Ord. 0809 07-28-97ORDINANCE NO. 809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO THE
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON MAIN STREET (STATE HIGHWAY 35),
OILER DRIVE, AND PEARLAND PARKWAY, OR PARTS THEREOF, WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL
DAYS, WITHIN DESIGNATED TIMES; 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 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 Tess 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 the following prima facie speed limits hereafter indicated for
vehicles are based upon an engineering and traffic investigation heretofore made as
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ORDINANCE NO. 809
authorized by the provisions of the Transportation Code and are hereby determined and
declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of
speed indicated for vehicles travelling upon the herein named streets and highways, or
parts thereof.
Section 2. The following areas, streets, highways, or portions thereof shall be
designated special speed zones and it shall be unlawful for any person to drive any vehicle
thereon at a speed greater than the speeds set forth herein on school days between the
hours of 7:30 a.m. and 8:30 a.m. and between the hours of 3:00 p.m. and 4:00 p.m.
when signs are erected:
(a) 35 miles 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;
(b) 20 mi/es per hour - along Oiler Drive from the intersection of Main Street
and Oiler Drive to the intersection of Oiler Drive and Pearland Parkway ; and
(c) 20 miles per hour - along Pearland Parkway from a point 100 feet south of
the intersection of Pearland Parkway and John Lizer Road to the intersection
of Pearland Parkway and Oiler Drive.
Section 3. 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 4. 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.
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ORDINANCE NO. 809
Section 5. 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 6. 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 7. 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 8. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 9. 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 10. 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
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ORDINANCE NO. 809
effective ten (10) days from and after its publication, or the publication of its caption and
penalty, in the official City newspaper.
Section 11. 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 a g day of
, A. D., 1997.
ATTEST:
APPROVED AS TO FORM:
A)0.41 ocLaut4_
A'MY MOTES McCULLOUGH
CITY ATTORNEY
4
TOM REID
MAYOR
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 I issues, as follows:
No. 1 Date -7 " 30 19 1 9
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this 3/ day of iy19
.notary Rpblic;. fState o Texas
ti .• bi�t_ix a e�. ate3u�u�
l ? ¢o AYiTAilY PUBUO ° STATE OF {.1AS
r1Laura An'nitE•frritio ifis; Publisher
'+eiroraari' 09/09/98
96 FORD ESCORT LX 4DR-
auto, air, cassette, $8,998.
Sand 'Dollar Autoplex (800)
299-5711..
LEGALS
Public Notice
ORDINANCE NO 809
t ,
AN ORDINANCE OF, THE.
' CITYI COUNCIL OF THE
CITY, OF PEARLAND,
TEXAS, ESTABLISHING'
PRIMA FACIE SPEED LIIV
ITS PURSUANT TO THE
TRANSPORTATION CODE,
•UPON THE BASIS OF AN l
ENGINEERING AND TRAF- -
FIC INVESTIGATION, UPON L
MAIN STREET (STATE B
HIGHWAY 35), OILER •
DRIVE,AND PEARLAND•
PARKWAY, DR PARTS
THEREOF; WITHIN THE
CORPORATE LIMITS OF.
THE .CITY OF PEARLAND,
ON SCHOOL DAYS, WITHIN
DESIGNATED TIMES; PRO- •
VIDING A PENALTY FOR
VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEV-
ERABILITY CLAUSE AND A
REPEALER CLAUSE; PRO-
VIDING AN, EFFECTIVE
DATE, FOR PUBLICATION
AND FOR CODIFICATION;
AND DECLARING AN
EMERGENCY BECAU.SE
THE. NEED TO ESTABLISH
MAXIMUM SPEED LIMITS
NURES TO THE BENEFIT
OF -THE .TRAVELLING PUB-
IC AND, THEREFORE;'
EARS DIRECTLY UPON
ATTEST:
/s/ YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
[ '
/s/AMY MOTES McCULLOUGH
CITY ATTORNEY
THE HEALTH, SAFETY AND
WELFARE OF THE CITIZEN
RY.
Section 5. Penalty. Any per-
son who Oa violate the pro-
visions of this section shall be
deemed guilty of a misde-
meanor and shall, upon 'con-
viction by a court of compe-
tent jurisdiction, be punished
by a ,ine in any sum not
exceeding Two Hundred
Dollars ($200.00) A.D., 1997.
PASSED anCi APPROVED on
First and Only Reading this
the 28th day of July,'A:D'.,
LEGALS
VO
REccnnuIR
AND ONLY READINGJLILY
, •
Voting "Aye"- Councilmem-
bars Cole, Berger; Beck-
man, Tetens, & Wilkins
Voting"No"- None
Motion passed 5 to 01.
• PUBLICATION DATE: JULY
30, 1997
EFFECTIVE DATE: AUGUST
10, 1997
I
PUBLISHED AS REQUIRED
BY SECTION 3.10_OF THE 1
/s/TOM REID
- CHARTER OF THE CITY OF
MAYOR PEARLAND.
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