Ord. 1179 08-23-04ORDINANCE NO. 1179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING A SCHOOL CROSSING ZONE UPON KIRBY
DRIVE PURSUANT TO ITS POLICE POWER AND SECTION 542.202 OF
THE TEXAS TRANSPORTATION CODE, PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO DESIGNATE SCHOOL
CROSSING ZONES INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Section 541.302 of the Texas Transportation Code defines a school
crossing zone as a reduced -speed zone designated on a street by a local authority to
facilitate safe crossing of the street by children going to or leaving a public or private
elementary or secondary school during the time the reduced speed limit applies; and
WHEREAS, Section 542.202 of the Texas Transportation Code allows a local
authority in the reasonable exercise of its police power to designate school crossing zones
on highways within the its jurisdiction by the passage of an ordinance, which shall be
effective when appropriate signs giving notice thereof are erected at such school crossing
zones; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. There shall hereby be designated a school crossing zone on
Kirby Drive from a point 30 feet south of its intersection with Emerald Bay northward
to a point 100 feet south of its intersection with Shadow Creek Ranch Parkway,
wherein the prima facie speed limit is reduced to 20 MPH during the following times
on school days: 7:15 a.m. to 8:15 a.m., and 2:45 p.m. to 3:45 p.m.
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ORDINANCE NO. 1179
Section 2. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred
Dollars ($200.00).
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.
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. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 7. 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
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ORDINANCE NO. 1179
ten (10) days from and after its publication, or the publication of its caption and penalty, in
the official City newspaper.
Section 8. Emergency. The Council finds and determines that the need to
designate school crossing zones within the City 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 the FIRST AND ONLY READING this the 23rd day
of August , A. D., 2004.
TTEST:
NG: ' FI , MC
Y S RETARY
APPROVED AS TO FORM
04,..2_ diz,
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
August 23, 2004
Voting "Aye" - Councilmembers Tetens, Owens, Viktorin,
Marcott, and Cole.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: August 25, 2004
EFFECTIVE DATE: September 3, 2004
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
0re1-1119
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulationinBrazoria, Harris & Galveston Counties, for / issues, ,,as follows:
No. / Date 20
No Date 20
No Date 20
No. Date 20
No. Date 20
.Subscribe and sworn to before me this 16
520 Lt
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of 64Th:ge-?-ts
14'
Laura Ann Emmons, Publisher
Notary Public, State of Texas
00 \Vick
ORDINANCE NO. 1179
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, DESIGNATING A
SCHOOL CROSSING
ZONE UPON KIRBY
DRIVE PURSUANT TO ITS
POLICE POWER AND
SECTION 542.202 OF THE
TEXAS TRANSPORTA-
TION CODE, PROVIDING
A PENALTY FOR VIOLA-
TION; CONTAINING A
SAVINGS CLAUSE, A
SEVERABILITY CLAUSE
AND A REPEALER
CLAUSE; PROVIDING
FOR PUBLICATION, COD-
IFICATION AND AN
EFFECTIVE DATE; AND
DECLARING AN EMER-
GENCY BECAUSE THE
NEED TO DESIGNATE
SCHOOL CROSSING
ZONES INURES TO THE
BENEFIT OF THE TRAV-
ELING PUBLIC AND,
THEREFORE, BEARS
DIRECTLY UPON THE
HEALTH, SAFETY AND
WELFARE OF THE CITI-
ZENRY.
Section 2. Penalty. Any
person who shall violate the
provisions of this section
shall be deemed guilty of a
misdemeanor and shall,
upon conviction by a court
of competent jurisdiction, be
punished by a fine in any
sum not exceeding Two
Hundred Dollars ($200.00).
PASSED and APPROVED
ON the FIRST AND ONLY
READING this the 23rd
day of August , A.D., 2004.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing
City Secretary
APPROVED AS TO FORM
/s/ Darrin M. Coker
City Attomey
VOTING RECORD FIRST
AND ONLY READING
August 23, 2004
Voting "Aye"-
Councilmembers Tetens,
Ownes, Viktorin, Marcott
and Cole.
Voting "No" -None.
Motion passes 5 to 0.
PUBLICANTION DATE:
August 25, 2004
EFFECTIVE DATE:
September 3, 2004
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS