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HomeMy WebLinkAboutORD1349ORDINANCE NO. 1349 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING THE SPEED LIMIT ON DELAWARE DRIVE BETWEEN WEST APACHE TRAIL AND SUPERSTITION BOULEVARD;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Arizona Revised Statutes ("A.R.S.") § 9- 276,it is in the public interest to ensure safe, effective and efficient traffic flow along public rights -of -way within the City of Apache Junction, Arizona, and the Mayor and City Council find that speed limits are necessary to further this goal; and WHEREAS, pursuant to Apache Junction City Code § 12-2-4, the City may establish and/or change speed limits as deemed necessary for the public safety; and WHEREAS,in accordance with A.R.S.§28-703(E),a local authority may also alter the maximum speed limit on its streets but may not make more than six alterations' per mile, in increments of ten miles per hour for each alteration; and WHEREAS,safety concerns about the traveling public on Delaware Drive between Apache Trail and Superstition Boulevard has recently been an issue due to the physical condition of the roadway and increased heavy trUck .traffic volume; and WHEREAS, immediate action is necessary to preserve the peace, health and safety of City residents at this location. NOW,THEREFORE,BE IT ORDAINED THAT BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, as follows: SECTION I IN GENERAL 1.The speed limit on Delaware Drive between West Apache Trail and Superstition Boulevard is established at 25 mph. 2.The Director of Public Works and the Director of Public Safety are hereby immediately empowered and directed to initiate appropriate action to install speed limit signs and enforce the decreased speed limit at the above -noted location. ORDINANCE NO. 1349 PAGE 1 OF 2 SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,Or anypart of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance,or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It is necessary for the preservation of the peace,health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist, and that this ordinance shall be effective immediately upon passage and adoption. :PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 15TH DAY OF SEPTEMBER , 2009. SIGNED AND ATTESTED TO THIS 15TH DAY OF SEPTEMBFR N S. INSALACO MAYOR ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1349 PAGE 2 OF 2 , 2009.