HomeMy WebLinkAboutOrdinance No. 00-1181 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~)~) -/[ ~]
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 WINDHAVEN PARKWAY FROM PLANO PARKWAY TO
THE EASTERN CITY LIMITS OF THE COLONY, WITHIN THE
CORPORATE LIMITS OF THE CITY OF THE COLONY OR PARTS
THEREOF, 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.
WItEREAS, Section 545.356 of 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 within the
City, taking into consideration the width and condition of the pavement and other circumstances on
such portion of said street, 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;
WHEREAS, the City of The Colony, Texas, on the basis of an engineering and traffic
investigation performed by the City Engineer, 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 Windhaven Parkway from Plano Parkway to the eastern City Limits of The
Colony 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. ~Ilgg,.0~.,llll~ Upon the basis of an engineering and traffic investigation
theretofore made as authorized by the provisions of Section 545.356 of 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 fi.om and after the date of the passage of this speed zone ordinance, no vehicle
shall be operated along and upon Windhaven Parkway fi.om Plano Parkway to the
eastem City Limits of The Colony within the corporate limits of The Colony, Texas
in excess of the speed now set forth in the following limits:
Windhaven Parkway from Plano Parkway to the eastern
City Limits of The Colony within The Colony, Texas 40 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 20th day of March 2000.
ATTEST: William W. Manning, Mayor ~
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
CityAttc~ey[ - ' ~