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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 -1- 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 -2- 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. --3-