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HomeMy WebLinkAboutO-1958-527,._;N-~.,-,,,,~,~ ~ ~ i ORDINANCE N0. ~?__.., AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDE iTHE PROVISIONS OF SECTION 8 OF ARTICLE 827 a, VERNON'S TEXAS PENAL CODE, UPON THE 'BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGH ,;WAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTS, TEX S, !,SAS SET OUT IN THIS ORDINANCE; AND PROVIDING THAT ANY PERSON VIOLATING ANY OF THE ,PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON 'CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS .,($200,00). WHEREAS, Section 8 of Article 827a, Vernon's Penal Code of the State o t Texas, provides that whenever the governing body of a city 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 safe under the condi- tions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and con- dition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body can determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway, now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTS, TEXAS, THAT: Section 1. Upon the basis of an engineering and traffic investigation • heretofore made as authorized by the provisions of Section 8 of Article 827a, Vernon's Texas Penal Code, the following prima facie speed limits hereafter in- dicated for vehicles are hereby determined and declared to be reasonable and safe ; and such speed limits are hereby fixed at the rate of speed indicated for vehicl s ,traveling upon the named streets and highways, or parts thereof, described as fo - lows; (a) On West Main Street (also known as Spencer Highway) from Eighteenth Street to Sixteenth Street, forty-five (45) miles per hour; (b) On West Main Street (also known as Spencer Higghway) from Sixteenth Street to Twelfth Street, forty (40) miles per hour; (c) On West Main Street (also known as Spencer Highway) from Twelfth Street to Tenth Street, thirty (30) miles per hour. • . • -2- • r • Section 2. Any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200.00). Section 3. This ordinance shall take effect and be in force from and after its passage and approval and publication as required by law. r~ C PASSED AND APPROVED this the day of ~~=~--~-~~'` ~`~-``- ;~' ~~ A, D. 1958. U' ATTES:: .~ .~ 39ayor Pro-tem ~of t~'e 'City of La Porte, Texas ~Ci:ty Clerk of the City of La Porte, Texas t ~~-~, • STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTS On this, the 4th day of February, A. D. 1950, the City Commission of ;the City of La Porte, Texas, convened in special session, duly and regularly ''called, at its regular meeting place in the City Hall, in the City of La Porte, ~ITexas, all members there, to-wit: H. P. PFEIFFER, ~~~fayor,Pro-tem; L. R. RIG BY, Commissioner; • being present, none being absent, one (1) Commissioner's office being vacant, and the following business and proceedings were transacted: It was moved by Commissioner L. R. Rigby, and seconded by lflayor Pro- tem H. P. Pfeiffer, that the Commission pass a Resolution giving notice of its intention to pass an ordinance submitting certain amendments to the existing Hom Rule Charter of the City of La Porte, Texas; the motion carried by the following vote: Commissioner L. R. Rigby and 7iayor Pro-tem H. P. Pfeiffer voting "Aye", and none voting "No". Thereupon the following resolution was read at length, approved and adopted: A resolution providing that notice be given of the intention of the 1 City Commission of the City of La Porte, Texas, to submit to the qualified voter of the City, for approval or rejection, certain amendments to the existing Home Rule Charter of the City of La Porte. WHEREAS, the City Commission of the City of La Porte deems it advisable at this time to submit to the qualified voters of the City of La Porte amendment to the existing Charter; and WHEREAS, the City Charter of the said City has not been altered or amended within two (2) years next preceding this date: THEREFORE, BE IT RESOLVED BY THE CITY COI~7ISSION OF THE CITY OF LA PORTS, TEXAS, THAT: Section l: That it is the intention of the said City Commission to pass an ordinance on the 28th day of February, A. D. 1958, for the purpose of submitting to the qualified voters of said City, at an election to be held for ,~~--- ;that purpose, the following amendments to the existing Charter: ~A ~J -2- ~ J ~J • • AMENDMENT N0. 1 Article I, Section 3, of the Hame Rule Charter of the City of La Porte Texas, shall be amended so that the same shall hereafter read as follows: j "Section 3. Form of Government: The governing body of the City of La Porte shall be a Commission composed of the Mayor and four (4) Commissioners, to be known as the City Commission of the City of La Porte. The members of the City Commission shall be elected from the City of La Porte at large in the manne prescribed elsewhere in this Charter. As hereinafter used in the Charter, the words City Commission shall be construed to mean a Mayor and four (4) Commission rs. