1008 OFFICIAL RECORD
ORDINANCE NO. 1008
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE
SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON
TWO PORTIONS OF EAST KIRKWOOD BOULEVARD AND BLESSED
WAY WITHIN THE CITY OF SOUTHLAKE; DIRECTING THE
DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 545.356 of the Texas Transportation Code grants the City of
Southlake, Texas the authority to establish prima facie minimum reasonable and
prudent speeds within its corporate boundaries for vehicles on streets and highways;
and
WHEREAS, the Director of Public Works has conducted an engineering and
traffic investigation and study to determine a prima facie maximum speed limit which is
reasonable and safe on the roadways within the city limits of Southlake that are the
subject of this ordinance; and
WHEREAS, in accordance with the engineering and traffic investigation and
study, the City Council desires to adopt this ordinance setting prima facie maximum
speed limits on these roadways within the City of Southlake; and
WHEREAS, the prima facie maximum reasonable speed limits adopted herein
are not in conflict with any order of the Texas Transportation Commission declaring
speed limits along any roadways within the city limits of Southlake.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Chapter 18, Section 18 -79 of the Southlake City Code is hereby amended by
establishing the prima facie maximum reasonable and prudent speed for travel on the
portions of the streets or highways designated below, which shall be the speed in miles
per hour (mph) designated below, provided that an appropriate sign giving notice
thereof is erected:
STREET SPEED LIMIT (mph)
East Kirkwood Boulevard from North Kimball 35
Avenue to Highland Street
East Kirkwood Boulevard from Southmont to 35
North White Chapel Boulevard
Blessed Way 35
SECTION 2.
The Director of Public Works is hereby directed to ensure that appropriate signs
are erected and maintained giving notice of adopted speed limits.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict
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with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of the Southlake City Code or any other ordinances
affecting prima facie speed limits on roadways within the city limits which have accrued
at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
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ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10)
days after passage of this ordinance, as required by Section 3.13 of the Charter of the
City of Southlake.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 2Lst DAY OF
SIM') , 2011.
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Mayor, John Terrell
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City Secretary, Alicia Ric awl
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PASSED AND APPROVED ON SECOND READING ON THIS 2nd DAY OF
1191� - , 2011.
Mayor, John Terrell
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City Secretary, Alicia Richard
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EFFECTIVE DATE: 3-5
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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