HomeMy WebLinkAboutOrdinance No. 07-1734
THE CITY OF THE COLONY, TEXAS
ORDINANCE No.D7-'1~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 19,
TRAFFIC, BY AMENDING SECTION 19-4, SAME - AUTHORITY AND
DUTY IN THE REGULATION OF TRAFFIC, BY ADDING
SUBSECTIONS (g) AND (h) PROVIDING THE TRAFFIC
ADMINISTRATOR AUTHORIZATION TO TEMPORARILY MODIFY
PRIMA FACIE SPEED LIMITS AND IMPOSE TEMPORARY PARKING
RESTRICTIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, construction, utility work and/or damage, storm related wind or flood damage
and other similar situations can create a safety issue on the public streets and alleys which may have
been physically modified or impacted by the same; and
WHEREAS, in the interest of safety, the City desires to provide the traffic administrator
with authorization to modify prima facie speed limits and/or impose temporary parking restrictions
on streets and/or alleys that have been physically modified or impacted; and
WHEREAS, the City Council has determined that amending Chapter 19, Section 19-4 by
adding Subsections (g) and (h) providing the traffic administrator authorization to modify the prima
facie speed limits and impose parking restrictions as provided herein is in the interest of health,
safety and welfare of persons traveling on such streets and alleyways within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 19, Section 19-4 by adding Subsections (g)and
(h), which shall read as follows:
"Chapter 19
TRAFFIC
Sec. 19-4.
Same - Authority and duty in the regulation of traffic.
Page 1
TM 18958.76.000
(g) That in the event of construction on any street or highway, the traffic
administrator is authorized to conduct an engineering and traffic investigation to
determine if the maximum lawful prima facie speed limit established by this Code
should be temporarily reduced in order to preserve and protect the public safety.
If the traffic administrator determines that such speed limit should be reduced, he
shall enter a written finding and order to that effect and, upon approval of that
order in writing by the city manager or his designated representative, temporary
official traffic control devices shall be erected in proper position and sufficiently
legible to be seen by an ordinarily observant person prior to any enforcement
action against an alleged violator. The finding and order of the traffic
administrator and city manager or his designated representative shall estimate the
length of time for which such temporary speed limit shall be in effect and, if
necessary, an additional order in writing shall be entered in the event it is
necessary to extend such time. No such temporary speed limit shall be effective
longer than is provided in such written order, nor in any event longer than is
necessary to complete the construction for which the speed limit was ordered. A
certified copy of the order shall be admissible in evidence in municipal court to
establish the authority of such temporary speed limit, and it is hereby determined
and declared that any such temporary speed limit found and ordered in accordance
with this section shall be the speed which is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then existing, and
any violation of such temporary speed limit shall be considered a violation of this
Code.
(h) In any case where any street in the city is being tom up, repaired or
paved, or where any work is being done upon the same, making necessary the
emergency regulation of traffic thereon, the traffic engineer is hereby authorized
to prevent parking, either altogether or to any extent deemed wise by him, for any
certain period of time that any be necessary, or to close the street traffic altogether
for such period of time."
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
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 3. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. This Ordinance shall become effective from and after its date of passage
in accordance with law.
Page 2
TM 18958.76.000
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 4th day of September. 2007.
ATTEST:
~4/!!;J1rrup#j
APPROVED AS TO FORM:
J1./l-- ~
Robert E. Hager, City Attorney
(REHlcdb 08/08/07)
Page 3
,.P~Trr!~".
#~-{ ...........,. c~....
/:10/ '..,U \
/.',1 ;' ',<'0 \~
dlJ.Ji .' ',;2.1::
iI. 0Y:11~1 :-<~
u~..l-\ u~n~,.: t.'
o .
o ,
....hi)(~
TM 18958.76,000