Ord. 1093 01-13-03ORDINANCE NO. 1093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING
PRIMA FACIE SPEED LIMITS PURSUANT TO SECTION 545.356,
TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION, UPON PEARLAND
PARKWAY AND OILER DRIVE, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN
THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED
LIMIT IN THIS AREA INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Section 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 Tess 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 speed limit 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,
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ORDINANCE NO. 1093
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Based upon an engineering and traffic investigation heretofore made
as authorized by the provisions of Section 545.356, Texas Transportation Code, 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, described as follows:
A. Along Pearland Parkway a speed zone shall be established from 500 feet
south of Wheatfield to Oiler Drive, a distance of approximately 0.426
miles — 20 MPH (From 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m.
on school days).
B. Along Oiler Drive a school speed zone shall be established from State
Highway 35 to Pearland Parkway a distance of 0.417 — 20 MPH (From
7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m.).
Section 2. All distances noted herein are approximations, to be used only for
identification purposes and any discrepancies or variations in those distances are not to be
construed against the City.
Section 3. 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).
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ORDINANCE NO. 1093
Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 7. 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.
Section 8. 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 9. Emergency. The Council finds and determines that the need to
regulate the speed limit in this area inures to the benefit of the traveling public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and that this
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ORDINANCE NO. 1093
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 ON FIRST AND ONLY READING this the 13th day of
January , A. D., 2003.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
JANUARY 13, 2003
Voting "Aye" - Councilmembers Tetens, Viktorin, Owens,
Marcott, and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
January 15, 2003
January 25, 2003
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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