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19-391ORDINANCE NO. 19-391 WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the City shall determine upon the basis of an engineering traffic investigation that any prima facie speed is greater or less than what 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 within 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 for that street or highway, or section thereof, by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of or and WHEREAS, The City of Denton has performed the necessary engineering traffic investigation for Barrel Strap/FM 2499, Fort Worth Drive/US 377, and Cowling Road; and WHEREAS, taking into account i #rs set forth in Section 545.356 of _ Transportation Code, the City Council finds that the speed limit on the portion of FM 2499 from IH35 southbound frontage road to FM 2181 should be designated as 45 mph, US 377 from Massey Road to FM 1830 should be designated as 45 miles per hour (mph) during construction; and Cowling Road from Rector Road to Deer Run Drive, within City jurisdiction, should be designated as 40 mph; and WHEREAS, the Council finds that, considering the factors set forth in Section 545.356 of the Texas Transportation Code, the speed limits proposed are safe and reasonable for the sections of highway identified above; NOW, THEREFORE, Texas SECTION 1. The recitals of this ordinance are hereby incorporated as if set out fully SECTION 2. Chapter 18 "Motor Vehicles and Traffic," Section 18-73 of the Code of Ordinances of Denton is hereby amended by revising subsection XVII to regulate vehicular speed on US 377, adding subsection XIX to regulate vehicular speed on FM 2499, and adding subsection XX to regulate vehicular speed on Cowling Road, The subsections shall read as follows, with new language underlined and deleted language struck -through: . . . . .. .. ................ XVIL US 377/Ft. Worth Drive ------ ------ ... — - ------ - From Lindsey Street to IH 35 E Southbound Frontage Road. ---- ------- -- .... .. 35 Tph From IH 35 E Southbound Frontage Rom] to 55�O let north of Massey Road. ....... . - ------ - ---------- --------------- ------- - 40 mph From 550 feet north of Massey Road to 250 feet south of Country Club 50-MO Drive/FM 1830. . ..... _ 45 mph From 250 feet south of Country Club Drive/FM 1830 to the south/westerly 55 mph city limits.------ . ........ - ----------- - -------- --- ----- XIX. FM 2499/13arrelS,4�ra . . . . .......... --------- - From the 111-35 �outhbound frontqg-_��,FM 218 1, ----- - ----- 1— .... .... . . ------------------------- 45 mph ---------- XX. CowliM Road . . . . . . ....... ....... --- Within Cit­v'jurisdiciion, from [e I c I lor Road t , o Deer Run Dr I i - v I c, . ......... 1 40 "n it! SECTION 3. It is not intended for this ordinance to amend any other section or subsection of Section 18-73 of the Denton Code of Ordinances. SF(1JJON 4. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance including, but not limited to, the prior adopted version of Section 18- 73, are hereby repealed to the extent such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated herein. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00), unless the violation occurs in a work zone and then the penalty shall not exceed Four Hundred Dollars ($400.00). SECTION 6. This Ordinance shall be cumulative of all other ordinances of the City of ...................... Denton defining school zones and school bus loading zones and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. SECTION 7. If in any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton hereby declares it would have enacted such remaining portions despite any such invalidity. 0) SECTIONLL8. The City Secretary is hereby directed to record and publish the above regulations in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 9. This Ordinance shall become effective fourteen (14) days from the date of its passage , and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its, passage. The motion to approve this ordinance was made by d"� ��„_„ and seconded b — , The ordinance was passed and approved by the following vote Aye Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ., PASSED AND APPROVED this the �"� ........� day of U 4 � 2019, ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY A] TOREY w. . . . ............ CHRIS WATTS, MA W)R� 3