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Ord. 1309 2006-10-23ORDINANCE NO. 1309 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. 1309 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. 1309 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: UNG G, TY S ' RETARY APPROVED AS TO FORM: alt._ 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: October 25, 2006 EFFECTIVE DATE: November 3, 2006 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Proposed Speed Limit Study For Pearland Parkway EXHIBIT ;A G! 3 P. o. N A KNAPPIR SRFWY MCHARD RD INWOO GABLEPAR S 8 FWY _ .fF? At, 41L IIII613A PROPOSED SPEED LIMIT 50 MPH EXISTING SPEED LIMIT 40 MPH ALONG PARKWAY PROPOSED SPEED LIMIT 45 MPH PROPOSED SPEED LIMIT 45 MPH ") PROPOSED SPEED LIMIT 40 MPH AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas grazoria and Harris Counties 1, .Lloyd 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 • 20 PNN <e o��8 o�© • • c,sta' o� . _.•'• �.V Qua\� 1te�0°�a .• M�o ��ss�o��`�`p� , • Laura Ann Emmons, Publisher Notary Public, State of Texas Gc t'2 O Published Oct 25, 2006 ORDINANCE NO..1301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED' LIM- ITS ESTABLISHED FOR, VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANS- PORTATION CQDE, UPON THE BASIS OF'AN ENGI- NEERING 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 DECLAR- ING AN EMERGENCY. Section 2. Penalty. Any person violat- ing any of the provisions of this ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dols ($200). PASSED and APPROVED this the 23rd day of October, A.D., 2006. Is/ TOM REID MAYOR ATTEST: Isl YOUNG LOWING, TRMC SECRETARY APPROVED AS TO FORM: Isl DARRIN`M. COKER CITY ATTORNEY VOTING RECORD FIRST AND ONLY READING OCTOBER 23, 2006 Voting .'Ayes - - Councilmembers . Saboe, Beckman, Tetens, Kyle, and Cole. Voting No - None. Motion passed . 5 'to 0. PUBLICATION DATE: October 25, 2006 EFFECTIVE DATE: November 3, 2006 PUBLISHED AS REt'1UIRf D BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS