Loading...
HomeMy WebLinkAboutORD 1998-062 ORDINANCE NO. 98-62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-26 RELATIVE TO REASONABLE AND PRUDENT SPEED FOR CERTAIN PUBLIC STREETS AND WAYS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTIONS 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, 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 GRAPEVINE AS SET OUT IN THE ORDINANCE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A �„.._ SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Sections 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, provide 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, with 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 GRAPEVINE, TEXAS: ' Section 1. That Chapter 23 Traffic, Section 23-26 Schedule for Certain Public Streets and Ways of the Grapevine Code of Ordinances is hereby amended upon the basis � of an engineering and traffic investigation heretofore made as authorized by the provisions of Sections 167 and 169 ofArticle XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, 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: "Street and Location Speed Limits (Miles Per Hour) Mustang Drive: From State Highway 121 frontage road to South Main Street...............35 South Main Street: From State Highway 114 to Mustang Drive..........................................35" Section 2. That the City Manager, or his agent, is hereby authorized to have the proper traffic signs erected, constructed, and placed at such points along said highways, streets or alleys, or portions thereof under construction, maintenance, or repair, so that travelers will be reasonably notified of said tra�c regulations. Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect provided, _. ., however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction in the Municipal Court, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of N" ' Grapevine, Texas do not adequately regulate the traffic within the City creates an emergency and the preservation of the public health, safety, and welfare requires that this °°� ordinance take effect immediately from and after the date of its passage. ORD. NO. 98-62 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of .lune , 1998. APPROVED: •���--�'i�i`� William D. Tate Mayor ATTEST: in a Huff City Secretary � APPROVED AS TO FORM: -----,- �" ��� �----__` John F. Boyle, Jr. City Attorney ORD. NO. 98-62 3