O596ORDINANCE NO. 596
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF CHAPTER
545, SECTION 545.356, TEXAS TRANSPORTATION CODE, AND UPON
THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON
CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF KENNEDALE AS SET OUT IN THE
ORDINANCE: AND PROVIDING A PENALTY OR A FINE NOT TO EXCEED
$200.00 FOR VIOLATION OF THIS ORDINANCE.
WHEREAS, Chapter 545, Section 545.356, Texas Transportation code, provides
that whenever the governing body of the City 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 at any
intersection or other place or upon any part of a street or highway, with the City taking
into consideration 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 providing that appropriate signs giving notice thereof are erected at such
intersection, other place or part of the street or highway.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of Chapter 545, Section 545.356, Texas Transportation
Code, the following prima facie speed limit hereafter indicated for vehicles is hereby
determined and declared to be reasonable and safe, and such speed limit is hereby
fixed at the rate of speed indicated for vehicles traveling upon the named streets and
highways, or parts thereof, described as follows:
Control: 172 -01
Highway: BUS 287
Mile Point 10.104, south 0.357 miles to Mile Point 10.461, zoned at 40 MPH.
SECTION 2.
The Director of Public Works is hereby directed to ensure that appropriate signs are
erected and maintained giving notice of the speed limits adopted in this ordinance.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. This ordinance shall not alter the speed limits during
designated hours in previously approved school zones within the City.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance 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 the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each day
that violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Kennedale City Code or any other ordinances
affecting speed limits 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 be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, Section 1, penalty clause,
publication clause and effective date clause of this as provided by Section 3.10 of the
Charter of the City of Kennedale.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AN APPROVED ON THIS 21S DAY OF MARCH, 2016.
APPROVE:
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Mayor, B ian Johnson
ATTEST:
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City Secretary, Leslie Gallowa
APPROVED AS TO FORM AND LEGALITY
City Attorney, Wayne K. Olson