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Ordinance No. 9,817Published in Baytown Sun on Tuesday, June 15, 2004 and ORDINANCE NO. 9817 Thursday, June 17, 2004 • 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 "SPEED LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SPUR 330 (DECKER DRIVE) FROM THE WEST CITY LIMITS TO MP 5.278 (THE WEST RIGHT -OF- WAY LINE OF STATE HIGHWAY 146); 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 Spur 330 (Decker Drive) within the corporate limits of the City of Baytown; 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; 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 "Speed Limit Zones" of the Code of Ordinances, City of Baytown, Texas, is hereby amended by establishing the maximum prima facie speed limit of 65 miles per hour for Spur 330 (Decker Drive) from the west city limits to MP 5.278 (the west right - of-way line of State Highway 146), a distance of approximately 4.573 miles. 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 affirmative vote of the City Council of the City of Baytown this the 10th day of June, 2004. CALVIN MUNDINGER, Mayor ATTEST: GAAY WOSMITH, City Clerk APPROVED AS TO FORM: JGGACIO RAMIREZ, SR., tay Attorney ® FNeanene\MyDocuments \Council \03- 04Uune Ist \ChangeSpccdLimi1Spur330.doc 2