11-Approve Ordinance Establishing Maximum and Reasonable Rates of Speed on US82 Frontage Roads

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Draft S:attorney/ordwork/speed zone us 82 frontage 10-24-11 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON HIGHWAY US 82 FRONTAGE ROADS FROM LAMAR AVENUE NORTH PAST PINE MILL ROAD A DISTANCE OF APPROXIMATELY 0.623 MILES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation has requested a revision to the speed limits on Highway US 82 Frontage Roads from Lamar Avenue north past Pine Mill Road, traveling in Northerly and Southerly directions a distance of approximately 0.623 miles a speed limit of forty (40) miles per hour at all times; as more particularly depicted in the TxDot Speed Zone Plan and Map attached hereto as Exhibit "A". WHEREAS, the City Council of the City of Paris, Texas has found and determined that the requested speed zone change in this area is necessary to protect the health and safety and is in the best interests of the citizens of the City of Paris, Texas and have so approved the speed adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That no person shall drive a vehicle upon public road, street and highway in the City of Paris, Texas, at a speed greater than is reasonable and prudent under the conditions and circumstances then existing. Except when a special hazard exists that requires lower speeds for compliance with the above requirement, the limits hereinafter set out below shall be lawful and any speed in excess of the limits as hereinafter set out for the streets and highways and portions thereof to which they apply shall be prima facie evidence that the speed is not reasonable or prudent. Section 3. That a revised speed zone is hereby established as follows: On Highway US 82 Frontage Roads from Lamar Avenue north past Pine Mill Road, traveling in northerly and southerly directions a distance of approximately 0.623 miles a speed limit of forty (40) miles per hour at all times; as more particularly depicted in the TxDot Speed Zone Plan and Map attached hereto as Exhibit "A". Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the Page 1 70