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21-224921-2249 ORDINANCE NO... AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES BY INCLUDING SPEED ZONES ON EAST UNIVERSITY DRIVE (US 380) IN SECTION 18-73; ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF TRANSPORTATION CODE, SECTION 545.356 UPON THE FOLLOWING ROADWAYS OR PARTS THEREOF, WITHIN THE INCORPORATED LIMITS OF THE CITY OF DENTON; PROVIDING A PENALTY NOT TO EXCEED $200.00 UNLESS THE VIOLATION OCCURS IN A WORK ZONE AND THEN THE PENALTY SHALL NOT EXCEED $400.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. 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 traffic thereon, said governing body may determine and declare a reasonable and safe speed limit 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 the street or highway; and WHEREAS, the City of Denton has performed the necessary engineering traffic investigation for E. University Drive (US 380) and received a request from the Texas Department of Transportation ("TxDOT") to consider the ongoing and continuous construction in the area; and WHEREAS, taking into account the factors set forth in Section 545.356 of the Texas Transportation Code, the City Council finds that during TxDOT construction activities on US 380 the speed limit on the portion of US 380 within the City of Denton jurisdiction from Rockhill Road to Loop 288 should be designated as 50 mph, and from Loop 288 to Bell Avenue 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals of this ordinance are hereby incorporated as if set out fully herein. SECTION 2. Chapter 18 "Motor Vehicles and Traffic," Section 18-73 of the Code of Ordinances of Denton is hereby amended by revising the TxDOT ROADS chart to regulate vehicular speed on specific portions of US 380. The TxDOT ROADS chart shall read as follows, with new language underlined and deleted language struck -through: TxDOT ROADS ROADWAY FROM TO SPEED LIMIT Airport Rd./FM 1515 Masch Branch Rd. Corbin Rd. 55 Airport Rd./FM 1515 Corbin Rd. IH 35E 45 Barrel Strap/FM 2499 IH35E SB Frontage Rd. FM 2181 45 Country Club Rd./FM 1830 Fort Worth DrJUS 377 Sanders Rd. 45 Country Club Rd./FM 1830 Sanders Rd. Country Club Rd. 50 Country Club Rd./FM 1830 Country Club Rd. Southern City Limits 50 Dallas Dr./US 77 SB Main Lanes Teasley Ln./FM 2181 45 Dallas DrJUS 77 Teasley Ln./FM 2181 Smith St. 35 Elm St./US 77 Sherman Dr./FM 428 Locust St./FM 2164 35 Elm St./US 77 Locust St./FM 2164 Donna Rd. 45 Elm StJUS 77 Donna Rd. IH 35E SB Frontage Rd. 55 FM 1173 IH35N Western City Limits 60 FM 1830 Country Club Rd. Southern City Limits 45 FM 2153 Sherman Dr./FM 428 Northern City Limits 55 FM 2449 IH -35W Western City Limits 55 Fort Worth DrJUS 377 Eagle Dr. 1H 35E SB Frontage Rd. 35 Fort Worth DrJUS 377 IH 35E SB Frontage Rd. 550'N of Massey Rd. 40 Fort Worth Dr./US 377 550' N of Massey Rd. 250' S of Country Club Rd./FM 1830 45 Fort Worth DrJUS 377 250' S of Country Club RdJFM 1830 Southern City Limits 55 IH 35E Frontage Rd. NB Northern City Limits Elm StJUS 77 55 IH 35E Frontage Rd. NB Elm StJUS 77 Southern City Limits 50 2 IH 35E Frontage Rd. SB Northern City Limits Elm St./L1SRd77IBarthold 55 IH 35E Frontage Rd. SB Elm St./US 77/Barthold Rd. Southern City Limits 50 IH 35 Main Lanes Northern City Limits University/US 380 75 IH 35/IH 35E Main Lanes University/US 380 Southern City Limits 70 Locust St.IUS 77 Sherman Dr./FM 428 Elm St./FM 2164/US 77 35 Locust St./FM2164 Locust St./FM 2164/US 77 Loop 288 45 Locust St./FM2164 Loop 288 City Limits 60 Loop 288 IH 35E SB Main Lane Spencer 40 Loop 288 Spencer Rd. University/US 380 50 Loop 288 University/US 380 IH 35 60 Sherman Dr./FM 428 Elm St./US 77 Monterrey St. 35 Sherman Dr./FM 428 Monterrey St. Long Rd, 45 Sherman Dr./FM 428 Long Rd. City Limits 60 Teasley Ln./ FM 2181 Shady Oaks Dr. IH 35E SB Frontage Rd. 35 Teasley Ln./ FM 2181 IH 35E SB Frontage Rd. Savannah Tr. 35 Teasley Ln./ FM 2181 Savannah Tr. 500' W of Pennsylvania 45 Teasley Ln./ FM 2181 500' W of Pennsylvania Lillian Miller Pkwy. 40 Teasley Ln./ FM 2181 Lillian Miller Pkwy. City Limits 45 University Dr./US 380 Western City Limits Masch Branch Rd. 65 University Dr./US 380 Masch Branch Rd. 500' W of Western Blvd. 50 University Dr./US 380 500'W of Western Blvd. Bonnie Brae St. 45 University Dr.IUS 380 Bonnie Brae St. Bell Ave. 4Q University Dr./US 380 Bell Ave. Loop 288 NB Ramp 40 University Dr./US 380 Loop 288 NB Ramp Rivefside Dr, Rockhill Road -5-5 50 University DOUS 380 River -side r,.. Rockhill Road Easterly City Limits 60 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; the rest of the Section and subsections not amended herein shall remain in full force and effect. SECTION 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 the TxDOT chart 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. SECTION 8. 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 Pow i me- I+ -z- <- and seconded by R N % S 0 (\ 1N1ck V i C The ordinance was passed and approved by the following vote F -7 - _C)J: Abstain Absent Gerard Hudspeth, Mayor: V11 Vicki Byrd, District 1: +/ Brian Beck, District 2: ,r Jesse Davis, District 3: Alison Maguire, District 4: ✓ 4 Deb Armintor, At Large Place 5:• Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the'264hday of nCAQbe,C , 2021, ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, TY ATTORNEY By: 5 0wksil ##Ilei � 4 moi, �jL •'••......••''� Q5 `��