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1043 ORDINANCE NO. 1043 AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON A PORTION OF NORTH KIMBALL AVENUE 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) North Kimball Avenue from State Highway 35 114 to Kirkwood Boulevard 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 with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 2 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 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 3 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 2 / - DAY OF uyt , 2012. • Mayor, John Terrell ATTEST: City Secretary, Alicia Richard • • r e • B L 4 PASSED AND APPROVED ON SECOND READING ON THIS 1 DAY OF , 2012. . 1 Mayor, John errell ATTEST: tkk t a City Secretary, Alicia Richasbn ; * , *........ EFFECTIVE DATE: 401 / 1 • 4 0 20 � APPROVED AS TO FORM AND LEGALITY: I , City Attorney 5 INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 322681491 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 9/7/2012 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 9/30/2012 Bill To: CEP ` 2�1 P O Number: 21200238 CITY OF SOUTHLAKE , - .. 1400 MAIN STrr_ Order Number: 32268149 • STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 9/7/2012 l s c ri s on= ' 4 Loc Col Depth Linage MU Rate Amount CFP( OF SOUTHLAKE CITY OF SO ORDINANCE NO. 1043 i : I, I $17.36 $642.14 AN ORDINANCE AMENDING CHAP- ' TER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE TO ES- Sales Discount TABLISH A NEW SPEED LIMIT ON ($588.87) A PORTION OF NORTH KIMBALL AVENUE WITHIN THE CITY OF THE Misc Fee RE TOR OF PUBLIC T WORKS TO $10.00 POST APPROPRIATE SIGNS; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING FOR A PENALTY FOR V10- Net Amount' $63.27 LATIONS HEREOF; PROVIDING A. SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVID- ING AN EFFECTIVE•DATE. ' 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 be fined not more than Two .�` "�� CNRISTY LYNNE H Hundred Dollars ($200.00) for each ro' n p4�� Notary Pub State of Texas offense. Each day that a violation = x' __ M CO Expires is permitted to exist shall consti- 1 ' 'hr 20 6 tuts a separate offense. %�;; aF t � , c: July 31, Passed and approved this the 4TH � ,,,,,,,,,,, , THE STATE 0 day of Septembfr, 2012 during the M County Of Tarr regular City n Terrell Counci meeting. Attest: Alicia Richardson, City Sec - Before me, a -„(story _ _ _ _ ._y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published ' the: bove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed ��Qi \ kvCC.. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Se• e •` 11, 2012. Notary Public /142 # 1, ..) /' Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 322681491 Invoice Amount: $63.27 PO Number: 21200238 Amount Enclosed: $ i