Ord. 1457 2011-11-14ORDINANCE NO. 1457
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 (CULEN PARKWAY),
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 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 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 following prima
facie speed limits, hereafter indicated for vehicles 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, described as
follows:
ORDINANCE NO. 1457
1) Along FM 865 from north city limit of the City of Pearland to the centerline of
FM 518, a distance of approximately 1.850 miles, the speed limit shall be 45
MPH.
2) Along FM 865 a school zone, from point of 20 feet south of Hawk Road (C.R.
667) to a point of 20 feet north of Hughes Ranch (C.R. 403), a distance of
approximately 0.398 mile, the speed limit shall be 30 MPH when flashing.
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.
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ORDINANCE NO. 1457
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
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 14 day of November, A.D., 2011.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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VOTING RECORD FIRST AND ONLY READING
NOVEMBER 14, 2011
Voting "Aye" Councilmembers Owens, Shreman, Thompson
and Sherrouse.
ng "No None.
„Motion passed 4 to 0, with Councilmember Harris absent.
PUBLICATION DATE:
November 23, 2011
EFFECTIVE DATE: December 2, 2011
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS