Ord. 0785 03-31-97ORDINANCE NO. 785
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 COUNTRY
CLUB DRIVE BETWEEN GREEN TEE DRIVE AND GOLFCREST 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, Country Club Drive between Green Tee Drive and Golfcrest Drive
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 Country Club
Drive a no -passing zone by the passage of this ordinance; now, therefore,
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ORDINANCE NO. 785
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Based upon information concerning traffic conditions on Country
Club Drive between Green Tee Drive and Golfcrest Drive, 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 Country Club
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 Country Club Drive from its intersection with Green Tee Drive to
its intersection with Golfcrest Drive.
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
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ORDINANCE NO. 785
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 (1 0) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
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ORDINANCE NO. 785
PASSED and APPROVED on First and Only Reading this the.315t day of
7'T7aJt4kJ, A.D., 1997.
ATTEST:
(yjiU70LANDlii*164(
_``jCITY SECRETARY
APPROV !7 S TO FORM:
A Y MO ES McC LLOU H
CITY AT ORNEY
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TOM REID
MAYOR