Ord. 0849 06-22-98ORDINANCE NO. 849
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING A SPEED LIMIT OF 45 MILES PER HOUR DURING
CONSTRUCTION ALONG STATE HIGHWAY 35 (MAIN STREET) FROM
FM 518 (BROADWAY) TO THE SOUTH CITY LIMIT; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ESTABLISH TEMPORARY SPEED
LIMITS DURING CONSTRUCTION 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 Texas Department of Transportation has made it known to the City
of Pearland that operations will begin in the near future to upgrade State Highway 35
(Broadway); and
WHEREAS, in the interest of safety, it is desirable to maintain a construction speed
zone during the construction period; 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; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That a construction speed zone be established along the portion of
State Highway 35 (Main Street) from FM 518 (Broadway) to the south City limit,
a distance of approximately 4.80 miles.
Section 2. Pursuant to the grant of authority contained in the preamble hereof,
speed limit signs on this section of State Highway 35 are hereby set at 45 miles per hour.
The necessary signs for posting the speed zones will be furnished, installed, and
maintained by the direction of the Texas Department of Transportation engineer in charge
of the project.
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ORDINANCE NO. 849
Section 3. 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.
Section 4. This ordinance shall be in effect only during the period of
construction, and completion of this project shall automatically cancel the speed zone.
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. Declaration of Emergency. The Council finds and determines that speed
limit signs in this area during construction along State Highway 35 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 7. 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 8. 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.
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ORDINANCE NO. 849
Section 9. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
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 22nd day of June,
A. D., 1998.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
JUNE 1998)
Voting "Aye" -
Councilmembers Berger, Beckman,
Seeger, Tetens, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: JUNE 24, 1998
EFFECTIVE DATE: JULY 4, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS