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Ord. 0662 1993-09-27ORDINANCE NO. 662 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 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, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, 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 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 or highway; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Ordinance No. 662 is based upon 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 vehicles traveling upon the named streets and highways, or parts thereof. Section 2. The following areas, streets, highways, or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20) miles per hour on school days between the hours of 7:30 A.M. and 8:30 A.M. and between the hours of 3:00 P.M. and 4:15 P.M. when signs are erected: (a) Along Rustic Lane from a point at the intersection of Stevenson Road, southeast to the Pearland City Limit; (b) Along Stevenson Road from a point at the intersection of Rustic Lane, southwest to the Pearland City Limit; and, (c) Along Westfield Road from a point at the intersection of Dixie Farm Road, southeast to the Pearland City Limit. Section 3. The following areas, streets, highways, or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than thirty (30) miles per hour on school days between the hours of 7:30 A.M. and 8:30 A.M. and between the hours of 3:00 P.M. and 4:15 P.M. when signs are erected: (a) Along Dixie Farm Road from a point 528 feet northeast of the intersection of County Road 127 to a point 528 feet northeast of the intersection of Forest Lane. Section 4. The Superintendent of Public Works 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 special speed zones and times set forth hereinabove, and to maintain and replace the same as may become necessary. Section 5. 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 exceeding Two Hundred ($200.00) Dollars. Section 6. 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 affect the validity of the remaining portions thereof. Section 7. 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. Section 8. It is the intent of the City Council that this Ordinance, when approved and adopted, shall be made a part of, and incorporated into, the Code of ordinances of the City of Pearland, Texas, and said Code is hereby expressly amended to include the provisions of this Ordinance in all respects. Section 9. All rights and remedies which have accrued in the favor of the city under other ordinances establishing speed zones in the subject area shall be preserved for the benefit of the City. Section 10. 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 become effective ten days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on First Reading this the o2,/ day of ,, c__. D., 1993. ATTEST: PAT JONE CITY SE `•ETARY PASSED and APPROVED on Second and Final Reading this the 0 / day of , A. D., 1993. ATTEST: PAT JONES CITY SECRETARY APPROVED AS TQIFORM: DICE CSREGG, CITY ATTORNEY C. V./COP I EN MAYOR VOTING RECORD (FIRST READING) SEPTEMBER 27, 1993 Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller Voting "No" - None Motion Passed 5 to 0. VOTING RECORD (SECOND READING) OCTOBER 11, 1993 Voting "Aye" - Councilmembers Smith, Weber, Frank, and Miller Voting "No" - None Motion Passed 4 to 0_ (Councilmember Colson was absent) PUBLICATION DATE: OCTOBER 15, 1993 EFFECTIVE DATE: OCTOBER 25, 1993 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND.