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
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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
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