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2008-040-ORD-ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON FM 79 FROM THE NORTHWEST CITY LIMITS SOUTH TO BUSINESS US 82/BONHAM STREETORDINANCE NO. 2008 -040 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 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 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; continuing in a southeasterly direction a distance of approximately 0.460 miles, a speed limit of fifty-five (55) miles per hour at all times; thence continuing 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: From 45 minutes before school opens until classes begin; and for a 30 minute period following the end of the school day; Page I T Thence continuing in a southerly direction a distance of approximately 0.486 miles, a speed limit of forty (40) miles per hour at all times; thence continuing 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; and for a 30 minute period following the end of the school day; 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 S. 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 continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Page 2 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. PASSED AND ADOPTED on second and final reading this 10th day of November, 2008. ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: ff /��. Page 3 /. Z��.4ww esse Jam Freelen, Mayor W z 0 N n W W cl- V) Wo Be goo `. I- -co X ul