Ord. 1354 2008-08-25ORDINANCE NO. 1354
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. 1354
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 forthe 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. 1354
on two (2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED this the 25th day of August, A.D., 2008.
-~/i'Yd i~~~
TOM REID
MAYOR
ATTEST
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APPROVED AS TO FORM:
VOTING RECORD FIRST AND ONLY READING
AUGUST 25. 2008
Voting "Aye" - Councilmembers Owens, Saboe, Beckman
Kyle, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
~~-- ~ ~-~
DARRIN M. COKER
CITY ATTORNEY
PUBLICATION DATE
EFFECTIVE DATE:
August 27, 2008
September 6, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
Exhibit "A"
Ordinance No. 1354
Texas Department of Transportation
P.O. BOX 1386 • HOUSTON, TEXAS 77251-1366 • (713) 802-5000
August 6, 2008
tio~•~Speed Zoning
bra Fred County
FM 1128
Control: 1684-01
The Honorable Tom Reid
Mayor, City of Peazland
3519 Liberty Drive
Peazland, Texas 77581-5416
Dear Mayor Reid:
CONTACT: TRF ENG
Our office has completed a Speed Zone Study, extending the existing School Zone to
cover the new Berry Miller High School along FM 1128, within the City of Pearland.
Attached are Speed Zone Strip Map ntunber 5376 A and a prepared Speed Zone.
Ordinance suggested by the Texas League. of Municipalities containing the recommended
zone along FM 1128. If you concur with the recommended zone, please furnish. this
office with a copy of your executed ordinance.
If you should have any questions, please contact Mr. Michael C. K. Awa, P.E. at
(713) 802-5858 or Mr. Rog'elio R. Rubico at (713) 802-5182.
Sincerely,
to or er, P.
Director of Transportation Operations
Houston District
RRR
'!_ _ ___ __ _. _ _ -Attachments
---------------- -------
cc: Mr. Sylvester E. Onwas, P.E.
Mr. Michael C. K. Awa, P.E.
Mr. Rogelio R. Rubico
'. Mr. Boris Klebanskiy
An Equal Opportunity Employer
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