Ord. 0619 08-26-91ORDINANCE NO. 619
AN ORDINANCE ESTABLISHING PRIMA FACIE SPEED LIMITS
PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STAT-
UTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC
INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR
PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY
OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING
A PENALTY FOR VIOLATION; A SEVERABILITY CLAUSE; A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION; A SAVINGS
CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMER-
GENCY AS THE NECESSITY OF HAVING CORRECT SCHOOL ZONES
IN PLACE AS NEAR AS PRACTICABLE TO THE BEGINNING OF
CLASSES CONSTITUTES AN IMMEDIATE EMERGENCY TO THE LIFE,
HEALTH, PROPERTY, AND PUBLIC SAFETY OF THE CITIZENRY.
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 investiga-
tion 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
priate signs giving notice thereof
tion or other place or part of the
fore,
shall be effective when appro-
are erected at such intersec-
street or highway; now, there -
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section 1. Based upon an engineering and traffic investiga-
tion 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 deter-
mined and declared to be reasonable and safe; and such speed
limits are hereby fixed at the rate of speed indicated for vehi-
cles traveling upon the named streets and highways, or parts
thereof.
Section 2. The following areas, streets, or portions there-
of shall be designated special speed zones and it shall be unlaw-
ful for any person to drive any vehicle thereon at a speed great-
er than twenty (20) miles per hour on school days between the
hours of 7:30 and 8:30 A. M. and between the hours of 3:00 and
3:30 P. M. when signs are erected:
Liberty Drive - Beginning at the intersection of Liberty
and John Lizer and extending north on Liberty to its inter-
section with Colleen Street, a total of 1026 feet.
Section 2 The following areas, streets, or portions there-
of shall be designated special speed zones and it shall be unlaw-
ful for any person to drive any vehicle thereon at a speed great-
er than twenty (20) miles per hour on school days between the
hours of 7:45 and 8:30 A. M. and between the hours of 2:15 and
2:45 P. M. when signs are erected:
- Beginning 1694 feet north of the intersection
and Yost Road. Extending north on Yost a total
to a point 105 feet south of Rocky Creek Drive.
The Superintendent of Public Works is hereby
Yost Road
of Broadway
of 476 feet
Section 4.
directed to erect, or cause to
fic control devices as may be
dence the special speed zones
be erected, signs and other traf-
deemed by him appropriate to evi-
and times set forth hereinabove,
and to maintain and replace the same as may become necessary.
Section 5. 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).
Section 6. If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdic-
tion, 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 7. All provisions of prior ordinances of the City
in conflict with a provision of this Ordinance are hereby re-
pealed, but only to the extent of any such conflict.
2
Section Is It is the intent of the City Council that this
Ordinance, when approved and adopted, shall be made a part 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.
Section 9. 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.
Section 10. The City Secretary shall cause this Ordinance,
or the caption and penalty hereof, to be published in the
of the City at least once within ten days
second and final reading. This Ordinance
cial newspaper
its passage on
offi-
after
shall
then become effective ten days from and after its publication, or
the publication of its caption and penalty, in the official City
newspaper.
Section 11. The Council finds and determines that the need
for correct school zones to be in place as near as practicable to
the beginning of classes constitutes an immediate emergency
affecting the life, health and property 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 its first and only required reading
under Section 3.10 of the City Charter of the City of Pearland,
Texas on this the o2, 4 day of
ATTEST:
Oyu
Pat Jones, C' Secretary
APP,O R Ain ¶O FORM:
Lester Rorick, City Attorney
3
A. D., 1991.
v7V �� � v ar-1
C. V. Copp g r, M r
VOTING RECORD (FIRST AND ONLY READING) AUGUST 26. 1991
Voting "Aye" - Councilmember Weber, Frank, Miller and Colson
Voting "No" - None
(Councilmember Wolff Absent)
PUBLICATION DATE: AUGUST 30, 1991
EFFECTIVE DATE: SEPTEMBER 09, 1991
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper
on the following date(s), to wit:
at-
, 19
6
BUSINESS MANAGER
Subscribed and sworn to this"ck day oCf3;s
19g�.
(SEAL)
RY PUBLIG '
STATE OF TEXAS`
111 EMPLOYMENT WANTED
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ANNOUNCEMENTS
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AD 1991.
Pet Jones,O
/IPPROVEDl,
USG Hoick,
PUBLICATIONDATE:,AUGUS� S0.
CSEIIOB.�E•
PUBLISHED ED
-SECTION'S.
BY