R2007-018 2007-02-12
RESOLUTION NO. 2007-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ENCOURAGING THE TEXAS STATE
LEGISLATURE TO APPROVE A LEGISLATIVE PROPOSAL
THAT WILL PROHIBIT THE CONSTRUCTION OF NEW OFF
PREMISE SIGNS ALONG STATE HIGHWAY 288.
WHEREAS, nearly 350 Texas cities prohibit new off-premise billboard
construction; and
WHEREAS, counties lack authority to prohibit new off-premise billboards;
and
WHEREAS, State Highway 288 is a public investment; and
WHEREAS, State Highway 288 is heavily traveled by tourists and
residents who fund the construction, operation and maintenance of roads; and
WHEREAS, State Highway 288 is heavily traveled by tourists and
residents who participate in the County, regional and State economy; and
WHEREAS, as a public investment, State Highway 288 must be
protected; and
WHEREAS, the County, regional and State economy is dependent on the
preservation of the state's natural beauty; and
WHEREAS, the roadway scenery is directly related to the local and State
economy; and
WHEREAS, it desirable to protect and provide for the general welfare of
the traveling public; and
WHEREAS, it is desirable to promote the health, safety, welfare, morals,
convenience, and enjoyment of the public; and
RESOLUTION NO. R2007 -18
WHEREAS, it is desirable to protect the public investment in the state
roadways; and
WHEREAS, it is desirable to protect and encourage economic
development through tourism; and
WHEREAS, it is desirable to preserve and promote the natural beauty of
the region and the State.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council of the City of Pearland hereby
encourages the Texas State Legislature to approve proposed legislation
prohibiting the construction of new off-premise signs along State Highway 288,
which will:
· Promote the convenience and enjoyment of the traveling public;
· Protect the public investment in the their roads;
· Protect and encourage regional and State economic development;
· Promote regional and State tourism industry;
· Preserve and promote the natural beauty of the road;
· Enhance recreational resources along the road; and
· Promote the natural beauty of the region and state landscape and
preserve the region's character.
PASSED, APPROVED and ADOPTED this the 1 ih day of
February, A.D., 2007.
J..,.; RN'
TOM REID
MAYOR
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L.
RESOLUTION NO. R2007 -18
ATTEST:
APPROVED AS TO FORM:
~nr~
DARRIN M. COKER
CITY ATTORNEY
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Prohibiting new off-premise billboard construction
along State Highway 288
• Business and tourist views: View from our roadways is directly related to regions's
ability to attract tourists and new businesses; impressions are formed from the roadway—
no second chance to make a good first impression
• City views: At least 350 cities throughout the state have done an admirable job of
stopping the proliferation of billboards because of visionary leadership AND legal tools.
• County view: Unfortunately, even with a vision, cities have no legal tools to stop
billboards along their gateways if they lie outside their ETJ, and counties have no legal
tools to stop billboards in their jurisdictions
• Growing by numbers: Now there is a growing problem because counties, especially
those adjacent to large urban areas, are feeling the effects of population growth and
sprawl; hundreds of new billboards are being erected in our county. Approx. 36,000
billboards in the state and 550 new permits are issued by TxDOT each year
• What this will NOT do: Stopping new billboards has NO impact on government signs,
on-premise business signs including for sale signs, or existing off-premise signs.
• Protect State Highway 288 Views: By adding State Highway 288 to the growing list of
protected roads under Transportation Code 391.252, its views will be protected from
billboard blight. Under this law, no new billboards can be erected on a protected road.
Existing billboards may be relocated if a highway is widened, and may be maintained,
repaired, or reconstructed.
• Protect taxpayers: By adding State Highway 288 to Transportation Code 391.252,
taxpayers will be saved from paying large sums of money to have future off-premise
billboards either relocated or condemned.
• Grassroots support:
o 79% of Texans agree that there should be no more billboards on Texas highways.
(Study conducted by Stephen Klineberg, PhD., Rice University Texas
Environmental Survey)
o At least 350 Texas cities have adopted no now billboard ordinances.
o A growing number of Texas counties are adding their roads to the protected list
o Over 200 adopt-a-highway groups support a state ban on new billboards
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Who has led a similar local effort? To name a few:
1. Citizens,mayors and city councils of 350 Texas cities
2. Bandera County roads: Bandera County Chamber of Commerce, Economic Dev. and
tourism issue.
3. SH 130: Landowners along SH 130 (Travis and Williamson Cos) who believe billboards
result in reduced property values
4. SH 90; Citizen groups and county commissioners in Medina Co who are interested in
maintaining a rural way of life and their community's historic character
5. FM 3238: Quality of Life groups in Blanco and Hays Counties desiring to preserve a
quiet way a life
6. 800+ citizens in Austin County wanting to preserve the bluebonnet country
7. Austin County Commissioners and Judge
8. Fayette County: unanimous vote to protect ALL roads.
9. Waller County Economic Development Partnership; currently pending approval by Waller
County Commissioners. Want to promote economic development and preserve rural
lifestyle.
10. Grand Parkway,pending
11. Comal County,pending
Who supports this or something similar?
1. TAC—Texas Assn. of Counties
2. CUC—Conference for Urban Counties
3. County Judges Assn.
4. Over 200 cities, counties and community groups across the state
5. GHP—Greater Houston Partnership
6. Northwest Chamber of Commerce
7. Bandera County Chamber of Commerce
8. Waller County Economic Development Partnership
9. Fayette County
10. Austin County
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Roads currently protected from new billboard construction:
A. All roads in nearly 350 Texas cities
B. Harris County toll roads
C. Fort Bend County toll roads
D. The following roads:
(1) U.S. Highway 290 between the western city limits of the city of Austin and the eastern city
limits of the city of Fredericksburg;
(2) State Highway 317 between the northern city limits of the city of Belton to the southern city
limits of the city of Valley Mills;
(3) State Highway 16 between the northern city limits of the city of Kerrville and Interstate
Highway 20;
(4) U.S. Highway 77 between State Highway 186 and State Highway 44;
(5) U.S. Highway 281 between:
(A) State Highway 186 and Interstate Highway 37 exclusive of the segment of U.S.
