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O307,. OFFICIAL CIT' SECRETARY'S COPY ORDINANCE NO. 307 AN ORDINANCE ADOPTING SPEED LIMITS ON A CERTAIN ROADWAY WITHIN THE CITY OF KENNEDALE, TEXAS; DIRECTING THE ERECTION OF SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; ~ PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Section 545.356 of the Texas Transportation Code, the City of Kennedale, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, the prima facia maximum reasonable speed limits adopted herein are based upon the results of an engineering and traffic investigation which took into consideration the width and condition of the pavement as well as any special hazards that exist and the usual traffic on the streets and highways designated below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated in this section shall be the speed in miles per hour (mph). designated, as follows, provided that an appropriate sign giving notice of such speed zone is erected. G:citysec\citycouncil\ordinances\Ord. No. 307 -Establishing Speed Limit in Pine Meadows Addn.doc (08/04/05) Page 1 of 4 Streef Speed Limit Pine Meadows Drive 15 MPH SECTION 1. The Police Chief is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance. SECTION 2. 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with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. 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. G:citysec\citycouncil\ordinances\Ord. No. 307 -Establishing Speed Limit in Pine Meadows Addn.doc (08/04/05) Page 2 of 4 SECTION 4. 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 a violation is permitted to exist shall constitute a separate offense. SECTION 5. 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 6. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale, the caption, 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 7. 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 AND APPROVED ON THIS 11th DAY OF AUGUST, 2005. 0 /~.-k G:cityseclcitycouncil\ordinances\Ord. No. 307 -Establishing Speed Limit in Pine Meadows Addn.doc (08/04/05) Page 3 of 4 ` ~~,,• KENN ,,,,,, ,, ~ ,,.• 0~~......,,, p •.'~ ., r :~"~ *. • ' V• ' *= •~= -~; ~ r ~r= ATTE 9 ,, ~ `,;. q •.....•• .~ ''~ COv~,•~' CITY SECRE RY EFFECTIVE: 9 l' o~ 5- APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY G:cityseclcitycouncil\ordinances\Ord. No. 307 -Establishing Speed Limit in Pine Meadows Addn.doc (08/04/05) Page 4 of 4