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Ord. 0910 06-28-99ORDINANCE NO. 910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON OLD OAKS BOULEVARD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HARKEY ROAD, UPON EAST SUMAC DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH OLD OAKS BOULEVARD, UPON WEST OAKS BOULEVARD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH OLD OAKS BOULEVARD (WEST OAKS SUBDIVISION, SECTION3, PHASE B); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Section 544.003 of the Transportation Code provides, in part, that local authorities may, with reference to highways under their jurisdiction, designate any intersection as a stop intersection; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, the following intersections are designated as stop intersections: West Oaks Subdivision, Section 3, Phase B: Upon Old Oaks Boulevard in an easterly direction at its intersection with Harkey Road; Upon East Sumac Drive in a southerly direction at its intersection with Old Oaks Boulevard; Upon West Oaks Boulevard in a southerly direction at its intersection with Old Oaks Boulevard. 1 ORDINANCE NO. 910 Section 2. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). Section 3. Declaration of Emergency. The Council finds and determines that the need to establish stop signs 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. Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. 2 ORDINANCE NO. 910 Section 7. 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 8. 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. PASSED and APPROVED on First and Only Reading this the 28th day of June, A.D., 1999. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING JUNE 28, 1999) Voting "Aye" - Councilmembers Berger, Beckman, and Seeger. Voting "No" - None. Motion passes 3 to 0, with Councilmembers Tetens and Wilkins absent. PUBLICATION DATE: JUNE 30, 1999 EFFECTIVE DATE: JULY 10, 1999 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS City of Poulenc& TOW STOP T WEST OAKS SECTION a PHASE B lode 14011Zn200. VERT H' w Rh 99-6OO4 MEET OF 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 and Harris Counties, for / issues, as follows: - No 1 Date 1.- 26 19 Y1' No . Date 19 No Date 19 No Date 19 No. Date 19 Subscribe and sworn to before me this 194q 20 rri President day of J (Lk. Notary Public, State of Texas i ORDINANCE OF THE TY COUNCIL OF THE :TY OF PEARLAND, XAS, ESTABLISHING OP SIGNS WITHIN THE RPORATE LIMITS OF E CITY OF PEARLAND ON OLD OAKS SOULE= ARD IN AN EASTERLY IRECTION AT ITS INTER-. ECTION WITH HARKEY ROAD, UPON EAST SUMAC DRIVE IN A SOUTHERLY I IRECTION AT ITS INTER- JSECTION WITH OLD OAKS `#BOULEVARD, UPON WEST QAKS BOULEVARD IN A ;SOUTHERLY DIRECTION ( AT ITS INTERSECTION ,:=WITH OLD OAKS 'BOULE- a ARD (WEST OAKS SUBDI- 'Vy ISION, SECTION 3, PHASE ; PROVIDING A PENALTY OR VIOLATION; CONTAIN- 'ING A SAVINGS CLAUSE; `` PROVIDING AN EFFECTIVE. DATE, FOR"PUBLICATION, AND FOR CODIFICATION; :AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSEC- rTIONS INURES TO THE' BENEFIT OF THE TRAVEL- NG PUBLIC AND, THERE-, FORE, BEARS DIRECTLY, • PON THE HEALTH, SAFE )TY AND WELFARE OF THE; CITIZENRY. Section 2. Penalty. Any per-; Ion who shall violate the pro- lsions of this section shall be 'eemed guilty of a misde- rceanor and shall, upon con- iction by a, court of compe- telnt jurisdiction, be punished ..by a fine in any sum not q'xceeding Two hundred 'Dollars ($200.00) -F SSED AND APPROVED cm First and Only Reading this he 281h day of June A.D., 1999. /S/ TOM REID MAYOR ATTEST: /S/YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: • /S/ DARRIN M. COKER CITY ATTORNEY VOTING RECORD (FIRST AND ONLY READING JUNE 28, 1999) • Voting "Aye"- Councilmembers Berger, beckman, and Seeger. Voting "No"- None. Motion passes 3 to 0,with Councilmember Tetens and•. Wilkins absent. PUBLICATION DATE: JUNE, 30, 1999 - EFFECTIVE DATE: July 10 °