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Ord. 1092 01-13-03ORDINANCE NO. 1092 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, 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, 1 ORDINANCE NO. 1092 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: Along Pearland Parkway, a school speed zone shall be established from approximately 477 feet west of FM 518 to 1390 feet west of FM 518, a distance of approximately 0.179 miles — 20 MPH (From 7:30 a.m. to 8:00 a.m. and 3:30 p.m. to 4:00 p.m. on school days). 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). 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. 2 ORDINANCE NO. 1092 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 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. 3 ORDINANCE NO. 1092 PASSED and APPROVED ON FIRST AND ONLY READING this the 13t" day of Januar , A. D., 2003. ATTEST: d,/,/ AvdJ�� •U Jirj''FH'G ITY : ECRETR APPROVED AS TO FORM DARRIN M. CO R CITY ATTORNEY 4 S ✓V/( 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: January 15, 2003 EFFECTIVE DATE: January 25, 2003 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 0 90 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 . South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper.of.general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date / — C 5 20 .0 3 No Date '20 No. Date No. Date 20 No Date 20 '20 Subscribe and sworn to before me this /6 ik day of e640 20 a 3 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Ordinance 1092 Published 01/15/03 Published Jan. 15, 2003 I ORDI NANCE-NO.-109Z- I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED UM- , ITS PURSUANT TO SEC- TION 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAF- i FIC INVESTIGATION, UPON PEARLAND PARKWAY, OR PARTS ' THEREOF,{ WITHIN THE CORPORATE LIMITS OF THE CITY OF ; ' PEARLAND, 'A S • SET OUT • IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLA- ' TION; CONTAINING A SAV- ' INGS CLAUSE, A SEVER- ABILITY CLAUSE AND A REPEALER CLAUSE; PRO- ' VIDING FOR PUBLICA- ; TION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMER- GENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN THIS AREA ' (INURES TO THE BENEFIT OF THE TRAVELING PUB- ; LIC. AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY (AND WELFARE OF THE CITIZENRY: BE IT ORDAINED BY THE ' CITY COUNCIL OF • THE CITY OF • PEARLAND, TEXAS:. '. Section 1. Based upon an engineering and traffic inves- tigation heretofore made as authorized by the provisions of Section' 545.356, Texas ! Transportation Code, the fol- ; lowing prima facie speed lim- ' its hereafter indicated for; vehicles are hereby deter mined and declared to be reasonable; and safe; ,and such speed limits are hereby, fixed at the rate of speed indi' cated for vehicles traveling. upon the named streets and • highways," or parts thereof; , described as follows: ;•Along Pearland Parkway, a' I school speed zone shall be I established from approxi- ' mately_ 477 feet west of FM t 1 518 to 1390 feet west of FM ; 518, a distance of ;approxi- mately 0.179 miles —.20 MPH (From 7:30 am. to 8:00 a.m. and 3:30 p.m. to 4:00 p.m. on I ,school days). • i ' Section 3. Penalty. Any person who shall .violate the i • provisions of this section shall be deemed guilty of;a misde- • meanor and shall, upon con- viction by a court of compe- , tent jurisdiction, be punished by a fine in any ;sum not exceeding Two Hundred Dollars ($200.00). i I PASSED and APPROVED( +ON ' FIRST AND ONLY] READING this the 13th day, of January , A. D., 2003.E /Sl TOM REID ,MAYOR I ATTEST /S/ YOUNG LORFING SECRETARY 1 ? APPROVED AS TO FORM /S/ DARRIN M. COKER CITY ATTORNEY ..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: January 15, 2003 EFFECTIVE DATE: January 25, 2003 PUBLISHED AS REQUIRED( BY SECTION 3.10, OF THE CHARTER OF THE CITY I OF PEARLAND; TEXAS -- -'