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HomeMy WebLinkAboutO-1995-1466-H . . qS -jLft; 10 - II ORDINANCE NO. -2-604- AN ORDINANCE AMENDING CHAPTER 70, "TRAFFIC AND VEHICLES", OF THE CODE OF ORDINANCES OF 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 FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 70, Article III, Section 70-102, of the Code of Ordinances of the City of La Porte is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-102. Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of 2,000 feet, 0.38 miles; (2) Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, l.57 miles; (3) Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (4) Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; (5) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; (6) Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (7) Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (8) Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 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 Act, Chapter 551, Texas Government Code; 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. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this /(JII- day of Lhi~ . CI~E BY~ ..... . M:11one Mayor Prf) Tem 2004. Pe-lel~ {] () MfP..j ATTEST: (~ ~ 00- ~, rt a A. Gillett City Secretary APPROVED: ~7:~ Clar . Askins Assistant City Attorney 2 . e La Porte Police Department 915 So 81h Street La Porte, Texas 77571 281-471-3810 Fax: 281-470-1590 Richard E. RetT Chief of Police To: From: Date: Clark Askins, Assistant City Att~~r Richard Reff, Police Chief ~ 03/08/04 Conflict in the Ordinance Debra Feazelle City Manager Subject: You asked me to look into the matter of the speed limit on L Street as indicated by our Ordinances, to determine if there are any errors and what steps need to be taken regarding the speed limit on L Street. Upon reviewing Ordinance 70.- 101 Thirty-five mile an hour zones and comparing it to Ordinance 70 -102 Forty mile an hour zones I found that there is a conflict between these Ordinances as they affect the speed limit on L Street. 70-101 (4) establishes a thirty-five mile an hour zone from, along North L Street, form a point 545 feet east of Alvy Lane to the east right-ol-way line of Underwood Road, a distance of 7,542 feet, 1.42 miles. Which simply means that from Underwood to a point 545 feet east of Alvy Lane the speed limit is 35MPH. 70-102 (3) establishes a forty mile an hour zone from, along North L Street from Underwood Road to a point 850 feet west of Lomax School Road, a distance of 4,000 feet, 0.76 miles. Simply stated this creates a forty mile an hour zone from Underwood to a point 850 west of Lomax School Road. This is the conflict in our Ordinance. The 4,000 feet indicated is in the 7,542 feet area designated as a 35 MPH zone. 70-102 (4) establishes another forty mile an hour zone, along North L Street, from a point 2,750 fiet east of Lomax School Road to 2(/h Street, a distance of 5,500 feet, 1.04 miles. Simply stated, there is a forty MPH zone from Sens to a point 2,750 feet west on L Street. I have requested the Engineering Department to look at this issue to confinn that the point 545 feet east of Alvy Lane and 2,750 feet west of Sens is the same spot. At this point there should be, and is, a sign indicating 35 MPH to westbound traffic and 40 MPH to eastbound traffic on North L Street. Engineering confirmed that they are the same point. They also plotted 70-102(3) and finds that it overlaps the zone established by 70-101(4). I recommend that we delete Ordinance 70-102(3) to rectify this situation. . e TRAFFIC AND VEHICLES ~ 70-102 (2) Along Fairmont Parkway from South Broadway to Park Avenue. a distance of 1.800 feet. 0.34 miles; and (3) Along Park Avenue from San Jacinto to Fairmont Parkway. a distance of 700 feet. 0.13 miles. (Code 1970. ~ 25-23(0) Sec. 70-101. Thirty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones. and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any such zone: (1) Along Underwood Road. from a point 2.350 feet south of West Main to a point 650 feet north of West Main. a distance of 3.000 feet. 0.57 miles; (2) Along West Main. from a point 925 feet west of Farrington Boulevard. to a point 1.125 feet east of Farrington Boulevard. a distance of 2.050 feet. 0.39 miles; (3) Along West Main Street. from State Highway 146 to a point 1.900 feet west of South 16th Street. 