Ord. 0712 1995-12-11ORDINANCE NO. 712
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RECOGNIZING, AUTHORIZING, AND VERIFYING EXISTING
YIELD SIGNS LOCATED WITHIN THE NEWLY ANNEXED AREA OFF OF
FM 518 NOW WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND PURSUANT TO ORDINANCE NO. 708, UPON CULLEN
BOULEVARD (FM 865) AT ITS INTERSECTION WITH FM 518 FOR
THE RIGHT TURN LANE ONTO FM 518 AND UPON FM 518 AT ITS
INTERSECTION WITH CULLEN BOULEVARD (FM 865) FOR THE TURN
LANE ONTO CULLEN BOULEVARD (FM 865); PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERA-
BILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE, PUBLICATION AND CODIFICATION; AND DECLAR-
ING AN EMERGENCY BECAUSE THE NEED FOR YIELD SIGNS AT
INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Article 6701d, Section 91(a), of the Texas Revised
Civil Statutes Annotated (newly codified as Section 544.003 of the
Transportation Code), provides, in part, that local authorities
may, with reference to highways under their jurisdiction, designate
any intersection as a yield intersection; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Pursuant to the grant of authority contained in
the preamble hereof, pre-existing yield signs at the following
intersections are hereby recognized, authorized, and verified:
WEST FM 518 ANNEXATION:
CULLEN BOULEVARD (FM 865) traffic signal with right turn yield
sign;
WEST BROADWAY (FM 518) traffic signal with right turn yield
sign.
Section 2. 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).
Section 3. The Council finds and determines that the need to
establish yield signs inures to the benefit of the travelling
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
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ORDINANCE NO. 712
to be read on two (2) separate occasions be, and the same is hereby
waived.
Section 4. 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. 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 compe-
tent 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. All ordinances and parts of ordinances in
conflict herewith are hereby repealed but only to the extent of
such conflict.
Section 7. 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. 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.
PASSED and APPROVED on First and Only Reading this the J/ N day
of , A.D., 1995.
ATTEST:
YOLA C _ BENI``fEZ
CITY 'SECRETARY
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TOM REID
MAYOR
ORDINANCE NO. 712
APPROVED AS TO FORM:
Y OTE. McCULL• GH
CITY AT •RNEY
VOTING RECORD (FIRST AND ONLY READING DECEMBER 11, 1995
Voting "Aye" - Councilmembers Beckman, Cole, Weber & Richardson
Voting "No" - None
Motion Passed 4 to 0. ( Councilmember Tetens was absent)
PUBLICATION DATE: DECEMBER 20, 1995
EFFECTIVE DATE: DECEMBER 30, 1995
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND.
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