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HomeMy WebLinkAboutOrd 441 Establishing the Prima Facie speed limit in a School ZoneTOWN OF WESTLAKE ORDINANCE NO. 441 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING SCHOOL ZONE SPEED PROVISIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, upon review by the Town's Engineer, the Board of Aldermen has determined it to be in the best interest of the safety and welfare of the citizens of Westlake to establish a school zone speed limit along certain sections of J.T. Ottinger Road near the Westlake Academy; and WHEREAS, Sections 545.356 and 545.357 of the Texas Transportation Code, provide That whenever the governing body of a City, under the provisions of the code, determines and declares a reasonable and safe prima facie speed limit on the street or streets, including the prima facie speed limit near a public elementary or secondary school (as defined by the Texas Education Code) by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the street or highway. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: School Zone Speed Provisions: Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Sections 545.356 and 545.357 of the Texas Transportation Code, the following prima facie maximum speed limits hereinafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and the speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, and at the speed and times described as follows: (a) Westlake Academy: 20 miles per hour on J.T. Ottinger Road from 300 feet south of the Westlake Academy property line to 300 feet north of the Westlake Academy property line, during the posted times of: 7:45 a.m. — 8:45 a.m. 3:00 p.m. — 4:00 p.m. The maximum legal speed limit stated herein for this specified section of J.T. Ottinger Road shall be in effect on school attendance days and at the times listed, and, at all other times, the maximum legal speed limit shall remain at thirty (30) miles per hour or at the maximum speed limit established by law. SECTION 3: THAT, all other ordinances in conflict herewith are repealed. SECTION 4: THAT, any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall upon final conviction thereof, be fined in an amount not to exceed five hundred dollars ($500.00). Each and every day any such violation continues shall constitute a separate offense and shall be punishable as such hereunder. SECTION 5: THAT, if any section, paragraph, clause, phrase, or provision of this Ordinance, or application thereof, is held to be invalid or unconstitutional by a Court of competent jurisdiction, THE holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 6: THAT, the Town Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this Ordinance as an alternative method of publication provided by law. SECTION 7: THAT, this Ordinance shall become effective and shall be in full force and effect from and after the date of passage and adoption by the Board of Aldermen of the Town of Westlake, Texas, and upon execution thereof by the Mayor of the Town of Westlake, Texas. PASSED AND APPROVED ON THE 25TH DAY OF AUGUST 2003. � ic--o � A !: !4� 0 Scott Bradley, Mayor ATTEST: FA -- - � Ginger Orosswy, Town cretary Trent Petty, Ta anager APPROVED AS TO FORM: PUBLISHER of the Alliance Regional Newspapers of Haslet, Texas, a newsp4er of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: 991Ml^ �M z t 4"a blisher SUBSCRIBED AND SWORN TO before me on the day of to certify which witness my hand and official seal. My Commission Expires: CALL ( 17) 439-3022 C YOUR CLASSI f.Yall'Xerizon.com. %D TODAY, each additional word m size 1 col. X 2 in.} re hours: 10-6 Tues -Sat accepted: 10-6 Mon - Sat hway 377 - Roanoke (817) 490-0191 ig Metropod Meals On I