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution and by this Charter, all powers of the City shall be vested in the elected City Commission, which shall enact local legislation, adopt bud- gets, determine policies and execute the laws and administer the government of the City. All powers of the City shall be exercised in the manner prescribed by ~ithis Charter or if the manner be not prescribed then in such manner as may be prescribed by ordinance." AMENDMENT ND. 2 Article II, Section 12, of the Home Rule Charter of the City of La Por e, Texas, shall be amended so that the same shall hereafter read as follows: "Section 12. City Commission, Number, Selection, Term: The members o~ the City Commission of the City of La Porte shall hold their offices for a term of two (2) years, and until their successors have been elected and duly qualifie . After the regular City Election to be held on the fourth Tuesday in .April, 1958, the City Commission shall be composed of a Mayor and four (4) Com- '~~missioners and thereafter a Mayor and four (4) Commissioners shall be elected on the fourth Tuesday in April, every two (2) years. At the first regular meeting Hof the City Commission after the votes have been canvassed and the results of th regular City Election on the fourth Tuesday in April, 1958, have been declared, the two (2) candidates for the office of Commissioner receiving the third and lfourth highest number of qualified votes at such election shall be declared elec ~ted and shall serve as Commissioners, upon qualifying as required by law. If, a the said election on the fourth Tuesday in April, 1958, there are less than four ~~ ,~ ,T-~, a _ _~.. ,_ _.. ~.... ... • - 3- 'i(4) candidates for the office of City Commissioner, then after the results of 'such election have .been declared, the City Commission shall fill the vacancy or t vacancies, as the case may be, by appointing a qualified voter or voters residin~ in the City and having the proper qualifications. Thereafter, in the election o~ the Commissioners, the four (4) candidates receiving the highest number of quali~ fied votes shall be declared elected, and there shall be no run-off elections; i the election of a Mayor, the candidate receiving the highest number of qualified votes shall be declared elected and there shall be no run-off elections. In thet event the election of a Mayor or a Commissioner cannot be determined because of tie vote, the City Commission shall call a Special Election within thirty (30) f days to determine the winner between the candidates receiving such tie vote and he candidate receiving the highest number of qualified votes in such Special Elec- i tion shall be declared elected. The four (4) positions of the Commissioners on I the City Commission shall be numbered One (1), Two (2), Three (3) and Four (4), and at the first regular meeting of the City Commission after the results of the(( regular City Election on the fourth Tuesday in April, 1958, have been declared, I the four (4~) Commissioners elected or appointed, as the case may be, shall deter mine by lot the number of the position of each Commissioner. In all subsequent elections all candidates for City Commissioner shall be voted on and elected separately for positions on said City Commission and all candidates shall be desl~g- nated on the official ballot according to the number of such positions to which they seek election." AMENDMENT N0. 3 Article II, Section 15, of the Home Rule Charter of the City of La Porte, Texas, shall be amended so that the same shall hereafter read as follows: "Section 15. Vacancies in City Commission: A vacancy in the office o • 'City Commissioner shall be filled by a qualified voter residing in the City and ~ having the proper qualifications, appointed by a majority vote of the remaining jmembers of the Commission. A vacancy in the office of the Mayor shall be filled Eby a qualified voter residing in the City and having the proper qualifications, appointed by a majority vote of the remaining members of the Commission, provide that a City Commissioner may be appointed to the office of Mayor by the Majority; vote of all the other Commissioners. then vacancies occur so that there is less • • - 4- gibe called by the remaining members of the City Commission within forty-five (45) i days and all vacancies filled in the same manner as herein provided for General ~,. ~' Elections; provided, however, if such vacancies occur within ninety (9G) days of I.: ii +', a General Election, then no Special Election shall be called." than a majority remaining on the City Commission, then a Special Election shall Section 2: That the Mayor Pro-tem of the City of La Porte be authorised • and instructed to publish a copy of this Resolution in the La Porte Liberal, the official newspaper of the City of La Porte, as notice of the intention of the City Commission to submit said Amendments, and the same when marked "NOTICE OF INTENTION TO SUBMIT CHARTER AMENDMENTS", signed by the Mayor Pro-tem of the City of La Porte and attested by the City Clerk, and published as aforesaid, is to be due notice thereof. Section 3: That said notice shall be published in the La Porte Libera;~7, the official newspaper as aforesaid, for not less than twenty (2Q) days prior to the date on which the proposed ordinance is to be passed. APPROVED AND ADOPTED, THIS THE 4th day of February, A. D, 1953. ATTE~_..ST _ ~w- .. ' If ~ ~ er o e i y o a or e, exa ~. ~,--' ~ ,° i i7~ H. P. Pfeiffe Mao Pro-tem of the City of La P rte, Texas •