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Ord. 1018 07-23-01ORDINANCE NO. 1018 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 MAGNOLIA BOULEVARD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARKEY ROAD; 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 intersection is designated as a stop intersection: Upon Magnolia Boulevard in a westerly direction at its intersection with Harkey Road. 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. 1 ORDINANCE NO. 1018 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. 1018 PASSED and APPROVED on First and Only Reading this the 23rd day of July, A.D., 2001. ATTEST: UNG Y SE ETARY APPROVED AS TO FORM: (3s DARRIN M. COKER CITY ATTORNEY 3 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 STODSIGN MAGNOLIA BLVD r r a.t. SHEET w.atT. sxe VaWre'1 Om 'Pea taw ar w I lam Ina. HWWavE OF 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 / issues, as follows: No. / Date l ZS No. Date No. Date No. Date No.: Date Subscribe and sworn to before me this L� !ODi PEAR ESTABLIS TOPrSIQNS WT3 .. ;'THE CORPORATE L!* IT$ Of THE CITV<`. kPEARLAND Uit NOLJIBOULE TION"'-WI Ni ROAR, ROV, .: PENAL FOR `VIOL TION, t:ONTAIININt A` s,SAVINGS.CLAUSE, A SEVERAEIUTY,CLA AKA= REPEAJ CtA, SE, PROVIDI AN E CTIVEly iOA' PUBLICA'pf q NDjiFOR CO,DIFIC N EME g ?`BECAUSE, THE, DER o ESTADLISN:S ? SIGNS AT INT EFPfOF' ELI 4 PUBLIC,` 110. THEREFORE,: )E° DIR€CTLV J1 : •WELE LTH, SAF TY FARE OF TIIEr, :NRY Penalty, Any �Ay o shall_vlolgta: rdvSione' ,ot WI ter halltbe :deer9.d+ amis0erns. .e uporteorn iu bepud byaTaany sm Mot sE i;T!? H ' PAS.SECIed'APP OVA ..ED:-pn First .and Gnly 4 ding StNeFthe 23I tIyt AR 206 ' tom Retd Mayor ATTEST_`' }'f tYoung;Lorfing Olty Secretary ' Charter Tel NCENQfi