HomeMy WebLinkAboutOrdinance No. 99-1161 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 99-1161
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. 121 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 121 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. 121 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 121 within The Colony, Texas 55 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
on this the 6th day of December 1999.
am W~ing, Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
John Hill, City Attorney
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