Ord. 1284 2006-07-24 * Codifiy 2012-10-09ORDINANCE NO. 1284
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 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 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:
ORDINANCE NO. 1284
(A) Along FM 1128 from the centerline of FM518 to south city limit of the City of
Pearland, a distance of approximately 2.994 miles, the speed limit shall be "55
MPH".
(B) Along FM 1128 a school zone from the centerline of W. Lea Road to a point 1003
feet south of Mockingbird, a distance of approximately 0.300 miles, the speed
limit shall be "35 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
sum 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.
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ORDINANCE NO. 1284
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 24th day of July , A.D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
JULY 24, 2006
Voting "Aye" - Councilmembers Saboe, Beckman,
Kyle, and Cole.
Voting "No" — None.
Motion passes 4 to 0, with Councilmember Tetens absent.
PUBLICATION DATE: July 26, 2006
EFFECTIVE DATE: August 6, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Proposed Speed Limit Changes Along Manvel Rd.
CR 474A
CR 474
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 / issues, as follows:
No. / Date 20 CC
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
l ✓r7 ' i SC f
Published July 26, 2006
ORDINANCE NO. 1284
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 HIGH-
WAYS OF PARTS THERE-
OF, WITHIN THE CORPO-
RATE LIMITS OF THE CITY
OF PEARLAND, AS SET
OUT IN THIS ORDINANCE;
PROVIDING A PENALTY;
AND DECLARING AN
EMERGENCY.
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 sum not more
than Two Hundred Dollars
($200).
PASSED and APPROVED
on First and Only Reading
this the 24th day of July,
A.D., 2006.
Is/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney
VOTING RECORD FIRST
AND ONLY READING JULY
24 2006
Voting "Aye" -
Councilmembers Saboe,
Beckman, Kyle and Cole.
Voting "No" — None.
Motion passed 4 to 0,
with Councilmember Tetens
absent.
PUBLICATION DATE:
July 26, 2006
EFFECTIVE DATE:
August 6, 2006
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER OF
THE CITY OF PEARLAND,
TEXAS