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HomeMy WebLinkAboutOrdinance No. 01-1324 CITY OF THE COLONY, TEXAS. ORDINANCE NO. L2 / - / 3 ~ V/ AN ORDINANCE OF THE CITY COUNCIL OF THE COLONY, TEXAS, AMENDING SECTION 19-28 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY ADOPTING PROVISIONS FOR A PORTION OF BLAIR OAKS DRIVE TO BE DESIGNATED AS A ONE-WAY SOUTHBOUND ONLY STREET BETWEEN THE HOURS OF 12:01 A.M. to 12:00 P.M. AND A ONE-WAY NORTHBOUND ONLY STREET BETWEEN THE HOURS OF 12:00 P.M. to 12:00 A.M; PROVIDING A PENALTY NOT TO EXCEED $200.00 WITH EACH OFFENSE CONSTITUTING A SEPARATE OFFENSE AND BEING PUNISHABLE AS SUCH; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF THE COLONY; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas is a Texas Home Rule municipality with full power of local self government as provided by Article 11, Section 5 of the Texas Constitution and its Home Rule Charter, and is located in Denton County, Texas, and WHEREAS, the City Council of the City of The Colony, Texas, is empowered under the Texas Local Government Code, Section 51.001 to adopt an ordinance or rule that is for the good government of the City; and WHEREAS, the City Council of the City of the Colony, Texas is charged with the responsibility to regulate the safe travel of vehicles on all streets, highways and roadways within the City Limits of The Colony to protect the health and safety of the citizens and other persons using such streets, highways and roadways; and WHEREAS, Upon the basis of engineering and traffic investigations, the City Council does hereby determine that it is in the best interest and safety of the citizens to designate a portion of Blair Oaks Drive, beginning with the 5000 Block and ending at the 6700 Block, to be a one-way southbound only street between the hours of 12:01 a.m. to 12:00 p.m. and a one-way northbound only street between the hours of 12:00 p.m. to 12:00 a.m.; and WHEREAS, The Council deems it appropriate upon such designation, to direct the duly authorized personnel of the City to post appropriate traffic control signage at appropriate locations along Blair Oaks Drive, in accordance with the provisions of the Texas Department of Transportation's Manual on Uniform Traffic Control Devices, indicating the direction and times of travel on said Blair Oaks Drive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ESTABLISHING ONE-WAY ONLY STREET That Section 19-28 of the Code of Ordinances of The City of the Colony is hereby amended by adding provisions to designate that portion of Blair Oaks Drive that begins at the 5000 Block and ends at the 6700 Block, to be a one-way southbound only street between the hours of 12:01 a.m. to 12:00 p.m. and a one-way northbound only street between the hours of 12:00 p.m. to 12:00 a.m. SECTION 3. PENALTY CLAUSE Any person, firm or corporation that violates, disobeys, neglects or refuses to comply with, or that resists the enforcement of the provisions of this ordinance, shall be fined no more than two hundred dollars ($200.00) for each offense. Each offense that occurs shall constitute a separate violation and shall be punishable as such. SECTION 4. CUMULATIVE This Ordinance shall be cumulative of all provisions of all Ordinances of the City of The Colony, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. SAVINGS All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting: and which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. SEVERABILITY It is hereby declared to be the intention of the City Council of The City of The Colony that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall 2 not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. PUBLICATION The City Secretary of the City of The Colony is hereby directed to publish in the Official Newspaper of the City of The Colony the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.013 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The City Secretary of the City of The Colony is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City Council of the City of The Colony and by filing this Ordinance in the Ordinance records of the City. SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage, in accordance with law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of October, 2001. ATTEST: Patti' Hicks, City Secretary APPROVED AS TO FORM: ~./'/ff_~rdon R. Hikel, City ~ttDr~ey