11-Approve Ordinance Establishing Maximum and Reasonable Rates of Speed on US82 Frontage RoadsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
10-14-2011
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
11.
10-24-2011
Development
RECOMMENDED MOTION: Move to approve an ordinance establishing maximum and reasonable rates
of speed on certain portions of US 82 Frontage Roads.
POLICY ISSUE(S):
TxDOT Speed Limits
BACKGROUND:
We have been asked by the Texas Department of Transportation to revise the speed limits on two
sections of US 82 within our city limits. Two speed zone maps have been submitted by TxDOT (city
maps included).
On Highway US 82 Frontage Roads (from Lamar Ave. north past Pine Mill Road) traveling in northerly
and southerly directions a distance of approximately 0.623 miles, a speed limit of forty (40) miles per
hour at all time to where the frontage roads intersection of Business US 82 and US 82
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Ordinance, map
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
* Administration Z City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court E Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris 69 Revised 2/04/08
Draft
S:attorney/ordwork/speed zone us 82 frontage 10-24-11
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF
SPEED ON HIGHWAY US 82 FRONTAGE ROADS FROM LAMAR AVENUE
NORTH PAST PINE MILL ROAD A DISTANCE OF APPROXIMATELY 0.623
MILES; 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, the Texas Department of Transportation has requested a revision to the
speed limits on Highway US 82 Frontage Roads from Lamar Avenue north past Pine Mill
Road, traveling in Northerly and Southerly directions a distance of approximately 0.623
miles a speed limit of forty (40) miles per hour at all times; as more particularly depicted in
the TxDot Speed Zone Plan and Map attached hereto as Exhibit "A".
WHEREAS, the City Council of the City of Paris, Texas has found and determined
that the requested speed zone change in this area is necessary to protect the health and
safety and is in the best interests of the citizens of the City of Paris, Texas and have so
approved the speed adjustment.
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 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 a revised speed zone is hereby established as follows:
On Highway US 82 Frontage Roads from Lamar Avenue north past Pine Mill
Road, traveling in northerly and southerly directions a distance of approximately
0.623 miles a speed limit of forty (40) miles per hour at all times; as more
particularly depicted in the TxDot Speed Zone Plan and Map attached hereto as
Exhibit "A".
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
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70
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. 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 punished by a fine not exceeding
TWO HUNDRED AND NO/100 ($200.00) DOLLARS.
Section B. That by supermajority vote of ayes and _ nays, the City Council
voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 9. That this ordinance shall become effective from and after its passage on
the first reading and publication as required by law.
PASSED AND ADOPTED on the first and final reading this 24th day of October,
2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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