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10-Deliberate and possibly act on an ordinance establishing a construction speed zone on US 82 and BU 82 HCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07/09/ 10 Council Date: Police Asst. Chief Randy Tuttle 10. 07/26/ 10 RECOMMENDED MOTION: First reading - not an action item POLICY ISSUE(S): Public safety BACKGROUND: TxDOT requested an ordinance to establish a construction speed zone in 3600-5600 block Bonham St. (US 82W) for an upcoming project to place turn lanes on this section of highway. On June 18, 2010, this request was presented to the Traffic Commission and was approved. BOARD/COMMISSION RECOMMENDATION: Place construction speed zone in 3600-5600 Block of Bonham Street (US 82W) EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'TD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration Z Ciry Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court 0 Legal ❑ Library E Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 41 DRAFT attorney\ordwork\current\Traffic - Construction Speed Limit Hwy 82 West Ord 2010 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING A CONSTRUCTION SPEED ZONE ON US 82 AND BU 82 H (BONHAM ST.) IN THE CORPORATE LIMITS OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, DURING THE TEXAS DEPARTMENT OF TRANSPORTATION'S CONSTRUCTION PROJECT ON BONHAM STREET (US HIGHWAY 82V1) FROM LOOP 286 WEST TOWARD THE CITY LIMITS; PROVIDING A REPEALER CLAUSE, A SAVIIVGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE WHEREAS, by authority and direction of the City Council of the City of Paris, Lamar County, Texas, as requested by the Texas Department of Transportation that the following construction speed zone be established for vehicular traffic upon US 82 and BU 82 H (Bonham St) from Loop 286 west toward the city limits is needed during various phases of the construction project: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR COUNTY, 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 on US 82 and BU 82 H(Bonham St) in the Ciry of Paris, Texas at a speed greater than is reasonable and prudent under the conditions and circumstances during said project. Except when a special hazard exists that requires lower speeds for compliance with the above requirements, the construction zone limits hereinafter set out for US 82 and BU 82 H(Bonham St) and portions thereof to which they apply shall be prima facie evidence that the speed is not reasonable or prudent during the times so indicated by the Texas Department Transportation by posting speed signs for construction purposes. Otherwise speeds shall revert back to those established in Paris Ordinance No. 2006-043 Section 3 of November 13, 2006 and No. 92-040 Section 1 of September 14, 1992. Section 3. That on US 82 (Bonham St) in the corporate city limits of Paris, Lamar County, in an easterly direction from approximate CS 0045-09 mile point 4.699 to 5.464 for a distance of approximately 0.765 miles, a construction speed limit of fifty-five (55) miles per hour; hence easterly direction from approximate CS 0045-09 mile point 5.464 to 5.746 for a distance of approximately 0.282 miles, a construction speed limit of forty-five (45) miles per hour; hence easterly direction from approximate CS 0045-09 mile point 5.746 to 5.875 for a distance of approximately 0.129 miles, a construction speed limit of forty (40) miles per hour; hence easterly direction on BU 82 H(Bonham St) direction from approximate CS 0045-09 mile point 5.875 to 5.946 for a distance of approximately 0.071 miles, a construction speed limit of forty (40) miles as evidenced by the attached A 4' Construction Speed Zone Plan for Highway US 82 in Paris, Lamar County, Texas which is attached hereto as Exhibit "A" and is hereby approved and made a pert hereof. 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 ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section S. 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 6. 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 7. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One 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 8. 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 9. 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 10. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 26th day of July, 2010. Will Biard, Mayor 49 51