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HomeMy WebLinkAboutOrdinance No. 779 CITY OF THE COLONY, TEXAS ORDINANCE NO. ? 7~ 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 SCHOOL ZONE AREAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMUI~TIVE 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 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 shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of thc 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 hereby ratified, verified, approved and affirmed: "Sec. 19-11. Same - In school traffic zones_ Sec. 19-11 (a) The following school traffic zones shall be deleted from this section: N. Colony Blvd. From a point 250 feet East of its intersection with Palge Rd. to a point 250 feet West of its intersection with Paige Rd. Palge Road From its intersecting point with N. Colony Blvd. to 250 feet south of its intersection with N. Colony Blvd. Paige Road From its intersecting point with Slay Dr. to its intersecting point with Gates Dr. Sec. 19-11 (c) shall be added as follows: "Upon the basis of an engineering and traffic investigation, the following streets are designated school traffic zones. The maximum 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 public streets, 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 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 3:00 p.m. to 4:30 p.m. The maximum lawful prima facie speed limit in said school traffic zones during said ours shall be twenty (20) miles per hour. The locations of said school traffic zones are as follows: N. Colony Blvd. From a point 250 feet East of its intersection with Paige Rd. to a point 250 feet West of its intersection with Paige Rd. Paige Road From its intersecting point with N. Colony Blvd. to 250 feet south of its intersection with N. Colony Blvd. Paige Road From its intersecting point with Slay Dr. to its intersecting point with Gates Dr." 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 or 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 this 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 ordinances 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 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 welfar.e of the inhabitants of the C!ty of The Colony, Texas, creates an emergency for the immediate preservation of the pubhc 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. PASSEDA AND AP?ROVED by the City Council of the City of The Colony, Texas on this the ~ day of2~~~~ /~ William W. Manning,/~Iayor ~ ATTEST: Patti A. Hicks, CMC/AAE City Secretary [SEAL] APPROVED AS TO FORM: City Attorney