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HomeMy WebLinkAboutOrdinance No. 99-1160 CItY OF ~HE C0~0~¥, ~$ ORDINANCE NO. 99-1160 AN ORDINANCE OF THE CITY OF THE COLONY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 545.356, TEXAS TRANSPORTATION CODE, UPON HIGHWAY NO. 423 OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF THE COLONY, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 545.356 if the Texas Transportation Code provides that whenever the governing body of the 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 the street or highway; WHEREAS, the City of The Colony, Texas, on the basis of an engineering and traffic investigation performed by the Texas Department of Transportation, a true and correct copy of which investigation is attached hereto and incorporated herein, desires to determine and declare a reasonable and safe prima facie speed limit on State Highway 423 within the corporate limits of The Colony, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Speed Limit. Upon the basis of an engineering and traffic investigation theretofore made as authorized by the provisions of Section 545.356 if the Texas Transportation Code, a true and correct copy of which investigation is attached hereto and incorporated herein, 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 street and highway, or parts thereof, described as follows: A. That from and after the date of the passage of this speed zone ordinance, no vehicle shall be operated along and upon State Highway No. 423 within the corporate limits of The Colony, Texas in excess of the speed now set forth in the following limits: All parts of State Highway 423 within The Colony, Texas 45 miles per hour Section 2. Posting Signs: Notice to Texas Department of Transportation: The Mayor of the City of The Colony is hereby authorized to cause to be erected, appropriate signs indicating and giving notice of such speed zones. The Mayor shall cause a true and correct copy of this Ordinance to be delivered to the Texas Department of Transportation. Section 3. Penalty. It shall be unlawful for any person to violate any provision of this ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 4. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting speed limits and vehicles and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 5. Severability. If sections, paragraphs, sentences, phrases, clauses and words of this ordinance, or application thereof to any person or circumstance is for any reason judged 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 Colony Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This ordinance shall take effect upon the adoption and publication hereof in accordance with law and upon the posting of signs giving notice of the speed limit established herein as provided by Section 2. PASSED AND APPROVED by the City Council of the City of The Colony, Texas onthisthe 6th dayof December 1999.f~~/) t~ '~qii~m W. M~anm'~g, Mayor ~ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: John Hill, City Attorney ~P~NTHER CREEK © LITTLE ELM SOUTH C.L, SMOTHERMAN RD. rT'l FRISCO ~ NORTH C,L ~ITT RD, r~'O NEWMAN RD, O0 0 © MATCH LINE A STEWARTS CREEK THE COLONY I~ NORTH C.L LAKE PARK DR. I© THE COLONy, NORTH C. L E, LAKE ~OHLANDS CARR ST, ~ ~ ~Ill ~, MATCH [NE B ~ DAILY DR, ~ I °,, ~ RIDGEPOINT COUGER__ALLEY ~ 0 (~'1 ~88 , S~ 121