Ord. 1398 2009-07-13ORDINANCE NO. 1398
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 SECTION 545.356, TEXAS
TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS,
OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY
OF PEARLAND (CULLEN PARKWAY), AS SET OUT IN THIS
ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY.
WHEREAS, Section 545.356,Texas Transportation Code, provides that whenever
the governing body of the City shall determine 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 engineering and traffic design criteria heretofore made
and authorized by the provisions of Section 545.356, Texas Transportation Code, the
prima facie speed limit for Cullen Parkway, from FM 518 to the north city limit line shall be
35 mph for the duration of the Cullen Expansion Project, and such temporary speed limit is
hereby determined and declared to be reasonable and safe.
ORDINANCE NO. 1398
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
adopted as an emergency measure, and that the rule requiring this ordinance to be read
2
ORDINANCE NO. 1398
on two (2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED on First and Only Reading this the 13t"day of July, A. D.,
2009.
EID
MAYOR
ATTEST:
+`~QGARLq~;
NG IP G RM
' S RETAR =~'~~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
JULY 13, 2009
Voting "Aye" - Councilmembers Owens, Sherman, and Cole.
Voting "No" - None.
Motion passed 3 to 0, with Councilmembers Kyle and Saboe absent.
PUBLICATION DATE: July 15, 2009
EFFECTIVE DATE: July 24, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3