Ord. 1067-1 12-15-03ORDINANCE NO. 1067-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING
AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS
OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY, AND DECLARING AN EMERGENCY.
WHEREAS, § 545.356,Texas Transportation Code, 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 of 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 of highway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. Upon the basis of an engineering and traffic investigation heretofore
made as authorized by the provisions of § 545.356, Texas Transportation Code, the prima
facie speed limits, attached hereto and incorporated as Exhibit "A", 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, as shown on Exhibit "A".
ORDINANCE NO. 1067-1
Section 2. Penalty. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any
some not more than Two Hundred Dollars ($200).
Section 3. 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 4. 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 5. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 6. 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 7. 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 8. Declaration of Emergency. The Council finds and determines that vehicle
speed 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
ORDINANCE NO. 1067-1
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 the First and Only Reading this the 15th day of
December , A.D., 2003.
ATTEST:
APPROVED AS TO FORM
di„
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
DECEMBER 15, 2003
Voting "Aye" - Councilmembers Seeger, Marcott, Tetens,
Owens, and Viktorin.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: December 24, 2003
EFFECTIVE DATE: January 4, 2004
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
The conditions and covenants are hereby declared to be covenants running with
the land and shall be fully binding upon all persons acquiring any interest in the
property described herein, whether by descent, demise, purchase, gift, or otherwise.
ACCEPTED and AGREED to this the 8th day of December , 2003.
CITY OF PEARLAND
By:
Bill Eisen
City Manager
R H of Texas, Limited Partnership
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