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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: 1 (sish (-4) (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. 4 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. Commission Expires: —/)— ?