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O70-037N4-PALE Om)/N44%:- 1 , CONSTRUCTION SPEED ZONE ORDINANCE AN ORDINANCE ESTABLISHING MAXIMUM LEGAL SPEEDS UPON CERTAIN HIGHWAYS AND STREETS OR PARTS THEREOF WITH IN THE CORPORATE LIMIT OF THE CITY OF $anopda'lA TEXAS, AS SET FORTH IN TIE ORDINANCE AND PROVIDING A PENALTY OF A ' FINE NOT TO EXCEED $200 FOR THE VIO- LATION OF THIS•ORDINANCE • WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform; Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engi- neering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the con- ditions found to exist at any intersection or other place or upon any part of a atreot or highway within the City' taking into-aonsidoration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersections orother place or part of the street or highway, now therefore, BE IT, ORDAINED by the City Council of the City of Kennedale , Texas: SECTION 1. The following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable .arid safe; and such speed limits are hereby fixed at the rate of speed in- dicated for vehicles traveling upon the named streets and highways or parts thereof, described as follows: Control 172-2 U.S. Highway 287 (a) From Station 566+75 southeasterly 2.617 miles to Station 704+148 (Southeast City Limits of Kennedale) at 40 miles per hour. -2- Construction Speed Zone Ordinance SECTION 2. The City Council of the City. of Kennedal.e declares and fixes the above maximum speed limits and the District Engineer is hereby authorized to proceed with the erection of the appropriate signs. SECTION•3. It is hereby declared that the construction project on T',$, Highway No. 287 has necessitated the enactment of this ordinance for the $afety of those traversing U.s. Highway No. 287 in the City of Ienneda1e . Therefore, the above regulations shall be in effect after the passage of this ordinance and the erection of the proper signs; and, this shall remain in effect until the completion and acceptance of the said construction project by the Highway District Engineer or until such time as the construction project has progressed to a stage whereby, in the opinion of the,Highway District Engineer, traffic may safely travel the construction project, or portions thereof, at the rate of speed posted prior to the construction. The Highway District Engineer will have the authority to replace the construction speed zone signs with speed zone signs reestab- lishing the speed zoning prior to construction and the placement' of such signs shall be evidence of the governing speed zone or zones. The completion and/or acceptance of the said construction project by the Highway District Engineer shall cancel the provisions of this ordinance and the Highway Dis- trict Engineer shall be authorized to remove all such signs used in compli- ance with regulations set forth in this ordinance. SECTION 4. Any ordinance or any partthereof in direct conflict faith this ordinance is hereby superseded and the part of the ordinance in conflict herewith shall be null and void so long as this ordinance is in effect. How- ever, any ordinance or part of an ordinance superseded by this ordinance shall automatically be reinstated in force upon the date of completion and/or acceptance of the said construction project, when this ordinance is no longer in effect. SECTION 5. 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 more than two hundred dollars ($200). • SECTION 6. If any part of this ordinance be declared unconstitutional cw otherwise void by a court of competent jurisdiction, such decision shall in no way, effect the validity of any of the remaining parts of this ,ordinance unless the part held unconstitutional or void is inseparable from, and indi- spensable to, the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and would have omitted any parts which may be unconstitutional or void, if it had known such parts were unconstitutional or void at the time of the passage of this ordinance. .3. Construction Speed Zone Ordinance PASSED AND APPROVED THIS /V DAY OF ATTEST: APPROVED: Mayor City(,lecroCary , City Secretary of the City of Texas, hereby certify that the above and foregoing is a true and correct copy of an Ordinance duly passed by the City Council at a meeting held on JAE:g7, 19 Cy Secretary