Ordinance No. 7,452Published in The Baytown Sun on:
Monday, October 30, 1995, and
Tuesday, October 31, 1995,
ORDINANCE NO. 7452
951024 -11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 6966 WHICH WAS PASSED ON
MARCH 24, 1994; ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE
6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF
AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN
STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN, AS SET OUT IN
THIS ORDINANCE; REPEALING CONFLICTING ORDINANCES;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND N01100 DOLLARS ($200.00) FOR
EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
WHEREAS, Ordinance No. 6966 was passed by the City Council on
March 24, 1994, and contained a reference to a "flashing light"
which does not exist; and
WHEREAS, Article 6701D, Vernon's Texas Civil Statutes,
provides that whenever the governing body of the City 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, taking into consideration
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
the passage of an ordinance, which shall be effective when
appropriate signs giving notice thereof are erected at such
intersection or other place or part of the street or highway; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Ordinance No. 6966 passed by the City Council
on March 24, 1994, is hereby repealed.
Section 2: That upon the basis of an engineering and traffic
investigation heretofore made as authorized by the provisions of
Article 6701D, 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 the named streets and highways, or parts thereof,
described as follows:
951024 -11a
Along State Highway 146 a school speed zone from a point
® 160 feet south of Republic Street to 1,216 feet south of
Republic Street, a distance of approximately 0.200 miles
30 MPH between the hours of 7:30 a.m. - 8:30 a.m. and
3:00 p.m. - 4:00 p.m. on days school is in session.
Section 3: The Director of Public Works is authorized and
directed to place the appropriate school zone speed limit signs at
the above - described location.
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) except minors who have passed their 14th birthday but
have not reached their 17th birthday shall be punished by a fine
of not more than One Hundred and No /100 Dollars ($100.00).
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 affirmative vote of the
City Council of the City of Baytown this the 24th day of October,
1995.
lee (' 4ge:
PETE C. ALF O, Mayor
0 2
ATTEST:
•
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
c �...'o �—'94
ACIO RAMIREZ, SR., ity Attorney
legal / council /october /10- 24- 95setSPEEDhwy 146
•
951024 -11b