Ord. 0625 04-06-92 ORDINANCE NO. 625
AN ORDINANCE ESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT
TO 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, AS SET OUT IN THIS
ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND
CODIFICATION; AND DECLARING AN EMERGENCY AS THE NECESSITY OF
HAVING CORRECT SCHOOL SPEED ZONES BEARS IMMEDIATELY AND
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CHIL-
DREN OF THE CITY OF PEARLAND, TEXAS.
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 intersec-
tion 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:
~ Based upon an engineering and traffic investigation
heretofore made as authorized by the provisions of Article 67Old,
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, described as follows:
Along SH 35 from the north city limit to a point 385 feet south
of Rice Dryer Road, a distance of approximately 1.619 miles
50 mph.
Along SH 35 from a point 385 feet south of Rice Dryer Road to
Orange Street, a distance of approximately 0.346 mile - 45 mph.
Along SH 35 from Orange Street to a point 660 feet south of
Walnut Street, a distance of approximately 0.767 mile - 35 mph.
Along SH 35 from a point 660 feet south of Walnut Street to the
south city limit, a distance of approximately 2.548 miles - 45
mph.
Along SH 35, a school speed sone from a point 2904 feet south of
John Lizer Road to a point 2323 feet north of Industrial Road, a
distance of approximately 0.400 mile - 30 mph when flashing.
~ 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 Dollars
($200.00).
~ If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is, for any reason, held invalid or un-
constitutional 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.
~ 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.
~ 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.
~ All rights and remedies which have accrued in the
favor of the City under other ordinances establishing speed sones in
the subject area shall be preserved for the benefit of the City.
~ 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. This
Ordinance shall then become effective ten (10) days from and after its
publication, or the publication of its caption and penalty, in the of-
ficial City newspaper.
~ The City Council finds and determines that the need
for correct school zones to be in place as soon as possible
constitutes an immediate emergency affecting the health, safety and
welfare of the children of the City of Pearland, 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 on its FIRST and ONLY required reading under
Section 3.10 of the City Charter of the City of Pearland, Texas on
this the ~.. day of ~~-~ , A. D.,
1992.
MAYOR /~O r~/
ATTEST:
APPRQ~VED AS ~0 FORM:
LESTER G. RORICK
CITY ATTORNEY
VOTING RECORD (FIRST AND ONLY RRADING) APRIL 6, 1992
Voting "Aye" - Councilmembers Weber, Frank, Colson and Wolff
Voting "No" - None
Motion passed 4 to 0, with Councilmember Miller serving as Mayor Pro Tem
and electing not to vote.
PUBLICATION DATE: APRIL 15, 1992
EFFECTIVE DATE: APRIL 25, 1992
PUBLISHKI) AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TR~AS.