HomeMy WebLinkAboutOrdinance No. 466 CITY OF THE COLONY, TEXAS ORDINANCE NO..~/~ ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY
BY AMENDING CHAPTER 19 OF THE CODE RELATING
TO TRAFFIC; AMENDING THE MAXIMUM PRIMA FACIE
SPEED LIMIT AND THE TERRITORIAL EXTENT OF
SUCH SPEED LIMIT ALONG NORTH COLONY BOULEVARD
AND SOUTH COLONY BOULEVARD; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE OF ALL OTHER ORDI-
NANCES O.F THE CITY RELATING TO TRAFFIC EXCEPT
TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 169(b) of article 6701d, Texas Revised Civil
Statutes Annotated (Vernon), as amended, provides that whenever the
governing body of a 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 shah be effective
when appropriate signs giving notice thereof are erected at such intersection
or other place or part of the street or highway; and
WHEREAS, the City Council of the City of The Colony, Texas,
(the "City") finds that the adoption of the maximum prima facie speed
limits set forth hereinafter is in the best interest of the health, safety
and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF THE COLONY, TEXAS:
Section I. That all of the above premises are found to be
true and correcL and are incorporated into the body of this ordinance
as if copied in their entirety.
Section 2. That Chapter 19 of the Code of Ordinances of the City of
The Colony, Texas (the "City") relating to traffic is hereby amended
in the following particulars, and that ail other chapters, sections,
subsections, paragraphs, sentences, words and phrases of said Code
are not amended but are hereby ratified, verified, approved and affirmed:
A. That Section 19-10 of Chapter ]9 relating to speed limits
is amended to read as fol}ows:
"Sec. 19-10. Speed limits - Generally.
"(b) Upon the basis of an engineering and traffic investigation,
the city council hereby alters the maximum prima facie speed
limits upon the following named public streets, highways and
alleys of the city, and determines and declares such speed
limits to be reasonable and safe, having regard to the actual
and potential hazards, for vehicles traveling thereon:
Street Extent Speed (mph)
North Colony Boulevard all of North Colony Boulevard 35
South Colony Boulevard all of South Colony Boulevard 35
Section3. If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereto any person
or c~rcumstance is held invalid of unconstitutional by a Court of compe-
tent jurisdiction, such holding shall not affect the validity of the re-
maining portions of this ordinance; and the City Council hereby dec]ares
it would have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 4. That this ordinance shah be cumulative of ali other
ordinance of the City affecting traffic and shah not repeal any of the
provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordi-
Section 5. Any person violating any of the provisions of this
ordinance shah be deemed guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine in a sum not to exceed Two Hundred
Dollars ($200.00) for each offense and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or con-
tinues.
Section 6. The fact that the present ordinances and regulations
of the City of The Colony, Texas, are inadequate to properly safeguard
the health, safety, morals, peace, and general welfare of the inhabitants
of the City of The Colony, Texas, creates an emergency for the immedia~
preservation of the public business, property, health, safety, and
general welfare of the public which requires that this ordinance become
effective from and after the date of its passage and it is accordingly
so ordained.
PASSED AND APPROVED by~t~he City ~ouncil of The City of
The Colony, Texas on this the ~-~lay of~ -, 1987.
May"t~,' City oi~T-fie Co'loWy, Texas
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
Cily Attorney, City of The Colony, Texas
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