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HomeMy WebLinkAboutOrdinance No. 2026-2664CITY OF THE COLONY, TEXAS ORDINANCE NO. 2026 - ZU(P i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 18, BY ADDING A NEW ARTICLE VII, SECTIONS 18-130 TO 18-133, ENTITLED "AUTOMOBILE FATALITY MEMORIAL MARKER" BY ESTABLISHING REGULATIONS FOR THE PLACEMENT OF AUTOMOBILE FATALITY MEMORIAL MARKERS ON CITY STREETS WITHIN THE CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 311.001 of the Texas Transportation Code provides that a home -rule municipality has exclusive control over and under the public highways, streets, and alleys of the City, and may control, regulate, or remove an encroachment or obstruction on a public street or alley of the City; and WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to amend the current Chapter 18, by adding a new Article VII, Sections 18-130 to 13-133 to address Automobile Fatality Memorial Markers within the City of The Colony, Texas; and WHEREAS, the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfare of the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 18, by adding a new Article VII, Sections 18-130 to 18-133, entitled "Automobile Fatality Memorial Marker," which shall read as follows: "ARTICLE VII.- AUTOMOBILE FATALITY MEMORIAL MARKER Sec. 18-130. Purpose. The purpose of this Article is to: (a) To allow the installment of a memorial marker for an individual(s) who lost their life as a result of an automobile accident occurring on a city maintained right of way such as a street, sidewalk or alley. (b) Requests and installation of memorial markers on state or federally maintained rights of way should follow the process defined by those jurisdictions. Sec. 18-131. Qualification, Application and Request. (a) Markers are limited to traffic -related fatalities occurring on city -maintained rights of way within City limits. (b) The request to place a marker can be submitted by the victim's family on a form provided by the City. (c)l The request may be submitted by someone other than a family member so as long the request includes written permission from the family. (d) No more than one marker will be allowed per victim or accident. Sec. 18-132. Memorial Marker Design and Placement. (a) Approved memorial markers will contain the victim's name and date of birth. (b) Memorial markers will consist of a MUTCD (Texas Manual on Uniform Traffic Control Devices) compliant pole sign installed and maintained by the City. (c) Placement and Time Frame. (1) In conjunction with the memorial marker requestor(s), the City Manager or designee will determine the safest placement of the marker to avoid traffic interference. (2) Memorial marker signs once installed will remain in place for a period of two (2) years and provided to the family of the victim once removed. Sec 18-133. Unauthorized Memorial Placement. The City may remove any unauthorized memorial installed in City maintained right of way consistent with the City's Code of Ordinances, as amended." SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 15TH DAY OF SEPTEMBER 2026. ATTEST: Tina Stewart, T `RMC, CMC, City Secretary APPROVED AS TO Jeffrey L. More, City Attorney Richard Boyer, May City of The Colony, ..........a men: