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Ord. 1291 2006-08-28ORDINANCE NO. 1291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING TH E PLACEMENT OF STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (SOUTHDOWN @ SUSSEX TRAIL); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Section 544.003 of the Transportation Code provides, in part, that local authorities may, with reference to highways under their jurisdiction, designate any intersection as a stop intersection; and WHEREAS, a stop sign warrant analysis for the above referenced intersection has been prepared; and WHEREAS, based on the available data, the installation of stop signs at the intersection is warranted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, the placement of stop signs in accordance with Exhibit "A", attached hereto and incorporated for all purposes, is hereby approved. Section 2. Declaration of Emergency. The Council finds and determines that the need to establish stop signs 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 NO. 1291 Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). 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 2 ORDINANCE NO. 1291 effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on First and Only Reading this the 28' day of August , A.D., 2006. ATTEST: NGLF ',T Y SE TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 M REID MAYOR VOTING RECORD FIRST AND ONLY READING AUGUST 28. 2006 Voting "Aye" - Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" — None. Motion passes 5 to 0. PUBLICATION DATE: August 30, 2006 EFFECTIVE DATE: September 8, 2006 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 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 b No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this _ day of aura7Cnn Emmons, Publisher Notary Public, State of Texas Published Aug. 30, 2006 ORDINANCE NO. 1291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING TH E PLACEMENT OF STOP SIGNS WITHIN THE COR- PORATE LIMITS OF THE CITY OF PEARLAND (SOUTHDOWN @ SUSSEX TRAIL); PROVIDING A PENALTY FOR VIOLA- TION; CONTAINING A SAVINGS CLAUSE, A SEV- ERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE, FOR PUBLI- CATION; AND DECLAR- ING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUB- LIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Section 6. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). PASSED and APPROVED on First and Only Reading this the 28th day of August, A.D., 2006. Is/ Tom Reid Mayor ATTEST: Is/ Young Lorfing, TRMC City Secretary APPROVED AS TO FORM: /s/ Darrin M. Coker City Attorney VOTING RECORD FIRST. AND ONLY READING AUGUST 28.2006 Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" — None. Motion passed 5 to 0. PUBLICATION DATE: August 30, 2006 EFFECTIVE DATE: September 8, 2006 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS