Ord. 0926 09-13-99ORDINANCE NO. 926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RECOGNIZING SMITH MILLER ROAD AS BEING LOCATED
WITHIN THE CITY FROM THE INTERSECTION OF THE EASTERN RIGHT-
OF-WAY LINE OF STATE HIGHWAY 288 AND FM 518 WEST TO THE
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COUNTY
ROAD 48 (OR AIRLINE ROAD, NORTH); RENAMING SAID SECTION OF
SMITH MILLER ROAD AS BROADWAY STREET; AND ESTABLISHING A
SPEED LIMIT ON SAID SECTION OF BROADWAY STREET AT 30 MILES
PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE
NEED FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT
OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, it is the City's policy and practice to assign or extend names of City
streets to county roads that are included within the City limits; and
WHEREAS, the Transportation Code provides, in part, that local authorities may,
with reference to highways under their jurisdiction, enforce traffic control devices
including speed limit signs; and
WHEREAS, setting the speed limit at 30 miles per hour on sections of
Broadway Street is necessary in order to meet new traffic needs; and
WHEREAS, this change will bring sections of Broadway Street into compliance
with the City's goal of bringing non -highway thoroughfare and collector streets into
general urban character consistent with urban needs as they develop; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Smith Miller Road from the intersection of the eastern
right-of-way of State Highway 288 and FM 518 west to the east right-of-way line of
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ORDINANCE NO. 926
County Road 48 (Airline Road, North) is hereby recognized as being included within the
City limits of Pearland.
Section 2. That the section of Smith Miller Road from the intersection of the
eastern right-of-way of State Highway 288 west to the east right-of-way line of
County Road 48 (or Airline Road, North) is hereby renamed as Broadway Street.
Section 3. Pursuant to the grant of authority contained in the preamble
hereof, speed limit signs on Broadway Street are hereby set at 30 miles per hour in the
following section of Broadway Street:
from the intersection of the eastern right-of-way of State Highway 288
west to the east right-of-way line of County Road 48 (Airline Road,
North).
Section 4. All distances noted herein are approximations, to be used only for
identification purposes and any discrepancies or variations in those distances are not
to be construed against the City.
Section 5. 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 6. 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 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
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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 8. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 9. 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 10. 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 11. Emergency. The Council finds and determines that speed limit
signs in this area of Broadway Street 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.
ORDINANCE NO. 926
PASSED and APPROVED on First and Only Reading this the 13TH day of
September , A.D., 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
SEPTEMBER 13, 1999)
Voting "Aye" - Councilmembers Beckman, Tetens,
Berger, and Seeger.
Voting "No" - None.
Motion passes 4 to 0, Councilmember Wilkins absent.
PUBLICATION DATE: SEPTEMBER 15, 1999
EFFECTIVE DATE: SEPTEMBER 25, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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STATE HIGHWAY NO. 288