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Ordinance No. 14,025ORDINANCE NO. 14,025 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 A CONSTRUCTION SPEED LIMIT ALONG THE GRAND PARKWAY WITHIN CITY LIMITS OF BAYTOWN; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FOUR HUNDRED AND N0/100 DOLLARS ($400.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS, Section 545.356 of the Texas Transportation Code, authorizes alteration of 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 investigations; and WHEREAS, for sections of a highway under construction, 43 T.A.C. §25.22 dispenses with the speed studies and other studies normally made to determine speeds to be posted for a regulatory speed zone; and WHEREAS, in selecting the speed for the construction speed limit along the Grand Parkway within the City limits, consideration was 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; 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 a maximum prima facie speed limit for the following construction zone until construction activities in the zone are complete: Section 2: The Director of Public Works is authorized and directed to place and install appropriate signs for the speed limit established in Section 1. 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 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: Any person who shall violate any provision of this ordinance when workers are present in the construction zone herein established shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than TWO AND N0/100 DOLLARS ($2.00) nor more than FOUR HUNDRED AND NO/100 DOLLARS ($400.00). Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council of the City of Baytown. 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 the 28h day of February, 2019. A ST: L ILIA BRYSCH, City &erk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City me RANDON CAPETILLO, Aayor 11COUS0IlLegal\Karen\Files,.City Councill.Ordinances\2019\February 28AnendCh94Trafc2FstablishConstructionSpeedZone.doc