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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