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0535ORDINANCE NO. 535 AN ORDINANCE AMENDING ORDINANCE NO. 118v AS AMENDED# RELATING TO THE ESTABLISHMENT OF SPEED LIMITS ON CERTAIN STREETS AND ROADWAYS WITHIN THE CITY OF SOUTHLAKE; 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; ~ND 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, pursuant to Section 169 of Article 6701d, Vernon's Tex. Rev. Civ. Stat., the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways. NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2 That Section XXV of Ordinance No. 118, as amended by Ordinance Nos. 231, 231-1, 231-2, 349, and 508, is hereby amended to read as follows: s lake! \speed l i m. ord(ll 1092) Page XXV SPEED LIMIT A. The Chief of Police is hereby authorized to make speed studies, engineering and traffic investigations, when specifically required by the City Council, and make recommendations to the City Council concerning speed regulations and traffic control devices. B. It sha~l be unlawful for any person to drive or operate a vehicle on a street or highway at a speed greater than is reasonable and prudent under the circumstances then existing. C. Any speed in excess of the prima facie maximum reasonable and prudent speed limit for the location shall be prima facie evidence that the speed is no~ reasonable and prudent and that it is unlawful. D. Where no prima facie maximum or reasonable and prudent speed requiring the erection of one or more signs giving notice has been established for a public street or highway within the City of Southlake, Texas urban district, the prima facie maximum reasonable and prudent speed for such location shall be 30 miles per hour unless a slower speed is required by applicable provisions of the State laws of Texas. E. The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated below shall be the speed in miles per hour designated below, between 7:30 a.m. to 8:45 a.m., both inclusive and 2:30 p.m. to 3:45 p.m., both inclusive, Monday through Friday, provided that an appropriate sign giving notice thereof is erected. It shall be an affirmative defense to a charge of exceeding said prima facie maximum speed, established below, that the day in question was a day when there were no classes in session at the nearest school. SCHOOL ZONE NORTH N. CARROLL AVE. 194 ft. 9 in 268 ft North 20 South of the of the curb N. curb line line of East of Casey Ct. Highland St. SOUTH N. CARROLL AVE. 268 ft North 194 ft 9 in. 20 of N. curb South of N. line of East curb line of Highland St. Casey Court EAST E. HIGHLAND ST. 350 ft. West of W. curb line of North Carroll Ave. 730 ft East of E. curb line of N. Carroll Avenue 20 s [ a ke I \speed [im. ord( 111092 ) Page - 2 - WEST E. HIGHLAND St. 730 ft. East 350 ft. West of E. curb of W. curb line of North line of North Carroll Ave Carroll Avenue EAST E. DOVE STREET WEST E. DOV~ STREET 1301 ft West of W. Curb line of N. Carroll Ave. 248 ft East of E. curb line of N. Carroll Avenue 248 ft. East 1301 ft. West of of E. curb W. curb line of line of N. N. Carroll Avenue Carroll Ave. 2O 20 SOUTH N. CAtLROLL AVE '1464 ft 5 in. 403 ft south of 20 North of N. S. curb line of curb line of E. Dove Street E. Dove St. NORTH N. CARROLL AVE 403 ft. South 1464 ft 5 in. N. 20 of S. curb of N. curb line line of E. of East Dove St. Dove Street EAST E. SOUTHLAKE BLVD 324 ft. West 70 ft West of W 20 of W. curb curb line of line-Crooked Crooked Lane Blvd Lane Blvd. WEST E. SOUTHLAKE BLVD 70 ft West of W. curb line of Crooked Lane Blvd. 324 ft W of W. curb line of Crooked Lane Blvd 20 F.1. The prima facie maximum reasonable and prudent speed for travel upon any street or roadway within the corporate city limits of the City of Southlake, Texas, shall be thirty (30) miles per hour, except: a) upon State Highway 114 and Farm to Market Road 1709; b) upon streets or roadways, or portions thereof otherwise designated by Ordinance as a School Zone; c) upon streets and roadways with a speed limit otherwise established by the State of Texas; or d) upon those streets and roadways designated in subparagraph F.2. below. Said speed limit of thirty (30) miles per hour shall be effective immediately upon any street or roadway not presently posted by s take! \speed [ i m. ord(111092) Page appropriate signs and shall be effective upon any street or roadway otherwise posted with a different speed limit upon such presently existing speed limit sign being removed and a new speed limit sign reflecting a posted speed of thirty (30) miles per hour being erected. 