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HomeMy WebLinkAboutOrdinance No. 2005-12 ORDINANCE N0. 2005-12 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON FM 528 FROM THE SOUTH LIMIT OF THE CITY TO THE CENTERLINE OF SUN MEADOW THE PRIMA FACIE SPEED SHALL BE 55 MILES PER HOUR, ALONG FM 528 FROM THE CENTERLINE OF SUN MEADOW TO THE GALVESTON/ HARRIS COUNTY LINE THE PRIMA FACIE SPEED SHALL BE 45 MILES PER HOUR, AND ALONG FM 528 A SCHOOL ZONE 475 FEET SOUTH OF SAN JOAQUIN TO THE CENTERLINE OF DESOTA WHEREIN THE PRIMA FACIE SPEED SHALL BE 30 MILES PER HOUR WHEN FLASHING, ALL WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD, AS SET OUT IN THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, § 545.356, Texas Transportation Code, 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 of 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 of highway; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of§ 545.356, Texas Transportation Code, 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: (A) Along FM 528 from the south City limit of City of Friendswood to the centerline of Sun Meadow, a distance of approximately 1.560 miles, the speed limit shall be "55 MPH". (B) Along FM 528 from the centerline of Sun Meadow to Galveston/Harris County line, a distance of approximately 3.520 miles, the speed limit shall be "45 MPH". (C) Along FM 528 a school zone 475 feet south of San Joaquin to the centerline of Desota, a distance of approximately 0.500 mile, the speed limit shall be "30 MPH" WHEN FLASHING. Section 2. Any person violating any of the provisions of this ordinance shall by deemed guilty of a misdemeanor and upon conviction thereof shall by fined in any sum not more than Two Hundred Dollars ($200). Section 3. In the event any clause,phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 18th day of Aqril,2005. PASSED, APPROVED, and ADOPTED on second and final reading this 2°d day of May,2005. � �� _ Kimball W. Brizendine Mayor Ord.2005-12 2 ATTEST: o� FRIENO� � � __� v o . . * * De oris McKenzie, T �p� City Secretary 4r� OF T��� ord.2oo5-i2 3