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HomeMy WebLinkAboutOrdinance - 2448-1958 - Amending Section 3 of Ordinance 2374aFOS:gb &;Y,.1-~ ?It 03-n~ -19'5lr --..!. ORDIN NCE NO. 21.48 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 2374a; PROVIDING FOR AND AUTHORIZING AND INCREASING THE PRIMA FACIE SPEED l.lMIT FROM THIRTY {30) MILES PER HOUR TO THIRTY-FIVE (35) MILES PER HOUR ON THE NORTH SIDE OF 19TH STREET BEGINNING AT PEORIA AVENUE AND EXTENDING WEST TO THE EAST PROPERTY LINE OF VICKSBURG AVENUE, THE SAME BEING A PUBLlC STREET WITHIN THE CORPORATE l.lMITS OF THE CITY OF LUBBOCK; PROVIDING FOR THE ERECTION OF SIGNS AND MAKING THE PROVISIONS OF THIS ORDI- NANCE ACCUMULATIVE AND PROVIDING A SAVINGS CLAUSE AND PENALTY; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION TOGETHER WITH THE PENALTY PROVISION OF THIS ORDINANCE AS AUTHORIZED BY LAW; AND DECLARING AN EMERGENCY. WHEREAS, the governing body of the City of Lubbock has determined upon the basis of an engineering and traffic investigation that the prima facie speed limit set forth and established by Section 3 of Ordinance 2374-A and Article 8Z7a, Section 8, Vernon's Annotated Penal Code, as amended by Acts of 1951, 52nd Leg., P. 589, Ch. 346, Sub-section 1 is less than is reasonable or safe under the condition found to exist on that part of 19th Street at the location named and designated in the body of this Ordinance and in the corporate limits of the City of Lubbock taking into consideration the width and condition of the pavement and other circumstances on such street as well as usual traffic thereon; and, WHEREAS, it is necessary for the immediate preservation of the public health and safety to provide for the immediate enactment of such measures constituting an emergency; NOW THEREFORE, ~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 3 of Ordinance 2374-A establishing the prima facie speed limit on the North side of 19th Street beginning at Peoria Avenue and extending West to the East property line of Vicksburg Avenue BE and the same is hereby amended so as to provide that from and after the effective date of this Ordinance, the prima facie speed limit established by Article 827a, Section 8, Sub-Section l(b) {1), Vernon's Annotated Penal Code, as amended I by Acts 1951, 5Znd Leg., P. 589, Ch. 346, Sub-Section 1 is altered and changed I for all vehicles from 30 miles an hour to 35 miles an hour. SECTION z. All Ordinances or parts of ordinances conflicting here- with are hereby repealed insofar as such conflict exists. SECTION 3. Any violation of the prima facie speed limit established by this Ordinance by any person, firm or corporation shall be unlawful and shall constitute a violation as provided by Section 8 of Article 827a, as amended, Vernon's Annotated Penal Code, and upon conviction such person, firm or corporation shall be punished by a fine of not more than Two Hundred Dollars ($200. 00), and for subsequent violations within one year thereafter such person shall be prosecuted as prescribed for such violations by Section 15 of Article 827 Vernon's Annotated Penal Code. u SECTION 4., The City Secretary is L .reby authorized and directed to cause the publication of the descriptive caption of this Ordinance, together with the penalty provisions as required by law. SECTION 5. The Traffic Engineer is authorized and directed to place speed limit signs so as to clearly define the limits of the prima facie areas set out in this Ordinance. SECTION 6. Should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. The heavy flow of vehicular traffic into and on that portion of 19th Street as herein designated and established creates a hazard, dangerous to the safety of persons and property within the City of Lubbock which creates public necessity requiring all rules that no ordinance shall be finally passed on the date of its ittroduction be suspended; and this Ordinance is declared to be an emergency measure to take effect from and after its date of first publication • . AND IT IS SO ORDERED. Passed b y unanimous vote of the City Commission this 27th day of Ma~ch , 1958. _______ ......,._ ____ _ I ATT~ST: Laveni Lowe, Cit~etary•Treasurer ----_yg ~--- .EFfECTIVE DATe APR 22 1958