Ord. 1379 2009-02-09ORDINANCE NO. 1379
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 (SCARSDALE BLVD.), 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. 1379
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
2
ORDINANCE NO. 1379
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.
PASSED and APPROVED this the 9t" day of February, A.D., 2009.
ATTEST:
YO
Cll
~~
DARRIN M. COKER
CITY ATTORNEY
~ ~ __../~
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
FEBRUARY 9. 2009
Voting "Aye" - Councilmembers Owens, Saboe, Beckman,
Kyle, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: February 11, 2009
EFFECTIVE DATE: February 20, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
APPROVED AS TO FORM:
Exhibit "A"
Ordinance No. 1379
ORDINANCE NO. 1301
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ADOPTING A TRAFFIC POLICY AND
AMENDING SECTION 29-206 OF CHAPTER 29, ARTICLE XI,
TRAFFIC CONTROL DEVICES, OF THE CITY OF PEARLAND ',
CODE OF ORDINANCES, HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION. '~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City of Pearland Traffic Policy, attached hereto as
Exhibit "A", is hereby adopted.
Section 2. That Chapter 29, Article XI, Traffic Confrol Devices, of the City
of Pearland Code of Ordinances, is hereby amended to read as follows:
"Section 29-205... General powers.
The City Manager or his designee, utilizing the City's Traffic Policy, shall
place and maintain traffic=control signs, signals and devices when and as
required under this chapter to make effective the provisions of this chapter, and
may place and maintain such additional traffic-control devices as deemed
necessary to regulate traffic under this chapter or state law or to guide or warn
traffic. It shall be the duty of the City Manager or his designee to ensure that any
decision pursuant to this Section is made in accordahce with the Texas Manual .
on Uniform Traffic Control Devices.
C-R171N/ONCE NO.1341
Section 3. Savings. Alt rights and remedies which have accrued in favor
of the City under this Chapter and amendmehts thereto shall be and are
preserved for the benefit of the City.
Section 4. Severabiiity. 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. Codification. !t is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this ordinance shall be codified in the
Gity's official Code of Ordinances as provided hereinabove.
PASSED and APPROVED ON FIRST READING this the 25th day of
September, A.D., 2006.
TO REID
MAYOR
ATTEST:
(~
Y/ NG L , T C
Y SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
ORDINANCE NO. 1301
PASSED and .APPROVED ON SECOND AND FINAL READING this the 9~h day
of October, A. D., 2006.
TOM REID
MAYOR
ATTEST:
C, ,.
UNG i G, MC
TY S RETARY
APPROVED AS TO FORM:
~~-~. ~--
DARRIN M. COKER
CITY ATTORNEY
3
Exhibit "A"
Ordinance No. 1301
City of Pearland
Traffic Policy
The City of Pearland has adopted these policies and procedures to provide a uniform
methodology to address and mitigate unacceptable traffic conditions on the city's public
streets. Communicatiori, cooperation and involvement in fostering consensus in the
identification of traffic-related issues and their resolution are an integral component of
these policies and procedures. All actions taken under this policy should be in accordance
with the Texas Manual on Uniform Traffic Control Devices. This policy applies only to
streets controlled by the City of Pearland. Issues involving streets controlled by the State
of Texas will be coordinated through the City Engineer's office.
I. TRAFFIC REVIEW COMMITTEE
The City Manager shall appoint a City Traffic Review Committee comprised of the
Traffic Director, Chief of Police, City Engineer, and Director of Public Works or their
designee. The Traffic Review Committee shall serve as a decision making body for issues
falling under the Traffic Procedure (Appendix I). These include:
• Requests for no parking along certain residential streets
• Requests to limit cut through traffic
• Requests for crosswallcs .
• Requests for children at play signage .
• Requests for other advisory or advanced warning signage
• Requests to limit speeding
• Requests to lower posted speed limits
• Requests for stop signs
• Requests for traffic signals
e Requests for traffic calming devices
The Committee shall serve as an advisory body to the City Council for issues that do not
fall under the Traffic Procedure. These include, but are not limited to, requests for right-
turn or left-turn lanes, u-turns, Hazardous Materials Routes, and Evacuation Routes.
