HomeMy WebLinkAboutOrd 2025-5012_amends ch. 70 establishing temp. speed limits on SH 146ORDINANCE NO. 2025-5012
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, ESTABLISHING A
TEMPORARY SPEED LIMITS DURING CONSTRUCTION ON STATE HIGHWAY 146;
AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES," OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, TO ADOPT REGULATIONS FOR
THE ESTABLISHMENT OF TEMPORARY SPEED LIMITS; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMENAOR 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 545.352 of the Texas Transportation Code establishes prima facie reasonable
and prudent speed limits for streets and highways situated in the State of Texas; and
WHEREAS, Section 545.356(b) of the Texas Transportation Code gives the governing body of
a municipality the same authority as the Texas Transportation Commission to alter prima facie
speed limits when a highway is under repair, construction, or maintenance; and
WHEREAS, Texas Administrative Code Title 43, Part 1, Chapter 25, Subchapter B, Rule
25.22(c)(3)(D) provides that "On sections of highway under construction, speed studies and other
studies normally made in determining speeds to be posted for a regulatory speed zone are not
required", and that "In selecting the speeds to be posted, consideration should be given to: (i) safe
stopping sight distances; (ii) construction equipment crossings; (iii) the nature of the construction
project; and (iv) any other factors which affect the safety of the traveling public and construction
workers.", and Chapter 2, Section 3 of the Procedures for Establishing Speed Zones adopted by
the Texas Transportation Commission states that normal speed studies are not required on
sections of a highway under construction; and
WHEREAS, Texas Department of Transportation Form 1204 "Request for Construction
Regulatory Speed Zone" has been completed in connection with the State Highway 146
construction project; and
WHEREAS, the Texas Department of Transportation has made it known to the City of La Porte,
Texas, that operations will begin in the near future to upgrade a portion of State Highway 146; and
WHEREAS, the Texas Department of Transportation has submitted a request to the City of La Porte,
Texas, to establish a construction speed zone on the northbound and southbound main lanes of State
Highway 146; and
WHEREAS, the City Council of the City of La Porte finds that establishment of the requested
temporary construction speed zone is in the interest of health, safety and welfare of the traveling
public, it is desirable to maintain a construction speed zone during the construction period.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
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PORTE, TEXAS:
Section 1: That the facts and matters set forth in the preamble of this ordinance are hereby found to
the true and correct.
Section 2. Pursuant to the provisions of Sections 545.356 and 545.353 of the Texas
T5ransportation Code, the City Council has determined that the following prima facie speed limit
hereinafter indicated for vehicles is hereby found and declared to be reasonable and safe for the
construction speed zone to be established along the named highways or parts thereof described as
follows:
Along the main lanes of State Highway 146 from mile points 0.225 to 3.109, a distance of
approximately 2.884 miles, 50 MPH, when so signed.
Section 3. That Chapter 70 "Traffic and Vehicles," Article III "Operation of Vehicles", of the Code
of Ordinances of the City of La Porte, Texas, shall be and is hereby amended by adding new
Division 3 "Temporary construction speed zones", which Division shall hereinafter read as
follows:
"DIVISION 3. — Temporary construction speed zones.
Sec. 70-120. - Temporary speed limits established for certain described streets.
(a) The City Council hereby designates certain temporary speed limits on certain streets as
established in this Division.
(b) No person shall operate or drive a motor vehicle or other vehicle upon any street described
in this Division at a greater speed than the speed designated for that street or portion of that
street when speeds limits have been properly posted. Any speed in excess of the limits set
forth in this Division and properly posted shall be prima facie evidence that such speed is
neither reasonable nor prudent and is unlawful.
Sec. 70-121. State Highway 146 construction project — Fifty mile per hour zone.
In connection with the State Highway 146 construction project the temporary speed limit shall be
Fifty (50) miles per hour along the main lanes of State Highway 146 from mile points 0.225 to is
3.109, a distance of approximately 2.884 miles, when so signed. This temporary speed limit shall
expire upon completion of the project. It shall be unlawful for any person to drive a motor vehicle at
a speed in excess of the speed so declared in this section when signs are in place giving notice thereof."
Section 4. This ordinance shall be in effect only during the period of construction, and the
temporary speed zones shall be canceled upon completion of the project.
Section 5: 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
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governing the subject matter covered by this ordinance.
Section 6: 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 7. 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, Texas Local 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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the 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 9. 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 once within ten (10) days after
the passage of this ordinance.
PASSED AND APPROVED this theV‘ day of Ssci.c_t_f,r-\\O Qs— 2025.
CITY OF LA PORTE, TEXAS
A sTEST:
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APPROVED AS TO
Rick Helon, Mayor
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FORM: ‘‘ °‘''N°,,„m1_y :—
Clark T. Askins, City Attorney
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(3) Regulatory construction speed zones.
(A) Regulatory construction speed limits should be used only for sections of construction projects
where speed control is of major importance and enforcement is available.
(B) Regulatory construction speed signs (R2-1) should be removed during periods when they are
not needed in order to minimize interference with traffic. See Part 6 of the TMUTCD for sign
detail.
(C) According to Part 6 of the TMUTCD reduced speed zoning should be avoided as much as
practicable. Reduced speeds should only be posted in the vicinity of work being performed and not
throughout the entire project. Traffic control plan designs should, as much as possible,
accommodate the speeds existing prior to construction. These decisions, however, require
engineering judgment depending on the nature of the project and other factors which affect the
safety of the traveling public and construction workers.
(D) On sections of highway under construction, speed studies and other studies normally made in
determining speeds to be posted for a regulatory speed zone are not required. In selecting the
speeds to be posted, consideration should be given to:
(i) safe stopping sight distances;
(ii) construction equipment crossings;
(iii) the nature of the construction project; and
(iv) any other factors which affect the safety of the traveling public and construction workers.
(E) Only those speed limits authorized by commission minute order or city or county ordinance or
resolutions may be posted.
(F) Construction speed zones are automatically canceled when construction is complete.
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