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Ord. 1017 07-23-01ORDINANCE NO. 1017 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 SONGBIRD DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH AUBRELL STREET (GARDEN GATE SUBDIVISION); 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; 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: Garden Gate Subdivision: Upon Songbird Drive in a westerly direction at its intersection with Aubrell Street. 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 1 ORDINANCE NO. 1017 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. 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. 2 ORDINANCE NO. 1017 PASSED and APPROVED on First and Only Reading this the 23rd day of July, A.D., 2001. ATTEST: NG Y SE ETARY APPROVED AS TO FORM: asev-6— H DARRIN M. COKER CITY ATTORNEY 3 1--;40 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING JULY 23, 2001) Voting "Aye" - Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: JULY 25, 2001 EFFECTIVE DATE: AUGUST 5, 2001 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS City of Pearland, Texas STOPNSIGN GARDEN GATE S lens N-. tICIIMIL I VEIR•t% w Pea LOIN WCar ra x RIROVE at R AFFIDAVITOF 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 j issues; as follows: No. / Date 1- LC 20 of No. Date 20 No. Date 20 No. Date 20 No Date 20 Subscribe and sworn to before me this 2L day of v 20 0! _O ORDINANCE N0i 191T RPL RAtiL ,C OF-ThE CITY OF, PEARLAND, VELINv`PUBLIC TNEREFORE,, RS„ DIRECTLY N,.THE;HEAL.TH,- AND WELFARE,, E CIEY• Penal)y.-., .htW tlf9 provist , orthi e: kpl, be p floe n'Q; oynot:' eedmg Two lurjdred FASO 4P Y 50 oo FJess '$ttd QAly Re dutg thjOlte 2f.O.4Ay ofJuty;A.D.,2QQ i3 /s/TonYRetd' Moyootb ATTEST: /s/ Young Lading 9•Ityseegetary r- Cou• hciI tags O,vgny,, ` Ilkms,'and lit` Mono.` inpasses5to0.;;.- zP0blteatjg0Date ..4Iury 252001 Cve Data:. Publfslfsd as laqtarSt 1$eotfe 810 at- the., Chartot of the City Of. • ,Pee,Texas Ca NO. 1017 '