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Ord. 0957 03-13-00ORDINANCE NO. 957 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 WINDFERN DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET (F.M. 518), UPON FAIRWOOD STREET IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH WINDFERN DRIVE, UPON FAIRWOOD STREET IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH WINDFERN DRIVE, UPON STONECREST WAY IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH WINDFERN DRIVE (WILLOW LAKE ESTATES, SECTION 2); 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: Willow Lake Estates, Section 2: Upon Windfern Drive in a northerly direction at its intersection with Broadway Street (F.M. 515); Upon Fairwood Street in an easterly direction at its intersection with Windfern Drive; 1 ORDINANCE NO. 957 Upon Fairwood Street in a westerly direction at its intersection with Windfern Drive; Upon Stonecrest Way in an easterly direction at its intersection with Windfern Drive. 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 2 ORDINANCE NO. 957 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. 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 13th day of March , A.D., 2000. TOM REID MAYOR 3 ORDINANCE NO. 957 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 VOTING RECORD (FIRST AND ONLY READING MARCH 13, 2000) Voting "Aye" - Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" - None. Motion passes 4 to 0, with Councilmember Wilkins absent. PUBLICATION DATE: MARCH 15, 2000 EFFECTIVE DATE: MARCH 25, 2000 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 3/13/00 ITEM NO. DATE SUBMITTED: 3/3/00 DEPARTMENT OF ORIGIN : LEGAL PREPARED BY: DARRIN COKER PRESENTOR: DARRIN M. COKER SUBJECT: STOP SIGNS; WILLOW LAKE ESTATES, SECTION 2 EXHIBITS: ORDINANCE AND MAP EXPENDITURE REQUIRED - n/a AMOUNT BUDGETED - n/a ACCOUNT NO. ADDITIONAL APPROPRIATION REQUIRED ACCOUNT NO. FUNDS AVAILABLE n/a (Finance Department Approval) EXECUTIVE SUMMARY The necessity and location of the proposed stop signs have been reviewed by the Engineering Depaitnient as well as the Pearland Police Department. RECOMMENDED ACTION Consider Ordinance No. 957 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published 3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ;ulation in Brazoria and Harris Counties, for issues, as follows: No. / Date 5- /S 20 0O No Date 20 No. Date 20 No. Date 20 No. Date 20 'scribe and sworn to before me this /` of % \� LAURA 3 NMONS w ��) c ?t' •tary RichCate of Te a :+ �. m xpire blisher Notary Public, State of Texas AN -ORDINANCE OF C!TY COUNCIL OF CRTY OP PEAR fr."(00f@gtSIAt JS,HINQ.. STOP SIGNS -WITHIN THE CORPORATE, LIMITS OF - THE CITY; PEARLAND UPON -WINDER DRIVE IN A.ND RLY RECTIDN , AT Ij� T CrTION WRH 8R (F.M. 10094, EASTF TSINTERSECTIO_. FERN DRIVE, WEST IRE. TSINT�EDTIQ ' '-S ' Iv- • STq Ej IN. EASTE ITS INTER 0 WINDEERN DRIVE —(NIL: L0 • ESTA TES, EEC• TI. a misdate - §ll ,gppn eon k tinny Any per. nshall be;3 cars ($200.00) PENALTT-FOR VIOLA.,TION;- CONTAINING A SAVINGS`. CLAUSE A SEVERABILITY# CLAIMANR A REPEALER IIEED=TO ESTABLISH STIR SIGNS AT INTERSECTIONS; INURES TO THE BENEFIT' OFTHE TRAVELING !ADZ LI,C AND, THEREFORE, B E DIRECTLY UPON -AID motif First and Only Reading this Owl *slay of March, ATTEST;' /S/ *Awe LORFIj G CITY SECRETARY . ;. APPRQVED ASTO FORM,,C„ /t/QAR1RIO Ike,OKER' ; CITY ATTQRISEY "'' VOTING EBCORD (FIRST AND ONLY , READIN. 140,411CI113, 000) Vdtir ye" Ceunall nembers Beekman Telens, Berger, anti SM' Voting No'- None Motion passes 4 to 0, with Cduneilmembers WiIkld0. blaze the pro - absent" PUBLICATION DATE. MARCH 15,2000 EFFECTIVE DATE MARCH25, 2000' 7n PAS REQUIRED B?SECTION 3.10 OF THE CHARTER OF THE CITY OF