Ord. 0809-01 10-13-97ORDINANCE NO. 809-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 809, FOR THE PURPOSE OF
CHANGING THE SPEED LIMIT FROM 35 MILES PER HOUR TO 30 MILES
PER HOUR IN CERTAIN SCHOOL ZONES LOCATED ALONG
MAIN STREET (STATE HIGHWAY 35), BASED UPON AN ENGINEERING
AND TRAFFIC INVESTIGATION AT SAID LOCATION; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH
MAXIMUM SPEED LIMITS IN THIS AREA INURES TO THE BENEFIT OF
THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, the Transportation Code provides, in part, that whenever the
governing body of the City shall determine upon the basis of an engineering and traffic
investigation 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 or 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 or highway;
now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 2(a) of Ordinance No. 809 is hereby amended to read as
follows:
"30 mi/es per hour when flashing - along Main Street (State Highway 35) from a
point 1,532 feet south of the intersection of Main Street and John Lizer Road to
a point 4,728 feet south of said intersection, a distance of approximately
0.605 miles".
1
ORDINANCE NO. 809-1
Section 2. The Superintendent of Public Works is hereby directed to erect, or
cause to be erected, signs and other traffic control devices as may be deemed by him
appropriate to evidence the special speed zones and times set forth hereinabove, and to
maintain and replace the same as necessary.
Section 3. All distances noted herein are approximations, to be used only for
identification purposes and any discrepancies or variations in those distances are not to
be construed against the City.
Section 4. 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 5. 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 6. 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 7. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 8. 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.
2
ORDINANCE NO. 809-1
Section 9. 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 10. Declaration of Emergency. The Council finds and determines that
establishing maximum speed limits at the locations set forth herein inures to the benefit
of the travelling 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 11Lday of
, A. D., 1997.
ATTEST:
APPROVED AS TO FORM:
A
C
MO TES McCULLOUGH
CITY ATTORNEY
3
TOM REID
MAYOR
D.ecd
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No.
No.
No.
No.
No.
Date
Date
Date
Date
Date
Subscribe and sworn to before me this
19 �7
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day oft .
Notary P r t,,`.Stata�'ofTexas_.
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"�tun�tci�r:�5 •
Laura Ann Emmons, Publisher
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ORDINANCENO..8094,1,'
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Ati'OODINAliCE OF THE
CITY COUNDIL,,iof THE
DITY-,-,f00....::::.!?tAilla N D-,
CXAS;;APktNDING ORDI-
NANCE :05:'66,--FOR THE
PURPOSE OF CHANGING
THE seggo,,LIMItffigNI: 35
MILES PER HOUR 1..0,36:
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.SCiOOL'.ZONE
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Section 4. Penalty. Any oei•-.,,,
sciri whirshallilklatethe pro
vistons.ot this section shall bef.:
•:cilopmgcFOilty of , a ,i:nisde,,,,
rnOnpi-:andspakupon-04-::
vtOtroiit*:6-Ourtf0.conipfl-
jeig jurisOctiak_be_i;imished
by741ineinany-Surirnot
exceeding ..Two Hundred
' Dollars ($200.00)::: •
PASSEck*OFPFIQVEDIon
First:AC(0m/ Reading thit
thl, 13th day r Octotier, A.
TTEST:
s/ YOUNG LORFING
CITY SECRETARY
FORM:
/4YIpTESM4c..,LILLOUGH
:.CITYATTORNEY
•.y0TNG RECORD (FIRST
ANDLAMLLY---BEAQM-G
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members Berger,
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