Ord. 1069 07-22-02ORDINANCE NO. 1069
AN ORDINANCE 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 OF A FINE NOT TO EXCEED
$200 FOR THE VIOLATION OF THIS ORDINANCE; 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
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:
ORDINANCE NO. 1069
(a) Along McLean Road a school speed zone shall be established from 300 feet
south of Bailey Road to 2165 feet north Bailey Road, a distance of approximately 0.410
miles — 20 MPH (from 7:30 am to 8:30 am and 2:30 pm to 3:30 pm on school days).
(b) Along Bailey Road a school speed zone shall be established from 300 feet west
of McLean Road to Veterans Road a distance of 0.49 miles — 20 MPH (from 7:30 am to
8:30 am and 2:30 pm to 3:30 pm on school days).
(c) Along Veterans Road a school speed zone shall be established from 300 feet
south of Bailey Road to 2065 feet north of Bailey Road a distance of approximately 0.391
miles — 20 MPH (from 7:30 am to 8:30 am and 2:30 pm to 3:30 pm on school days).
(d) Along Wellborn Drive a school speed zone shall be established from 300 feet
south of Bailey Road a distance of 0.057 miles — 20 MPH (from 7:30 am to 8:30 am and
2:30 pm to 3:30 pm on school days).
(e) Along Village Creek Drive a school speed zone shall be established from 90 feet
west of McLean Road a distance of 0.017 miles — 20 MPH (from 7:30 am to 8:30 am and
2:30 pm to 3:30 pm on school days).
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 an
amount not to exceed 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.
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ORDINANCE NO. 1069
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.
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.
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ORDINANCE NO. 1069
PASSED and APPROVED ON FIRST AND ONLY READING this the 22nd day of
July , A. D., 2002.
ATTEST:
APPROVED AS TO FORM
bL ARRIN M. COKER
CITY ATTORNEY
�OY!%
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
JULY 22, 2002
Voting "Aye" - Councilmembers Viktorin, Owens,
Marcott, and Seeger.
Voting "No" - None.
Motion passes 4 to 0, with Councilmember Tetens absent.
PUBLICATION DATE: July 24, 2002
EFFECTIVE DATE: August 4, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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