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HomeMy WebLinkAboutOrdinance No. 361 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR A MAXIMUM RATE OF SPEED OF THIRTY (30) MILES PER HOUR ON SPARKS ROAD, A MAXIMUM RATE OF SPEED OF TWENTY (20) MILES PER HOUR ON THE ROAD BEGINNING AT STEWART'S CREEK PARK AND ENDING AT LEWISVILLE LAKE AND A MAXIMUM RATE OF SPEED OF TEN (10) MILES PER HOUR ON ALL OTHER ROADS LOCATED IN STEWART'S CREEK PARK; PROVIDING FOR THE POSTING OF SPEED LIMIT SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO HUNDRED DOLLARS i~OR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DULLING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PI'~CVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of The Colony, Texas (the "City") is empowered under Article 1197, Vernon's Annotated Texas Civil Statutes ("V.A.T.C.S.") and its Home Rule Charter to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health; and WHEREAS, the City under Article 1175, V.A.T.C.S., is given control and power over the streets and roads of the Town including the power to regulate said streets and roads; and WHEREAS, the City Council is authorized under Sections 26 and 27 of Article 6701d, V.A.T.C.S., to adopt local traffic regulations with respect to streets and roads under its jurisdiction; and WHEREAS, the City Council is authorized under Section 169 of Article 6701d, V.A.T.C.S. to alter the prima facie speed limits within the corporate limits of the Town; and WHEREAS, the City Council desires to establish regulations governing the maximum speed of vehicles within the corporate limits of the Town; and WHEREAS, upon the basis of a traffic investigation taking into con- sideration the health, safety and general welfare of the citizens of the community, the number of children residing in and throughout the City, the type of development throughout the City, the width and condition of the pavement or other surface of the streets and roads within the City, the usual traffic thereon, and other circumstances on such streets and roads, the City Council hereby finds and determines it is necessary that a reasonable and safe prima facie maximum speed limit on the streets and roads within the corporate limits of the City be set. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the above and foregoing preamble '~s incorporated herein as if copied herein in its entirety. Section 2. That it is determined and declared that a reasonable and safe prima facie maximum speed limit on Sparks Road, being an extension of North Colony Boulevard which ends at Stewart's Creek Park, is thirty (30) miles per hour. That it is determined and declared that a reasonable and safe prima facie maximum speed limt on the road which begins at Stewart's Creek Park and ends at Lewisville Lake is twenty (20) miles per hour. That it is determined and declared that a reasonable and safe prima facie maximum speed limit on all other roads located within Stewart's Creek Park is ten (10) miles per hour. Section 3. That speed limit signs in conformity with the manual and specifications for uniform traffic control devices as adopted by the State Highway Commission shall be and hereby are directed to be erected at the appropriate locations as determined by the Chief of Police. Section 4. That the Chief of Police or such representative as he may appoint, is hereby authorized and directed to cause speed limit signs to be posted and maintained throughout the City. Section 5. That if any section, paragraph, sentence, clause, phrase or word of this ordinance, or application hereof to any person or circumstance, is held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining sections and parts shall remain in full force and effect. Section 6. 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 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 continues. Section 7. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public welfare which requires that the provisions of this ordinance shall take effect upon the posting of the signs directed by Sections 3 and 4 above, and publication of this ordinance as provided by law, and it is accordingly so ordained. PASSED AND APPROVED this~ ay of /~_ , 1985. t~ oT~l~ Colony, Texas ATTEST: City Secretary, ~ of The Colony, Texas [SEAL] APPROVED: City Attorney, Cit~, of Th~'~golon¥, Text- -2-