Ord. 1244 02-13-06ORDINANCE NO. 1244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING
AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS
OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY; AND DECLARING AN EMERGENCY.
WHEREAS, ' 545.356,Texas Transportation Code, provides that whenever the
governing body of the City shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or Tess than is
reasonable or safe under the conditions found to exist at any intersection or other place or
upon any part of a street of highway within the City, 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, said governing body may determine and
declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of
an Ordinance, which shall be effective when appropriate signs giving notice thereof are
erected at such intersection or other place or part of the street of highway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. Upon the basis of an engineering and traffic investigation heretofore
made as authorized by the provisions of ' 545.356, Texas Transportation Code, the prima
facie speed limits, attached hereto and incorporated as Exhibit "A", are hereby determined
and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate
of speed indicated for vehicles traveling upon the named streets and highways, or parts
thereof, described as follows:
(A) Along FM 518 from the centerline of SH 288 to 106 feet west of Washington, a
distance of approximately 5.97 miles, the speed limit shall be "45 MPH".
ORDINANCE NO. 1244
(B) Along FM 518 from 106 feet west of Washington to 158 feet west of Westminster,
a distance of approximately 1.402 miles, the speed limit shall be "40 MPH".
(C)Along FM 518 form 158 feet west of Westminster to the east City limit of City of
Pearland, a distance approximately 3.289 miles, the speed limit shall be "45
MPH".
(D)Along FM 518 a school zone from a point 211 feet east of Anthony to a point 53
feet east of Cunningham, a distance of approximately 0.200 miles, the speed limit
shall be "30 MPH" WHEN FLASHING.
(E)Along FM 518 a school zone from a point 106 feet west of Grand Blvd to a point
211 feet east of Old Alvin Road, a distance of approximately 0.400 miles, the
speed limit shall be "25 MPH" WHEN FLASHING.
Section 2. Penalty. 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
some not more than Two Hundred Dollars ($200).
Section 3. 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 4. 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 5. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 6. 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. 1244
Section 7. 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.
Section 8. Declaration of Emergency. The Council finds and determines that
vehicle speed 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.
PASSED and APPROVED this the 13th day of February , A.D., 2006.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
FEBRUARY 13, 2006
Voting "Aye" - Councilmembers Tetens, Owens, Cole,
Marcott, and Saboe
Voting "No" — None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
February 15, 2006
February 24, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for l issues, as follows:
No / Date /.- 20
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 06
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
1�
day of 4Z
Laura Ann Emmons, Publisher
Notary Public, State of Texas
0RD- ,gijq
Published Feb. 15, 2006
ORDINANCE NO. 1244
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, ALTERING THE
PRIMA FACIE SPEED LIM-
ITS ESTABLISHED FOR
VEHICLES UNDER THE
PROVISIONS OF' 545.356,
TEXAS TRANSPORTA-
TION CODE, UPON THE
BASIS OF AN ENGINEER-
ING AND TRAFFIC INVES-
TIGATION, UPON CER-
TAIN STREETS AND
HIGHWAYS, OF PARTS
THEREOF, WITHIN THE
CORPORATE LIMITS OF
THE CITY OF PEARLAND,
AS SET OUT IN THIS
ORDINANCE; PROVIDING
A PENALTY; AND
DECLARING AN EMER-
GENCY.
Section 2.
Penalty. Any person violat-
ing any of the provisions of
this ordinance shall be
deemed guilty of a misde-
meanor and upon conviction
thereof shall be fined in any
some not more than Two
Hundred Dollars ($200).
PASSED and APPROVED
this the 13th day of
February , A.D., 2006
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM
/s/ Darrin M. Coker
City Attomey
VOTING RECORD FIRST
AND ONLY READING
FEBRUARY a=
Voting "Aye°-
Councilmembers Tetens,
Owens, Cole, Marcott, and
Saboe.
Voting "No"- None.
Motion passes 5 to 0.
PUBLICATION DATE:
February 15, 2006
EFFECTIVE DATE:
February 24, 2006
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS