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O-82-957 - 5/13/1982ORDINANCE NO. 957 AN ORDINANCE AMENDING CHAPTER 9, SEC. 14.A., SCHEDULE I(7), AND CHAPTER 9, SECTION S.A., CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, TO ESTABLISH A 55 M.P.H. ZONE ON F.M. HIGHWAY 3406 AND TO PROVIDE FOR THE REQUISITES FOR A COMPLAINT OF "SPEEDING". BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS I. That Chapter 9, Sec. 14.A., Schedule I(7), Code of Ordi- nances, City of Round Rock, Texas, is hereby amended by adding the following described streets: On FM 3406 West Bound FM 3406 East Bound From The Centerline of IH 35 at Station 494.47.5 The West City Limits at Station 470.30 To The West City Limits at station 470.30 The Centerline of IH 35 at station 494.47.5 II. That Chapter 9, Sec. 5.A., Code of Ordinances, City of Round Rock, Texas is hereby amended to read as follows: A. SPEED RESTRICTIONS, GENERAL (1) It shall hereafter be unlawful for any person to drive or operate a motor vehicle upon any street, roadway, or highway in the City Limits, at a speed greater than is reasonable and prudent under the conditions then existing, having regard to the actual and potential hazards when approaching and crossing an intersection or railway grade or crossings, when approaching and going around a curve, when approaching a hill crest, when travel- ing upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or high- way conditions; and in every event, speed shall be so controlled as may be necessary to avoid col- liding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. 2) All of the streets of this City, and all portions of any such streets, are hereby declared to be public streets and that the driving or operating of any motor vehicle on or along any portion of any street of this City at a rate of speed that is greater than the maximum rate of speed for said portion of said street, as fixed by this Section and the schedules contained in Section 14 shall be guilty of a misdemeanor. That the use of the word "Speeding" shall be sufficient to designate the said offense, and shall mean that a motor vehicle has been driven upon a public street, at a greater rate of speed than that fixed by City Ordinance for the street and for the zone thereof, that such motor vehicle was so being driven upon, if zoned. That in prosecution under this Chapter for the offense of speeding, the complaint, if in other respects sufficient in form, shall as to the portion thereof seeking to acknowledge the offense, be sufficient if it in substance alleges that the defendant did while driving a motor vehicle in said city commit the offense of "Speeding". III. A. The invalidity of any section or provision of this ordi- nance shall not invalidate other sections or provisions thereof. B. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. READ and APPROVED on first reading this the _lday of , 1982. READ, APPROVED day of ATTEST: and ADOPTED on second reading this the , 1982. NNE LAND, C y Secretary LA'RY L. TONN: Mayor City of Round Rock, Texas COMMISSION ROBERT H. DEDMAN, CHAIRMAN A. SAM WALDROP JOHN R. BUTLER, JR. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION District Fourteen P. 0. Drawer 15426, NEAS Austin, Texas 78761 February 23, 1982 Control: 1378-6 Highway: FM 3406 County: Williamson Honorable Larry Tonn Mayor, City of Round Rock 214 East Main Street Round Rock, Texas 78664 Dear Mayor Tonn: ENGINEER -DIRECTOR MARK G. GOODE IN REPLY REFER TO FILE NO. Subject: Speed Zoning in Round Rock We have just completed speed studies on FM 3406 through the city limits of Round Rock to determine the appropriate speeds through this section of highway. Attached is a print of the proposed speed zone strip which shows the results of this study and our recommendations. Also attached are three copies of a speed zone ordinance which will regulate this speed within the city limits. When the City Council has passed this ordinance, please forward two signed copies to this office for our files and use. Sincerely yours, R. A. Brown District Engineer Thomas E. Word, Jr: District Traffic Engineer TEW:RG:m Attachments AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, ZONING FOR TRAFFIC AND RATE OF SPEED THEREIN, ON FM HIGHWAY 3406 IN THE CITY LIMITS OF THE CITY OF ROUND ROCK; DEFINING SPEEDING AND FIXING A PENALTY THEREFOR; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; WITH A SAVING CLAUSE REPEALING CONFLICTING LAWS AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY OF ROUND ROCK. Section I It is hereby determined upon the basis of an Engineering and Traffic investi- gation that the prima facie maximum speed limit on those portions of FM Highway 3406 routed in the city limits of Round Rock, is as hereinafter stated, which prima facie maximum speed limit shall be effective at all times and signs will be erected giving notice of the prima facie maximum speed limits so declared to wit. Speed Zone FM Highway 3406 For Westbound Traffic: Beginning at the centerline of IH 35 at station 494+47.50 to the west city limit of Round Rock at station 470+30, a distance of 0.458 miles, a prima facie maximum speed limit of 55 miles per hour. For Eastbound Traffic: Beginning at the west city limit of Round Rock at station 470+30 to the centerline of IH 35 at station 494+47.50, a distance of 0.458 miles, a prima facie maximum speed limit of 55 miles per hour. Section II That all of the streets of this city, and all portions of any such streets, are hereby declared to be public streets and that the driving or operating of any motor vehicle on or along any portion of any street of this city at a rate of speed that is greater than the maximum rate of speed for said portion of said street, as fixed by this ordinance shall be guilty of a misdemeanor, which is named "The Offense of Speeding," and that the said offense is punishable by fine in any sum not to exceed Two Hundred dollars ($200.00). That the use of the word "Speeding" shall be sufficient to designate the said offense, and shall mean that a motor vehicle has been driven upon a public street, at a greater rate of speed than that fixed by City Ordinance for the street and for the zone thereof, that such motor vehicle was so being driven upon, if zoned. That in prosecutions under this ordinance, for the offense of speeding, the complaint, if in other respects sufficient in form, shall as to the portion thereof seeking to acknowledge the offense, be sufficient if it in substance alleges that the defendant did while driving a motor vehicle in said city commit the offense of "Speeding". Section III That should any section or any portion of any section hereof be decreed to be void, the invalidity of such section or such portion thereof shall not affect the validity of the remaining portions of this ordinance; and that each section and each portion thereof not decreed to be invalid shall remain valid and enforceable. That all ordinances and parts of ordinances that are in conflict with this ordinance are hereby repealed. That the fact that prompt action should be taken in the regulation of traffic, on the streets of this city, in the manner provided for in this ordinance creates an emergency requiring that the rules that provide that an ordinance shall be read at three separate meetings of the City Council before final passage, be suspended; and that the said rules are hereby suspended, and this ordinance is here and now passed, and that it ordered that it take effect from and after its passage and publication. Passed and approved this the ATTEST: City Secretary day of , 19 Mayor, City of Round Rock