Ord. 1067 07-08-02ORDINANCE NO. 1067
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 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 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. 1067
(a) Along FM 1128 a school zone from 211 feet north of Fite to a point 1373 feet
south of Fite, a distance of approximately 0.300 mile, the speed limit shall be "35 MPH"
WHEN FLASHING.
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
some 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. 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.
ORDINANCE NO. 1067
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.
PASSED and APPROVED ON FIRST AND ONLY READING this the 8th day of
July , A. D., 2002.
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
JULY 8, 2002
Voting "Aye" -
Councilmembers Tetens, Viktorin,
Marcott, and Seeger.
Voting "No" - None.
Motion passes 4 to 0, with Councilmember Owens absent.
PUBLICATION DATE: July 10, 2002
EFFECTIVE DATE: July 20, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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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. 1 Date % —76 20 .0 ..
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
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aura Ann Emmons, Publisher
Notary Public, State of Texas
Ordinance No. 1067
Published July 10, 2002
ORDINANCE NO. 1067
ORDINANCE ALTERING
HE PRIMA FACIE SPEED
LIMITS ESTABLISHED
FOR VEHICLES UNDER
THE PROVISIONS OF §
`TEXAS TRANS-
PORTATION CODE, UPON
THE BASIS OF AN ENGI.
NEERING AND TRAFFIC
INVESTIGATION, UPON
CERTAIN STREETS AND
HIGHWAYS, OF PARTS
THEREOF, WITHIN THE
CORPORATE ;LIMITS OF
THE 1:ITY 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 AI EMER-
GENCY.
Section a. ,'Penalty. Any
person violating any of the
pro iieidns of this t rdinance.
shall be deemed " guilty of a
misdemeanor and upon
conviction thereof shalt be
fined in any sum not more
than Two Hundred Dollars
($200).
PASSED and APPROVED
ON FIRST AND ONLY
READING this the 8th day
of July A. D., 2002.
/sl Tom Reid
Mayor
ATTEST
/s/ Young Lorflng
City Secretary
APPROVED AS TO FORM:
/s/ Darr* M. Coker.:;
City Attorney
VOTING .RECORD FIRST
AND ONLY READING: July
8, 2002
Votinng "Aye" Councilmem-
bers Tetens, Viktorin,
Morcott and Seeger.
Voting "No" - None.
Motion passes 4 to 0, with
Councilmember Owens
absent.
PUBUCATION DATE:
JULY 10, 2002
EFFECTIVE DATE:
JULY 20, 2002
Published as required by
Section 3.10 of the Charter
of the City of Pearland,
Texas