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Ordinance No. 8,428Published in the Baytown Sun: 981022 -5 Wednesday, October 28, 1998, and Thursday, October 29, 1998 ORDINANCE N0. 8428 ® AN ORDINANCE ESTABLISHING SPEED LIMITS THROUGHOUT CONSTRUCTION ALONG PORTIONS OF DECKER DRIVE (SPUR 330) WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE TEXAS DEPARTMENT OF TRANSPORTATION PROJECT DIRECTOR; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FOUR HUNDRED AND NO /100 DOLLARS ($400.00); AND PROVIDING FOR THE PUBLICATION, EFFECTIVE DATE, AND EXPIRATION THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the Texas Department of Transportation has made it known to the City of Baytown that operations will begin in the near future to upgrade Decker Drive (Spur 330); and WHEREAS, in the interest of safety, 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 BAYTOWN, TEXAS: Section 1: That a construction speed zone is established along the named highways or parts thereof described as follows: Along Decker Drive (Spur 330) from the north city limit of Baytown to 0.511 miles north of San Jacinto Street, a distance of approximately 3.147 miles, 40 miles per hour. Section 2: That necessary signs for posting the speed zones and the construction or maintenance work zones will be furnished, installed and maintained by the direction of the Texas Department of Transportation engineer in charge of the project. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 4: 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 5: That any person violating the provisions of this ordinance shall, upon conviction, be fined in any sum not to exceed TWO HUNDRED AND NO /100 DOLLARS ($200.00); provided that if workers are present within the construction or maintenance work zone at the time of a violation of this ordinance, then any person violating the provisions of this ordinance, upon conviction, be fined in any sum not to exceed FOUR HUNDRED AND NO/] 00 DOLLARS ($400.00). 981022 -5a Section 6: 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. Section 7: This ordinance shall expire automatically upon the completion of the construction and the removal of the signs authorized in section 2 hereinabove by the Texas Department of Transportation engineer in charge of the project. INTRODUCED, READ and PASSED by the affirmative vote of the City of Baytown this the 22 "d day of October, 1998. /.� C PETE C. ALFA O, Mayor ATTEST: EILEEN P. HALL, City Jerk APPROVED AS TO FORM: JeNlACIO RAMIREZ, SR. Cit Attorney 0 cAkIhI13\CityCouncil\ OrdinanceW lterSpeedLimitPortionolDeckerDrive .doc