13 OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
11-4-2008
Shawn Napier, P.E. City Engineer
Council Date:
Engineering
/Director of Public Works
13.
11-10-2008
RECOMMENDED MOTION:
Motion to approve an ordinance changing the rates of speed on certain portions of F.M.
79 (19t'' St. N.W.)
POLICY ISSUE(S):
TxDOT Speed Limits
BACKGROUND:
We have been asked by the Texas Department of Transportation to revise the speed limits
on the portion of F.M. 79 within our city limits. A speed zone map is attached that shows
the proposed speed limit for this section of roadway. The speed limit is found on the top
of the bottom set of horizontal stripes. TxDOT established the speed limits using their
validated methodology. The Texas Transportation Commission law establishes the speed
limits of the City fails to.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Ordinance and F.M. 79 speed zone map
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation 0 Ordinance
y'TD Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
0 Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ~ Eng./Public Works ❑ Utilities
City of Paris
OQ023 i
Revised 2/04/08
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attorney\ordwork\current\Trafflc - Speed Zone Ord-FM79 2008
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF
SPEED ON FM 79 FROM THE NORTHWEST CITY LIMITS SOUITH TO
BUSINESS US 82/BONHAM STREET IN THE CITY OF PARIS, TEXAS;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by authority and direction of the City Council of the City of Paris, Texas
an engineering and traffic study and survey has been made by the Transportation
Operations Office of the Texas Department of Transportation to determine the maximum,
reasonable and prudent speeds for vehicles traveling upon the following named streets and
highways and parts thereof, to facilitate the most effective use of said streets and highways
and the safe and effective movement of vehicular traffic thereon; and
WHEREAS, such study and survey establishes, and it is so found by the City Council
of the City of Paris, Texas, that the following are the maximum, reasonable and prudent
rates of speed for vehicular traffic upon said streets and highways and parts thereof;
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 a 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 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 on FM Highway 79 from the Northwest City Limit of the City of
Paris, in a southeasterly direction a distance of approximately 0.153 miles, a speed limit of
sixty (60) miles per hour at all times; in a southeasterly direction a distance of
approximately 0.460 miles, a speed limit of fifty-five (50) miles per hour at all times; thence
southeasterly a distance of approximately 0.765 miles, a speed limit of forty-five (45) miles
per hour at all times except that a school zone speed limit of thirty (30) miles per hour will
be effective on school days within the designated school zone, from approximate highway
mile point 20.778 to mile point 20.967 only during the following hours:
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From 45 minutes before school opens until classes begin; from the beginning
to the end of the lunch period, if needed; and for a 30 minute period
beginning at the close of school;
Thence southerly direction a distance of approximately 0.486 miles, a speed limit of forty
(40) miles per hour at all times; thence in a southerly direction a distance of approximately
0.614 miles, a speed limit of thirty (30) miles per hour at all times to the intersection of
Business US 82-H/ Bonham Street except that a school speed limit of twenty (20) miles per
hour will be effective on school days within the designated school zone, from approximate
highway mile point 22.014 to mile point 22.304 only during the following hours:
From 45 minutes before school opens until classes begin; from the beginning
to the end of the lunch period, if needed; and for a 30 minute period
beginning at the close of school;
Section 4. That the fact that present traffic regulations are inadequate to control
traffic in areas covered by this ordinance creates an emergency which is here and now
declared, and all rules and regulations providing for the reading of ordinance is passed as
an emergency measure and shall be in full force and effect from and after its passage and
publication and after the installation of speed limit signs.
Section 5. That the speed limits for FM 79, as set forth herein and as further
described and depicted in the Speed Zone Plan attached hereto and incorporated herein as
Exhibit A are hereby established.
Section 6. 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
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 7. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 8. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 9. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the
provisions of Section 1-6 of the City of Paris Code of Ordinances, and each and every day's
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continuance of any violation of the above-enumerated sections shall constitute and be
deemed a separate offense.
Section 10. Introduced and read on first reading on October 27, 2008, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
November 10, 2008, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
Section 11. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
2008.
PASSED AND ADOPTED on second and final reading this 10th day of November,
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
Jesse James Freelen, Mayor
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