Ord. 0914 07-26-99ORDINANCE NO. 914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SECTION 26-5, OBSTRUCTION OF PUBLIC WAYS
GENERALLY, OF CHAPTER 26, STREETS AND SIDEWALKS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, IN ORDER TO CLARIFY THE
PROHIBITION OF OBSTRUCTION OF PUBLIC PROPERTY; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 26-5, Obstruction of Public Ways Generally, of
Chapter 26, Streets and Sidewalks, of the City of Pearland Code of Ordinances, is
hereby amended to read as follows:
"Section 26-5. Obstruction of public ways generally.
(a) It shall be unlawful for any person within the city without obtaining
a permit to erect, construct, reconstruct, alter or repair or to permit the
erection, construction, reconstruction, alteration or repair of any fence,
wall, hedge, structure or any other character of obstruction including, but
not limited to, sprinkler and irrigation systems or components thereof:
(1) Under, over, on or across any public property, way, alley,
street, sidewalk or park; or
(2) Between the property line of any lot and a public street or
alley line.
(b) Any person who shall violate any of the provisions of this section
or fail to comply therewith shall be guilty of a misdemeanor. The owner
of any building or premises or part thereof, where anything in violation of
this section shall be placed or exist, and any architect, builder,
contractor, agent or person assisting in the commission of any such
violation shall also be guilty of a separate misdemeanor."
1
ORDINANCE NO. 914
Section 2. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
2
ORDINANCE NO. 914
PASSED and APPROVED ON FIRST READING this the 12th day of July ,
A. D., 1999.
ATTEST:
ETAR
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th day
of July , A. D., 1999.
TOM REID
MAYOR
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
JULY 26, 1999)
Voting "Aye" - Councilmembers Berger, Wilkins, and Seeger.
Voting "No" - None.
APPROVED AS TO FORM: Motion passes 3 to 0, with Councilmember Tetens and Beckman absent.
PUBLICATION DATE: JULY 28, 1999
EFFECTIVE DATE: AUGUST 8, 1999
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10 OF
CITY ATTORNEY THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
AFFIDAVIT OFPUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows: - -
No. % Date 2.4 19 q`1
No Date 19
No. Date 19
No Date 19
No. Date 19
President
Subscribe and sworn to before me this
dayof JAY
I1'`1t'1\111'��-�111'�t1-�1\11\\-�1\
r
LAURA A. EMMONS
- Notary Public, • '.te of Texas
mission Public,
9- •2
A nn • , is sher
Notary Public, State of Texas
ID.... NO:14=s..,,_ A
AN ORDINANCE OF THE /'
,CITY COUNCIL C
CITY OF THE F
TEXAS OF PEARLAND
AMENDING SEC- F
TION 26-5, OBSTRUCTION J
OF PUBLIC WAYS GENER-
LLY,;OF CHAPTER 26, /'
TREETS AND SIDE-
1
.t ALKS, OF THE CITY OF
.PEARLAND CODE OF -
ORDINANCES; AS IT MAY i;'
AVE BEEN, FROM TIME
0 TIME; AMENDED, IN
ORDER TO CLARIFY THE E
ROHIBITION OF
OBSTRUCTION OF PUBLIC
ROPERTY; PROVIDING A
ENALTY FOR VIOLATION;
CONTAINING A SAVINGS '
LAUSE, A. SEVERABILITY. "
CLAUSE, AND A REPEAL-
ER CLAUSE; PROVIDING
,'.FOR PUBLICATION, COD!?
FICATION AND AN EFFEC-
TIVE DATE: .I
/IN Any person who shall vio-
P "late any of the provisions of
this section or fail to comply I
therewith shall be guilty of a `
isdemeanor. The owner of E
ny building or premises or f
;t part thereof, where anything F
,e .in violation of this section shall E'
ar-. be placed or exist, and any �,' ,of architect, builder, contractor, P
"+ i�gent_or_person,assisti_rig:in
the commission, of any such
n \violation shall also be guilty of
Rt Separate misdemeanor." -_-
't'
1
/S/ DARRIN M. COKER
18�ITY ATTORNEY
! tj/
STING RECORD SECOND
ND FINAL READING JULY
/12-
Voting
Councilmembers Aye"
Wilkins, and Seeger. Berger,
with i
oting "No"- None.
IMotion passes 3 to 0
IlCouncilmembers Tetens and
Beckman absent.
'EFFECTIVE DATE:li
( PUBLICATION DATE: JULY
>.28, 1999 ' , s
a
;AUGUST 8, 1999 P
'UBLISHED AS REQUIRED 1a
Y SECTION_3.10 OF THE ,
I CHAR,ER OF THE ICY OF- -rC
PEAR 1 TEX
or
I1
ASSED and APPROVED
N-FIRST READING this the '
th day of July A.D., 1999.
TOM REID
YOR
EST:
/§/ YOUNG LORFING
UITYSECRETARY
ASSED and APPROVED
, N SECOND AND FINAL
i �tEADING this the 26thday of
1999
'I SL TOM REID
; AYOR
i ill ESTED:
;f, / YOUNG LORFING
ITY SECRETARY
!II/APPROVED
iIPPROVED AS TO FORM:
t ` (
E
b
C
3