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28-Police- Extend School Zone Paris Paris High. CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/15/10 Council Date: Police Randy Tuttle, Assistant Chief 28. 10/25/10 RECOMMENDED MOTION: Not an action item - first reading. [IF SUPERMAJORITY RULE INVOKED - Move to approve an ordinance extending the school zone near Paris High School on Loop 286 SE in front of the football stadium and providing for the operation of school zone flashing beacons during school events.] POLICY ISSUE(S): Public safety BACKGROUND: On June 6, 2010, the Traffic Commission recommended for approval a TxDOT proposal to place a school zone to regulate speed on Loop 286 in front of Paris High School forty-five minutes prior to start of school and thirty minutes after the close of school. The school zone request was then presented to the City Council and passed on July 26, 2010. After the school year began it was determined that the 35mph school zone should be extended eastward on SE Loop 286 to include the east entrance to the school which, under current ordinance, is a 55mph zone. It has also been determined that the hours regulating the school zone be amended to include after school activities. Staff made a request to TxDOT to study the issue and, after conducting a study, TxDOT concurs with the request. BOARD/COMMISSION RECOMMENDATION: The Commission approved the recommendation to extend the 35mph school zone and amend School Zone Times in the 2900 block SE Loop 286. EXHIBITS: Ordinance, aerials & map ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ® Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ® Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 303 DRAFT S:\ORDWORK\CURRENT\Traffic - Speed Zone Extension & Beacons (New High School) ORD - 2010.docx ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING THE SCHOOL ZONE ON LOOP 286 SE NEAR ITS INTERSECTION WITH SOUTH COLLEGIATE DRIVE ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR THE USE OF SCHOOL ZONE FLASHING BEACONS DURING SCHOOL EVENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 26, 2010 in Ordinance No. 2010-026, the City Council of the City of Paris approved the establishment of a school zone on Loop 286 SE near its intersection with South Collegiate Drive; and, WHEREAS, the speed zone established in Ordinance No. 2010-026 requires extension to further include a portion of the land utilized for school purposes; and, WHEREAS, there is an increase in vehicular activity and pedestrian traffic in and around the roadway associated with Paris High School during home football games; and, WHEREAS, this increase in vehicular and pedestrian traffic necessitates the utilization of the flashing beacons on the school zone speed limit assembly during said school events; and, WHEREAS, by authority and direction of the City Council of the City of Paris, Texas, an engineering and traffic study and survey have 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, THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. 304 Section 2. 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 shall be lawful but 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. 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 112291; 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 21.751, fifty-five (55) miles per hour from approximate highway mile point 21.751 to mile point 21.951 will be effective only during the following hours on school days within the designated school zone: 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 following the end of the school day. As evidenced by the plan attached hereto as Exhibit A, is hereby approved and made a part hereof. Section 4. The intervals of operation of flashing beacons on the school zone speed limit assembly may be extended or revised for school events as mutually agreed upon by the school district and the entity responsible for the operation of the flashing beacons. In this case, the flashing beacons should only be operated when there is an increase in vehicular activity and pedestrian traffic in and around the roadway associated with the school event. Section 5. The fact that the 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. 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. 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 305 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. 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. Any person violating any provision 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 10. 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. This ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 25th day of October, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 306 t w -;a nn >rz iii: r~ . ova Ai r J Yis n l\ h 1F~ rH r:cr c i ~ a '41 1 21 k~' 'R J j ti K r~ r ~~:tr y ~,yt~ x G F t 4 3 5 LL ~ K 9 1t 1 308 t` aF „ c[: S fi~ u y ~w Al. f 4 Y ~ r t ' ~yV r h S f l c y ~i 309