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Ord. 1014 07-09-01ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON TIPPERARY DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH BOGEY WAY, UPON TIPPERARY DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH BOGEY WAY, UPON BOGEY WAY IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH TIPPERARY DRIVE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, 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 stop intersection; and WHEREAS, a multi -way stop sign warrant analysis for Tipperary Drive at Bogey Way has been prepared; and WHEREAS, based on the available data, interim usage of a multi -way stop sign in advance of installation of a traffic signal is warranted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, the following intersections are designated as stop intersections: Upon Tipperary Drive in an easterly direction at its intersection with Bogey Way; Upon Tipperary Drive in a westerly direction at its intersection with Bogey Way; Upon Bogey Way in a northerly direction at its intersection with Tipperary Drive. 1 ORDINANCE NO. 1014 Section 2. Penalty. 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. Declaration of Emergency. The Council finds and determines that the need to establish stop signs 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. Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. 2 ORDINANCE NO. 1014 Section 7. Codification. 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. 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. PASSED and APPROVED on First and Only Reading this the 9 day of July, A.D., 2001. ATTEST: APPROVED AS TO FORM: tt DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING JULY 9, 20011 Voting "Aye" - Marcott, Seeger, and Wilkins. Voting "No" - None. Motion passes 3 to 0, with Councilmember Tetens and Councilmember Owens absent. PUBLICATION DATE: JULY 11, 2001 EFFECTIVE DATE: JULY 21, 2001 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS ro w z 0 0 w 0 0 w iNti a AVM Aa00g 0 N Q to en O N en a oZ o0 o D 0 L. ox (713) 446-8167 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper: of general circulation in Brazoria, Harris & Galveston Counties, for 1 issues, as follows: No. 1 Date • -7- II 20 'G( No Date 20 No. Date 20 No. Date 20 No. Date 20 subscribe and sworn to before me this (� 0 b/ Published Arlf- 99t QIERNANOI N0. t014 , AN ORDINANCE ORTNE CITY;COIINCIL OF THE CITY ',OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE LEGALS CORPORATE -LIMITS OF THE CITY QF:PEARLAND UPON ,PEMRY DRIVE A NL,Y DIREC- INN, $ INTEERSEC DN WITh BOGEY WAY, I�PEAARY� N4W.E$ TION A" C. WAY, AY IN A ERLY DIRECTIQN,. 'IbR A PPE TAI CLA*A SEV TY CUI1UySi*' NL REPEALER-'t CAUSE, PROVIDING AN EFFEC PObI don dala>I!j TIVE DATE, FOR 12001 a 1/4 C4N,,AND OR•CO E1�cbvedate JuIy21,z¢DI att.AND DECLAR- r METIGENCY Published as reziuued by LL$ d_ 'rT$ 4t nCRYR8,19_1$>c .AT INTERS daXA ATTEST lsl Yqun rVQT1.09- t QED. (FIRST AND. 9 LY ilaDlN,a JgLY 9 g,0b1j Voting "(tya'; cr r Mu, $eojer,A9chti b Voting No -NOne, Motlon passes 3 tb 0, Wl Cs9tq mem er Tel atntFtt AT, BEARS DIIIEO THE HEALTH, • ,WELFARE QF TIIE Y. 1� Ponalty. Any aw tfre' pr1s"qf this aeellot be40Md hY01 _,,fa emean0rerld sbalIL upon cgpvictan by a0u0 ot'aompetent junSMOtlibe Eun1@hed by a31Ip a ttal a sof rad,Rp1I FASSED'and_APPROVED: .-tioArstl and°Only Reading Shin dayd Y_A,D;