Ord. 1048 01-14-02ORDINANCE NO. 1048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RECOGNIZING THE CERTAIN RIGHT OF WAY AS BEING LOCATED
WITHIN THE CITY FROM CULLEN BOULEVARD EAST TO OLD CHOCOLATE
BAYOU ROAD; NAMING SAID SECTION OF RIGHT OF WAY AS FREEDOM
DRIVE; ESTABLISING A STOP SIGN ON FREEDOM DRIVE IN A WESTERLY
DIRECTION AT ITS INTERSECTION WITH CULLEN BOULEVARD AND
ESTABLISHING A SPEED LIMIT ON SAID SECTION OF FREEDOM DRIVE AT
30 MILES PER HOUR; 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF
THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, it is the City's policy to name City streets to avoid confusion with other
streets that are located within the City limits; and
WHEREAS, the Transportation Code provides, in part, that local authorities may,
with reference to highways under their jurisdiction, enforce traffic control devices including
speed limit signs; and
WHEREAS, setting the speed limit at 30 miles per hour on Freedom Drive is
necessary in order to meet new traffic needs; and
WHEREAS, this change will bring Freedom Drive into compliance with the city's goal
of bringing non -highway thoroughfare and collector streets into general urban character
consistent with urban needs as they develop; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain right of way from the eastern right-of-way line of Cullen
Boulevard east to the Old Chocolate Bayou Road is hereby recognized as being included
within the City limits of Pearland.
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ORDINANCE NO. 1048
Section 2. That section of roadway from the eastern right-of-way line of Cullen
Boulevard east to Old Chocolate Bayou Road is hereby named as Freedom Drive.
Section 3. That a stop sign shall be located on Freedom Drive in a westerly direction
at its intersection with Cullen Boulevard.
Section 4. Pursuant to the grant of authority contained in the preamble hereof,
speed limit signs on Freedom Drive are hereby set at 30 miles per hour.
Section 5. 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 6. 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
(5200.00).
Section 7. 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 8. 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.
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ORDINANCE NO. 1048
Section 9. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 10. 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 11. 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 12. Declaration of Emergency. The Council finds and determines that
speed limit signs in this area of Jasper Road inures to the benefit of the travelling 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.
PASSED and APPROVED on First and Only Reading this the 14 day of January ,
A. D., 2002.
ATTEST:
T• 1 REID
MAYOR
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ORDINANCE NO. 1048
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD (FIRST AND ONLY READING
JANUARY 14, 2002)
Voting "Aye" - Councilmembers Seeger, Wilkins,
Marcott, Owens, and Tetens.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: JANUARY 16, 2002
EFFECTIVE DATE: JANUARY 26, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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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
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:irculation in Brazoria, Harris & Galveston Counties, for / issues, :es ollows:
No •/ Date / —/C = 20.
No. Date _ 20
No Date 20
No Date 20
No. Date 20
President
Subscribe and sworn to before me this / day of
)0 D')—
LAII to `�� ;t Laura Ann,Emmons, Publisher.
ff i...i jli
'ct ry Fi tt'c St
ele
�omF., CoCommi*en Ex 9-02
Q°-es �_ c Notary Public, 'State of Texas
Ordinance No. 1048
Published Jan. 16, 2002
I ORDINANCE NO.1048 - • -
s
An ordinance of -the City
I Council of the City of •
' Pearland, Texas, recogniz
-ing.the certain_right of way!
as being located within the!
l City from Cullen Boulevard
east to. Old Chocolate!
II Bayou Road; naming said
( section of right of way as l
I Freedom Drive; establish -
ling a stop sign on Freedom
Drive in a westerly direction
tat its Intersection with
Cullen Boulevard and
establishing a speed limit I
ion said section of Freedom
Driveat 30 miles per hour;,,
!providing -a penalty -for vio-'
lation; containing a savings
clause, a severability
clause and a repealer:,
clause; providing an effec-i
Nye' date, for publication'
and for codification; and;
declaring an emergencyl
because the need for speed,
limit signs in this area'
inures to the benefit of,the'
traveling public and, there
fore, bears directly upon
the health, safety and wel- ,
fare of the citizenry.
•
Section 6, Penalty. Any per-
son who shall violate the pro-
visions of this section shall be
-deemed guilty of a• misde-
meanor and shall, upon con-
viction by a court of compe-
tent jurisdiction, be punished
by a fine in any sum not
exceeding Two Hundred
Dollars ($200.00).
PASSED and APPROVED on
First and Only Reading this
the 14 day of January, A.D.,
2002.
/s/ Tom Reid
Mayor
ATTEST:
/sl Young.Lorling
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney
VOTING RECORD (FIRST
AND ONLY READING JANIJ=
ARY 14, 2002)
•
Voting "Aye" - Councilmem-
bers Seeger, Wilkins, Marcott,
Owens and Tetens. _ -•
Voting No - None.
•
Motion passes 5 to 0.
Publication Date:
January 16, 2002
Effective Date: -
January 26, 2002
Published as required b
Section 3.10 of the Charter c
the City of Pearland, Texas. ,