Ord. 0387-3 11-28-92ORDINANCE NO. 387-3
AN ORDINANCE AMENDING ORDINANCE NO. 387-2 BY 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. Ordinance No. 387-2 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, highways, 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 A.M. and 8:30 A.M. and between the hours
(4
of 3:00 P.M. and 4:15 P.M. when signs are 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) 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);
(f) 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);
(g) Along Old Alvin Road from a point 170 feet north of the
intersection of Plum Street to a point 220 feet south of the
intersection 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
Shadybend 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
intersection of Cherry Street to the intersection of FM 518
(West Broadway);
(1) Along Cherry Street from a point 250 feet east of the
intersection of Woody Road to the intersection of Woody Road;
(m)
Along Pear Street from a point 250 feet east of the
intersection of Woody Road to the intersection of Woody Road.
(n) Along Anthony Drive from a point 50 feet south of the
intersection of Goodrich Drive to the intersection of FM 518
(West Broadway);
(o) Along Corrigan Drive from a point 250 feet south of the
intersection of FM 518 (West Broadway) to the intersection of
FM 518 (West Broadway).
Section 3. The following areas, streets, highways, 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 thirty-five (35) miles per hour on school days
between the hours of 7:30 A.M. and 8:30 A.M. and between the hours
of 3:00 P.M. and 4:15 P.M. when signs are erected:
(a) Along FM 518 (West Broadway) from a point 528 feet east of
Woody Road to a point 528 feet west of Woody Road, a distance
of approximately 0.200 miles;
(b) Along Highway 35 (South Main) from a point 2376 feet north of
Industrial Road to a point 4488 feet north of Industrial Road,
a distance of approximately 0.400 miles.
Section 4. The following areas, streets, highways, 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 7:30 A.M. and 8:30 A.M. and between the hours of
3:00 P.M. and 3:30 P.M. when signs are erected:
(a) Along Liberty Drive from the intersection of Liberty Drive and
John Lizer to the intersection of Liberty Drive and Colleen,
a distance of 1026 feet.
Section 5. The Superintendent of Public Works 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 6. 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 Two
Hundred ($200.00) Dollars.
Section 7. 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 8. All provisions of prior ordinances of the City in
conflict with a provision of this Ordinance are hereby repealed,
but only to the extent of any such conflict.
Section 9. 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 10. All rights and remedies which have accrued in the
favor of the city under other ordinances establishing speed zones
in the subject area shall be preserved for the benefit of the City.
Section 11. The City Secretary shall cause this Ordinance, or
the caption and penalty hereof, to be published in the official
newspaper of the City at least once within ten days after its
passage on second and final reading. This Ordinance shall become
effective ten days from and after its publication, or the
publication of its caption and penalty, in the official City
newspaper.
PASSED and APPROVED on First Reading this the day of
A. D . , 1992 .
C. V. COPP G R
MAYOR
ATTEST:
6.7_;t7C-9
PAT JONES
CITY SECR TARY
PASSED and APPROVED on Second and Final Reading this the 9
day of 26?�rl��-- , A. D., 1992.
C. V. COY'-' GER
MAYOR
ATTEST:
PAT JONES
CITY SECRE'll- RY
APPROVED AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY
O-1
VOTING RECORD (FIRST READING) OCTOBER 26,.1992
Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson and Smith
Voting "No" - None
Motion passed 5 to 0.
VOTING RECORD (SECOND READING) NOVEMBER 9, 1992
Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson and Smith
Voting "No" - None
Motion passed 5 to 0.
PUBLICATION DATE: NOVEMBER 18, 1992
EFFECTIVE DATE: NOVEMBER 28, 1992