Ord. 1390 2010-01-11 ORDINANCE NO. 1390
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE
TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN
STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND (FM 2234 BETWEEN
SH 288 AND FM 521), AS SET OUT IN THIS ORDINANCE; PROVIDING A
PENALTY; AND DECLARING AN EMERGENCY.
WHEREAS, 545.356,Texas Transportation Code, provides that whenever the
governing body of the City shall determine 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 of 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 intersection or other place or part of the street of
highway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. Upon the request of the Texas Department of Transportation and as
authorized by the provisions of 545.356, Texas Transportation Code, the prima facie
speed limit, along FM 2234 between SH 288 and FM 521, shall be 45 mph and is hereby
determined and declared to be reasonable and safe; and such speed limit is hereby fixed
at the rate of speed indicated for vehicles traveling upon the named streets and highways,
or parts thereof.
ORDINANCE NO. 1390
Section 2. Penalty. 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 3. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit
of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable 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.
Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 6. Publication and Effective Date. The City Secretary shall cause this
ordinance, or its caption and penalty, to be published in the official newspaper of the City of
Pearland, upon passage of such ordinance. The ordinance shall then become effective
ten (10) days from and after its publication, or the publication of its caption and penalty, in
the official City newspaper.
Section 7. Declaration of Emergency. The Council finds and determines that
vehicle speed inures to the benefit of the traveling public and, therefore, bears directly
upon the health, safety and welfare of the citizenry; and that this ordinance shall be
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ORDINANCE NO. 1390
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 this the 11 day of January, A.D., 2010.
TOM REID
MAYOR
ATTEST:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
January 11, 2010
Voting "Aye" Counci[members Owens, Sherman, Kyle
Saboe, and Cole.
Voting "No" None.
Motion passed 5 to 0.
PUBLICATION DATE: August 4, 2010
EFFECTIVE DATE: August 13, 2010
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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APPROVED AS TO FORM: