Ord. 0387-1 11-25-85ORDINANCE NO. 387-1
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR
VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL
STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION,
UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN
DESIGNATED TIMES; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE
ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, Article 6701d, Vernon's Texas Civil Statutes, 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 less than is reasonable or safe
under the conditions found to exist at any intersection or other place
or upon any part of a street or 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 or 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
Article 6701d, Vernon's Texas Civil Statutes, the following prima
facie speed limits hereafter indicated for vehicles 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.
Section 2. The following areas, streets, or portions thereof
shall be designated special speed zones and it shall be unlawful for
any person to drive any vehicle thereon at a speed greater than twenty
(20) miles per hour on school days between the hours of 7:30 and 8:30
A.M. and between the hours of 2:30 and 4:15 P.M. when signs are
erected:
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(a) Along FM 518 (East Broadway) from a point 145 feet more or
less east of the intersection of Houston Avenue to a point
245 feet more or less east of the intersection of Old Alvin
Road, approximately 1800 feet;
(b) Along Jasmine Street from a point 120 feet more or less east
of its intersection of Houston Avenue to its intersection
with Galveston Avenue, approximately 550 feet;
(c) Along Plum Street from a point 170 feet more or less east of
the intersection with Galveston Avenue to a point 90 feet
more or less west of the intersection with West Briar
Circle, approximately 950 feet;
(d) Along Grand Boulevard from a point 300 feet more or less
south of the intersection of Plum Street to a point 200 feet
more or less south of the intersection of FM 518 (East
Broadway), approximately 750 feet;
(e) Along Park Avenue from a point 300 feet more or less south
of the intersection of Plum Street to a point 180 feet more
or less south of FM 518 (East Broadway) , approximately 750
feet;
(f) Along Galveston from a point 135 feet more or less north of
the intersection of Plum Street to a point 185 feet more or
less south of FM 518 (East Broadway), approximately 1000
feet;
(g) Along Old Alvin Road from a point 170 feet more or less
north of the intersection of Plum Street to a point 220 feet
more or less south of the intersection of FM 518 (East
Broadway), approximately 1500 feet;
(h) Along West Circle Drive from a point 310 feet more or less
north of the intersection of Shadybend Drive to the
intersection of Shadybend Drive;
(i) Along Shadybend Drive from a point 255 feet more or less
east of West Circle Drive to a point 250 feet more or less,
east of Liberty Drive;
(j) Along Misty Lane from a point 250 feet more or less south of
Shadybend Drive to Shadybend Drive, approximately 250 feet;
(k) Along Woody Road from a point 50 feet more or less north of
the intersection of FM 518 to a point 50 feet more or less
south of the intersection of Cherry Street;
(1) Along Anthony Street from a point 50 feet more or less north
of the interesection of FM 518 to a point 50 feet more or
less south of the intersection of Goodrich Street;
(m) Along Pear Street from a point 250 feet more or less east of
the intersection of Woody Road west to Woody Road.
Section 3. The City Director of Planning and Transportation is
hereby directed to erect, or cause to be erected, signs and other
traffic control devices as may be deemed by him appropriate to
evidence the special speed zones and times set forth hereinabove, and
to maintain and replace the same as may become necessary.
Section 4. 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 more than Two Hundred Dollars
($200) .
Section 5. 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 6. All existing ordinances and parts of ordinances in
conflict herewith are hereby repealed, but only to the extent of such
conflict.
Section 7. It is the intent of the City Council that this
Ordinance, when approved and adopted, shall be made a part of, and
incorporated into, the Code of Ordinances of the City of Pearland,
Texas, and said Code is hereby expressly amended to include the
provisions of this Ordinance in all respects.
Section 8. This Ordinance shall take effect and be in force on
the tenth day after its publication, or the publication of its caption
and penalty, in the official newspaper of the City of Pearland, Texas.
PASSED AND APPROVED ON FIRST READING this the
ATTEST:
, A. D., 19 XSf
CITY OF PEARLAND,
BY:
1.
Mayor
day of
PASSED AND APPROVED ON SECOND AND FINAL READING this the a2 J!
day of
, A. D., 19 dJ .
CITY OF PEARLAND, TE
BY:
ATTEST:
City S cretary
DATE OF PUBLICATION: NOVEMBER 29 1985
EFFECTIVE DATE:
APPROVED AS TO FORM:
DECEMBER 09 1985
VOTING RECORD (FIRST READING) NOVEMBER 12, 1985
Voting "Aye" - Councilmen Gray, Bost, Tetens and Lentz
Voting "No" - None
VOTING RECORD (SECOND READING) NOVEMBER 25, 1985
Voting "Aye" - Lentz, Tetens, Bost, Frauenberger
and Gray
Voting "No" - None
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER
OF THE CITY OF PEARLAND, TEXAS.
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PUBLISHER AFFIDAVIT
STATE OF .TEXAS
COUNTY OF BRAZORIA
Kenneth Carr, Publisher of the Journal, a newspaper published in Pearland
County of BRAZORIA , Texas, personally appeared before me the
undersigned, a notary public within and for the said state, who being duly sworn,
states on oath that the notice of Ordinance Na.. 387-1
a true copy of which is hereto attached, was published in the
Pearland Journal on 29 day of November
Newspaper
SWORN TO AND SUBSCRIBED BFF'ORE ME THIS ."9 DAY OF
BLISHER
19 16
Joa!m. Hale, Notary Public in and for
the State of Texas.
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