Ord. 0794 06-23-97ORDINANCE NO. 794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RECOGNIZING McHARD ROAD AS BEING LOCATED WITHIN THE
CITY FROM APPROXIMATELY 300 FEET EAST OF THE INTERSECTION OF
THE SOUTH FRONTAGE ROAD OF STATE HIGHWAY 288 ("SH 288") AND
McHARD ROAD TO THE WESTERN CITY LIMIT LINE; AND ESTABLISHING
A SPEED LIMIT ON SAID SECTION OF McHARD ROAD AT 30 MILES PER
HOUR; 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
FOR SPEED LIMIT SIGNS 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, it is the City's policy and practice to assign or extend names of City
streets to county roads that are included within the City limits; and
WHEREAS, the Transportation Code provides, in part, that local authorities may,
with reference to highways under their jurisdiction, enforce traffic control devices
including speed limit signs; and
WHEREAS, setting the speed limit at 30 miles per hour on sections of McHard Road
is necessary in order to meet new traffic needs; and
WHEREAS, this change will bring sections of McHard Road into compliance with
the city's goal of bringing non -highway thoroughfare and collector streets into general
urban character consistent with urban needs as they develop; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That McHard Road approximately 300 feet east of the intersection of
the south frontage road of SH 288 and McHard Road to the western City limit line is
hereby recognized as being included within the City limits of Pearland.
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ORDINANCE NO. 794
Section 2. Pursuant to the grant of authority contained in the preamble hereof,
speed limit signs on McHard Road are hereby set at 30 miles per hour in the following
section:
from approximately 300 feet east of the intersection of the south frontage
road of SH 288 and McHard Road to the western City limit line.
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.
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ORDINANCE NO. 794
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.
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
speed limit signs in this area of McHard Road 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 (?9,3,Ef. day of
, A. D., 1997.
ATTEST:
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IT S ETARY
TOM REID
MAYOR
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ORDINANCE NO. 794
APPROVED AS TO FORM:
A'M'yt MO S McCULLOUGH
CITY ATT RNEY
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