Highway 281 located in the city limits of Three Rivers; and
(B) the southern boundary line of Comal County and State Highway 306;
(6) State Highway 17 between State Highway 118 and U.S. Highway 90;
(7) State Highway 67 between U.S. Highway 90 and Farm-to-Market Road 170;
(8) Farm-to-Market Road 170 between State Highway 67 and State Highway 118;
(9) State Highway 118 between Farm-to-Market Road 170 and State Highway 17;
(10) State Highway 105 between the western city limits of the city of Sour Lake to the eastern
city limits of the city of Cleveland;
(11) State Highway 73 between the eastern city limits of the city of Winnie to the western city
limits of the city of Port Arthur;
(12) State Highway 21 between the southern city limits of the city of College Station and U.S.
Highway 290;
(13) a highway located in:
(A) the Sabine National Forest;
(B) the Davy Crockett National Forest; or
(C) the Sam Houston National Forest; or
(14) Segments 1 through 4 of State Highway 130.
(15) a highway in Bandera County that is part of the state highway system.
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(16) Farm-to-Market Road 3238 beginning at State Highway 71 and any extension of that road
through Hays and Blanco Counties.
(17) Farm-to-Market Road 2978 between Farm-to-Market Road 1488 and the boundary line
between Harris and Montgomery Counties.
(18) State Highway 90 between the western city limits of the city of San Antonio and the eastern
city limits of the city of Hondo.
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By:
A BILL TO BE ENTITLED
AN ACT
relating to county regulation of billboards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
TEXAS :
SECTION 1 . Section 391 . 252 (a) , Transportation Code,
is
amended to read as follows:
Sec. 391.252 . OFF-PREMISE SIGNS PROHIBITED. (a) A
person may not erect an off-premise sign that is adjacent
to and visible from:
(1) U.S. Highway 290 between the western city
limits of the city of Austin and the eastern city limits of
the city of Fredericksburg;
(2) StateiHighway 317 between the northern city
limits of the city of Belton to the southern city limits of
the city of Valley Mills;
(3) State Highway 16 between the northern city
limits of the city of Kerrville and Interstate Highway 20;
(4) U.S. Highway 77 between State Highway 186
and State Highway 44;
Text of subsec. (a) (5) as amended by Acts 2005, 79th Leg. ,
ch. 405, Sec. 1
(5) U.S . Highway 281 between State Highway 186
and Interstate Highway 37, exclusive of the segment of U. S.
Highway 281 located in the city limits of Three Rivers;
Text of subsec. (a) (5) as amended by Acts 2005, 79th Leg. ,
ch. 1046, Sec . 1
(5) U.S. Highway 281 between:
(A) State Highway 186 and Interstate
Highway 37; and
(B) the southern boundary line of Comal
County and State Highway 306;
(6) State Highway 17 between State Highway 118
and U.S . Highway 90;
(7) State Highway 67 between U.S . Highway 90 and
Farm-to-Market Road 170;
(8) Farm-to-Market Road 170 between State
Highway 67 and State Highway 118;
(9) State Highway 118 between Farm-to-Market
Road 170 and State Highway 17;
(10) State Highway 105 between the western city
limits of the city of Sour Lake to the eastern city limits
of the city of Cleveland;
(11) State Highway 73 between the eastern city
limits of the city of Winnie to the western city limits of
the city of Port Arthur;
(12) State Highway 21 between the southern city
limits of the city of College Station and U.S . Highway 290;
(13) a highway located in:
(A) the Sabine National Forest;
(B) the Davy Crockett National Forest; or
(C) the Sam Houston National Forest; or
Text of subsec. (a) (14) as added by Acts 2005, 79th Leg. ,
ch. 281, Sec. 2 . 78
(14) Segments 1 through 4 of State Highway 130 .
Text of subsec . (a) (14) as added by Acts 2005, 79th Leg.
ch. 352, Sec. 1
(15) a highway in Bandera County that is part of
the state highway system.
Text of subsec. (a) (14) as added by Acts 2005, 79th Leg. ,
ch. 796, Sec. 1
(16) Farm-to-Market Road 3238 beginning at State
Highway 71 and any extension of that road through Hays and
Blanco Counties .
Text of subsec. (a) (14) as added by Acts 2005, 79th Leg. ,
ch. 903 , Sec. 1
(17) Farm-to-Market Road 2978 between Farm-to-
Market Road 1488 and the boundary line between Harris and
Montgomery Counties .
Text of subsec . (a) (14) as added by Acts 2005, 79th Leg.
ch. 983 , Sec. 1 and Acts 2005, 79th Leg. ch. 1353 , Sec. 1
(18) State Highway 90 between the western city
limits of the city of San Antonio and the eastern city
limits of the city of Hondo.
(19) State Highway 288 from the southern boundary
of the City of Houston to the northern boundary of Lake
Jackson. •
(b) This section does not affect the ability of a
municipality to regulate a sign located on the portion of a
roadway listed in Subsection (a) that is within the
corporate limits or extraterritorial jurisdiction of the
municipality in accordance with Chapter 216, Local
Government Code.
(c) This section does not prohibit a person from
erecting an off-premise sign permitted by other law, rule,
or regulation that is adjacent to and visible from a
roadway not listed in this section and is visible from a
roadway listed under this section if the intended purpose
of the sign is to be visible only from the roadway not
listed under this section.