The.functions of the Traffic Review Committee shall include the following:
• Review all traffic engineering studies, analysis and reports relative to requests for
traffic control devices or actions.
• Determine, based on the Traffic Procedure, if requests for traffic control devices
or actions meet the minimum warrant,. criteria or standards of the City for
implementation of the requested device(s) or .action(s).
• Make recommendation to the Traffic Director for consideration of those requests
for traffic control devices or actions that fall under the Traffic Procedure; the
Traffic Director will determine whether each request can. be handled at the staff
level, or should be sent to ~ City Council for review.
• Notify the party initiating the request that:
• the request has been approved by the Traffic Review Committee and
will be recommended to the Traffic Director; or,
• the request has not met the city's warrants, criteria or standards for
the requested traffic control device or action and has been denied by
. the Traffic Review Committee. The staff report justifying the Traffic
Review Committee's denial will be attached to the notice to the
initiating party. Staff will also communicate that the initiating party
may appeal any request denied by the Traffic Review Committee to
City Council within fifteen (15) days of the Traffic Review Committee
action.
• In cases that do not fall under the Traffic Procedure, complete the necessary
studies, analysis, and reports to provide the Traffic Director and City Council with
sufficient information to make an informed decision.
• Implement or adjust times for school zones as requested by an Independent
School District. .
The procedure for intake, routing, and tracking traffic issues and concerns is represented
by the flowchart in Appendix II.
II. INITIATING A TRAFFIC ENGINEERING STUDY
The City Engineer may conduct a Traffic Engineering Study ("traffic study") on a street
or intersection when:
• City staff has been contacted and advised of a traffic problem or dangerous
condition. To maintain a chain of communication, the initiating parry may be
asked to submit the request in brief, written form. A petition to initiate a
conventional traffic study will not normally be required.
• City Council has directed staff to address a traffic issue.
• Another agency requests the City's participation in a cooperative traffic study.
• City staff initiates a traffic study.
All Traffic Engineering Studies should be coordinated by the City engineer.
If an issue surrounding the consideration of implementation of a traffic control device or
similar action has been addressed by a prior traffic study, the initiating party will be
advised of the results of the previous study and that no further action will be taken by
City staff on the issue unless or until there has been a recognizable change in area
conditions or traffic characteristics.
If a traffic control issue is remedial (missing sign, faded pavement legends, traffic signal
malfunction, burned out street light etc.), or regarding parking restrictions, or the need for
more signs or striping for traffic calming or information; then the Director of Public
Works may take the appropriate corrective action, advise the initiating party of lus action
and place a memorandum in the Traffic Database describing the corrective action.
The City Engineer may decline to conduct a traffic study if:
• Any requested action is in conflict with laws of the State of Texas or other similar
City policy.
• Any requested action has been the subj ect of a prior traffic study.
• .Any requested action is not directly related to traffic and transportation
engineering practices.
• Any requested action, as determined by the Traffic Review Committee, does not
represent the best interest of the City.
ITI. TRAFFIC ENGINEERING STUDY .
The traffic study is a five part procedure and may, depending upon the nature of the issue,
evaluate:
• Street Characteristics
The traffic study will review the existing street or intersection characteristics to include:
a) Street width, improvements, alignment and lighting.
b) Existing traffic control.
c) Sight distance restraints, if applicable.
d) Development and access characteristics.
• Traffic Characteristics
The traffic study will measure traffic characteristics applicable to the initiating request,
which may include any or all of the following:
a) Directiona124-hour weekday traffic counts (mechanical).
b) Directional weekday peak hour vehicle and pedestrian counts (manual).
c) Directional "through" traffic surveys.
d) Directional weekday peak hour radar speed zone surveys or 24-hour Speed Profiles.
