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09-Deliberate and possibly act on an ordinance establishing a new school zone on Loop 286 SE near its intersection with South Collegiate DriveCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07/09/10 Council Date: Police Asst. Chief Randy Tuttle 9. 07/26/ 10 RECOMMENDED MOTION: First reading - not an action item POLICY ISSUE(S): Public safety BACKGROUND: TxDOT has requested a school zone to regulate speed in the 2900 block SE Loop 286 for the new Paris High School. Request was made to review proposal and pass ordinance. This request was forwarded to the Traffic Commission for its consideration. On June 8, 2010, the Traffic Commission considered TxDOT's proposal to place a school zone to regulate speed at this location forty-five minutes prior to start of school and thirty minutes at close of school. The Traffic Commission approved this item as presented. BOARD/COMMISSION RECOMMENDATION: Approve TxDOT recommendation to place a school zone in the 2900 Block of S.E. Loop 286. EXHIBITS: Ordinance and aerial map ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 42 DRAFT attorney\ordwork\current\Traffic - Speed Zone Ord - New High Schoo12010 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING A NEW SCHOOL ZONE ON LOOP 286 SE NEAR ITS INTERSECTION WITH SOUTH COLLEGIATE DRIVE ESTABLISHIIVG MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON LOOP 286 SE FOR A NEW SCHOOL ZO1VE 1VEAR THE NEW PARIS HIGH SCHOOL FACILITY; 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 Ciry 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 Loop 286 easterly to northeasterly from the intersection of State Highway 19/24 with Loop 286 to where US Highway 271 and loop 286 merge, a speed limit of sixty-five (65) miles per hour at all times as Authorized by Transportation Commission Minute ; except that a school speed limit of fifty-five (55) miles per hour from approximate highway mile point 21.176 to mile point 21.376, thirty-five (35) miles per hour from mile point 21.376 to mile point 21.551, fifty-five (55) miles per hour from approximate highway mile point 21.551 to mile point 21.751 will be effective only during the following hours on school days and only at the school crossing zone: Page 1 43 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; As evidenced by the school speed zone plan attached hereto as Exhibit "A" and incorporated herein by reference. 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 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 municipaliry 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. That by a supermajority vote of _ ayes and _ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. 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. Will Biard, Mayor Page 2 4,11