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2011-049 ORD ESTABLISH MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON HIGHWAY US 82 FROM THE WEST CITY LIMITSORDINA111CE NO. 2011-049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM, REASOIVABLE AND PRUDENT RATES OF SPEED ON HIGHWAY US 82 FROM THE WEST CITY LIMITS TO ITS INTERSECTION WITH BUSINESS US 82 IN THE CITY OF PARIS, TEXAS; 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 from the west city limit of Paris, Texas, in a easterly direction a distance of approximately 0.542 miles a speed limit of seventy (70) miles per hour at all times; thence easterly a distance of approximately 0.708 miles, a speed limit of sixty-five (65) miles per hour at all times; thence easterly a distance of approximately 0.420 miles, a speed limit of fifty-five (55) miles per hour at all times; thence in a northeasterly direction a distance of approximately 5.085 miles, a speed limit of sixty (60) miles per hour at all times; thence southeasterly a distance of approximately 1.757 miles, a speed limit of fifty five (55) miles per hour at all times to the intersection of Business US 82 and Highway US 82; as more particularly described and 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 of its residents and is in the best interests of the citizens of the City of Paris, Texas and have so approved the speed zone change. 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 or 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 from the West City Limit of Paris, Texas, in a easterly direction a distance of approximately 0.542 miles a speed limit of seventy (70) miles per hour at all times; thence easterly a distance of approximately 0.708 miles, a speed limit of sixty-five (65) miles per hour at all times; thence easterly a distance of Page 1 approximately 0.420 miles, a speed limit of fifty-five (55) miles per hour at all times; thence in a northeasterly direction a distance of approximately 5.085 miles, a speed limit of sixty (60) miles per hour at all times; thence southeasterly a distance of approximately 1.757 miles, a speed limit of fifty five (55) miles per hour at all times to the intersection of Business US 82 and Highway US 82; as more particularly described and 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. 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. 2011. PASSED AND ADOPTED on the first and final reading this 24th day of October, Page 2 ATTEST: gice Ellis, City Clerk APPROVED AS TO FORM: ;Igpl W. Kent McIlya , ' ttorney Page 3