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20.Ordinance establishing a speed zone on Loop 286 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 02-21-2012 Engineering, Planning & Shawn Napier, P.E. Director of Council Date: Development Engineering, Planning & 20. 02-27-2012 Development RECOMMENDED MOTION: Move to approve an ordinance establishing a construction speed zone on Loop 286 for the duration of project STP2011 (701) SB. POLICY ISSUE(S): TxDOT Speed Limits BACKGROUND: We have been asked by the Texas Department of Transportation to temporarily revise the speed limits on Loop 286 for the duration of project STP2011 (701) SB. A speed zone map has been submitted by TxDOT (map included). The speed would be reduced to 50-miles per hour on Loop 286 from approximately mile points 18.037 to 17.107 for a distance of approximately 0.93 miles. This ordinance would replace city ordinance 2001-58 for Loop 286 until the end of the project. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Ordinance, 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 .160 Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING TEMPORARY MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON LOOP 286 FROM APPROXIMATELY MILE POINTS 18.037 TO 17.107 FOR A DISTANCE OF APPROXIMATELY 0.93 MILES 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 temporary revision to the speed limits on Loop 286 from approximately mile points 18.037 to 17.107 for the duration of project STP2011 (701) SB, of Paris, Texas, for a distance of approximately 0.93 miles as a speed limit of fifty (50) miles per hour at all times; more particularly described and depicted in the TxDOT Speed Zone Plan 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 Loop 286 from approximately mile points 18.037 to 17.107 for the duration of project STP2011 (701) SB, of Paris, Texas, for a distance of approximately 0.93 miles a speed limit of fifty (50) miles per hour at all times; more particularly described and depicted in the TxDOT Speed Zone Plan 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 1 161 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 fined in accordance with the provisions of Section 1-6 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 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 27th day of February, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mcllyar, City Attorney Page 2 16 2