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HomeMy WebLinkAboutO-1989-1466-A(A) . . ORDINANCE NO. 1466-A(A) AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23 OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS AND A SCHOOL ZONE ON MYRTLE CREEK, FROM WEST MAIN STREET (ALSO KNOWN AS SPENCER HIGHWAY) TO SUGAR CREEK WITHIN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSEi FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Article 6701d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City of La Porte shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of La Porte, taking into consideration, but not limited to, the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signage giving notice thereof is erected at such intersection or other place or part of the street or highwaYi and WHEREAS, the City Council of the City of La Porte has directed that an Engineering and Traffic Investigation take place for the purpose of ascertaining reasonable and prudent prima facie speed limits on Fairmont Parkway within the City of La Porte; and WHEREAS, the results of said Engineering and Traffic Investigation have become known unto the City Council of the City of La Porbe; and WHEREAS, the City Council of the City of La Porte finds that it is consistent in promoting the health, safety, and welfare of the citizens of the City of La Porte to reduce the maximum speed up Fairmont Parkway of the City of La Porte based upon the results of said engineering and traffic investigation; . . ORDINANCE 1466-A(A), Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Articles 670ld, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 25 "Traffic", Article 2, Section 25-23, subparagraph (d), "Maximum limits and school zones," is hereby amended by adding a subparagraph "x", to read as follows, to-wit: Section 25-23 (d) (1) (x): Along Myrtle Creek from West Main Street, (also known as Spencer Highway) to Sugar Creek, a distance of 1469 feet, 0.278 miles. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Commission to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. . . ORDINANCE l466-A(A), Page 3 Section 4. Any person, as defined in Section 1.07 (28), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 14th day of August, 1989. CITY OF LA PORTE By: ATTEST: ~jtd/ Cherie Black, City Secretary