Ord. 1362 2008-09-29ORDINANCE NO. 1362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS EXTENDING TRAFFIC RULES AND
REGULATIONS TO CERTAIN PRIVATE ROADS OWNED AND
MAINTAINED BY THE CABOT COVE COMMUNITY
ASSOCIATION AND CONTAINED WITHIN THE CABOT COVE
SUBDIVISION; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR PENALTIES AND FINES; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR CONFLICTS WITH OTHER
LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Texas Transportation Code § 542.008 provides that traffic
rules may be extended by a municipality to privately owned or maintained roads
within certain private subdivisions upon the request of certain individuals or
entities; and
WHEREAS, a request by the Cabot Cove Community Association, a
Texas non - profit property owners association, which owns or maintains those
roads within the Cabot Cove Subdivision has been made to the City pursuant to
Texas Transportation Code § 542.008 to enforce certain traffic rules on said
private roads; and
WHEREAS, the City recognizes its responsibility and authority to impose
ordinances, acts, laws, or regulations that are necessary for the government of
the City; and,
WHEREAS, the purpose of this Ordinance is to protect the public and
provide for welfare of the City; and,
WHEREAS, the City finds this ordinance in the interest of the municipality
generally:
ORDINANCE NO. 1362
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1 . ADOPTION
The City hereby adopts Title 7 of the Texas Transportation Code to be enforced
upon the private roads of the Cabot Cove Subdivision according to the map or
plat of record filed in the Plat Records of Brazoria County
Section 2 . ENFORCEMENT
Any police officer of the City or any officer of any law enforcement agency
authorized to enforce an ordinance of the City may enforce this Ordinance.
Section 3 . ADMINISTRATION
Any violation of this ordinance shall be prosecuted in the Municipal Court of the
City.
Section 4 . PENALTIES AND FINES
1. A person commits an offense pursuant to this Ordinance if that person
commits, causes, permits, allows, or maintains a violation of this
Ordinance or the provisions of the Texas Transportation Code adopted
herein.
2. A person convicted of an offense that is a misdemeanor under this
Ordinance or the portions of the Texas Transportation Code adopted
herein for which another penalty is not provided by the applicable
portions of the Texas Transportation Code adopted herein shall be
punished by a fine of not less than $1 or more than $200.
3. No culpable mental state is required for an offense under this
Ordinance, unless the applicable provisions of the Texas
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ORDINANCE NO. 1362
Transportation Code adopted herein otherwise require a culpable
mental state.
Section 5 . CONFLICT WITH OTHER STATUTES OR LAWS
1. This Ordinance does not preempt, and is in addition to, any other
applicable statute, law, ordinance, rule, or regulation.
2. Whenever any provision of this Ordinance conflicts with those
contained in another ordinance, the most stringent or restrictive
provision shall control.
Section 6 . SEVERABILITY
Should any portion of this Ordinance be held invalid or unenforceable for any
reason, the same shall not be construed to affect any other valid portion thereof,
and all valid portions shall remain in full force and effect.
Section 7 . EMERGENCY
The City Council hereby declares that a public emergency exists for the
enforcement of traffic laws bears directly upon the health, safety, and welfare of
the citizenry; therefore this Ordinance shall be passed finally on its first and only
reading and shall take effect immediately upon its passage and approval by the
City Council.
Section 8 . EFFECTIVE DATE
This Ordinance shall become effective from and after the date of its publication,
or the publication of a caption summarizing its purpose and stating the penalty for
the violation.
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ORDINANCE NO. 1362
PASSED AND APPROVED First and Only Reading this the 29 day of
September, A.D., 2008
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-- TO17 REID
MAYOR
TTC CT•
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
SEPTEMBER 29, 2008
Voting "Aye" - Councilmembers Owens, Beckman, and
Cole.
Voting "No" — None.
Motion passed 3 to 0, with Councilmembers Saboe and
Kyle absent.
PUBLICATION DATE: October 1, 2008
EFFECTIVE DATE: October 10, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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