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HomeMy WebLinkAboutOrdinance No. 03-1515 CITY OF THE COLONY, TEXAS ORDINANCE NO. 03-1515 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 19, TRAFFIC, ADDING SECTION 19-29, TO THE CITY'S CODE OF ORDINANCES, TO PROVIDE A SPEED CONTROL HUMP INSTALLATION POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR A NOTICE FOR PROVISION; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, located in Denton Cotmty, Texas, is a Home Rule Municipality possessing the full power of local self government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Home Rule Charter; and WHEREAS, it is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing a policy for the installation of speed control humps, within the City of The Colony, Texas; and WHEREAS, it is the intent of the Council of the City of The Colony, Texas that the terms of this ordinance shall be construed so as to promote the protection of commtmity residents from personal injury and property damage, and the protection of the City of The Colony, Texas from property damage, caused or threatened by the improper installation of speed control humps in the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Amendment: That Chapter 19, Traffic, Section 19-29 of the Code of Ordinances shall be added to read as follows: "Sec. 19-29. Speed Control Hump Installation Speed control humps are an effective and appropriate device for safely reducing vehicle speeds on certain types of streets when installed with good engineering design. In order for speed control hump installations to be effective, they should be located selectively in accordance with defined transportation engineering criteria for the purpose of mitigating documented speeding problems, and shall be installed in conformance with the Texas Manual on Uniform Traffic Control Devices. Proper installation will also minimize driver frustration and encourage safe driving practices. The policy will promote reasonable opportunities for residents and property owners most affected by a proposed speed control humps to participate together in the process that leads to its installation. It will also provide for a sharing of the speed control humps installation cost between the City and the neighborhood under certain conditions. Page 1 Applications for speed control humps shall be considered by the City Engineer using the policy as approved by City Council and kept on file at office of the City Engineer." SECTION 2. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3. Savings. This ordinance shall be cumulative of all other ordinances of the City 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 4. Publication. The City Secretary of the City of The Colony is hereby directed to publish in one issue of the official ne~vspaper of the City of The Colony, the Caption, Penalty, Notice and Effective Date Clause of this ordinance as required by Section 52.013 of the Texas Local Government Code. SECTION 5. Engrossment and Enrollment. The City Secretary of the City of The Colony is hereby directed to engross and enroll this ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the City Council and by filing this ordinance in the ordinance records of the City. SECTION 6. Effective Date. This ordinance shall take effect on January 1, 2004, and it is so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this the lstdayofDecember, 2003. C~ ~ ~0~ ~ ~1~ithny ol~i 1Tl~red~ o~oanY~Y Texas Patti A. Hicks, TRMC, City Secretary City of The Colony, Texas APPR,~ )/~ORM: Bo~lage~', C~y' ~rney City of The Colon~,~ ~xas Page 2