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ORD 1982-33 - Speed Limit Zones•^ ORDINANCE NO. 82-33 ��� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING MAXIMUM SPEED LIMITS ON FM 2821; DIRECTING POSTING OF SIGNS; PROVIDING A PENALTY OF UP TO $200°00` REQUIRING THE CITY SECRETARY TO PUBLISH NOTICES; AND MAKING OTHER RELATED PROVISIONS. 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, such an engineering and traffic study was conducted for FM 2821 (the North Loop); 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. Schedule V, Speed Limit Zones, of Chapter 12 of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the addition of the follow1Dy speed limit zones: SCHEDULE V SPEED LIMIT ZONES STREET NAME SPEED MPH DIRECTION LIMITS FM 2821 40 MPH E & W Hwy 75 to 1,000' East of Hwy 75 FM 2821 50 MPH E & W 1,000' East of Hwy 75 to 150' West of Farm Road FM 2821 45 MPH E & W 1,100' West of FM 247 to 1,100' East of FM 247 FM 2821 50 MPH E & W Sam Houston National Forest East boundary to 1,100' West of 5H 19 FM 2821 45 MPH E & W 1,100' West of SM 19 to East City limit 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 from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this Ordinance to be published in the official City newspaper at least twice within ten (10) days after the passage of this Ordinance. PASSED UNANIMOUSLY FIRST READING TH S2nd day of November , 1982. PASSED SECOND READING THIS day of , 1982. , 1982. APPROVED THIS 2nd day of November APPROVED AS TO FORM: e449( Scott Bounds, City Attorney THE CITY OF HUNTSVILLE BY William V. Nash, MVor