Ord. 0794-1 10-13-97ORDINANCE NO. 794-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 794, FOR THE PURPOSE OF
CHANGING THE SPEED LIMIT ON CERTAIN SECTIONS OF McHARD ROAD
FROM 30 MILES PER HOUR TO 40 AND 50 MILES PER HOUR; 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
MAXIMUM SPEED LIMITS IN THIS AREA INURES TO THE BENEFIT OF THE
TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
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, changing the speed limit of 30 miles per hour to 40 and 50 miles
per hour on sections of McHard Road is necessary in order to meet new traffic needs;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 2 of Ordinance 794 is hereby amended to read as follows:
"(a) 40 miles per hour in the following section:
from approximately 300 feet east of the intersection of the south frontage
road right-of-way of SH 288 and McHard Road to 1000 feet west of such
point;
(b) 50 miles per hour in the following section:
from approximately 700 feet west of the intersection of the south frontage
road right-of-way of SH 288 and McHard Road to the west City limits."
1
ORDINANCE NO. 794-1
Section 2. 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 3. 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 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.
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
2
ORDINANCE NO. 794-1
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 9. Declaration of Emergency. The Council finds and determines that the
need to establish maximum speed limits in this area of McHard Road inures to the benefit
of the travelling 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.
PASSED and APPROVED on First and Only Reading this the L. ,,day of
6L , A. D., 1997.
TOM REID
MAYOR
ATTEST:
APP'Jn VED AS TO FORM:
M► TES McCULLOUGH
CITY A ORNEY
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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.
No.
No.
No.
No.
Date
Date
Date
Date
Date
/6 /.S
19
19
19
19
mil\ (-112,rri er-41- /1
Editor
Subscribe and sworn to before me this day of f CL.
ANOE NO.7944
AN ORDINANCE OF THE
CITY COUNCIL OF. THE
CITY OF PEARLAND,
TEXAS,,AMENDING ORDI-
NANCE NO. TTHE
PURPOSE OF;FORHANGING
THE SPEED two ON CER-
TAIN . SECTIONS , OF
McHARO ROAD FROM 30
MILES PER HOUR TO 40
AND
FOR SN.E6 TY
PROVI tNG; P; L
PIGA$
SEVERA81,
AND A
LAU PFFE Pet TB
ROVNNN Y k
UdLI AT F D
ODIFICATIO , AND
ECLARING ;4 tf .EMER
ENCY BECAUSE THE
TO ESTABLISH MAX-
UU SPEED LIMIT$ IN
AREA INURES TO THE
EFR OF Tiff TRAVEL -
PUBLIC AND, THERE,
ORE, BEARS DIRECTLY
UPON THE NUM, a
TT MO WELFARE aF THE
Section 3 Penalty. Any per-
son who shall violate the pro-
of this section shill be
ed gutty of a misde-
and shalliuponlotion .
nbysd'ctalo�¢,
y fine In any sum not
ceeding Two Hundred
rs ($20000).,,
ASSED and APPROVED onr
ust and On Bead'gg this
e 1 adarcwOctober, A.
.,1997
fz;
TOM REID
YOR
TTEST:
YOUNG LOWING
SET,riTARY
PROVEDASTOFOA%t
NAY MOTES McCULLOUGH
CITY ATTORNEY
t1CTOR 91a l47J
Voting "Aye"- Council -
members Berger, Beckman,
Wilkins a coin
Voting"No" -None
Motion passes 4 to Oe with
Counclimember Totems
being absent ,