The radar survey will generally measure the speeds of 100 samples. The Speed Profile
will .measure the speed of all vehicles on the study street fora 24-hour or longer period.
e) Diagram and review the characteristics of all police-investigated accidents occurring at
the study location fora 1-3 year period.
f) Traffic composition surveys (i.e.: commercial vehicle by number of .axles vs.
conventional passenger vehicles).
• Data Evaluation
The traffic study data is compiled into a statistical format and applied to. recognize
engineering warrants, criteria and standards.
Warrants, criteria and standards are not considered "absolutes" in the determination of
traffic control need but are intended to provide guidelines, in conjunction with
engineering judgment for the Traffic Director, Traffic Review Committee and the City
Council to compare the conditions at a study location with those conditions that have
necessitated traffic control installations at other similar locations to .successfully resolve
traffic issues.
• Traffic Report
Upon completion of the traffic study, City engineering staff for presentation will prepare
a report to the Traffic Review Committee, The initiating parry will be provided a copy of
the staff report. If the Traffic Review Committee's recommendation is to approve the
implementation of a traffic control device, that recommendation will be presented to the
Traffic Director for consideration. The Traffic Director may take the following actions
upon consideration of the Traffic Review Committee's recommendation:
1. Approve, riiodify or deny the staff recommendation,
2. Continue the item for further deliberations or citizen input; or,
3. Return the issue to staff for additional analysis or alternatives.
I'V. IMPLEMENTATION OF A TRAFFIC CONTROL DEVICE
Upon the Traffic Director's request to install a traffic control device, the City Engineer
will direct the appropriate department, agency or contractor for the traffic control device
installation. A copy of the executed Work Order will become a part of the project file.
The Traffic Director may deviate from the traffic engineering policy and procedures by
stating specific grounds by which to substantiate the reason(s) for the deviation.
APPENDIX I: TRAFFIC PROCEDURE
Staff will work with the requesting party to fully understand the nature of the traffic issue
and will apply one of the following subset procedures as needed. Each subset procedure
shall be performed and implemented if warranted in accordance with the Texas Manual
on Uniform Traffic Control devices, latest edition, the City's Designs Standards, City
Ordinances -and the Highway Capacity Manual, latest edition. In all cases, staff will
maintain communication with the requesting party throughout the process, and inform all
affected property owners of any pending changes. The City Engineer shall post details of
proposed changes, as well as any Traffic Engneering Studies ordered, on the City
website during the review period.
1WOTE: For No Parking Requests and Cut-Through Traffic Requests, "affected property
owners" shall include all homes~whose front, rear, or side yard adjoins the street or alley
segment in question, as well as houses that adjoin streets onto which traffic may be
diverted as a result of any proposed change. In each case, the City Engineer will review
the request and determine the affected area.
1`do Parking Requests:
• In order to implement a No Parking zone along a street, the originator of the
request will be responsible for obtaining a written consensus by petition of ali of
the affected property owners contamed within the defined area. Within the subject
area defined mutually by the Traffic Review Committee and the requesting parry,
100% of the affected property owners must sign the petition.
• To reverse a portion or all of a No-Parking zone along a street, 75% percent of the
affected property owners must sign a petition as implemented through these
policy guidelines.
• "No Parking" signs will be~posted by the entire street, block or logical termination
point as determined by the Traffic Review Committee and the requesting party.
Other advisory or advanced warning signs will be placed as dictated by sound
common engineering practice or the Texas Manual on Uniform Traffic Control
,devices; latest edition.
• All No-Parking zone applications shall be thorouglily reviewed by the Public
Works. Department after a period of two full years from the date of.
implementation. The No-Parking zone shall remain in effect unless a compelling
safety reason is discovered.
Cut Through Traffic Requests:
• In order to implement a plan which limits cut through traffic, the originator of the
request will be responsible for obtaining a written consensus by petition of all
property owners contained within the defined area. Within the subject area
defined mutually by the Traffic Review Committee and the requesting party, 75%
of the affected property owners must sign the petition.
