20-1537S:\Legal\Our Documents\Ordinances\20\1-35 construction zone speed limit removal - TL rev.docx
ORDINANCE NO.20- 1537
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE REMOVAL OF A
CONSTRUCTION ZONE SPEED LIMIT ON INTERSTATE 35 E AND RETURNING THE
SPEED LIMIT TO THE PRIMA FACIE SPEED OF 70 MILES PER HOUR; PROVIDING A
REPLEALER CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Department ofTransporotation (TxDOT) had lowered the speed on
Interstate 35E within the city limits of Denton to accommodate safety during planned construction;
and
WHEREAS, TxDOT has completed the planned construction on Interstate 35E and
recommended that the construction speed limit be removed; and
WHEREAS, Denton City staff agrees with TxDOT’s recommendation to remove the
lowered construction zone speed limit and return to the 70 mile per hour prima facie speed; and
WHEREAS, the City Council finds it is in the public interest to remove the lowered
construction zone speed limit and return Interstate 35E to the prima facie speed of 70 miles per
hour; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. As of the effective date of this Ordinance. the lowered contstruction zone
speed limit on Interstate 35E within the corporate limits of the City of Denton is hereby removed.
SECTION 3. From and after the effective date of this Ordinance, upon the basis of an
engineering and traffic investigation heretofore authorized by the provisions of V.C. T. A.,
Transportation Code § 545.356, the prima facie speed limit of 70 miles per hour for vehicles
travelling along and upon Interstate 35E within the corporate limits of the City of Denton is
determined to be reasonable, safe, and fixed thereon.
SECTION 4. The City Manager, or his designee, is hereby authorized to cause to be
erected appropriate signs indicating such speed zones.
SECTION 5. All other prior conflicting speed Ordinances are hereby superseded and
repealed, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all
other sections of the ordinance not in direct conflict herewith, this ordinance shall be and hereby
is made cumulative except as to such prior ordinances or portions thereof as are expressly repealed
hereby
S:\Legal\Our Documents\Ordinances\20\1-35 construction zone speed limit removal - TL rev.docx
SECTION 6. Any person violating any of the provisions of this ordinance shall, upon
conviction, be found guilty of a misdemeanor and shall be fined a sum not to exceed two hundred
dollars ($200.00), unless the violation occurs in a work zone when workers are present and then
the penalty shall not exceed four hundred dollars ($400.00). Each occurrence whrein a provision
of this Ordinance is violated shall constitute a separate and distinct offense.
SECTION 7. This Ordinance, providing for a penalty, 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, a daily newspaper published
in the City of Denton, Texas, within ten (10) days of the date of its passage.
The motion to approve this ordinance was made by lc)hn P\] a{\ and seconded
by Party! nRel+2e_,/ , the ordinance was passed and approved by the following vote LL-a:
Aye
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Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this, the
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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