Ord. 1563 2018-07-09 ORDINANCE NO. 1563
An Ordinance of the City Council of the City of Pearland, Texas, temporarily
altering the prima facie speed limits established for vehicles under the
provisions of Section 545.356, Texas Transportation Code, upon certain
streets and highways,of parts thereof,within the corporate limits of the City Of
Pearland(Max Road from Hughes Ranch Road to the north end of Reid Road),
as set out in this ordinance; providing a penalty; and declaring an emergency.
WHEREAS, Section 545.356,Texas Transportation Code, provides that whenever the
governing body of the City shall determine that any prima facie speed therein set forth is greater or
less than is reasonable or safe under the conditions found to exist at any intersection or other place
or upon any part of a street of highway within the City, taking into consideration the width and
condition of the pavement and other circumstances on such portion of said street or highway, as
well as the usual traffic thereon, said governing body may determine and declare a reasonable and
safe prima facie speed limit thereat or thereon by the passage of an Ordinance, which shall be
effective when appropriate signs giving notice thereof are erected at such intersection or other place
or part of the street of highway; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Upon the basis of engineering and traffic design criteria heretofore made and
authorized by the provisions of Section 545.356,Texas Transportation Code,the prima facie speed
limit for Max Road,from Hughes Ranch Road to the north end of Reid Road shall be 30 mph for the
duration of the Max Road Project, and such temporary speed limit is hereby determined and
declared to be reasonable and safe.
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.
ORDINANCE NO. 1563
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. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
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 vehicle
speed inures to the benefit of the traveling 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 and Only Reading this the 9th day of July, A. D., 2018.
TOM REID
MAYOR
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ATTEST: .�`.. LANO
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a ANPrn:r/l.. _.% 'Lt;' I V-1 VOTING RECORD SECOND AND FINAL READING
` OUNVOR 1► C =�:• " I cn_ July 9,2018
ITY S CRETARY %, ' •....... Voting"Aye"-Councilmembers Carbone,Moore,Reed,
'1,,„0•‘ Hernandez,Little,Perez,and Owens
Voting"No"-None.
Motion passes 7 to 0.
PUBLICATION DATE July11,2018
EFFECTIVE DATE: July 20,2018
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ORDINANCE NO. 1563
APPROVED AS TO FORM
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DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND,TEXAS
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