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HomeMy WebLinkAboutOrdinance No. 04-1569 CITY OF THE COLONY, TEXAS ORDINANCE NO. 04-1569 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 19 TRAFFIC OF THE CODE OF ORDINANCES IN SECTION 19-11 SCHOOL TRAFFIC ZONES; REPEALING ALL REFERENCES TO REDUCED SPEED ZONES DURING THE TIMES OF 11:00 A.M. TO 12:00 P.M. IN CERTAIN SCHOOL ZONES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Lewisvillc Independent School District has eliminated half-day Kindergarten in The Colony's elementary schools; and WHEREAS, the need for reduced speed limits currently in place in certain school zones from 11:00 a.m. to 12:00 p.m. no longer exists; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. AMENDMENT That Chapter 19 of The Colony Code of Ordinances is amended by amending Section 19-11 by amending subsection (b) by removing references to the school zone hours of 11:00 a.m. to 12:00 p.m. and by deleting subsection (c) in its entirety, to read as follows: "(a) .... (b) Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of V.T.C.A., Transportation Code § 545.356, the following prima facie speed limits indicated for vehicles arc 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 streets and 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 arc in operation: No motor vehicle shall be operated along and upon Farm Road Highway No. 423 (Main Street) within the corporate limits of the city in excess of the speed now set forth in the following limits: Beginning at station 509 plus 85 to station 522 plus 85, being a distance of one thousand three hundred (1,300) feet, a maximum speed of thirty (30) miles per hour when so signed for school crossing locations. Said speed limit shall be in effect on school days from the hours of 7:00 a.m. to 9:00 a.m. and from 2:45 p.m. to 4:15 p.m." SECTION 2. REPEALER CLAUSE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, except for those instances where there are direct conflicts with the provisions of this Ordinance. That all ordinances of the City, or parts thereof, that are in conflict with the provisions of this Ordinance, are hereby repealed to the extent that they are inconsistent with this Ordinance. All other ordinances of the City not in conflict with the provisions of the Ordinance shall remain in full force and effect. SECTION 3. PENALITY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($200.00) for each offense. SECTION 4. SAVINGS CLAUSE That the Code of Ordinances of the City of The Colony, as amended shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. SEVERABILITY CLAUSE The sections, paragraphs, sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to 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 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. EFFECTIVE DATE This Ordinance shall become effective fi.om and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City Colony, Texas this the 2nd day of August, 2004. APPROVED: il~n Dillard, Mayor ty of The Colony, Texas ATTEST: Rdbert E~ ld~gotr, City A~t~mey (66613)