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Home My WebLink AboutO-2008-3069 amend Ch 70;designating maximum speed limits on SS501 and BS 146D B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 24. 2008 Appropriation ~h~h T7b Requested By: S. Gillett ~ Source of Funds: Department: Public Works Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Letter from TxDOT Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION The speed limits along BS 146D (Main Street to S. Broadway, S. Broadway to Wharton Weems, S. Broadway from Wharton Weems to the Shoreacres City Limits and Wharton Weems from S. Broadway to SH 146) and SS 501 (S. Broadway from Shoreacres City Limits to the south La Porte city Limits) are under the jurisdiction of TxDOT. However, the city has never passed an ordinance approving these limits. TxDOT has performed a speed zone study for this area and is requesting that the council approve an ordinance validating the current speed zones. No speed limit changes are proposed. ..-/ ~ AiofO ORDINANCE NO. ,1Jj'{r '1 AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION", ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED LIMITS", SECTIONS 70-97, 70-100, 70-102, 70-103 AND 70-105 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS ON SS501 AND BS 146D WITHIN THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 670lD, 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 safe under the 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 safe prima facie speed limit thereat or thereon by 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 highway; and WHEREAS, the State of Texas has directed that an Engineering and Traffic Investigation take place for the purpose of ascertaining reasonable and prudent prima facie speed limits on SS SOland BS l46D within the City of La Porte; NOW, THEREFOR 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 Article 670lD, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-97 "School Zones", is hereby amended by adding the following clause to subparagraph "a" of said section, to be added in proper numerical sequence, to- wit: "(29) Along BS 146 D from 486 feet South of West B Street to East H Street, a distance of approximately 0.591 miles." Section 2. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-100 "Thirty Mile Per. Hour Zones", is hereby amended by adding the following clause to said section, to be added in proper numerical sequence, to-wit: "(4) Along BS 146 D from SH 146 (West Main and South Broadway) to 540 feet north of Forest Avenue, a distance of approximately 1.7 miles." Section 3. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-102 "Forty Mile Per Hour Zones", is hereby amended by adding the following clauses to said section, to be added in proper numerical sequence, to-wit: "(9) Along SS 501 from BS 146 D (Wh,arton Weems Blvd) to Fairfield, a distance of 0.873 miles. (10) Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance of approximately 0.144 miles. (11) Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance of 0.200 miles." Section 4. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-103 "Forty-Five Mile Per Hour Zones", is hereby amended by adding the following clause to said section, to be added in proper numerical sequence, to- wit: "(5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles." Section 5. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701D~ Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-105 "Fifty-five Mile Per Hour Zones", is hereby amended in its entirety and shall hereinafter read as follows, to-wit: "Sec. 70-105. Fifty-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 55 miles per hour in any such zone: (1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a distance of 22,800 feet, 4.318 miles. (2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles." Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed to have committed a Class C misdemeanor and upon conviction shall be' punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 9. 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 is 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 Chapter 551, Tx. Gov't 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 furth~r rat~fies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice ofthe passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at Mayor ATTEST: ~~d Ci y Secretary APPROVED: tfp 1: ~ City Attorney * I Texas Department of Transportation P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 February 8, 2008 RECEIVED Speed Zoning Harris County BS 146d; SS 501 Control 0389-15 & 16 FEB 1 3 2008 CiTY SECRETAAY'~> OFffC~ The Honorable Alton Porter Mayor, City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Dear Mayor Porter: Our office has completed a speed zone study along BS 146D and SS 501 within the City of La Porte. This latest speed zone study confirms current posted speed limits within this segment of these roadways. However, our records search did not recover copies of a speed zone ordinance covering these existing speed zones from the City of La Porte. We are attaching a prepared speed zone ordinance suggested by the Texas League of Municipalities containing the recommended zones. If you concur with the zones, please furnish this office with a copy of your executed ordinance. If you should have any questions concerning this matter, please contact Mr. Michael C.K. Awa, P.E., at (713) 802-5858. Sincerely, ~ QJ.H,~a-L.~~rt. \.v'Shlart C.-Corder, P.E. District Traffic Engineer Houston District MCA: nmaj Attachments cc: Mr. Boris Klebanskiy Mr. Sylvester E. Onwas, P.E. Mr. Michael C.K. Awa, P.E. An Equal Opportunity Employer