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Home My WebLink AboutO-2008-3088 amend speed zones on the main lanes of SH 146 to 60mph and validating the current zones on the frontage roads D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 14.2008 Requested By: S. GUldt ~ Department: Public Works Appropriation Source of Funds: 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 SH 146 main lanes and frontage roads are under the jurisdiction of TxDOT. The city currently has an ordinance establishing the speed limit on the main lanes at 65 mph. No ordinance is in place for the frontage roads. TxDOT has performed a speed zone study for this area and is requesting that the council approve an ordinance amending the speed zones on the main lanes to 60 mph and validating the current speed zones on the frontage roads. 7h~8 ( Da ORDINANCE NO. 2008 -, 30 ~ ~ AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION", ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED LIMITS", BY AMENDING SECTIONS 70-101 AND 70-106 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS ON STATE HIGHWAY 146 MAIN LINE AND STATE HIGHWAY 146 FRONTAGE ROADS, 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, Section 545.356, 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 State Highway 146 Main Line and State Highway 146 Frontage Roads, within the City of La Porte; WHEREAS, upon the basis of an engineering and traffic investigation heretofore made as authorized by Section 545.356, Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated 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 vehicles traveling upon State Highway 146 Main Line and State Highway 146 Frontage Roads, or parts thereof, as more particularly described below: NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-106 "Sixty-five mile per hour zones", is hereby amended in its entirety and shall hereinafter read as follows, to-wit: "Sec. 70-106. Sixty 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 60 miles per hour in any such zone: (1) Along SH 146 Main Line, northbound and southbound, from the north city limit boundary in the City of La Porte to the south city limit, a distance of approximately 5.292 miles." Section 2. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-101 "Thirty-five mile per hour zones", is hereby amended by adding the following clauses to said section, to be added in proper numerical sequence, to-wit: "(10) Along SH 146 Frontage road, northbound, from the north city limit boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 4.836 miles. (11) Along SH 146 Frontage road, southbound, from the north city limit boundary in the City of La Porte to a point 1928 feet south of the north city limit boundary, a distance of approximately 0.365 miles. (12) Along SH 146 Frontage road, southbound, from a point 808 feet south of the Union Pacific Railroad boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 3.701 miles." Section 3: 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 4: 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 5. 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 6. 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 further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. 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 of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. ,;/11( IJ J J II PASSED AND APPROVED this the~ day Of~, 2008. CIT~ LAPORTE. 0 By. ~~~ j, l ~--- Mayor ATTEST: ~(j)nl'-~ ~~ C flSSi&, City Secretary I APPROVED: /~r~~ City Attorney