Ord. 0264-1 01-28-91ORDINANCE NO. 264-1
AN ORDINANCE AMENDING ORDINANCE NO. 264 FOR THE PURPOSE OF
ESTABLISHING A 55 M.P.H. SPEED ZONE ALONG SH 35 (SOUTH MAIN
STREET) FROM A POINT 132 FEET SOUTH OF THIRD STREET TO THE
SOUTH CITY LIMITS, A DISTANCE OF APPROXIMATELY 1.523 MILES;
PROVIDING FOR A PENALTY, AND PUBLICATION; CONTAINING A
SAVINGS CLAUSE AND 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 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; and,
WHEREAS, 23 U.S.C., Sec. 154, provides inpart that the Secretary
of Transportation shall not approve any project under Section 106 if
any State has (1) a maximum speed limit on any public highway within
its jurisdiction in excess of fifty-five miles per hour other than on
the Interstate System located outside an urbanized area of 50,000
population or more; now, therefore,
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 and in accordance with 23
U.S.C., Sec. 154, the following prima facie 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:
Along SH 35 (South Main Street) from a point 132 feet south of
Third Street to the South City Limits, a distance of
approximately 1.523 miles, 55 M.P.H.
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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 official 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.
$ection 4. All rights and remedies which have accrued in the
favor of the City under Ordinance No. 264, and amendments thereto,
shall be and are preserved for the benefit of the City.
Section 5. 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.
PASSED
ATTEST:
PAT JONE
CITY SECRET RY
S
and
APPROVED on first reading this
, A.D., 1991.
PASSED and APPROVED
9'LL'ut.
ATTEST:
O
PAT JONES
CITY SECRETARY
LESTER G. RORICK
CITY ATTORNEY
MAYOR
day of
on second and final reading this ? day of
A.D., 1991.
C. V. COPPINGER
MAYOR
VOTING RECORD (FIRST READING) JANUARY 14, 1991
Voting "Aye" - Councilmembers Miller, Tetens, Smith,
Weber and Wolff.
Voting "No" - None.
VOTING RECORD (SECOND READING) JANUARY 28, 1991
Voting ".Aye" - Councilmembers hiller, Tetens, Smith,
Weber and Wolff.
Voting "No" - None.
PUBLICATION DATE: FEBRUARY 1, 1991
EFFECTIVE DATE: FEBRUARY 11, 1991
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER
OF THE CITY OF PEARLAND, TEXAS.
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