• To reverse any portion or all of a plan which limits cut through traffic, 75% of the
affected property owners must sign. a petition as implemented through these
policy guidelines. ~ .
Requests for Crosswalks:
• The Public Works Department will communicate with the requesting party to
fully understand their request and thoroughly define the requested location(s) for
the crosswalk.
• The Traffic Review Committee will study the requested location and perform a
crosswalk analysis which includes volume of pedestrian traffic, proximity of the.
subject location to schools, parks, swimming pools, retail centers, hike and bike
facilities, vehicular traffic volume, etc.
• Crosswalks shall not be placed in the middle of a block.
• Crosswalks shall not be placed at uncontrolled intersections; meaning those
without existing stop signs or traffic signals.
Requests for Children at Play Signs:
• Staff will communicate with the requesting party to fully understand their request
and thoroughly define the requested location(s) for the sign(s). The requesting
party will be informed that Children at Play signs will not be installed at any
locations other than those directly adjacent to a public park or public swimming
pools.
• The Traffic Review Committee will study the requested location and perform an
advisory sign analysis which includes volume of pedestrian traffic, proximity of
the subject location to schools, parks, swimming pools, retail centers, hike and
bike facilities, vehicular traffic volume, etc.
• Children at play signs shall only be placed at locations adjacent to public parks or
public swimming pools.
Requests for Other Advisory or Advanced Warning Signs:
Staff will communicate with the requesting party to fully understand their request
and thoroughly define the requested location(s) for the sign(s). The requesting
party will be informed that it is City policy to install advisory or advanced
warning signs only in accordance with the Texas Manual on Uniform Traffic
Control devices, latest edition.
The Traffic Review Committee will study the requested location and perform air
advisory/advanced warning sign analysis which includes volume of pedestrian
traffic, proximity of the subject location to schools, parks, swimming pools, retail
centers, hike and bike facilities, vehicular traffic volume, etc.
Requests to Limit Speeding along Specific City-Controlled Streets:
• Staff will notify the Police Department and request speed enforcement for the
subject area. The requesting party's issue will be entered into the Traffic Database
to search for similar complaints in the subject area.
• If there are more than two similar complaints in less than one year .in the TrafFc
Database regarding the subject area, the City's speed trailer will be used in
addition to the Police Department speed enforcement,
• If the speed enforcement and speed trailer deployment do not achieve the desired
result, the property owner(s) may pursue additional measures using the
procedures prescribed in the Traffic Calming Policy (see attached).
Requests to Lower the Posted Speed Limit along Specific City-Controlled Streets:
• The requesting party's issue will be entered into the Traffic Database to search for
similar requests in the subject area.
• Under no circumstance shall any street within the incorporated City limits have a
speed Limit of less than 30 miles per hour per Texas State Law or City Ordinance.
• A speed study will be performed to determine the 85~' percentile of speed. This
information in conjunction with pedestrian traffic volume, roadway curvature, the
number of traffic accidents, sight distance restrictions, etc. will be considered.
• Should changes be wai~anted, the Public Works Department will share the
proposed changes with the affected property owners before they are implemented.
Requests for Stop Signs or Traffic Signals:
• The requesting party's issue will be entered into the Traffic Database to search for
similar requests in the subject azea.
• Afield visit to the subject location will be made to determine if the request is
valid and warrants additional study.
• Stop signs or traffic signals shall not be installed within the corporate City limits
of the City of Peazland. unless approved by an authorized warrant analysis.
• Stop signs or traffic signals shall not be installed for the purpose of controlling the
speed of a roadway as they have been shown to become a hazard at times when
installed without warrant.
• Implementation of. the plan will be in accordance with necessary budget
considerations.
• Should changes be warranted, the Public Works Department will share the
proposed changes with the affected property owners before they are implemented.
Requests for Traffic Calming Devices:
• Traffic calming is the application of specific devices or strategies to reduce the
incidence of excessive speed or excessive traffic volumes on residential streets.
