Ord. 0848 06-08-98ORDINANCE NO. 848
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RECOGNIZING LYNN STREET, CUNNINGHAM STREET, AND
HALBERT STREET IN WILLOWCREST SUBDIVISION, SECTION 5, AND
FRANCIS STREET IN WILLOWCREST SUBDIVISION, SECTION 4, AS
BEING LOCATED WITHIN THE CITY; RENAMING LYNN STREET TO
LYNN DRIVE, CUNNINGHAM STREET TO CUNNINGHAM DRIVE, AND
HALBERT STREET TO HALBERT DRIVE IN SAID SECTION 5 AND
FRANCIS STREET TO FRANCIS DRIVE IN SAID SECTION 4; AND
ESTABLISHING A SPEED LIMIT ON SAID DRIVES AT 30 MILES PER
HOUR; 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 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, it is the City's policy and practice to assign or extend names of City
streets to county roads that are included within the City limits; and
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, setting the speed limit at 30 miles per hour on the above mentioned
drives is necessary in order to meet new traffic needs; and
WHEREAS, this change will bring sections of said drives 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,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Said drives are hereby recognized as being included within the City
limits of Pearland.
ORDINANCE NO. 848
Section 2. That Lynn Street, Cunningham Street, and Halbert Street in said
Section 5 are hereby renamed to Lynn Drive, Cunningham Drive, and Halbert Drive;
also, Francis Street in said Section 4 is hereby renamed to Francis Drive.
Section 3. Pursuant to the grant of authority contained in the preamble
hereof, speed limit signs on said drives are hereby set at 30 miles per hour in the
following sections of said Willowcrest Subdivision, Sections 4 and 5.
Section 4. 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 5. Declaration of Emergency. The Council finds and determines that
speed limit signs in this area of said Willowcrest Subdivision, Sections 4 and 5, 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 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
2
ORDINANCE NO. 848
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
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 8th day of June,
A.D., 1998.
3
TOM REID
MAYOR
ORDINANCE NO. 848
ATTEST:
NG LO
Y SECR " ARY
APPROVED AS TO FORM:
Cdees.
DARRIN M. COKER
INTERIM CITY ATTORNEY
4
VOTING RECORD (FIRST AND ONLY READING
JUNE 8, 1998)
Voting "Aye" - Councilmembers Seeger, Berger,
Wilkins, Tetens, and Beckman.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: JUNE 10, 1998
EFFECTIVE DATE: JUNE 20, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, 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.
No.
No.
No.
No.
Date ., - (0 19 9
Date 19
Date 19
Date
Date
391,
19
19
G&W, h'i/A_C6rD
Editor
Subscribe and sworn to before me this / day of
19 D
Notary P
Laura Ann
,,qmurr
ip
Iick"tate of Texas
0
dons, Publisher
SI
OM REID -
AYOR
N ORDINANCE OF THE ,{SI
-ITV COUNCIL OF THE YOUNG LORFING
ITY OF PEARLAND, C-ITY SECRETARY
EXAS, RECOGNIZING
LYNN STREET, CUNNING- ' AP
AM STREET, AND HAL-
BERT STREET IN WILLOW- /
REST SUBDIVISION, SEC -
ION 5, AND FRANCIS
TREET IN WILLOWCREST
UBDIVISION, SFCTION 4,
( S BEING LOCATED WITH-
N THE CITY; RENAMING
YNN STREET. TO LYNN
ROVED AS TO FORM:
_. .i
TIN M. COKER
ONLY READIN
98
IM CITY ATTORNEY. f
FIR
JUNE.\
ti g "Aye°-Councilmembers1
DRIVE, CUNNINGHAM . 'Y4
STREET TO CUNNINGHAM i fl3 rger, Seeger, Wilkins,
DRIVE,AND HALBERT' ,
tens, and Beckman.
STREET TO'HALBERT 1"t
DRIVE IN SAID SECTION 5 Voting "Non -None
AND FRANCIS STREET TO i
FRANCIS DRIVE IN SAID
SECTION 4; AND ESTAB-
LISHING A SPEED LIMIT
ON SAID DRIVES AT 30
MILES PER HOUR; PRO- •
VIDING A PENALTY FOR
VIOLATION; CONTAINING ,
A SAVINGS CLAUSE, A
. SEVERABILITY CLAUSE
AND A REPEALER
CLAUSE;_PROVIDING AN
EFFEFTIVE DATE, FOR
PUBLICATION, AND FOR'
CODIFICATION; AND
DECLARING AN EMER- •-= •
GENCY BECAUSETHE - -'�
EED FOR SPEED LIMIT
SIGNS IN THIS AREA
INURES TO THE BENEFIT
G.'OF T'_.E TRAVELLING -PUB--
LIC AND, THEREFORE,
•BEARS DIRECTLY UPON i
THE HEALTH; SAFETY AND
WELFARE OF THE CITI-
ZENRY.
7. Section 4. Penalty; Any per=
son who shall violate the pro-
• visions of.this section shall be.
deemed guilty:of a •misde-
meanor and shall, upon con-
viction bya court of compe-
tent jurisdiction, be punished
by a fine in any sum riot
exceeding Two Hundred .
Dollars ($200,00).
"PASSED and APPROVED on
First and Only Reading this
the 8th day of June, A.D.,
1998.
Motion passes 5 to 0.
PUBLICATION DATE: JUNE
10,1998
FFECTIVE DATE: JUNE'20,
998 ,
P. BUSHED AS'REOUIBED.;
SECTION 3.10 OF THE !
GHARTER OF THE Nel