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2011-048 ORD ESTABLISH MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON HIGHWAY US 82 FRONTAGE ROADSORDINANCE NO. 2011-048 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 THE INTERSECTION OF BUSINESS 82 (LAMAR AVENUE) AND HIGHWAY US 82 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 the intersection of Business 82 (Lamar Avenue) and Highway US 82 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 the intersection of Business 82 (Lamar Avenue) and Highway US 82 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 ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Page 1 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 ($200.00) DOLLARS. Section 8. That by supermajority vote of 6 ayes and 0 nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 9. That this ordinance shall become effective from and after its passage on the first reading and publication as required by law. PASSED AND ADOPTED on the firsj\and fin$lVeading this 24th day of October, 2011. A.J. H`as4►mi, M ATTEST: *ice"EKIlis, City Clerk APPROVED AS TO FORM: ~-Z)t - W. K t McIlyar, 't ttorney Page 2