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03-E-1-a Speed Zone - FM 137DRAFT G:\Attorney\Lisa\Ordinances\CiJRRENT\Speed Zone FM 137 Ord.wpd January 12, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, 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 A FINE NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by authority and direction ofthe City Council ofthe City ofParis 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 certain portions of certain streets and highways and public places within the city of Paris 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 established and it is hereby so found by the City Council of the City of Paris, Paris, Texas, that the maximum, reasonable, and prudent rates of speed for vehicular traffic upon said streets and highways and parts thereof are as stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 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. Section 3. That, except when a special hazard exists that requires lower speeds for compliance with Section 2 hereof, the limits hereafter set out shall be lawful, but any speed in excess of the limits 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 4. That, on FM Highway 137 from the intersection of Business US 82-H and Bonham Street, in a southerly direction a distance of approximately 0.200 miles the speed limit shall be thirty (30) miles per hour at all times; thence southerly a distance of approximately 0.400 miles the speed limit shall be thirty-five (35) miles per hour at all times; thence southerly a distance of approximately 0.289 miles the speed limit shall be forty-five (45) miles per hour at all times; thence southerly a distance of approximately 1.277 miles the speed limit shall be fifty-five (55) miles per hour at all times to the south city limits of Paris; as evidenced by the attached plan which is hereby approved and made a part thereof. Section 5. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined in any sum not to exceed Two Hundred and no/100 Dollars ($200.00). Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed to the extent of such conflict only. Section 7. That this ordinance shall be in full force and effect from and after its date of passage and publication as required by law and after the installation of speed limit signs. PASSED, APPROVED, AND ADOPTED this 14th day of January, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney _A99+0- Texas Department of Transportation 1365 North Main Street•Pazis, Texas 75469•(903) 737-9498 Novemer 28, 2001 Honorable Michael Pfiester Mayor, City of Paris P.O. Box 9037 Paris, TX 75461-9037 Dear Mayor Pfiester: Enclosed aze the recent approvals from Austin on FM 79 and FM 137 in Paris. The attached speed zone maps show the compromises that could be made to your speed zone request on these highways. Also attached is a sample speed-zoning ordinance covering the proposed speed zones. The sample ordinance may be used in its present form, or may be rewritten, using the distances and speed limits given. Please present the proposed speed-zoning plan to the city council for their review and passage of the required ordinance. When approved, two (2) sealed copies of the completed ordinance should be sent to this office. Upon receipt of the approved ordinance, we will install the necessary signage. ff you have any questions con[act Kim Walker in the District Traffic Office at 903-737-9344. Sincerely, of Traffic Operations JEK:akw Attachments Cc: Nick Adams DTO file SAMPLE ORDINANCE AN ORDINANCE ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CTI'Y OF PARIS REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWTl'H; FIXING PENALTIES FOR VIOLATION HEREOF; AND DECLARING AN EMERGENCY. WI-IEREAS, 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 malcimum, reasonable and prudent speeds for vehicles traveling upon the following named s[reets and highways and parts thereof, to facilitate the most effective use of said streets and highways and the safe and effective movement of vehiculaz [raffic 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 vehiwlar traffic upon said streets and highways and parts thereof; NOW, THEREFORE, BE TI' ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: 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: Page 1 I. On FM Highway137 from intersection Business US 82-H and Bonham Street, in a southerly direction a distance of approximately 0.200 miles a speed limit of 30 (thirty) miles per hour at a116mes; thence southerly a distance of 0.400 miles a speed limit of 35 (thirty-five) miles per hour at all times; thence southerly a distance of approximately 0.289 miles a speed ]imit of 45 (forty-five) miles per hour at a116mes; thence southerly a distance of approximately 1.277 miles a speed limit of 55 (fifty- five) miles per hour at all times to the South City Limits of Paris; as evidenced by the attached plan is hereby approved and made a part thereof. II. All ordinances and parts of ordinances in force in the City of Paris, Texas, which conflict with the terms and provisions of this ordinance aze hereby repealed insofar as they conflict with this ordinance, but all other portions of said ordinance shall remain in full force and effect. M. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding TWO HiJNDRED AND NO/100 ($200.00) DOLLARS. Page 2 IV. The fact that present traffic regulations are inadequate to control traffic in areas covered by this ordinance creates an emergency which is here and now declazed, 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. PASSED AND APPROVED this day of December,2001. MAYOR CTI'Y SECRETARY Page 3