Ord. 0547 02-22-88ORDINANCE NO. 547
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S
TEXAS CIVIL STATUTES, ON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, ON JOHN LIZER ROAD, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND; PROVIDING A PENALTY
FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A
SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
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 portions 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:
Section 1. Upon the basis of an engineering and traffic investi-
gation heretofore made as authorized by the provisions of Article
6701d, Vernon's Texas Civil Statutes, the following prima facie
maximum speed limits hereafter indicated for vehicles are hereby fixed
at the rate of speed indicated for vehicles traveling upon the named
street, or part thereof, described as follows:
(a) Along John Lizer Road from the east right-of-way line of
Old Alvin Road, easterly approximately 3,700 feet to a
point approximately 100 feet west of the western edge of
the bridge over Mary's Creek, 45 miles per hour:
(b) Along John Lizer Road from a point approximately 100
feet west of the western edge of the bridge over Mary's
Creek, easterly approximately 1,000 feet to the west
right-of-way line of Liberty Drive, 35 miles per hour.
Section 2. The City Director of Planning and Transportation is
hereby directed to erect, or cause to be erected, signs and other
traffic control devices as may be deemed by him appropriate to
evidence the speed zones set forth hereinabove, and to maintain and
replace the same as may become necessary.
Section 3. 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 4. 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 jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining portions
thereof.
Section 5. All existing ordinances and parts of ordinances in
conflict herewith are hereby repealed, but only to the extent of such
conflict.
Section 6. This Ordinance shall take effect and be in force on
the tenth day after its publication, or the publication of its caption
and penalty, in the official newspaper of the City of Pearland, Texas.
PASSED and APPROVED ON FIRST READING this / day of
A. D., 1988.
ATTEST:
„cret� Cit
2
Mayor
PASSED and APPROVED ON SECOND AND FINAL READING this the .2 2s
day of
ATTEST:
City S/cretary
APPROVED AS TO FORM:
, A. D., 1988.
Mayor
Oht
VOTING RECORD (FIRST READING) FEBRUARY 1, 1988
Voting "Aye" - Councilmembers Bost, Frauenberger, and Wolff.
Voting "No" - Councilmember Roberts.
Motion passed 3 to 1.
VOTING RECORD (SECOND READING) FEBRUARY 22, 1988
Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens and Bost.
Voting "No" - None
Councilmember Roberts abstained.
Motion passed 4 to 0.
PUBLICATION DATE: FEBRUARY 26, 1988
EFFECTIVE DATE: MARCH 7, 1988
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.