Ord. 0674 07-11-94ORDINANCE NO. 674
AN ORDINANCE ESTABLISHING A NO -PASSING ZONE PURSUANT TO
ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON YOST
ROAD, 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 AND FOR PUBLICATION; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH A
NO -PASSING ZONE INURES TO THE BENEFIT OF THE TRAVELING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, the Uniform Act Regulating Traffic on Highways,
Article 6701d, Vernon's Texas Civil Statutes, provides that local
authorities may within the reasonable exercise of their police
power regulate traffic with respect to streets and highways under
their jurisdiction; and
WHEREAS, Yost Road from Broadway (F.M. 518) to Washington
Irving Street is wholly within the corporate limits of the City of
Pearland and within the jurisdiction of the City of Pearland and
the governing body of the City has determined upon the basis of
information concerning traffic conditions brought to its attention
and 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 Yost Road a no -passing zone by the passage of
an ordinance, which shall be effective when appropriate signs
giving notice thereof are erected at such location or other place
or part of the street or highway; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Based upon information concerning traffic
conditions on Yost Road from Broadway (F.M. 518) to Washington
Irving Street and taking into consideration the width and condition
of the pavement and as authorized by the provisions of Article
6701d, Vernon's Texas Civil Statutes, the following no -passing zone
for the portion of Yost Road 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 traveling upon the named streets and
highways, or parts thereof, described as follows:
Along Yost Road from its intersection with Broadway (F.M. 518)
to its intersection with Washington Irving Street.
Section 2. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in any sum not exceeding $200.00
Dollars.
Section 3. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held
invalid or unconstitutional 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 4. All provisions of prior ordinances of the City in
conflict with a provision of this Ordinance are hereby repealed,
but only to the extent of any such conflict.
Section 5. All rights and remedies which have accrued in the
favor of the City under other ordinances establishing no -passing
zones in the subject area shall be preserved for the benefit of the
City.
Section 6. The City Secretary shall cause this Ordinance, or
the caption and penalty hereof, to be published in the official
newspaper of the City at least once within ten days after its
passage. This 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 7. The Council finds and determines that the need to
establish the no -passing zone described above inures to the benefit
of the traveling 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.
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PASSED and ADOPTED on First and Only Reading this the
day of _ , A. D., 1994.
ATTEST:
).--t-
PAT JONES
CITY SECRE Y
APPROVED AS TO FORM:
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C. V. COPP' .ER
MAYOR