HomeMy WebLinkAboutOrdinance No. 09-1825
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1825
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES BY
AMENDING SUBSECTION 19-10 TO CLARIFY REGULATIONS FOR
SPEED LIMITS ON DEDICATED STREETS AND ALLEYS LOCATED
WITHIN THE CITY OF THE COLONY, TEXAS; PROVIDING FOR A
REPEAL OF REGULATIONS IN CONFLICT; PROVIDING FOR
SAVINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony is desirous of promoting a higher quality of life for
its residents; and
WHEREAS, the City of The Colony desires to protect and preserve dedicated public
streets and alleys for the benefits of residents; and
WHEREAS, after due deliberations and consideration the City Council of the City of
The Colony finds that it is in the public interest to amend Chapter 19 of the Code of Ordinances
to remove redundant and/or outdated clauses within Chapter 19 that are in conflict with
subsequently adopted Ordinances provisions set forth in the Texas Transportation Code and
further finds that such regulations will promote the health, safety, and general welfare of the
City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
AMEND SUBSECTION 19-10 (a) TO ADD A PRIMA FACIE SPEED LIMIT
REGULATION FOR ALLEYWAYS WITHIN THE CITY
That Chapter 19 "Traffic"' Subsection 19-10 (a) of the Code of Ordinances is hereby
amended by the addition of the regulation as follows (new language italicized):
(2) Fifty-five miles per hour on any other highway outside any urban district,
including farm to market roads:;
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SECTION 2.
AMEND SUBSECTION 19-10 (b) TO DELETE CERTAIN STREETS FOR THE
REGULATION OF SPEEDS WITHIN THE CITY
That Chapter 19 "Traffic"' Subsection 19-10 (b) of the Code of Ordinances is hereby
amended by deleting the table references as follows:
"Street Extent Speed
(mph)
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t14f:-tw-)- ifd 144+,e kf r~~ A4crit~ tr cz t Fk~ 4 ~ ~ 10--Mvir Oaks.-Drive
SECTION 3.
AMEND SUBSECTION 19-10 (c) TO REMOVE REGULATIONS IN CONFLICT WITH
THE TEXAS TRANSPORTATION CODE
That Chapter 19 "Traffic"' Subsection 19-10 (c) of the Code of Ordinances is hereby
amended by removal of a portion of the regulation as follows:
(c) A person commits an offense if such person operates a vehicle on any public
street or highway named or specified in this section at a speed greater than that indicated herein
(W 1tt"01 f1,11V j)111--4i c olh y rat a speed ,3,rt'Efler lhoii trl; per Any speed in excess of such
limits shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful.
SECTION 4.
REPEALER
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 this Ordinance shall remain in full force and effect.
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SECTION 5.
SAVINGS
All rights and remedies of the City of The Colony, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting speed limits secured 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
If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PENALTY
Any person, firm or corporation violating any of the provisions of this ordinance or the
Zoning Ordinance, as amended hereby, 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 Two Hundred Dollars ($200.00) for each offense.
SECTION 8.
PUBLICATION
The City Secretary of the City of the Colony is hereby directed to publish the Caption,
Penalty Clause, and Effective Date Clause of this Ordinance as required by law.
SECTION 9.
EFFECTIVE DATE
This ordinance shall take effect immediately after its passage and publication as provided
by law;
AND IT IS SO ORDAINED.
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PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
8'h day of September, 2009.
G
J McCourry Mayor
Pty of The Colony
ATTEST:
f
Christie Wilson, City Secretary
APPROV AS TO FORM:
Robert Hager, C' Attorney
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