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Ord. 0838 02-09-98ORDINANCE NO. 838 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 REID BOULEVARD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH ALBERTSON'S PRIVATE DRIVE, AND UPON MAX ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH ALBERTSON'S PRIVATE DRIVE, TO CONTROL TRAFFIC ALONG SAID PRIVATE DRIVE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING 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 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: Albertson's Private Drive With Reid Boulevard and Max Road: Upon Reid Boulevard in an easterly direction at its intersection with Albertson's private drive, to control traffic along said private drive; Upon Max Road in a westerly direction at its intersection with Albertson's private drive, to control traffic along said private 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 1 ORDINANCE NO. 838 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. 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. 2 ORDINANCE NO. 838 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 gth day of February , A.D., 1998. ATTEST: APPRO TO FORM: MTES cCULLbUGH CITY A TORNEY 3 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING) FEBRUARY 9, 1998 Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens, & Wilkins. Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: February 11, 1998 EFFECTIVE DATE: February 21, 1998 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE OF CITY OF PEARLAND, TEXAS. CITY LIMITS 7400 49 50 7300 BROADWAY STR. 7200 W ESTCHESTER MANVEL ROAD Cttr of Peartand atop alone for Atbertnoria Peartand Jab NO.1 D.A. Fubrvory, 1990 ftalm HERZ.1,. 200' VOfTl'- 0- fCR LONG AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date No. No. No. No. Date Date Date Date Subscribe and sworn to before me this 19 ' Editor 19 `g 19 19 19 19 LAURA.A. l*� MQNS. F 3UC„'STATE QFTc. 1S F ' Y C�I�;rM SSsON EXPIRES:. . Notary Public, State of Texas Laura Ann Emmons, Publisher ORDINANCE OPTHE ITY COUNCIL OF THE ITY OF PEARLAND, XAS, ESTABLISHING OP SIGNS WITHIN THE RPORATE LIMITS OF E CITY OF PEARLAND N REID BOULEVARD IN EASTERLY DIRECTION ITS INTERSECTION TH ALBERTSON'S PRI- TE DRIVE, AND UPON ROAD IN A WESTER - DIRECTION AT ITS TERSECTION WITH LEIERTSON'S PRIVATE RIVE, TO CONTROL AFFIC ALONGSAID PRI- TE DRIVE; PROVIDING A NALTY FOR VIOLATION; NTAINING A SAVINGS USE, A SEVERABILITY USE AND AREPEALER ;_ • USE; PROVIDING FOR BLICATION, CODIFICA- . ;. T N, AND AN EFFECTIVE j D E; AND DECLARING AN E RGENCY BECAUSE ' T NEED TO ESTABLISH . S P SIGNS AT INTERSEC- T S INURES TO THE B EFIT OF THE TRAVEL- . LI PUBLIC AND, THERE- FO JBEARSDIRECTLY 1 , UP THE HEALTH, SAFE;' • ;'; TY ND WELFARE OF THE • . C ENRY. Se Penalty. Any per- hp shall violate the pro- - : v ns of this section shall be de ed guilty of a misde- m nor and shall, upon con- : v n by a court clf compe- - - -te urisdiction, be punished t by fine in any sum not - - - - • ( ex eding Two Hundred , I : , i D rs ($200.90). - 1 ,*--'. - ____.. r P , on th .19 SED and APPROVED rst and Only Reading this th day of February, A.D:-, A :EST: • • C SECRETARY PPAOVED TO FORM: ITY ATTORNEY • OTING RECORD (FIRST ND ONLY READING FEB- UARY 9, 1998) ting "Aye" - uncilmembers Cole, erger, Beckman, Tetans, . nd Wilkins. - ting "No" - None. s 5 to O.