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Ordinance No. 15,363 ORDINANCE NO. 15,363 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV, "SPECIFIC STREET REGULATIONS," SECTION 94 - 121, SCHEDULE V, "DESIGNATION -- SPEED LIMIT ZONES," COLUMNS "STRI".ETS," "TO," "FROM," AND "MAXIMUM SPEED LIMIT" OF THE CODE OF ORDINANCES TO ESTABLISH PERMANENT MAXIMUM SPEED LIMITS FOR SANTAVY STREET, HUNT ROAD, AND SAN JACINTO BOULEVARD; ESTABLISHING PRIMA FACIE EVIDENCE THAT SPEED IN EXCESS OF MAXIMUM SPEED LIMITS ARE NOT REASONABLE NOR PRUDENT; PROVING FOR THE INSTALLATION OF SPEED LIMIT SIGNS; PROVIDING AN OFFENSE; PROVIDING A PENALTY; PROVIDING FOR REPEAL; PROVIDING SAVE AND EXCEPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ****************************************************************************** WHEREAS, Section 545.356 of the Texas Transportation Code authorizes the alteration by ordinance of prima facie speed limits for highways or parts of highways within the corporate limits of the City of Baytown(the"City")based upon engineering and traffic investigations; and WIIEREAS, the City amended Chapter 94 "Traffic and Vehicles," Article IV, "Specific Street Regulations," Section 94- 121, "Schedule V, Designation -- Speed Limit Zones," of the Code of Ordinances, as amended, enacting temporary maximum speed limits for Santavy Street, Hunt Road, and San Jacinto Boulevard, through City Ordinances 14,335, 14,336, and 14,337; and 1N'JIEREAS, the city engineer ordered the required engineering and traffic investigations to determine the permanent reasonable and safe maximum speed limits for Santavy Street, Hunt Road, and San Jacinto Boulevard and, based on said investigation, recommended to the City Council of the City of Baytown Texas ("City Council") permanent maximum speed limits for said roadways; and WHEREAS, City Council desires to amend Chapter 94 "Traffic and Vehicles," Article IV, "Specific Street Regulations," Section 94- 121, " Schedule V Designation -- Speed Limit Zones" of the Code of Ordinances, as amended, to enact permanent maximum speed limits for Santavy Street, Hunt Road, and San Jacinto Boulevard, establish prima facie evidence of speeds not reasonable nor prudent, provide an offense for exceeding the maximum speed limit, and other related terms; and WHEREAS, after reviewing the requisite engineering and traffic investigations and recommendations, in accordance with all applicable laws and regulations, City Council finds the recommended permanent maximum speed limits, are in the best interest of public safety and the general welfare of the City;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, Schedule V "Designation -- Speed Limit Zones," Columns "Streets," "To," "From," and "Maximum Speed Limit" of the Code of Ordinances is hereby amended by removing the temporary designations adopted in Ordinances 14,335, 14,336, and 14,337 for Santavy Street, Hunt Road, and San Jacinto Boulevard; and establishing permanent maximum speed limits as follows: Streets To From Maximum Speed Limit San Jacinto East Freeway (IH-10) West Cedar Bayou Speed limit 45 Boulevard Services Road Lynchburg Road miles per hour Hunt Road John Martin Road San Jacinto Boulevard Speed limit 45 Roundabout miles per hour Hunt Road San Jacinto North Main Street Speed limit 45 Boulevard miles per hour Roundabout Santavy Street San Jacinto HEB Access Road Speed limit 40 Boulevard miles per hour Section 2: Offense. That a person commits an offense if he operates a vehicle on the designated roadways in Section 94-121, Schedule V "Designation -- Speed Limit Zones", of Chapter 94, of the Code of Ordinances, as amended ("Schedule V"), at a speed greater than the speed designated within Schedule V. Any speed in excess of the limits provided in Schedule V shall be prima facie evidence that the speed is not reasonable nor prudent and is unlawful. Section 3: That the director of Public Works and Engineering, or his designee is authorized and directed to place and install appropriate signs for the speed limits established in Section 1 of this ordinance, depicted in Exhibit A, attached to and incorporated into this ordinance; in accordance to applicable state law and administrative rules. Section 4: Repeal. That 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: Severability. That if any provision, 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: Save and Exception. That Chapter 94 "Traffic and Vehicles," Article IV, "Specific Street Regulations," Section 94- 121, Schedule V "Designation -- Speed Limit Zones" of the Code of Ordinances, City of Baytown, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 2 Section 7: Penalty. That, upon conviction, a violation of a provision of this ordinance is a misdemeanor and punishable by fine not to exceed Two Hundred Dollars ($200.00). Section 8: That 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 affirmative vote of the City Council of the City of Baytown this 9th day of February, 2023. "NDOI� TILL Mayor EST: gpYTOW,V O *G•ee,GO ee�J e • N e ANGELA SON, ty Cle o c co APPROVED S T O � TF0F All SCOTT LEMO D, City Attorney R:1ScoWOrdtnances 02-09-23 Speed Zones 1.26.2023.doc 3