HomeMy WebLinkAboutOrd 489 Altering the Prima Facie Speed Limit on Highway 377 during construction for a two year periodTOWN OF WESTLAKE
ORDINANCE NO. 489
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS FOR
VEHICLES UNDER THE PROVISIONS OF SECTION 545.356 OF THE TEXAS
TRANSPORTATION CODE UPON UNITED STATES HIGHWAY NO. 377 OR
PARTS THEREOF DURING THE CONSTRUCTION, REPAIR OR
MAINTENANCE WORK ON SAID HIGHWAY, WITHIN THE CORPORATE
LIMITS OF THE TOWN OF WESTLAKE, AS SET OUT IN THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY OF
A FINE NOT TO EXCEED THE MAXIMUM AMOUNT ALLOWED BY LAW
FOR THE VIOLATION OF THIS ORDINANCE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that
whenever the Town of Westlake Board of Aldermen 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 upon any part of a
street or highway within the Town, taking into consideration the width and condition of
the pavement and other circumstances on such portion of said street of highway, as well
as the usual traffic thereon, the Board of Aldermen 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 along that part of the street or highway; and
WHEREAS, the Town has been notified by the Texas Department of
Transportation that a portion of United States Highway No. 377 within the boundaries of
the Town of Westlake shall be within a construction work zone related to the
reconstruction of United States Highway No. 377; and
WHEREAS, Pursuant to Texas Transportation Code Section 545.356, a traffic
and engineering investigation has been submitted to the Board of Alderman showing that
the existing prima facie speed limits on parts of United States Highway 377 within the
Town of Westlake is unreasonable or unsafe under the conditions found to exist or
created by the construction, repair, or maintenance on that highway and that the speed
limits indicated in said investigation are the reasonable and safe prima facie speed limit
thereat; and
WHEREAS, this portion of United States Highway No. 377 includes a mixture of
main lanes and turning lanes within the construction work zone, and the topography of
the highway's vertical alignment presents undesirable stopping sight distance to a
proposed construction vehicle entrance/exit location necessary for the purpose of the
reconstruction; and
WHEREAS, the reconstruction period shall begin on or around July 1, 2006 and
shall be fully completed on or about July 1, 2008; and
NOW, THEEFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMENT O F THE TOWN OF WESTLAKE; AND
SECTION 1: All matters stated in the preamble are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: Upon the basis of an engineering and traffic investigation
heretofore made as authorized by provisions of Section 545.356 of the Texas
Transportation Code, 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 as the rate of speed indicated for vehicles traveling upon the
named streets and highways, or parts thereof, described as follows:
A. That beginning on July 1, 2006, and continuing through July 31, 2008
(or whenever construction activity is fully completed as determined by the Town,
whichever comes last), no motor vehicle shall be operated along and upon the lanes of
United States Highway No. 377 within the corporate limits of the Town of Westlake in
excess of -
0 45 miles per hour, beginning at Mile Point 0.706,
continuing to and ending at Mile Point 0.930; and
• 45 miles per hour, beginning at Mile Point 0.930,
continuing to and ending at Mile Point 1.323 (City of Keller city limits).
SECTION 3: The Town Manager, or his designee, upon approval by the Board
of Aldermen, is hereby authorized to have the proper traffic signs erected, constructed,
and placed at such points along said highway giving reasonable notice of the new limit.
SECTION 4: Any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any
sum not to exceed the maximum amount allowed by law.
SECTION 5: CUMULATIVE CLAUSE. This ordinance shall be cumulative of
all provisions of ordinances of the Town of Westlake, Texas, except where provisions of
this ordinance are in direct conflict with the provisions of another ordinance, in which
event the conflicting provisions of the other ordinance are hereby repealed.
SECTION 6: SEVERABILITY CLAUSE. It is hereby declared to be the
intention of the Town Board of Aldermen that the phrases, clauses, sentences,
paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or
section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance,
since they would have been enacted by the Town Board of Aldermen without the
incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7: SAVINGS CLAUSE. All rights and remedies of the Town of
Westlake are expressly saved as to any and all violations of the provisions of the Code of
Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting
such code which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not he affected by this
ordinance but may be prosecuted until final disposition by the courts.
PASSED AND APPROVED this 14t` day of NOVEMBER, 2045.
ATTEST:
(1, L"az
Jfan Dwinnell, Town Secretary
APPROVED AS TO LEGAL FORM:
L. Stanto6Z6y, Attorney
' AW4�
Scott Bradley, Mayor
Trent O. Petty, Todkh Manager
H;Al3oy1e-1,owry\West Lakelwl-ordinanceslwl-ord-speed limit Hwy 377 11-14-05.doc
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