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Ord. 1323B 2007-07-23 ORDINANCE NO. 1323 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. ORDINANCE NO. 1323 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. 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 7. 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 2 ORDINANCE NO. 1323 on two (2) separate occasions be, and the same is hereby waived. PASSED and APPROVED this the 23rd day of July, A.D., 2007. ~ :)QnzI f2~ TOM REID MAYOR ATTEST: Me VOTING RECORD FIRST AND ONLY READING JULY 23, 2007 Voting "Aye" - Councilmembers Beckman, Owens, Kyle, and Cole. APPROVED AS TO FORM: K\~ It. a-t- DARRIN M. COKER CITY ATTORNEY Voting "No" - None. Motion passed 4 to 0, with Council member Saboe absent. PUBLICATION DATE: July 25, 2007 EFFECTIVE DATE: August 3,2007 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 3 IO-SlllnlUlt SIInl1UUIluflllllZtlll - --- 'HiIi'1. ''''n W UlnllUHOlIJlIllllU 11l.COIZOHJ '" '" '" ~ ~Iim ~ . 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BOX 1386. HOUSTON, TEXAS n251-1386. (713) 802-5000 July 3, 2007 CONTACT: TRF ENG Speed Zoning . Brazoria County FM 2234 Control 2015-01 Mr. Danny Cameron Director of Public Works 3501 E. Orange Pearland, Texas 77581 Dear Mr. Cameron: Reference is made to your letter dated April 30, 2007, to Mr. Larry J. Heckathorn, P.E. requesting for speed study on FM 2234 within the City of Pearl and. Our office has completed the speed zone study and created three speed zones of 55 IvIPH, 50 IvIPH, 45 IvIPH and a school zone of 30 MPH when flashing respectively, along FM 2234 within the City of Pearl and. Attached are speed zone strip maps numbered 5434C through 5434D and a prepared speed zone ordinance suggested by the Texas League of Municipalities containing the recommended zone. If you concur with the recommended zone, please furnish this office with a copy of your executed ordinance, so that new signs can be installed. If you should have any questions, please contact me at (713) 802-5171 or Mr. Michael C. K. Awa, P.E., at (713) 802-5858. Sincerely, ~~;p~,f.t. Director of Transportation Operations Houston District MCA: ma Attachments cc: Honorable Tom Reid, Mayor, City of Pearl and Mr. Larry J Heckathorn, P.E. Mr. Michael C. K. Awa, P.E. An Equal Opporluni/y Employer . RECr.-~\J .-', CITY,'.. __ CITY S ,-- '. i-, FF!( E ZOOl NOV 12 PM 3: 09 . AFFIDAVIT OF PUBtlCATIQN The Pearl and Reporter N~ws 2404 South Park Pea~land, Texas 77581 ';.... State of Texasl . Brazoria and Harris Counties 1~ Uoyd Morrow, hereby certify that the notice hereby appended was. published ..in THE REPORTER NEWs, a ~eWl!PBPer of general C1rcu1lioon in Brazoria; Harris and .Galve~on Counties, for A. .issues, as follows: . No. r Date 7--2s 20' 07 .ff - I ,It No. .:2- Date 20 tJ7 .. No. Date 20 No. Date. .. ~ No. Date .."'if: . Subscribe ~nd sworn "to before me this 20' 01 2 olaf Laura: Ann .Emmons~ " Notary Public, State of Texas Ord, f ~:t--:S 1\11 t;::; J: ISI YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: ISI DARRIN M. COKER CITY ATTORNEY NlIiIhed JAif 25 ,Ind Aug. VOTING RECORD FIRST 1,2007 AND ONLY READING ll.Y 23. 2007 OIItDINANCE NO. 1323 AN ORDINANCE Of THE CRY COUNCIL OF THE CRY OF PEARLAND, TEXAS, ALTERING THE ....MA FACIE SPEED UM. ITI ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS Of ' 545.356. lIXAS TRANSPORTA. 110N CODE, UPON THE lAS,S Of AN ENGINEER. ING AND TRAFFIC INVES. MAnON, UPON CER. TAIN STREETS AND HIGH. *YS, Of PARTS THERE. 011. WITHIN THE CORPO- RATE UMITS OF THE CITY 011 PEARLAND. AS SET GUT IN THIS ORDINANCE: PROVIDING A PENALTY; All) DECLARING Alii EMERGENCY. SectIon 2. Penalty. Any person vIotaIing IIf'J of . the provisions of this ordi- nanee shall be deemed gulIty of a misdemeanor and, upon conviction lhereof shall be fined in any sum not more than Two Hundred DoIars ($200). PASSED and APPROVED on Firsl and Only RNdIng this the 23rd day of .JWy, A.. D., 2007. ISITOM REID MAYOR Voting 'Aye'. Counellmembers Beekarnan, Owens, Kyle, and Cole. Voting 'No'. None. Mollon passed 4 10, 0, with Councilmember, Saboe ,a b s e n I . PUBLICATIN DATE: July 25,2007 EFFECTIVE DATE: Aupt 3,2007 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF' PEARLAND, TEXAS