HomeMy WebLinkAboutOrdinance No. 434 OITY 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 FARM TO MARKET ROAD 423; PROVIDING A
SEVERABILITY 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 PRO-
VIDING 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 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 faeie speed Hmit 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 plane or part of the street
or highway; and,
WHEREAS, the City Coancil of the City of the Calony, 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 an engineering and traffic investiga-
tion, the city council hereby alters the maximum prima facie
speed limits upon the follo-~mg named public streets, l~Jghv:ays
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)
Farm to Market From station 502 plus 65,
Road 423 being the North limits of the
city, continuing along FM 423
in a Southerly direction for a
distance of 2.392 miles,
approximately, to station 628
pins 96, being near State highway
121 45~nph"
B. That Section 19-11 of Chapter 19 relating to speed limits in school
and traffic zones is amended to read as follows:
"See. 19-11 Same - In school traffic zones.
(b) Upon the basis of an engineering and traffic investiga-
tion heretofore made as authorixed by the provisions of
section 169(b) of Article 6701d, Vernon's Texas Civil Statutes,
the following prima facie 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, or 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 plns 85, being a
distance of 1,300 feet, a maximum speed of thirty (30) miles
per hour when so signed for school crossing loeatious. Said
speed limit shall be in effect on school days from the hours of
7:00 a.m. to 9:00 a.m., from 11:30 a.m. to 12:00 p.m., and
from 2:30 p.m. to 4:30 p.m."
Section 3. If any section, article, paragraph, sentence, elanse, 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 full 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 ardinanee shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a
fine in a sam 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 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 ~qd after the date of its passage mud it is
ancordingly so ordained.
· PASSED AND A~PROVE])~ by the City Council of the City of The Colony,
~ Texas on this the~/~y of ~, 1986.
or ,~5~--~'~Th~ olony, Texas
ATTEST:
Ci[y Secretary', Ci{;y of The Co o y, Texas
~EAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas