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HomeMy WebLinkAbout17-3657 ord218 ORDINANCE NO. 17-3657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, TEMPORARILY ALTERING THE PRIMA FACIE SPEED LIMIT ESTABLISHED FOR VEHICLES ON A PORTION OF INTERSTATE HIGHWAY 27 WITHIN THE BOUNDARIES OF THE CORPORATE LIMITS OF THE CITY OF PLAINVIEW, TEXAS, IN ACCORDANCE WITH THE TEXAS TRANSPORTATION CODE ANN., §545.356 (VERNON'S 2011); PROVIDING FOR AN OFFICIAL DESIGNATION OF A REDUCED SPEED AS A RESULT OF A TRAFFIC ENGINEERING STUDY BY SIGNAGE AND OTHER REQUIRED NOTICE; PROVIDING A PENALTY; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; MEETING HELD IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND EFFECTIVE DATE. WHEREAS, the City of Plainview received a request from Texas Department of Transportation ("TxDOT") to reduce the speed limit through the incorporated limits of the City for the proposed construction zones on Interstate Highway 27 as shown on the attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, TxDOT performed a traffic engineering study to determine whether the current prima facie speed is reasonable and safe during their construction and found that the speed limit in such construction areas within the City would be an unreasonable and unsafe speed; WHEREAS, upon reviewing TxDOT's surveys and recommendations regarding the maximum speed limit at these construction areas, the City Council determined that the maximum speed limits be temporarily reduced in accordance with the Texas Transportation Code Ann., §545.356 (Vernon's 2011); and WHEREAS, the City Council further determined that such temporary speed reduction would be in the best interest of public health, safety, and general welfare for the City of Plainview by reducing traffic hazards for travelers and construction workers. NOW, THEREFORE, the City of Plainview hereby ordains that: Section 1. The findings set out in the preamble to this ordinance are hereby approved and adopted. Section 2. Upon reviewing TxDOT's traffic engineering study, the City Council hereby approves their request to reduce the prima facie speed limit of 75 mph for vehicles to a reasonable and safe speed at the designated construction zones to 65 mph on a temporary basis in accordance with the Texas Transportation Code Ann., §545.356 (Vernon's 2011). Ord. No. 17-3657 Temp. Speed Limit — IH 27 Construction Page 1 of 5 1 Section 3. Appropriate signs and other markers shall be erected or appropriately affixed to or adjacent to the roadway in accordance with state and local law as well as regulations designating and notifying the traveling public of said speed zone. Section 4. This temporary change in speed limits is valid from the time the required signs and other markers are installed, and expires when the said signs are removed after TxDOT's approval of the construction work. Section 5. The public purpose of this Ordinance is to assure that vehicles travel at a reasonable and safe speed through the construction areas reducing traffic hazards for travelers and construction workers. Section 6. Any person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not less than $200 for each offense, except that if the offense is committed when workers are present in the construction zone, then the person convicted of such offense shall be fined not more than $400. Section 7. Severability is intended throughout and within this Ordinance. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law or administrative agency with the jurisdiction over the matter, such action shall not be construed to affect any other valid portion of the Ordinance. A constitutional construction hereof is intended and shall be given. There is not intent herein to violate either of the Texas Constitution or the Constitution of the United States. Section 8. Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or goveming the subject matter herein. Section 9. All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. Section 10. The meeting for this Ordinance is conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code 551. Section 11. This Ordinance shall be of full force and effect upon its passage and publication as required by law. Passed and Approved on first reading this 4th day of May, 2017. Ord. No. 17-3657 Temp. Speed Limit — IH 27 Construction Page 2 of 5 219 220 Passed and Approved on second reading this 9th day of May, 2017. ATTEST: Belinda Hinojosa, & Secretary APPROVED AS TO CONTENT: Ken Coughlin, ief of Police APPROVED AS TO FORM: Ord. No. 17-3657 V�lendell Dunlap, Mayor or Temp. Speed Limit — IH 27 Construction Page 3 of 5 EXHIBIT "A" 0 Ftp E R -iii 4 E. ne iS 14 0 a 4B rg E"s 5 •Y ENinN 9514-R b4. gliti 14144 gill/ Van sN 1 11 al gll IiiHI N iirr um. Ord. No. 17-3657 Temp. Speed Limit - IH 27 Construction ln Page 4 of 5 i 221 222 SEQUENCE OF WORK gga 1 I 1 A Ali 8 3 8 5 8 8 g.gg --—sgg 6 g F 1 z s A66g 1I 8 E S 8 kk5 : c� 5 3 i • s' a Q; v 6 b 8A g x' A8 g; 6 i i g g -. ▪ a$ b g g F3p >_: 1 1 !¢ 3IE L 4 $$5 Fr g-'-oti '.6; ; Sfi iii: 1i. i6$ K -pit et,� ggA .s';';` - qa as 'x :r- eti8's8s 3 ii~ �as�g Vis'$ ga:'sx�? a g0, asipsr6 6 66` pp siss6 6 66 �SS.ffi Y 5 ggsI:4e), i::� ..ga� Wtgl'L_ -uy 8 a66ij ;,yag S.t sitizi ilA.I 1.1 .fl.rua' 101,,., w. t,.tn 11 c( lox n• •wia1.11:0 law Aub, ...,M 1,Ot Ord. No. 17-3657 Temp. Speed Limit — IH 27 Construction Page 5 of 5