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HomeMy WebLinkAboutOrdinance No. 2015-17 (Title: An ordinance accepting a request of Terra Bella Subdivision Homeowners Association and ordering that the traffic rules that apply to a public road be extended to private roads within this subdivision.) ORDINANCE NO. 2015-17 AN ORDINANCE ACCEPTING A REQUEST OF TERRA BELLA SUBDIVISION HOMEOWNERS ASSOCIATION 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 or on the request of the governing body 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, Terra Bella 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 WHEREAS, at a meeting conducted on April 1, 2015, the Board of Directors of Terra Bella Homeowners Association voted to request that 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 request of the Board of Directors of the Homeowners Association in Terra Bella 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 1st day of June, 2015. PASSED, APPROVED, and ADOPTED on second and final reading this 13th day of July,2015. IZevin M. land Mayor ATTEST: ' ,.•'FRIEN.' •, :U :: Melinda Welsh, TRMC City Secretary '* .Nj 'g : 9TFOF ��IP Ord. 2015-17 2