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Ord. 0629 06-22-92ORDINANCE NO. 629 AN ORDINANCE ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON FM 518, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFI- CATION. WHEREAS, Article 6701D, Vernon's Texas Civil Statutes, 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 or 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 intersec- tion or other place or part of the street or highway; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: $action 1. Based upon an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated for vehicles 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, described as follows: (A) Along FM 518 from the west city limits to 211 feet west of Anthony Street, a distance of approximately 0.970 miles - 50 MPH. (B) Along FM 518 from 211 feet west of Anthony Street to 185 feet east of Washington Street, a distance of 0.900 miles - 45 MPH. (C) Along FM 518 from 185 feet east of Washington Street to 475 feet east of Sherwood Street, a distance of 1.250 miles - 35 MPH. (D) Along FM 518 from 475 feet east of Sherwood Street to 370 feet east of Country Club, a distance of 1.035 miles - 45 MPH. (E) Along FM 518 from 370 feet east of Country Club Drive to the east city limits, a distance of 2.310 miles - 50 MPH. (F) Along FM 518 a school speed zone from a point 105 feet west of Anthony Street to the 80 feet east of Cunningham Street, a distance of 0.200 miles - 30 MPH (when flashing). (G) Along FM 518 a school speed zone from Houston Avenue to Old Alvin Road, a distance of 0.200 miles - 20 MPH (when flashing). section 2. 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 exceeding Two Hundred Dollars ($200.00). $action 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or un- constitutional 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. $action 4. All provisions of prior ordinances of the City in conflict with a provision of this Ordinance are hereby repealed, but only to the extent of any such conflict. $action 5. It is the intent of the City Council that this Ordinance, when approved and adopted, shall be made a of, and incorporated into, the Code of Ordinances of the City of Pearland, Texas, and said Code is hereby expressly amended to include the provisions of this Ordinance in all respects. $action 6. All rights and remedies which have accrued in .the favor of the City under other ordinances establishing speed zones in the subject area shall be preserved for the benefit of the City. $action 7. The City Secretary shall cause this Ordinance, or the caption and penalty hereof, to be published in the official newspaper of the City at least once within ten days after its passage. This Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the of- ficial City newspaper. 2 PASSED and APPROVED on First Reading this the 1 day of , A. D., 1992. C. V. COPPINGER MAYOR ATTEST: PA ONES CITY SECRET PASSED and APPROVED on Second and Final Reading this the 2.2 day of A. D., 1992. C. V. COPPINGER 6' MAYOR ATTEST: PAT JONES CITY SECRE ARY APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY VOTING RECORD (FIRST READING) JUNE 8. 1992 Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank and Miller Voting "No" - None Motion passed 5 to 0. VOTING RECORD (SECOND READING) JUNE 22. 1992 Voting "Aye" - Councilmembers Colson, Smith, Frank, Weber and Miller Voting "No" None Motion passed 5 to 0. PUBLICATION DATE: JUNE 26, 1992 EFFECTIVE DATE: JULY 6, 1992 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.