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Ord. 0616 07-22-91ORDINANCE NO. 616 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTI- CLE 6701D, VERNON'S TEXAS CIVIL STATUTES, 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 FOR A PENALTY, AND PUBLICATION; AND CONTAINING A REPEALER. 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 with 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 appro- priate signs giving notice thereof are erected at such intersec- tion or other place or part of the street or highway; now, there- fore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: Section 1. Upon the basis of 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 vehi- cles traveling upon the named streets and highways, or parts thereof, described as follows: Along SH 35 from the North City Limits to a point 385 feet south of Rice Dryer Road, a distance of approximately 1.619 miles, 50 M.P.H. 1 Along SH 35 from a point 385 feet south of Rice Dryer Road to Orange Street, a distance of approximately 0.346 miles, 45 M.P.H. Along SH 35 from Orange Street to a point 660 feet south of Walnut Street, a distance of approximately 0.767 miles, 35 M.P.H. Along SH 35 from, a point 660 feet south of Walnut Street to a point 132 feet south of Third Street, a distance of ap- proximately 0.383 miles, 45 M.P.H. Along SH 35 from a point 132 feet south of Third Street to the South City Limits, a distance of approximately 2.170 miles, 55 M.P.H. Along SH 35 a school speed zone from a point 1216 feet north of Industrial Road to a point 160 feet north of Industrial Road, a distance of approximately 0.200 miles, 35 M.P.H. 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 more than Two Hundred Dollars ($200.00). Section 3. The City Secretary shall cause this Ordinance, or the caption and penalty hereof, to be published in the offi- cial newspaper of the City at least once within ten days after its passage on second and final reading. This Ordinance 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 4. 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. PASSED and APPROVED this A. D., 1991. ATTEST: PAT JONES, C i` SECRETARY day of ?At C. V. COPPINGER, MAYOR 2 PASSED and APPROVED on second and final reading this �? a- day of ATTEST: PAT JONES, CITY 92-2y RETARY APPROVED AS TO FORM: LESTER RORICK, CITY ATTORNEY , A. D., 1991. VOTING RECORD (FIRST READING) JULY 08. 1991 Voting "Aye" Voting "No" YOR - Councilmember Wolff, Councilmember Colson, Councilmember Frank and Councilmember Weber - None VOTING RECORD (SECOND READING) JULY 22. 1991 Voting "Aye" Voting "No" - Councilmember Weber, Councilmember Frank, Councilmember Miller, Councilmember Colson and Councilmember Wolff - None PUBLICATION DATE: JULY 26, 1991 EFFECTIVE DATE: AUGUST 05, 1991 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3