Ord. 0808 07-28-97ORDINANCE NO. 808
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 SCHLEIDER DRIVE, PLUM
STREET, AND BARRY ROSE ROAD, 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
1
ORDINANCE NO. 808
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
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 twenty (20) miles per hour 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 4:15 p.m. when signs are erected:
(a) on Plum Street as follows:
(1) 150 feet east of the intersection of Old Alvin Road and Plum
Street (eastbound); and
(2) 125 feet west of the intersection of Schleider Drive and Plum
Street (westbound).
(b) on Schleider Drive as follows:
(1) 100 feet west of the intersection of Schleider Drive and Barry
Rose Road (northbound); and
(2) 55 feet south of the intersection of Plum Street and Schleider
Drive (southbound).
2
ORDINANCE NO. 808
(c) on Barry Rose Road as follows:
(1) 150 feet north of the intersection of Barry Rose Road and
Schleider Drive (southbound); and
(2) 300 feet south of the intersection of Barry Rose Road and
Schleider Drive (northbound).
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 may become 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.
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
3
ORDINANCE NO. 808
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
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.
4
ORDINANCE NO. 808
PASSED and APPROVED on First and Only Reading this the /? day of
, A. D., 1997.
ATTEST:
APPRO ED AS TO FORM:
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CITY
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A ES McCULLOUGH
ATTORNEY
TOM REID
MAYOR
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OF 1
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 1' 30 19 1 r3
No. Date 19
No. Date 19
No. Date 19
No. Date 19
\(cat\actry-ryi-tv
Editor
Subscribe and sworn to before me this 3 l day of
19
BRA A. EMMONS
witc. STATF n �s
Laura Ann Emmons, Publisher
LEGALS
ORDINANCE NO. 808 -
AN ORDINANCE OF THE
CITY COUNCIL OF THE
• CITY OF PEARLAND,
TEXAS ESTABLISHING
PRIMA FACIE SPEED LIM•
-
ITS PURSUANT TO THE
TRANSPORTATION CODE,
UPON THE BASIS OF AN I
ENGINEERING AND TRAF-
FIC INVESTIGATION, UPON.
SCHLEIDER DRIVE, PLUM '
STREET, AND BARRY ,
' ROSE ROAD, OR 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
SEVERABILITY CLAUSE
AND A- REPEALER•
CLAUSE; PROVIDING .AN
'EFFECTIVE DATE, FOR
PUBLICATION AND FOR
CODIFICATION; • AND,'
DECLARING AN EMER-
GENCY BECAUSE THE
NEED -TO ESTABLISH MAX-
IMUM SPEED ; LIMITS
I INURES TO THE BENEFIT
OF THE TRAVELLING PUB-
LIC AND THEREFORE,
BEARS!DIRECTLY UPON
THE HEALTH, SAFETY AND
' WELFARE OF THE CITI- 1
ZENRY. j
Section 5. Penalty. Any per-
r son who shall 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 I
by a =fine •in any sum not
exceeding Two, Hundred I
Dollars ($200.00). ' • '
PASSED and APPROVED on
First' and Only Reading this
the 28th day of July, A.D.,
1997. •
ATTEST:
/s/TOM REID
MAYOR
ATTEST:
/s/,YOUNG LORFING
CITY SECRETARY
APPROVED AS TO PORN
• /s/AMY MOTES McCULLOUGH
CITY ATTORNEY
� r
;—VOTING RECORD (FIRST
AND ONLY READING JULY
28,1997)
Voting "Aye"„- Councilmem-
bars Cole, Berger, Beck-
man, Tetens, & Wilkins
• Voting"No"- None
Motion passed 5 to 0.
PUBLICATION DATE: JULY
30,1997
EFFECTIVE DATE: AUGUST
10,1997
PUBLISHED AS REQUIRED
BY SECTION 3.10 OF THE —,
' CHARTER OF THE CITY OF
PEARLAND. _
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