HomeMy WebLinkAboutOrdinance No. 2009-21 (Title: An ordinance accepting a petition of the property owners in The Lake of San
Joaquin subdivision and ordering that the traffic rules that apply to a public road be
extended to private roads within this subdivision.)
ORDINANCE NO. 2009-21
I
AN ORDINANCE ACCEPTING A PETITION OF THE PROPERTY
OWNERS IN THE LAKE OF SAN JOAQUIN SUBDIVISION AND
ORDERING THAT THE TRAFFIC RULES THAT APPLY TO A PUBLIC
ROAD BE EXTENDED TO PRIVATE ROADS WITHIN THIS
SUBDIVISION, PURSUANT TO THE PROVISIONS OF §542.008 OF THE
TEXAS TRANSPORTATION CODE; AND PROVIDING A PENALTY OF
A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS
ORDINANCE.
WHEREAS, §542.008 of the Texas Transportation Code provides that, on the petition of
25 percent of the property owners residing in a subdivision in which the roads are privately
owned, the municipality may extend, by ordinance, any traffic rules that apply to a road owned
by the municipality; and
WHEREAS, The Lake of San Joaquin subdivision is a subdivision in which the roads
are privately owned and that is located in a municipality with a population of 300 or more; and
i
WHEREAS, The members of The Lake of San Joaquin Community Association have
voted to petition the City of Friendswood to extend the traffic rules that apply to a public road to
the private roads within the subdivision; and
WHEREAS, §542.008 of the Texas Transportation Code provides that City of
Friendswood may, by ordinance, extend any or all of the requested traffic rules to the private
streets of this subdivision, if the city finds that it is in the best interest of the municipality,
generally; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That pursuant to Texas Transportation Code §542.008, the City of
Friendswood accepts the petition of the property owners in The Lake of San Joaquin subdivision
requesting that the traffic rules that apply to a public road be extended to private roads within the.
subdivision. The City Council finds it in the best interest of the City of Friendswood to extend,
all traffic rules that apply to a public road to the private streets of this subdivision, so that the
private streets of this subdivision are under the same traffic rules as the public streets of the City.
Section 2. That the City Council hereby issues an order under section 542.008 of the
Texas Transportation Code that the private roads in the subdivision are considered to by public
highways or streets for purposes of the application and enforcement of the traffic rules.
Section 3. That the City may place official traffic control devices on property abutting
the private roads if: (1) those devices relate to the specified traffic rule; and,
(2) the consent of the owner of that property is obtained or an
easement is available for the placement.
Section 4. Any person violating any provisions of this Ordinance shall by deemed guilty
of a misdemeanor and, upon conviction thereof, shall by fined in any sum not less than One
Dollar ($1.00)nor more than Two Hundred Dollars ($200.00).
PASSED and APPROVED on first reading this 28`h day of September 2009.
PASSED,APPROVED, and ADOPTED on second and final reading this the 2"d day
of November 2009.
David N. H. mith
Mayor
ATTEST:
�OF FRIEAIO
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Deloris McKenzie, TRMC
City Secretary
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rqr� OF
Ord 2009-21 2