HomeMy WebLinkAboutOrdinance No. 461 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 PAIGE ROAD; AMENDING SCHOOL ZONE
HOURS AND CERTAIN SCHOOL ZONE AREAS; PROVIDING
A SEYERABILITY CLAUSE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER
ORDINANCES OF 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 faeie speed therein set forth is greater or less than is reasonable or safe
under the eonditious 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 faeie 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
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 1. That all of the above premises are found to be true and correct
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 all other chapters, sections, subsections, paragraphs, sentences,
words and phrases of said Code are not amended but are herey ratified, verified,
approved and affirmed:
A. That Section 19-10 of Chapter 19 relating to speed limits is amended
to read as follows:
"Sec. 19-10. Speed limits - Generally.
· · · · · · · · · · · · · ·
"(b) Upon the basis of am engineering and traffic investiga-
tion, the city council hereby alters the maximum prima faeie
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)
"Paige Road From its intersecting point with
North Colony Boulevard to its
intersecting point with Avery Lane 35
'Paige Road From its intersecting point with
Avery Lane to its intersecting
point with State Highway 121 40"
B. That Section 19-11 of Chapter 19 relating to speed limits in school
and traffic zones is amended to read as follows:
"Sec. 19-11 Same - In school traffic zones.
'(a) Upon the basis of an engineering and traffic
investigation, the following streets are designated school
traffic zones. The maximum lawful prima facie speed limits
hereinafter indicated for vehicles are hereby determined and
declared to be reasonable and safe, and such speed limits are
hereby fixed for vehicles traveling upon the following named
streets and highways, or parts thereof, during the hereinafter
designated hours on school days, either when such hours are
described on official school traffic zone speed limit signs
located at said zones or when school traffic zone signs bearing
a flashing amber light and located at said zones are in
operation. Said speed limits shall be in effect on school days
from the hours of 7:00 a.m., to 9:00 a.m., and from 2:45 p.m.,
to 4:15 p.m. The maximum lawful prima facie speed limit in
said school traffic zones during said hours shall be twenty (20)
miles per hour. The locations of said school traffic zones are
as follows:
'N. Colony Blvd. From a point 150 feet east of its
intersection with Allen Drive to a point
533 feet west of its intersection with
Ragan Drive.
"N. Colony Blvd. From a point 250 feet east of Joy Drive
to a point 260 feet west of Farm Road
Highway No. 423 (Main Street)
"Paige Road From its intersecting point with North
Colony Boulevard to 250 feet south of its
intersection with North Colony Boulevard
"N. Colony Blvd. From a point 250 feet east of its
intersection with Paige Road to a point
250 feet west of its intersection with
Paige Road"
'(b) Upon the basis of an engineering and traffic
investigation heretofore made as authorized by the provisions
of section 169(b) of Article 6701d, Vevnon's Texas Civil
Statutes, the following prima faeie speed limits hereafter
indicated for vehicles 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, ur parts thereof, described as
follows: No motor vehicle shall be operated along and upon
Farm Road Highway No. 423 within the corporate limits of the
city in excess of the speeds now set forth in the following
limits: Beginning at station 509 plus 85 to station 522 plus 85,
being a distance of 1,300 feet, a maximum speed of thirty (30)
miles per hour when so signed for sehool crossing locations.
0058J
Said speed limit shall be in effect on school days from the
hours of 7:00 a.m. to 9:00 a.m., from 11:00 a.m. to 12:00 p.m.,
and from 2:45 p.m. to 4:15 p.m."
Section 3. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance is held invalid
of unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance; and the City Council
hereby declares it would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain in fall force and
effect.
Section 4. That this ordinance shall be cumulative of all other ordinance of
the City affecting traffic and shall 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 ordinance.
Section 5. Any person violating any of the provisions of this ordinance shall
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 shah be deemed committed upon each day during or on which a
violation occurs or continues.
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 immediate 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 ~,~PPROVED_ ~v the City Council of the City of
Texas on this the /~tay of //J~~_~, 1986. The Colony,
~l~ay5r~, City~'rhe ~oloffy, Texas
ATTEST:
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas
OOSSJ
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