15-TXDOT speed limitsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
07-6-2009
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
15.
07-13-2009
Develo ment
RECOMMENDED MOTION: Move to approve an ordinance establishing maximum and reasonable rates
of speed on certain portions of F.M. 905.
POLICY ISSUE(S):
TxDOT Speed Limits
BACKGROUND:
We have been asked by the Texas Department of Transportation (TxDOT) to revise the speed limits on
F.M. 905 within the city limits. A speed zone map was submitted by TxDOT. A change will be made to
the map showing our current city limits and the speed limit will be increased from 45 mph to 50 mph.
According to TxDOT's Kim Walker, the average speed in the area was 57 mph which he reduced to 50
by telling Austin there were multiple driveways and that it was an urban area. The last two accidents in
that area were in 2006 both involved one car, (one bad brakes and one dog in the road) property damage
only. Mr. Walker does not think Austin will change their minds because the drop would be 12 mph
below the 85th percentile and the cut off is 7 mph (which he has already invoked) and 11 mph with
multiple accidents (5 in a 12 month period).
If Council does not approve the requested change, the Transportation Commission has the authority to
make the change unilaterally.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Ordinance, Aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'j'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration 0 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris 1 O 001 g~ Revised 2/04/08
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF
SPEED ON FM 905 FROM THE CENTERLIIVE OF LOOP 286 IN A
SOUTHERLY TO SOUTHEASTERLY DIRECTION A DISTANCE OF
APPROXIMATELY 0.780 MILES 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 Ciry 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 905 from the centerline of Loop 286 in a southerly to
southeasterly direction a distance of approximately 0.780 miles, a speed limit of fifty (50)
miles per hour at all times to the southeast city limits of Paris.
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 905 is set forth herein and as further
described and depicted in the Speed Zone Plan provided to the City of Paris Engineering
Department are hereby established.
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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.
Section 10. Introduced and read on first reading on June 22, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
July 13, 2009, at a regular meeting of the Ciry 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 13th day of July, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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