Ord. 1155 02-23-04ORDINANCE NO. 1155
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING REGULATORY SIGNS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND NEAR THE
INTERSECTION OF DIXIE FARM ROAD AND F.M. 518; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH
TRAFFIC CIRCULATION CONTROL SIGNS INURES TO THE BENEFIT OF
THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Section 544.003 of the Transportation Code provides, in part, that local
authorities may, with reference to highways under their jurisdiction, designate them as
controlled intersections; and
WHEREAS, Article XI, Section 29-206 of the Pearland Code of Ordinances requires
the City to place and maintain traffic control signals in accordance with the Texas Manual
of Uniform Traffic Control Devices; and
WHEREAS, a traffic circulation study analysis for the area immediately north of the
intersection of Dixie Farm Road and F.M. 518 has been prepared; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Pursuant to the grant of authority contained in the preamble hereof, the
following locations are designated as controlled intersections:
Prohibit left turn movement for vehicles traveling along Dixie Farm Road to the north
of F.M. 518 as depicted in Exhibit "A". Restrict left turn movement for vehicles attempting
to enter the north bound lanes of Dixie Farm Road as depicted in Exhibit "A".
Section 2. Penalty. Any person who shall violate the provisions of this section shall
be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent
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ORDINANCE NO. 1155
jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars
($200.00).
Section 3. Declaration of Emergency. The Council finds and determines that the
need to establish regulatory signs 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 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.
Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of Pearland,
Texas, that the provisions of this Ordinance shall be codified in the City's official Code of
Ordinances as provided hereinabove.
Section 8. 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
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ORDINANCE NO. 1155
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.
PASSED and APPROVED on First and Only Reading this the 23'd day of
February , A.D., 2004.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
3
RICHARD TETENS
MAYOR PRO-TEM
VOTING FIRST AND ONLY READING
FEBRUARY 23, 2004
Voting "Aye" - Councilmembers Viktorin, Owens, Tetens,
Marcott and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
February 25, 2004
March 6, 2004
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended in Brazoria and Harris Counties in THE REPORTER NEWS nded was published
circulation in Brazoria, Harris & Galveston Counties, for ' a newspaper of general
issues, as follows:
No. Date � -
20 _02.X_
No.
Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
20
.,..,......a. ••••a••••••
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
20
20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
12-
Published Feb. 25, 2004
ORDINANCE NO. 1155
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, ESTABLISHING
REGULATORY SIGNS
WITHIN THE CORPORATE
LIMITS OF THE CITY OF
PEARLAND NEAR THE
INTERSECTION OF DIXIE
FARM ROAD AND F.M.
518; PROVIDING A
PENALTY FOR VIOLA-
TION; CONTAINING A
SAVINGS CLAUSE, A
SEVERABILITY CLAUSE
AND A REPEALER
CLAUSE; PROVIDING AN
EFFECTIVE DATE, FOR
PUBLICATION, AND FOR
CODIFICATION; AND
DECLARING AN EMER-
GENCY BECAUSE THE
NEED TO ESTABLISH
TRAFFIC CIRCULATION A
CONTROL SIGNS INURES /s/
TO THE BENEFIT OF TH
TRAVELING PUBLIC AN
THEREFORE, BEAR
DIRECTLY UPON TH
HEALTH, SAFETY AN
WELFARE OF THE CITI
ZENRY.
Section 2. Penalty. Any
person who shall violate the
provisions of this section
shall be deemed guilty of a
misdemeanor and shall,
upon conviction by a court
of competent jurisdiction, be
punished by a fine in any
sum not exceeding Two
Hundred Dollars ($200.00).
PASSED and APPROVED
ON FIRST AND ONLY
READING this the 23rd
day of February, A. D.,
2004.
/s/ Richard Tetens
Mayor Pro-Tem
nest:
Young Lorfing; TRMC
E City Secretary
D,
S Approved As To Form:
E /s/ Darrin M. Coker
D City Attorney
YTIN R r` i FIRST
AND ONLY RFa ita is
,RUARY 3 2004
Voting "Aye"-
Councilmembers Viktorin,
Owens, Tetens,. Marcott,
and Seeger.
Voting "No" -None.
Motion passes 5 to 0.
PUBLICATION DATE:
February 25, 2004
EFFECTIVE DATE: March
6, 2004
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY , OF
PEARLAND, TEXASI