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ORD 1982-26 - School Speed ZonesORDINANCE NO. 82 -26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING MAXIMUM SPEED LIMITS ON CERTAIN PORTIONS OF PUBLIC STREETS AND HIGHWAYS ADJACENT TO ELEMENTARY AND SECONDARY SCHOOLS; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $200; REQUIRING THE CITY SECRETARY TO PUBLISH NOTICES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Revised Civil Statute article 6701d section 169(d) prdvides that a City may hold a public hearing to consider maximum prima facie speed limits on streets and highways adjacent to public and private elementary and secondary school; and WHEREAS, Council did hold a hearing upon request on August 31, 1982; and WHEREAS, Council duly considered the evidence presented; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS That: Section 1. Schedule V -A, School Speed Limit Zones of Chapter 12 of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Schedule V —A that shall read as follows: SCHEDULE V —A SCHOOL /STREET NAME SPEED MPH DIRECTION LIMITS SAM HOUSTON ELEMENTARY 7th Street 20 E & W From 150' east of Avenue P to 300' easy of Old Madisonville Rd. 7 :00 a.m. to 5:00 p.m. school days only 10th Street Avenue P 20 E & W Old Madisonville Road to 300' east of Avenue P, 7:00 a.m. -5:00 p.m. school days only 20 N & S From 7th Street to 10th Street 7:00 a.m. — 5:00 p.m. school days only GIBBS ELEMENTARY SCHOOL 19th Street Avenue R MANCE PARK JUNIOR HIGH 20 E & W From Avenue Q to 50' west of Avenue S 7 :00 a.m. — 5 :00 p.m, school days only 20 N & S From 18th Street to 19th Street 7 :00 a.m. to 5:00 p.m. school days only University Avenue 20 E & W From 500' North of 7th St. to 8th St. 7 :00 a.m. — 5:00 p.m, school days only 7th Street 20 E & W From 100' west of University Avenue to Avenue I 7 :00 a.m. — 5 :00 p.m. school days only 9th Street 20 E & W 100' east of Avenue I to 100' west of Avenue J 7 :00 a.m. — 5:00 p.m. school days only Avenue I 20 N & S From 7th St. to 9th St. 7 :00 a.m. to 5:00 p.m. school days only HUNTSVILLE HIGH SCHOOL FM 2821 35 E & W From 500' west of High School to 1500' east of High School, 7 :00 a.m. to 9:00 a.m. and 2 :00 p.m. to 4 :00 p.m. school days only SCOTT E. JOHNSON ELEMENTARY School Road STEWART ELEMENTARY Boettcher Drive MIDDLE SCHOOL 20 E & W All, 7 :00 a.m. — 5:00 p.m. school days only 20 E & W From 100' east of Turner Street to 100' west of Beto Street 7 :00 a.m. to 5:00 p.m. school days only US 190 30 E & W From 270' west of Pine Street to Old Colony Road 7 :30 a.m. to 8:30 a.m. and 3 :00 p.m. to 4 :00 p.m. school days only Old Colony Road 20 E & W From 100' east of Elm Street to EL Road 7 :00 a.m. to 5:00 p.m. school days only Section 2. 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 said 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 3. The City Manager is hereby authorized and directed to cause the proper signs to be posted at the above described locations to show the prima facie maximum speed limits. Section 4. A person commits an offense if he drives a vehicle upon a public street at a speed greater than is reasonable and prudent under the circumstances then existing. Section 5. Any person, firm or corporation violating any provision of this Ordinance or failing to comply with any requirement of this 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 said 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 this 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 10 days after passage by City Council. The City Secretary shall publish the caption of this ordinance in the City's official newspaper twice within ten days of its passage. PASSED UNANIMOUSLY FIRST READING THIS 5th day of October , 1982. PASSED SECOND READING THIS day of , 1982. APPROVED THIS 5th day of October , 1982. THE CITY OF HUNTSVILLE C William V. Nash, Mayor ATTEST: h DeShaw, City Secretary APPROVED AS TO FORM: S'esei Scott Bounds, City Attorney