Loading...
HomeMy WebLinkAboutOrdinance No. 864 CITY 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 STATE HIGHWAY 121; 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 COMMITI~ED 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 ex~st 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; and WHEREAS, the City Council of the City of The Colony, Texas, (thc "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 Thc 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: 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 investigation, the City Council hereby alters the maximum prima facie speed limits upon the following named public streets, highways 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 Exterlt ~ State Highway 121 Beginning at said point (Station 582 55 plus 73) being The Colony North-East city limits thence continuing in a southerly direction along S.H. 121 for a distance of 2.415 miles, approximately, said point (Station 455 plus 20) being at The Colony South-West city limits. Section 3. ff any section, article paragraph, sentence, clause, phrase or word in his ordinance, or application thereto any persons or circumstances 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 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 and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas on this the7 ~ day of ~J~,.__ , 1994. William W. Mann/ng, Mayor ~ ATI'EST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: City A4tomey