• The City of Pearland,has an existing Traffic Calming Policy (see attached).
• Traffic Calming issues should be processed in accordance to the Traffic Calming
Policy.
Appendix II -Traffic Review Procedure
Traffic Issue Presented to
City Staff (any dept)
Can Issue be
Addressed With
Increased
Enforcement ?
No
Can Issue be
Addressed with
Non-Regulatory
Signage or
Strinin e?
' No
.~
Apply Yes Is Issue
Traffic Addressed in
Procedure .Traffic
Procedure?
Does Issue
Require
Engineering
Studv7
No
Committee Reviews Issue
and Forwards to Traffic
Director with
Recommendation
Does Issue
Meet Existing
('ritorio fnr
Yes
Address.Issue
With
Increased
Enforcement.
Address Issue
YeS With Non-
Regulatory
Device.
No
Forward
to
City Engineer
Yes
_~ City Engineer
Coordinates Traffic
Engineering Study,
i
't
I
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Cily of Pearlend > City Secretary > Orditances > All Ordtnances > Ord. 1301 2006-10-09
• To reverse ony partinn or all of u pion which limiLS cw through tmlrc, 7i•/n oCthe
affcclcd property oastcts must sigh o petition as implemetned tlaoagh Ox:se
policy guidelinzs.
Rcgncsts for Crossnaltcs:
• The Public ~Vurks Dcptuttncnt w111 communlcata tvidt the requesting pant ro
full}• wtderstattd Oteir request and Thoroughly dcLnc the ccqucstcd location{s) for
thocrossW:tllt.
• The TtttfGc Rcvicw• Comntiucc will study dtc requested lowttion and perfotnt a
crossvalk mtalysis wldch includes volume of pcdeslrian traf[ic, proximity of the
subject iocafion to schools, parks, swinuning pools, relai! centers, hike and bilro
rucilitics, rohiudur traffic volume, etc.
• Crosswalks shop not ba ploced in the middlonl'a block.
• Crosswalks shall-not b: placed at uncontrolled hnersecttnns; meaning [hose
without existing stop signs or unffic rigtatx
Requests for Childrea at Pta}• Signs:
• StaEl' will wmtnuoleatc with the requesting parry to Rtpy understand their request
and Ihoroughlp dchne the requcsttul !oration(s) far the sign(s). The requesting
party will be utfottned Wat Children at Play signs will nat be install:d at wy
locations other than tltasc dimtly ndjaeent to a public pnr)t or public swimming
pools.
• The Traffic Review t;ommittec will study tilt requested location and perfutm an
advisory sign analysis which includes vohtmc of pcdrsaiatt traffic, ptnzintiry of
the subject loaation to schools, pads, s~vinnning pools, reteil txnlcrs, hike and
bite foc[IiGes, vehicular trufTic vroluma, etc.
• Children at piny sighs shall only he placed at locations adjnecnt to public parks or
pub! is swimming pools.
Requests for OtherAdvisory orAdvunccd Warning S[gns:
• Staffwill contntunicw~-with the reyucsCmy patty to fully understaud their request
and thnrougltly define the rctrycsted location(s) fur the sign(s). The requestitg
patty vvitl Ue infartned that it is Cily puGey to iawrall advisory or advanced
wnming slgtts only in attordance vv5tle the Texas Manual txr Uniform '1}affic
Control de~•iccs, latest edition.
• The Traffic Review Committee will study the mquesttxl lnctlion and pcrfarm an
advisuryfudvanccd warning sign analysis which includes vwlumc oC pcd~trian
tratliq proximity of the subject lorntion ro schools, parks, swimming pools, r_tai'
centers, hike: artd bike facilities, vehicular tntffic vobtme, cte.
Requests to Limit Spcedtng alongSpceifie Oily-Controlled Streets:
Powsred by Laaeraeha Wbynk vareton 7.a.5. Lasedkha le a reBlatered trademark of Compuank Menapsmanl Centsr, Inc.
Thla copy le raplalered to: Clly of Paanand