Ord. 0807 07-28-97ORDINANCE NO. 807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING A NO -PASSING ZONE PURSUANT TO
SECTION 545.055 OF THE TRANSPORTATION CODE, UPON SUNSET
MEADOWS DRIVE BETWEEN BROADWAY STREET AND WOODCHASE
DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; 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 A
NO -PASSING ZONE INURES TO THE BENEFIT OF THE TRAVELLING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Section 545.055 of the Transportation Code provides, in part, that
local authorities may, with reference to highways under their jurisdiction, designate
any portion thereof as a no -passing zone; and
WHEREAS, Sunset Meadows Drive between its intersection with Broadway
Street on the north and its intersection with Woodchase Drive on the south is wholly
within the corporate limits of the City of Pearland and within the jurisdiction of the
City of Pearland; and
WHEREAS, the governing body of the City has determined upon the basis of
information concerning traffic conditions brought to its attention, 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, that it
would inure to the benefit of the health, safety, and welfare of the citizenry of the
City of Pearland for the City to designate the above -referenced portion of Sunset
Meadows Drive a no -passing zone by the passage of this ordinance; now, therefore,
1
ORDINANCE NO. 807
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Based upon information concerning traffic conditions on Sunset
Meadows Drive between Broadway Street on the north and Woodchase Drive on the
south, taking into consideration the width and condition of the pavement and as
authorized by the provisions of the Transportation Code, the following no -passing zone
for the portion of Sunset Meadows Drive hereafter indicated for vehicles is hereby
determined and declared to be reasonable, safe, and will inure to the benefit of the
health, safety, and welfare of the citizenry of the City of Pearland; and such no -
passing zone is hereby designated for vehicles travelling upon the named streets and
highways, or parts thereof, described as follows:
Along Sunset Meadows Drive between its intersection with Broadway
Street on the north and its intersection with Woodchase Drive on the
south.
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. Declaration of Emergency. The Council finds and determines that
the need to establish the no -passing zone described above 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
ORDINANCE NO. 807
that the rule requiring this Ordinance to be read on two (2) separate occasions be, and
the same is hereby, waived.
Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 7. 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 8. 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.
3
ORDINANCE NO. 807
PASSED and APPROVED on First and Only Reading this the day of
C\o")-h6
ATTEST:
Y4 NG
SE ' ETARY
, A.D., 1997.
APPROVED AS TO FORM:
AMY 0 ES McCULLOUGH
CITY AT ORNEY
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 ) issues, as follows:
No. ) Date 1- 19 9 `1
No. Date 19
No. Date 19
No Date
No. Date 19
19
Subscribe and sworn to before me this 3/ day of iLd((
19 •Ifl
an•rARVFUMIG SrkrFnc p.r
Notair o,i ibl c, ` "tiffFexafs
.�--� ��isa tj
Laura Ann Emmons, Publisher
Iic Notice`:
ORDINANCE-NO.807 • -
AN ORDINANCE.OF THE
CITY COUNCIL OF THE ,
CITY OF PEARLAND,
. TEXAS, ESTABLISHING A
-NO-PASSING ZONE PUR-
SUANT - TO SECTION
545.055.OF THE TRANS-
PORTATION CODE,_upoN
SUNSET:DRIVE' MEADOWS
DRIVE BETWEEN BROAD-_
WAY STREET AND WOOD -
CHASE DRIVE,'OR PARTS
THEREOF, WITHIN THE
CORPORATE LIMITS OF
THE CITY.OF PEARLAND,
AS SET OUT IN THIS .ORDI-
NANCE; PROVIDING A
PENALTY FOR,VIOLATION;
CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY !
CLAUSE, AND A REPEAL-
ER CLAUSE; PROVIDING I
AN EFFECTIVE DATE, FOR
PUBLICATION, AND FOR
CODIFICATION; AND
DECLARING AN EMER-
GENCY BECAUSE' THE
_NEED -TO ESTABLISH A
NO -PASSING ZONE INURES
TO THE BENEFIT OF THE
TRAVELLING PUBLIC AND,
THEREFORE, BEARS
DIRECTLY UPON THE
HEALTH, SAFETY AND
,WELFARE OF THE CITIZEN-
RY.
Section 2. Penalty. Any per-
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 s
by a-fine_in_any_ sum not •
exceeding Two Hundred-;
Dollars ($200.00)
PASSED and APPROVED on i
r First and Only Reading this i
the-28th-day ofJuly, A.D.,
j 1997.
• /s/TOM REID
-MAYOR
•
ATTEST-
/s/YOUNGLORFING,
CITY SECRETARY
APPROVED AS TO FORM:
/s/AMY MOTES McCULLOUGH
CITY ATTORNEY '
VOTING RECORD (FIRST
AND ONLY READING JULY
R8.1997)
Voting "Aye"= Councilmem-
bers Cole, Berger,, Beck-
man, Tetens, & Wilkins
Voting"No"-Nona
Motion passed 5 to 0:
PUBLICATION DATE: JULY
30,1997
EFFECTIVE DATE: AUGUST
i 10,1997
•
PUBLISHED AS REQUIRED
BY SECTION 3.10 OF THE '
CHARTER OF THE CITY OF
PEARLAND._
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SUNSET LAKES DRIVE
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YELLOW STRIPE (4" MIN. — 6" MAX-)
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City of Peariand, Texaa
,NO PASSING ZONE
SUNSET LAKES
Job No.:
Scale:
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o.n J.E.B. CAD FILE:
CbI,E BI: C.R. LONG 97-6014
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