Ordinance 13-D-14 - Restricting driving in drainage easementsORDINANCE NO. 13-D-14
AMENDING SECTION 86-61 OF THE CODE OF ORDINANCES,
TRAFFIC AND MOTOR VEHICLES, RELATING TO DRIVING IN
DRAINAGE EASEMENTS; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz, Texas {the "City") has previously
adopted Ordinance No. 13-D-2 restricting driving in drainage easements, drainage ways, and
drainage rights-of--way by the addition of Section 86-57 through 86-62 to Chapter 86-Traffic
and Motor Vehicles-Article II-Operation of Vehicles Generally, to the Code of Ordinances of
the City; and
WHEREAS, the City Council finds it to be in the public interest to amend Section 86-61
of the Cade of Ordinances to add an additional exception to such restrictions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Section $6-61 of the Code of Ordinances is hereby amended by the addition of
subsection {d), Section 86-61 to hereafter read as follows:
"Sec. $6-61. Exceptions: Public safety and maintenance vehicles and vehicles
operated by property owners; Proof of authorization.
The foregoing limitations and prohibitions contained in sections 86-58.
and 86-59. shall be sub3ect to the following exceptions for permitted uses, which
shall be strictly construed:
(a) Operation of a motor vehicle on private property by the owner of such
private property;
(b) Operation of public safety vehicles on any lands, public or private;
(c) Operation of maintenance and service vehicles of the City, Guadalupe
County, Bexar County, Comal County, CCMA, or GBRA, as well as any other
authorized public bodies, including the contractors and agents thereof, on the
land, easements, and rights-of--way of such public bodies; and
(d) {i} Operation of a small motor vehicle, such as a passenger car or a light
pickup truck, with or without an attached utility trailer, a riding lawnmower, or
similar small utility vehicle; (ii) for purposes of conducting periodic maintenance
and/or upkeep of a public drainage way, drainage easement, ar drainage right-af-
way (containing no concurrent general right of access) located orl private
property; (iii) by the owner of such private property or his/her agent; and (iv) with
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the consent of all owners of the private property in such drainage way, easement,
or right-of--way required to be crossed in order to access the area to be maintained.
If any drainage way, easement, or right-of way belonging to the City must be
crossed to access the area to be maintained, the Director of Public Works or his
designee are authorized to consent to such access.
Any person operating any motor vehicle ar off-highway motor vehicle on
unimproved land with the written approval of the owner thereof shall have such
written approval in his or leer possession and available for inspection at all times
while operating the rrlotor vehicle or off highway motor vehicle on such lands."
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and Endings of the Council.
Section 3. All ordinances and codes, or pairts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section ~l. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
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PASSED ON FIRST READING, the 23`d day of April, 2013.
2013.
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
PASSED, APPROVED and ADOPTED ON SECOND READNG, the 7th day of May,
CITY SCHER XAS
Michael R. Carpenter, Mayor
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