1975-05-19 Regular Meeting - Laserfiche WebLink

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-~ s • KNOX W. ASKINS, J. D. ATTORNEY AT LAW 122 5. BROADWAY P. O. BOX 1218 LA PORT E, TEXAS 77571 713 471-1886 May 8, 1975 The Hon. Mayor and City of La Porte P. 0. Box 1115 City Commissioners La Porte, Texas 77571 Dear Mrs. Cline and Gentlemen: At your regular meeting of May 5, 1975, you requested my opinion on the legality of the City of La Porte installing "speed bumpers" on N. 11th, N. 12th and N. 13th Streets, in La Porte Terrace Subdivision, in the City of La Porte, at the request of a number of the residents of the area. As I understand it, such "speed bumpers" would consist of a strip of asphalt as much as eight inches (8") high and twelve inches (12") wide, poured across the travel portion of the road, requiring traffic to slow to 15 or • 20 m.p.h, in order to prevent injury to both a car and its occu- pants; such "speed bumpers" being installed to deliberately slow down traffic. I have briefed the law on the question, and I find no Texas statutes either permitting or prohibiting "speed bumpers." Furthermore, I find no Texas cases on "speed bumpers" as such, but I have found numerous Texas cases concerning the liability of cities for damages for injuries caused by defective or unsafe conditions of its streets and public ways. Generally speaking, a municipality is not liable in damages for an injury caused by the defective or unsafe condition of its streets, sidewalks, or public ways, unless the condition was caused by the City or under its authority, or there was a negli- gent failure of the City to cure the defect after actual or con- structive notice of its existence. For instance, the City of Waco was held liable in a case which involved a 6" tree stump just outside the travelled portion of the street, a natural obstruction which the Court held that the City should have been aware and should have been aware of the fact that a car might veer over to that part of the street and hit the stump. The City of Austin has been held liable for damages, once in a case involving painting of a stripe on a street, and in another case involving the temporary closing of a street to allow a street . - dance.