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Home My WebLink AboutOrd. 1286-1 2012-03-26 - Supp 5 ORDINANCE NO. 1286-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 14, ARTICLE III, JUNKED VEHICLES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE; HAVING 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 Chapter 14, Article Ill, Junked Vehicles, of the City of Pearland Code of Ordinances, is hereby amended, to read as follows: Section 14-52. Definitions "Antique Vehicle"- shall mean a passenger car or truck that is at least 25 years old. "Junked Vehicle"- shall mean a vehicle that is self-propelled and does not have lawfully attached to it: (1) an unexpired license plate; of and a valid motor vehicle inspection certificate; and (2) is: (a) wrecked, dismantled or partially dismantled, damaged, discarded; or (b) inoperable and has remained inoperable for more than: (i) seventy-two (72) consecutive hours, if the vehicle is on public property; or (ii) thirty (30) consecutive days if the vehicle is on private property. "Motor vehicle" shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act. "Motor vehicle collector" shall mean a person who owns one or more antique or special interest vehicles and who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. ORDINANCE NO. 1286-1 "Motor vehicle demolisher" shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal, or otherwise wrecking or dismantling motor vehicles. "Special interest vehicle" shall mean a motor vehicle of any age which has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. "Storage facility" shall mean a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles. Section 2. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200). Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. 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 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. 2 ORDINANCE NO. 1286-1 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. Section 7. Declaration of Emergency. The Council finds and determines that the need to regulate the proliferation of junked vehicles inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this ordinance shall be adopted as an emergency measure, and that the rule requiring this ordinance to be read on two (2) separate occasions be, and the same is hereby waived. PASSED and APPROVED ON FIRST READING this the 12th day of March, A.D., 2012. en4\--2-4-4 EID MAYOR ATTEST: Y• G L• .1 'G 13..4 • SE ,. ' TARP APPROVED AS TO FORM: dr? DARRIN M. COKER CITY ATTORNEY 3 AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, MARCH 26, 2012, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND THE PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT 1. Events attended and upcoming events. IV. COUNCIL ACTIVITY REPORTS 1. Events attended and upcoming events. V. CITY MANAGER'S REPORT 1. Events attended and upcoming events. VI. CITIZENS VII. DOCKETED PUBLIC HEARING: VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of February 13, 2012, Regular Meeting held at 7:30p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1461 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR Page 1 of 3 — 3/26/2012 GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2011-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #22), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1286-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 14, ARTICLE III, JUNKED VEHICLES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA HARRIS' ABSENCE FROM THE MARCH 12, 2012, REGULAR MEETING. City Council. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR HVAC MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. IX. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT WITH THE PEARLAND VOLUNTEER FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. 2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A MASTER Page 2 of 3 — 3/26/2012 FIRE STATION LOCATION PLAN. Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE USE OF AVAILABLE FUND BALANCES TO MAKE COMPENSATION ADJUSTMENTS. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2012 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-38 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF PANASONIC TOUGHBOOKS FOR THE POLICE DEPARTMENT. Mr. Bill Eisen, City Manager. OTHER BUSINESS: None. X. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-652-1840 prior to the meeting so that appropriate arrangements can be made. I, Maria E. Rodriguez, Deputy City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 22nd day of March 2012, at 5:30 p.m. s t s Agendasaf• ,;y day of April 2012. . L144.4 2• Mara Rodriguez Dep ty City Secretary Page 3 of 3 — 3/26/2012