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Ordinance No. 12,494ORDINANCE NO. 12,494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE V "DESIGNATION -- SPEED LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMITS FOR (I) STATE HIGHWAY 146 FROM 0.348 MILES SOUTH OF THE NORTHERN CITY LIMIT LINE TO THE CHAMBERS/HARRIS COUNTY BOUNDARY LINE AND (II) STATE HIGHWAY 146 FROM THE NORTHERN CITY LIMIT LINE TO 0.348 MILES SOUTH OF SUCH LINE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the Texas Department of Transportation has made it known to the City of Baytown that it desires to alter the prima facie speed limits for (i) State Highway 146 from 0.348 miles south of the northern City limit line to the Chambers/Harris County boundary line and (ii) State Highway 146 from the northern City limit line to 0.348 miles south of such line; and WHEREAS, pursuant to Section 545.356 of the Texas Transportation Code, the City Council of the City of Baytown may alter the maximum prima facie speed limits with respect to highways or portions thereof within the corporate limits of the City of Baytown based upon engineering and traffic studies and requested public hearings; and WHEREAS, the Texas Department of Transportation has provided the City of Baytown a speed zone strip map with a survey date of January 27, 2014, justifying the alteration of the maximum prima facie speed limits; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated," Schedule V "Designation -- Speed Limit Zones" of the Code of Ordinances, City of Baytown, Texas, is hereby amended by establishing the following maximum prima facie speed limits: Section 2: That necessary signs for posting the speed zones will be furnished, installed and maintained by the direction of the Texas Department of Transportation engineer in charge of the project. Section 3: It shall be unlawful for a driver of a vehicle to disobey the instructions of a sign placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a police officer. Section 4: 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 5: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 6: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than One and No/100 Dollar ($1.00) nor more than Two Hundred and No/100 Dollars ($200.00). Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmativ cote of the City Council of the City of Baytown this the 13th day of March, 2014. ATTEST: Leticia Brysch, Ci �. y y`;• •�T: STEPHEN H. DONCARLOS, Mayor 6 to APPROVED AS TO FORM: 40-yz��A' - NACIO RAMIREZ, SR., Ci orney R:AKarenTi1eslCityCouncil+.0rdinances\201AMarch 13\AmendCh94Traffic2EstablishSH146SpeedLimits.doc 2