ORD 1992-04 - Amending Chapter 12, Motor Vehicle & Traffic, Code of ORD, LK RD, Bearkat, Smith Hill 3-31-1992ORDINANCE NO. 92- 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR
VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES
BY AMENDING MAXIMUM SPEED LIMITS ON LAKE
ROAD, BEARKAT BOULEVARD, EAST OF SYCAMORE,
AND SMITH HILL (ROSENWALL ROAD) NORTH OF FM
2821; PROVIDING A PENALTY OF UP TO $200 A DAY FOR
CERTAIN VIOLATIONS; MAKING OTHER RELATED
FINDINGS AND PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
WHEREAS Texas Revised Civil Statute article 6701d section 169 provides that the City
may designate maximum prima facie speed limits based upon engineering and
traffic investigation; and
WHEREAS after an engineering and traffic investigation on Lake Road, Bearkat
Boulevard, east of Sycamore, and Smith (Rosenwall Road), north of FM 2821,
City Council has determined that a change in speed limits at these locations
is appropriate; and
WHEREAS Section 12 -30 of the Code of Ordinances of the City of Huntsville, Texas,
makes various provisions related to exceeding reasonable and prudent speeds;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1: The described street speed limits are amended as follows:
Street Name
Lake Road
Bearkat Blvd.
Smith Hill
Speed MPH Direction
35
40
40
Both
Both
Both
Limits
From I -45 East Feeder Road east
to 450' west of Inverness Street
From 327' east of Old Sycamore to
Loop 19
North of FM 2821 to the city limits
Section 2: Schedule V, Speed Limit Zones, of Chapter 12, Motor Vehicles and Traffic,
of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the
amendments made by this ordinance.
Section 3: The City Council hereby determines and declares that the speed limits described
herein are the maximum prima facie speed limits reasonable and prudent as indicated by an
engineering and traffic investigation. Proof that any person drives a vehicle upon the streets
in excess of the speed limit so indicated shall be prima facie evidence that the speed was not
reasonable or prudent and that it was unlawful.
Section 4: The City Manager is authorized and directed to cause the posting of proper
signs at the above described locations to show the prima facie maximum speed limits.
Section 5: Any person, firm or corporation violating any provision of this ordinance or
failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and
subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during
or upon which a person shall violate or continue violation of any provision of this ordinance
or non - compliance with any requirement of this ordinance shall constitute a distinct and
separate offense. The violation of any provision of the ordinance or the failure to comply
with any requirement of this ordinance shall each constitute a distinct and separate offense.
Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect any of the remaining
provisions of this ordinance.
Section 7: All ordinances and parts of ordinances in conflict with the provisions 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 8: This ordinance shall take effect ten (10) days after its passage by the City
Council. The City Secretary shall publish the caption of this ordinance in the official City
newspaper at least twice within ten (10) days of its passage.
PASSED AND APPROVED THIS d/
ATTEST:
A_ /_ 1
Melba : ers, City Secret.'
APPROVED AS TO FORM:
Scott B • unds, City Attorney
day of /�Q..E'cf , 1992.
THE CITY OF HUNTSVILLE
J1
William H. Hodges, Mayor