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Ordinance 2005-42


ORDINANCE NO. 2005-42

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP,
TEXAS AMENDING SECTION 10.606 OF THE CODE OF ORDINANCES,
ENTITLED "PARKING ALONG HIGHWAY 71", TO ADD SECTION 10.606(d) DESIGNATING THE SOUTH SIDE RIGHT OF WAY OF HIGHWAY 71 FOR 543 FEET EAST AND WEST OF THE INTERSECTION WITH TAHITIAN DRIVE AS A NO PARKING AND TOW AWAY ZONE AND AMENDING SECTION 10.609, ENTITLED "NO PARKING ON CERTAIN CITY STREETS" TO ADD SECTION 10.609(11) DESIGNATING THE RIGHT OF WAY ON BOTH SIDES OF TAHITIAN DRIVE BETWEEN HIGHWAY 71 AND INDUSTRY AS A NO PARKING AND TOW AWAY ZONE; AUTHORIZING SIGNS TO BE ERECTED TO REFLECT THESE DESIGNATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, pursuant to the authority granted by the Texas Transportation Code, Chapters 542 and 684, the City of Bastrop is authorized to restrict parking in rights of way and to provide for the towing of illegally parked vehicles; and

WHEREAS, the City Council of the City of Bastrop previously enacted article 10200 of the Code of Ordinances which provides for the towing of illegally parked vehicles; and

WHEREAS, the City Council has found it to be in the best interest of the public for traffic congestion and safety reasons to designate certain areas contained herein as no parking and tow away zones;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT THE CITY CODE BE AMENDED AS FOLLOWS:

Part 1: Section 10.606 of the Code of Ordinances of the City of Bastrop is hereby amended to add the following subsection (d):

(d) A "No Parking Zone" and "Tow Away Zone" are hereby designated to run along the south side right-of-"ay for Highway 71 for a distance of 543 feet east and 543 feet west of the respective curb lines of Tahitian Drive. It shall be unlawful for any person to park any motor driven vehicle in the zones designated herein, and, in addition to all other penalties and remedies, any vehicle parked in these zones shall be subject to towing.

Part 2: Section 10.609 of the Code of Ordinances of the City of Bastrop is hereby amended to add the following subsection (11):

(11) A "No Parking Zone" and "Tow Away Zone" are hereby designated to run along the rights-of-way on both sides (east and west) of Tahitian Drive between Highway 71 and Industry. It shall be unlawful for any person to park any motor driven vehicle in the zones designated herein, and, in addition to all other penalties and remedies, any vehicle parked in these zones shall be subject to towing.

Part 3: The City Manager shall cause signs meeting the requirements of Section 684.053 of the Texas Transportation Code and Section 10.202 of the City's Code of Ordinances to be erected at the required intervals in the zones designated herein. Nothing herein shall be deemed as limiting the effect of other tow away zones in the City not included in this Ordinance.

Part 4: The City Manager and City Secretary are hereby authorized and directed to make necessary changes to all records of the City of Bastrop to reflect this amendment to the Code.

Part 5: Should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance or any other ordinance of the City as a whole or any part thereof, other than the part so declared to be invalid. Further, it is the intent of the City that all parts of this Ordinance be interpreted to be in full conformance with the State Transportation Code.

Part 6: This Ordinance becomes effective in accordance with the terms and provisions of the City Charter and State law.

READ and Acknowledged on First Reading on the 8th day of November 2005.
READ and Adopted on Second Reading on the 22nd day of November 2005.


APPROVED:
Mayor Tom Scott's signature.

By: Tom Scott
Mayor

ATTEST:

City Secretary's signature, Teresa Valdez.
Teresa Valdez
City Secretary

APPROVED AS TO FORM:
Jo Christy Brown
Brown & Carls, L.L.P.
City Attorney

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