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Ord. 0767 01-13-97ORDINANCE NO. 767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON OAKWICK DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BARRETTS GLEN DRIVE, UPON SPRING OAK DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MAPLE WOOD DRIVE, UPON ASPLEY DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH CASTLE OAKS DRIVE (OAKBROOK ESTATES, SECTION 2); 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 STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Section 544.003 of the Transportation Code provides, in part, that local authorities may, with reference to highways under their jurisdiction, designate any intersection as a stop intersection; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, the following intersections are designated as stop intersections: Oakbrook Estates, Section 2: Oakwick Drive in a southerly direction at its intersection with Barretts Glen Drive; Drive; Spring Oak Drive in an easterly direction at its intersection with Maple Wood Aspley Drive in a northerly direction at its intersection with Castle Oaks Drive. 1 ORDINANCE NO. 767 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 stop signs 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. 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. 2 ORDINANCE NO. 767 APPRO. ED AS TO FORM: A Y MO S McCULLOU H CITY AT • RNEY 6i\ VOTING RECORD (FIRST AND ONLY READING) JANUARY 13, 1997 Voting "Aye" - Councilmembers Cole, Tetens, Richardson, Beckman & Wilkins Voting "No" - None Motion passed 5 to 0. PUBLICATION DATE: January 22, 1997 EFFECTIVE DATE: February 1, 1997 PUBLISHED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 ORDINANCE NO. 767 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. PASSED and APPROVED on First and Only Reading this the /c day of , A.D., 1997. ATTEST: YO NDA C. BENITEZ CIT SECRETARY 3 TOM REID MAYOR