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Ord. 0387-2 04-24-1989ORDINANCE NO. 387-2 AN ORDINANCE AMENDING ORDINANCE NO. 387-1 BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVI- SIONS 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 DESIG- NATED 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 intersec- tion 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. Ordinance No. 387-1 is amended based upon 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 1 erected: (a) Along FM 518 (East Broadway) from a point 145 feet east of the intersection of Houston Avenue to a point 245 feet east of the intersection of Old Alvin Road; (b) Along Jasmine Street from a point 120 feet east of its intersection of Houston Avenue to its intersection with Galveston Avenue; (c) Along Plum Street from a point 170 feet east of the intersection with Galveston Avenue to a point 90 feet west of the intersection with West Briar Circle; (d) Along Grand Boulevard from a point 300 feet south of the intersection of Plum Street to a point 200 feet south of the intersection of FM 518 (East Broadway); (e) Al-ong Park Avenue from a point 300 feet south of the intersection of Plum Street to a point 180 feet south of FM 518 (East Broadway); Along Galveston from a point 135 feet north of the intersection of Plum Street to a point 185 feet south of FM 518 (East Broadway); Along Old Alvin Road from a point 170 feet north of the inter- section of Plum Street to a point 220 feet south of the inter- section of FM 518 (East Broadway); (h) Along West Circle Drive from a point 310 feet north of the intersection of Shadybend Drive to the intersection of Shady - bend Drive; (i) Along Shadybend Drive from a point 255 feet east of West Circle Drive to a point 250 feet east of Liberty Drive; (j) Along Misty Lane from a point 250 feet south of Shadybend Drive to Shadybend Drive; (k) Along Woody Road from (a point 150 feet north of the inter- section of Cherry Street to the intersection of FM 518 (West Broadway); (1) Along Cherry Street from a point 250 feet east of the inter- section of Woody Road to the intersection of Woody Road. (f) (g) 2 (m) Along Pear Street from a point 250 feet east of the inter- section of Woody Road to the intersection of Woody Road. (n) Along Anthony Drive from a point 50 feet south of the inter- section of Goodrich Drive to the intersection of FM 518 (West Broadway); (o) Along Corrigan Drive from a point 250 feet south of the inter- section of FM 518 (West Broadway) to the intersection of FM 518 (West Broadway). 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 exceeding Five Hundred Dollars ($500.00). 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 3 penalty, in the official newspaper of the City of Pearland, Texas. PASSED and APPROVED on first reading this , A. D., 1989. Mayor ATTEST: City Secretary PASSED and APPROVED on second and final reading this of - , A. D., 1989. Mayor ATTEST: fc City Soretary APPROVED AS TO FORM: City Attorney day of VOTING RECORD (FIRST READING) APRIL 10, 1989 Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None Motion passed 5 to 0. VOTING RECORD (SECOND READING) APRIL 24, 1989 Voting "Aye" - Councilmembers Tetens, Roberts, Bost, Wolff and Smith. Voting "No" - None Motion passed 5 to 0. day PUBLICATION DATE: APRIL 28, 1989 EFFECTIVE DATE: MAY 8, 1989 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 (f) (g) CITY OF PEARLAND, TEXAS DIRECTOR OF PLANNING AND TRANSPORTATION INSTALLATION OF TRAFFIC CONTROL DEVICES Pursuant to the authority conferred on me by the City Council of the City of Pearland, Texas, as Director of Planning and Transporta- tion, I have caused to be installed and erected under my direction traffic control devices as follows: SCHOOL ZONE SIGNAGE said aforedescribed devices located at the following locations in the City of Pearland, Texas, to -wit: (a) Along FM 518 (East Broadway) from a point 145 feet east of the intersection of Houston Avenue to a point 245 feet east of the intersection of 0ld Alvin Road; (b) Along Jasmine Street from a point 120 feet east of its intersection of Houston Avenue to its intersection with Galveston Avenue; (c) Along Plum Street from a point 170 feet east of the intersection with Galveston Avenue to a point 90 feet west of the intersection with West Briar Circle; (d) Along Grand Boulevard from a point 300 feet south of the intersection of Plum Street to a point 200 feet south of the intersection of FM 518 (East Broadway); (e) Along Park Avenue from a point 300 feet south of the intersection of Plum Street to a point 180 feet south of FM 518 (East Broadway); Along Galveston from a point 135 feet north of the intersection of Plum Street to a.point 185 feet south of FM 518 (East Broadway); Along 0ld Alvin Road from a point 170 feet north of the inter- section of Plum Street to a point 220 feet south of the inter- section of FM 518 (East Broadway); 1 (h) Along West Circle Drive from a point 310 feet north of the intersection of Shadybend Drive to the intersection of Shady - bend Drive; (i) Along Shadybend Drive from a point 255 feet east of West Circle Drive to a point 250 feet east of Liberty Drive; (j) Along Misty Lane from a point 250 feet south of Shadybend Drive to Shadybend Drive; (k) Along Woody Road from a point 150 feet north of the inter- section of Cherry Street to the intersection of FM 518 (West Broadway); (1) Along Cherry Street from a point 250 feet east of the inter- section of Woody Road to the intersection of Woody Road. (m) Along Pear Street from a point 250 feet east of the inter- section of Woody Road to the intersection of Woody Road. (n) Along Anthony Drive from a point 50 feet south of the inter- section of Goodrich Drive to the intersection of FM 518 (West Broadway); (o) Along Corrigan Drive from a point 250 feet south of the inter- section of FM 518 (West Broadway) to the intersection of FM 518 (West Broadway). I have personally inspected aforementioned traffic control devices. Signed this 2.)5r day of , A. D., 1989. William K. Thomasset Director of Planning and Transportation Filed in the Office of the City Secretary this - day of , A. D., 1989. City Secrtary, City of Pearland, Texas No. 1 2