Ord. 1308 2006-10-23ORDINANCE NO. 1308
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 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 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. 1308
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. 1308
on two (2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED this the 23rd day of October, A.D., 2006.
ATTEST:
NG LO
SEC '* TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
OCTOBER 23, 2006
Voting "Aye" - Councilmembers Saboe, Beckman, Tetens
Kyle, and Cole.
Voting "No" — None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
October 25, 2006
November 3, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Proposed Speed Limit Changes Along Manvel
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581.
-State of Texas
81razoria and Harris Counties
I, Lldyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria,. Harris
and Galveston Counties, for / issues, as follows:
No /
Date ,10-
20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS >;
Notary. Public, State of Texas
My Commission Expires 09---01
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
C)r�.IK
Published Oct. 25, 2006
iORDINANCE-NO.1308 - 11
AN ORDINANCE OF THE , 1
1 CITY COUNCIL OF THE 1
CITY ,OF PEARLAND,
TEXAS-, ALTERING THE
PRIMA FACIE SPEED LIM=
ITS ESTABLISHED FOR
. VEHICLES UNDER THE
PROVISIONS OF § 1
545.356, 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 i
. THE CITY OF PEARLAND,1
AS .SET. OUT . IN , THIS.
ORDINANCE;. PROVIDING
A PENALTY; AND DECLAR-1
ING AN EMERGENCY.
i
Section 2.
, Penalty. Any person violat-I
j ing any of the provisions of
this ordinance shall bel
deemed guilty of a misde-
meanor and upon conviction 1
thereof shall be fined in any
sum not more than Two
Hundred Dollars ($200).
t
PASSED and APPROVED
this the 23rd day of October,
I A.D., 2006.
1 Isl Tom Reid
Mayor
I
IATTEST:
i Isl YOUNG LORFING,
I TRMC' CITY SECRETARY
t
APPROVED AS TO FORM:
I is/ DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD • FIRST
. AND ONLY READING
• OCTOBER 23, 2006
Voting "Aye" -
Councilmembers Saboe,
Beckman, Tetens, Kyle, and
C -, o I e .
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
October 25, 2006
EFFECTIVE DATE:
, November 3, 2006
PUBLISHED AS
.REQUIRED BY SECTION
13.10 OF THE CHARTER OF
THE-CITY-QF-PEARLAND, .'
jTEXAS