0.36 miles; (4) Along North L Street. from a point 545 feet east of AIvy Lane to the east right-of-way. line of Underwood Road. a distance of 7.542 feet. 1.42 miles; (5) Along Driftwood Drive from West Main to Fairmont Parkway. a distance of 4.700 feet. 0.89 miles; (6) Along Fairmont Parkway. from a point 550 feet west of State Highway 146 to South Broadway. a distance of 4.000 feet. 0.76 miles; . (7) Along South 16th Street from West Main to a point 1.500 feet south of West Main. a distance of 1.500 feet. 0.28 miles; (8) Along East Barbours Cut Boulevard from State Highway 146 to North Broadway. a distance of 3.100 feet. 0.59 miles; and (9) Along Park Avenue from San Jacinto to East E Street. a distance of 4.700 feet. 0.89 miles. (Code 1970. ~ 25-23(g); Ord. No. 95-1466-F. ~ 1. 2-13-95) Sec. 70-102. Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones. and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main from Luella Boulevard to a point 2.000 feet west of Luella Boulevard, a distance of 2,000 feet. 0.38 miles; (2) Along North H Street from Lomax School Road to 26th Street, a distance of8,300 feet. 1.57 miles; Supp. No.2 CD70:1l e . ~ 70-102 LA PORTE CODE (3) Along North L Street from Underwood Road to a point 850 feet west of Lomax School Road, a distance of 4,000.feet, 0.76 miles; (4) Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (5) Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; (6) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; (7) Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (8) Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (9) Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 miles. (Code 1970, ~ 25-23(h)) Sec. 70-103. Forty-five mile per hour zones. The following street~ or portions of such stre~ts shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North P Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles; (2) Along Underwood Road, from a point 2,350 feet south of West Main to Fairmont Parkway, a distance of 2,400 feet, 0.45 miles; (3) Along West Main Street, from a point 1,900 feet west of South 16th Street to the western corporate limits; and (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to. a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles. (Code 1970, ~ 25-23(i); Ord. No. 95-1466-F, ~ I, 2-13-95) Supp. No.2 CD70:12 c:i Il/: -I 11.0 00 Iii 0 WVl ==~ O::!: III 0 cx)-I 11. Ow Iii~ ~~ o~ ..,.-1 1Ilc( c c:( o a: c o o 3 a: LU Cl Z 40 M PH PER SEC. 70-102 (3) .... h'~' ."'......_.- .-....-....-. _-r~.....-. ~W.__. ..,.._...___...._............_ _.- --~-- 35 MPH PER SEC. 70-101 (4) ~""'_~"'Il"n'~rr:'l"". ."'~~~:~!'~ NORTH " L " o c:( o a: ..J o o ~ u II) X c:( ~ o ..J STREET EXISTING SPEED LIMITS a: o >- > ..J c:( ;..-::.'!'.~..::::;:~-:-~-~~!'::~"""=~.!::!- ~-_.. - --.... -- "- NORTH "L" STREET c c:( o a: II) z LU II) =~..,." , 40 MPH PER SEC. 70-102 (4) c:i Il/: 11.-1 08 1ii:I: c(U wVl o~ Ill::!: ......0 N-I e . REQUEST FOR CITY COUNCIL AGENDA ITEM 05/10/04 Agenda Date Requested: Appropriation Requested By: Source of Funds: N/A Department: PQIi~~ Account Number: Report: Resolution: Ordinance: XX Amount Budgeted: Amount Requested: Exhibits: Ordinance Amendine: Chapter 70 Budgeted Item: YES NO Exhibits: Section!ll of Ordinanl'e reqlliring change SUMMARY & RECOMMENDATION In review of Chapter 70, Traffic and Vehicles, of the City Ordinances it was determined that there was a contradiction regarding the establishment of speed zones on L Street. The Ordinance establishes thirty five mile an hour speed zones (70-101) and forty mile an hour speed zone (70- 102). It was determined that under 70-102(3) a forty mile an hour speed zone overlapped a thirty five mile an hour speed zone established under 70-101(4). This creates a problem in enforcement and prosecution. This proposed amendment would correct the error by eliminating the section 70-102(3) which created the overlap. Action Required bv Council: Approve the amendment to Ordinance Chapter 70, Traffic and Vehic1es, to eliminate a conflict in speed limits on L Street s-t{ -() t( Date