Ord. 0723 04-22-96ORDINANCE NO. 723
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING PORTIONS OF ORDINANCE NO. 472 TO CHANGE
THE SPEED LIMIT ON SECTIONS OF DIXIE FARM ROAD NORTH OF
EAST BROADWAY (FM 518) FROM 40 MILES PER HOUR TO 35 MILES
PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, PUBLICATION AND
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED
FOR NEW SPEED LIMIT SIGNS 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 jurisdic-
tion, enforce traffic control devices including speed limit signs;
and
WHEREAS, lowering the speed limit from 40 miles per hour to
35 miles per hour on sections of Dixie Farm Road north of
East Broadway (FM 518) is necessary in order to meet new traffic
needs at McDonald Road; and
WHEREAS, this change will bring sections of Dixie Farm Road
into compliance with the City's goal of bringing non -highway
thoroughfare and collector streets into general urban character
consistent with urban needs as they develop; 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, pre-existing speed limit signs on
Dixie Farm Road are hereby changed from 40 miles per hour to 35
miles per hour in the following sections of Dixie Farm Road:
-1-
ORDINANCE NO. 723
(1) from a point 3,905 feet north of the northeast right-of-
way of East Broadway (FM 518) to a point 6,190 feet north
of same; and
(2) from a point 7,215 feet north of the northeast right-of-
way of East Broadway (FM 518) to the north City limit
line.
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. 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. 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. 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 compe-
tent 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.
-2-
ORDINANCE NO. 723
Section 6. All ordinances and parts of ordinances in con-
flict herewith are hereby repealed but only to the extent of such
conflict.
Section 7. 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. 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 9. The Council finds and determines that new speed
limit signs in these areas of Dixie Farm 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.
-3-
ORDINANCE NO. 723
PASSED and APPROVED on First and Only Reading this the
day of
ATTEST:
APPROVED AS TO FORM:
ES McCULLOUGHOUGH
CITY"ATTORNEY
, A.D., 1996
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING) APRIL 22, 1996
VOTING "AYE" - COUNCILMEMBERS RICHARDSON, WEBER, TETENS, COLE & BECKMAN
VOTING "NO" - NONE
MOTION PASSED 5 TO 0
PUBLICATION DATE: MAY 1, 1996
EFFECTIVE DATE: MAY 11, 1996
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
-4-
OFFICE OF THE CIT! SECRETARY
CIT! OF PEARLAHD, TEXAS
TO: RONNIE MCWHIRTER DATE: APRIL 30, 1996
PUBLIC WORKS SUPERVISOR
At the City Council meeting held on APRIL 22.1996
the following matter was referred to you for appropriate disposal
or for specific action as indicated below:
ORD. 723 - CHANGING SPEED LIMIT ON DIXIE FARM RD. NORTH OF EAST BROAD -
WAY (FM 518)
Documents Attached:
ORD. 723
CC: C.R. LONG
POLICE
TRAFFIC FILE
N. OD/4fl
CC:act
L�. (�
!ol da C. Beniten, City Sec tar
cisu) ew)
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. / Date C;/ 19 4(..
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Can `
Editor
Subscribe and worn to before me this day of Pal
19 IL__
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WV., (licr c.S �CvaeXa
09/09/98
N
9
Laura Ann Emmons, • u • Iisher
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, AMENDING POR-
TIONS OF ORDINANCE NO.
472 TO CHANGE THE
SPEED LIMIT ON SEC-
TIONS OF DIXIE FARM
ROAD NORTH OF EAST
BROADWAY (FM 518)
FROM 40 MILES PER HOUR
TO 35 MILES PER HOUR;
PROVIDING A PENALTY.
- FOR VIOLATION; CONTAIN-
ING A SAVINGS CLAUSE;
PROVIDING FOR AN
EFFECTIVE DATE, PUBLI-
CATION AND CODIFICA-
TION; AND DECLARING AN
EMERGENCY BECAUSE
THE NEED FOR NEW
SPEED LIMIT SIGNS IN
THIS AREA INSURES TO
THE BENEFIT OF THE
TRAVELING PUBLIC AND,
THEREFORE, BEARS
DIRECTLY UPON THE
HEALTH, SAFETY AND
WELFARE OF THE CITI-
ZENRY.
Section 3. Any person who
shall violate the provisions
of this section shall be
deemed guilty of a misde-
meanor and shall, upon
conviction by a court of
competent jurisdiction, be
punished by a fine In a sum
not exceeding Two
Hundred Dollars ($200.00).
PASSED and APPROVED
on First and Only Reading
this the '22nd.day of April,
A.D.,1996.
TOM REID ,
MAYOR
ATTEST:
YOLANDA C. BENITEZ
CITY SECRETARY
VOTING RECORD (FIRST
AND ONLY READING)
APRIL 22,1996
VOTING "AYE" - COUN-
.CILMEMBERS RICHARD-
1995 Mercury '
-
Stk. #1797 •
1995 Pontiac Grai
V6, Auto., Air,
Loaded, Stk. #3002
1995 Chrysler Lei
V6, Auto., Air i
Loaded, Stk. #1775
FM 528 $i
Alvii
1-800=8
(713) 1-
. SON, WEBER, TETENS,
COLE AND BECKMAN
VOTING "NO -- NONE - -
MOTION PASSED 5 TO 0