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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._ 1 W z 0 N 0 z Cn 0) ^Q 0 z (APPROXIMATELY 2930') - 5 10 15 18 DETENTION POND 19 20 30 31. N 0 0 1 15 16 RES. 1 5 10 D- 0 LEGEND 19 15 SHADG BEN 5 ,- 1 5 6 w --I O -- 8 1 f 10 1 i \ SUNSET LAKES DRIVE j29 5 6 w 33 5+ LAKE SHORE DRIVE 1 1 0 WOODCHASE DRIVE I i_ [15j YELLOW STRIPE (4" MIN. — 6" MAX-) 13: City of Peariand, Texaa ,NO PASSING ZONE SUNSET LAKES Job No.: Scale: SHEET Oat. JUL?, 199 NORZ:1•— NONE vERT:1"—NONE o.n J.E.B. CAD FILE: CbI,E BI: C.R. LONG 97-6014 r