Ord. 0629-02 07-23-01ORDINANCE NO. 629-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 629, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, ESTABLISHING
AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT
TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON
THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION,
UPON FM 518, 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 FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED
LIMIT IN THIS AREA INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Article 6701 D, 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 intersection
or other place or part of the street or highway; now, therefore,
1
ORDINANCE NO. 629-2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Based upon an engineering and traffic investigation heretofore
made as authorized by the provisions of Article 6701 D, 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:
(A) Along Broadway Street (FM 518) from centerline of Airline Road (CR48)
to the centerline of SH 288, a distance of approximately 1.78 miles -
30 MPH.
(B) Along Broadway Street (FM 518) from centerline of SH 288 east 875
feet west of Anthony Street, a distance of approximately 5.006 miles -
50 MPH.
(C) Along Broadway Street (FM 518) from 875 feet west of Anthony Street
to 70 feet west of Washington Street, a distance of approximately
0.964 miles - 45 MPH.
(D) Along Broadway Street (FM 518) from 70 feet east of Washington Street
to 540 feet east of Sherwood Street, a distance of 1.146 miles -
40 MPH.
2
ORDINANCE NO. 629-2
(E) Along Broadway Street (FM 518) from 540 feet east of Sherwood Street
to 370 feet west of Country Club/Liberty Drive, a distance of
1.090 miles - 45 MPH.
(F) Along Broadway Street (FM 518) from 370 feet west of Country Club
Drive to the east city limits, a distance of 2.455 miles - 50 MPH.
(G) Along Broadway Street (FM 518) a school zone from Anthony Street to
150 feet east of Cunningham Street, a distance of 0.273 miles - 30 MPH
(when flashing).
(H) Along Broadway Street (FM 518) a school speed zone from Park Avenue
to 224 feet east of Old Alvin a distance of 0.392 miles - 30 MPH
(when flashing).
Section 2. All distances noted herein are approximations, to be used only for
identification purposes and any discrepancies or variations in those distances are not
to be construed against the City.
Section 3. 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).
3
ORDINANCE NO. 629-2
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.
Section 9. Emergency. The Council finds and determines that the need to
regulate the speed limit in this area inures to the benefit of the traveling public and,
4
ORDINANCE NO. 629-2
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 on First and Only Reading this the 23' day of Julv,,
A.D., 2001.
ATTEST:
APPROVED AS TO FORM:
(a,w.:. M. C�rOc-..
DARRIN M. COKER
CITY ATTORNEY
5
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
31VOS 01 10N
Nye th
LA a
iz O o
MUM[ RO.(CR 48)
T
LIBERTY WINE
CBWRR, BWB RD.
EAST arc LIMITS
9
Aim
0yrig
0
n
0
f
m
iB�
'y
n
C.•
O
u
1-3 Cc
▪ tr• i
A C.
O
h
A
b
A
4
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 1- 2S 20 0i_
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
'0 01
Z‘,
President
day of dite-gy,
Putished m 25; 2001 ;
ORDINANCE NO; 2.
AN.GRD S Hra;-
CITY C NO0. OF THE
CITY' OF PEARLAND,
TEXAS :AMENDING`ORDI•
NANCE N0c 629;: AS IT
MAY HAVE. BEEN, FROM
TIME TO TIME, AMEND -
ESL ESTABLISHING AND
REEETAB}ASHING PRAlA-
FACJI SPEED .LIMITS
PURSUANT TO ART(O
RID, Mat,
givU_STATWE IJJ
APm 9AG E
NEF,EENG 4ND TRA,
INVESTLGATJON UE
PM'5I6, OR A7
THIREOP, WITjN.
eD PQRATEi
IS err( OF`PaRLAND,
AST Qd1,TzIN THIS
•ORDINANCE,. PROVIDING
APENALTY,FOR VIOLA-
TION; CONTAINING A
SAVINGS. CLAUSE, A
SEVERAEILITY,CLAUSE
ANP A RPE CLAUSE, PROV1DD
FQR(BLIDATIOl
IFIOATION., AJ*D
EFP CTIVE=DATi,�,
DE 4;ARINS AN
GENCY BEoag
NEE) TO REGULATE
SPEED cLIMI? IN THIS
AREA INURES "TO THE
BENEFIT OF THEt
ELING PUBLIe,
THEREFORE,, !+,5 ,
DIRECTLY ,UPN T
HEALTH, SAP TY AND
IN R E N, CITi.
ZEN
Section S. Penalt
person who shall
provision; ofl lion
shall -be dee -of a
misdlmp@F,hD d shall,
Upon kqgllqfl byt court
of coMdeteldjunsdiction, be
Peribtaftafine in any
sum"'niit exceeding Two
Hundred Dollars (E200A0).
PASSED and APPROVED
on First and Only: Reading
CIA
his tha X1
`AD , 2001.=
"ATTEST;' >
`"9(4bungLotfng
fly s arY
ROVEDAS TO FORMS tamn M. Coker
Attorney,
ING'RECORD (FIRST
&ONLY. READING
` Voting '.Ayee - Cbvncil,
-raimbers Tetens, Owens,
-:Marpott ,; Wilkins, and
SS�ee@ger
Voting No_-Nene ''
*Sion pasags5 too.
Ppblication Date:
,htiy 25,'2001;
Effective Date > ` -
,AUgust5,200t .
1'ubhshetl'as r.equired:by
Section`3;10-of`the Charter
gf tharQfly°1 Pearland,
Texas
ORDINANCAND, 6294