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Ord. 0780 03-31-97ORDINANCE NO. 780 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING OILER DRIVE AS BEING LOCATED WITHIN THE CITY FROM MAIN STREET TO CENTENNIAL BOULEVARD AND RECOGNIZING CENTENNIAL BOULEVARD AS BEING LOCATED WITHIN THE CITY FROM OILER DRIVE TO BROADWAY; AND ESTABLISHING A TEMPORARY SPEED LIMIT ON SAID SECTIONS OF OILER DRIVE AND CENTENNIAL BOULEVARD AT 30 MILES PER HOUR DURING THE CONSTRUCTION PHASE; AND ESTABLISHING A PERMANENT SPEED LIMIT ON SAID SECTIONS OF OILER DRIVE AND CENTENNIAL BOULEVARD AT 35 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING A PENALTY FOR VIOLATION; CONTAIN- ING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; 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, 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, the setting of a temporary speed limit at 30 miles per hour on sections of Oiler Drive and Centennial Boulevard is necessary in order to meet traffic needs during the construction phase; and WHEREAS, the setting of a permanent speed limit at 35 miles per hour on sections of Oiler Drive and Centennial Boulevard is necessary in order to meet traffic needs upon completion of construction; and WHEREAS, this change will bring sections of Oiler Drive and Centennial Boulevard 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, 1 ORDINANCE NO. 780 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Oiler Drive from the southern right-of-way of Centennial Boulevard to the northern right-of-way of Main Street and Centennial Boulevard from the southern right-of-way of Oiler Drive to the southern right-of-way of Broadway is hereby recognized as being included within the City limits of Pearland. Section 2. Pursuant to the grant of authority contained in the preamble hereof, a temporary speed limit is hereby set at 30 miles per hour during the construction phase as follows: in the section of Oiler Drive from the southern right-of-way of Centennial Boulevard to the northern right-of-way of Main Street; and in the section of Centennial Boulevard from the southern right-of-way of Oiler Drive to the southern right-of-way of Broadway. Section 3. Pursuant to the grant of authority contained in the preamble hereof, a permanent speed limit is hereby set at 35 miles per hour upon completion of construction as follows: in the section of Oiler Drive from the southern right-of-way of Centennial Boulevard to the northern right-of-way of Main Street; and in the section of Centennial Boulevard from the southern right-of-way of Oiler Drive to the southern right-of-way of Broadway. 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. 2 /'1 ORDINANCE NO. 780 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 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 3 ORDINANCE NO. 780 effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. Section 11. Emergency. The Council finds and determines that speed limit signs in this area of Oiler Drive and Centennial Boulevard 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,6/5 day of teodt- ATTEST: WENDY ST RF INTERIM CI SECRETARY APPROVED AS TO FORM: , A.D., 1997. Y OTES McCU LOUGH CITY TTORNEY 4 TOM REID MAYOR