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HomeMy WebLinkAboutOrdinance No. 098 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ALTERING THE PRI~ FACIH SPEED LIMITS ESTABLISRHD FOR VEHICLES UNDER THE PRO- VISIONS OF SECTION 169(b) OF ARTICLE 6701d VERNON'S ANNOTATLD CIVIL STATUTES, UPON FARM ROAD NO. 423 OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF THE COLONY AS SET OUT IN THIS ORDINANCE; REPEALING ORDINANCE 93; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR ThE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 169(b) of Article 6701d, Vernon's Annotated Civil Statutes of the State of Texas, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any maximum prima facie speed limit therein set forth is greater than is reasonable or safe under the conditions found to exist upon any part of a street or highway within the City, taking into consideration the condition 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 shall be effective when appropriate signs giving notice thereof are erected at such inter- sections or other place or part of the street or highway; NOW, THERE- FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF T~E COLONY, TEXAS: SECTION 1. Upon the basis of an engineering and traffic investi- gation, heretofore made as authorized by the provisions of Section 169(b) of Article 6701d, Vernon's Annotated civil Statutes, a maximum prima facie speed limit of forty-five (45) miles per hour for motor vehicles is hereby established, and is determined and declared to be reasonable and safe under the conditions, upon the named streets and highways, or parts thereof, described as follows: On Farm Road 423 beginning at (Station 632 + 33) its intersection with State Highway 121 in the City of The colony, Texas, thence in a northerly direction for a distance of 2.412 miles, approximately, to the point (Station 504 + 95) of its intersection with the north City Limits of the City of The Colony, ... SECTION 2. That from and after the date of passage of this ordinance no person shall drive or operate any motor vehicle along and upon such portions of Farm Road 423 within the corporate limits of the City of The Colony in excess of such speed and any evidence of any speed in excess of such limit shall be prima facie evidence that the speed is not reasonable or prudent under the circumstances then existing and is unlawful. SECTION 3. The Mayor of The Colony is hereby authorized to cause appropriate signs indicating such speed zone to be erected giving motorists notice of such speed limit. SECTION 4. Ordinance 93 is hereby repealed. SECTION 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined in any s~ not to exceed TWO HUND~D DOLLARS ($200.00). SECTION 6. This ordinance shall become effective from and after its passage and the publication of the caption as the law and charter in such cases provide, but the speed limit established shall not be effective unless and until appropriate signs are erected on such highway giving motorists notice thereof. DULY PASSED ON FIRST ~ADING BY THE CITY COUNCIL ON THE ~ DAY OF FEBRUARY, 1980. DULY PASSED ON SECOND ~ADING BY THE CITY COUNCIL ON THE 'chard T r ATTEST: Jan~.' Carroll, City Secretary PROVED AS TO LEGALITY OF FORM: City Attorney