2. The following streets and roadways within the City of Southlake, Texas, shall have a prima facie maximum reasonable and prudent speed for travel of forty (40) miles per hour: (a) South White Chapel Boulevard from East Continental Boulevard to F.M. 1709; and (b) North White Chapel Boulevard from F.M. 1709 to Dove Road. G. The foregoing itemized speed areas shall have the following meaning to any abbreviations used therein: "E" means "East" "W" means "West" "N" means "North" "S" means "South" "F.M." means "Texas Farm to Market Road" "R.M." means "Texas State Ranch to Market Road" "I" means "Interstate" "S.H." means "Texas State Highway" "U. S." means "United States Highway" Block number is inclusive as to the portion of the street covered by both block numbers and all areas between said block numbers including intersections. 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. Ordinance No. 396 is hereby repealed in its entirety. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of s [ akeI \speedl im. ord(111092) Page -4- this ordinance are severable, paragraph or section unconstitutional by the competent jurisdiction, and if any phrase, clause, sentence, of this ordinance shall be declared valid judgment or decree of any court of 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 is permitted to exist shall constitute a separate a violation offense. SECTION 6 Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 118, as amended, 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. s [ake ! \speed l i m. ord( 111092 ) Page 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 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 FEBRUARYv 1992. ON FIRST READING ON THIS 18TH DAY OF MAYOR ATTEST: CITY SECRETARY s lake! \speedl i m. ord( 111092 ) Page - 6- PASSED MARCH, 1992. AND APPROVED ON SECOND READING ON THIS 3RD DAY OF ,,,,~',i ~ ~ /"_',,, .~ ~ . '~<~.' -~"- · % ............. ' .~ ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: s t akeI \speedl im. ord(111092) Page -7- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS inty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared KATHY SPENCER Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE I AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINERATE AMOUNT MAR 06 6835254 CL . 358 1X46 L 46 . 40 18 .40 mar 6 ORDINANCE NO.535 AN ORDINANCE AMEND- ING ORDINANCE NO. 118 TO THE ESTABLISHMENT OFSPEEDLIMITSONCER- TAIN STREETS AND ROADWAYS WITHIN THE 1358 Legal Notices CITY OF SOUTHLAKE- PROVIDING THAT THIS ORDINANCE SHALL BE ' CUMULATIVE OF ALL OR- DINANCES-PROVIDING A I SEVERABILITkC LAUSE; POVIDIG FA PEN- \\tF8 ATY R VATIONS --- -- --- --- --- --- HEREOF, DING A SAVINGS FOR CLAUPUE`l SE LIPRO- SIGNED VIDING CA- TION IN THE OFFICIAL JBSI RI�vN DING ANROFECTIVE TO BEFORE ME, THIS THE 9TH DAY OF MACH, 1992 DATE. SECTION NOTARY PUBLIC S Any cerson firm or corpo ra- , e lion who v(olates, dlantwys, ,L.N omlis neglects or refuses to G enfor emehofanyoftheoro- • ARRANT COUNTY, TEXAS enforcement of any of the pro- - visions of this ordinance shall - be fined not more than Two h/N .q4i tiS�E A. ftBSSELI Hundred Dollars(5200.00)for ,rf each offense.Each daTong! that a A.:, - , C0�1nr1SS10N EXPIRES violation Is permitted to exist �; y shall g'SsED ifute a separate iP OETGBER N27, 1993 PASSED AND APPROVED �'f,. , �„ INSECONDREADINGTHISFw THE 3rd Day of MARCH, 1992. Gary Flckes CMa Sr o S aonudhrlaa Le L eGrand City Secretary Approved as to form:E.Allen Taylor Jr.,City Attorney THIS PERF RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—� REMIT TO: 400 W. SEVENTH, FW, TX 76102 Fbrt WorthStar-TelegramTT,.: :. KxXX12051 ACCOUNT AMOUNT 6835254 NUMBER CIT57 DUE 18 . 40 1 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE PLEASE PAY 18 .4 0 SOUTHLAKE TX 7 6 0 9 2-8 8 9 8 THIS AMOUNT ATTN: MARY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 - E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared KFT,LEY ALLARD Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : oTA DATE I AD INVOICE NO. DESCRIPTION AD SIZEI RATE AMOUNT FEB 21 6828420 . CL . 358 1X61 L 61 1 . 40 24 . 40 , Feb 21 NOTICE OF PUBLIC HEARING NOTICE isherebYggiventoall i nterested persons that the C i- ty Council of the City of South- lake Texas,will be holding a pubic hearing during the Regular CityCouncilmeeting ........ ............ ............. ._._._ _ I to be held on March 3 1992,at 7:00p.m. SouthlakeC.ityHall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance: ORDINANCE NO.535 AN ORDINANCE 25THL FEBR AMENDING ORDI-AS SIGNE A tf A (2/11 MENDED RELATY,- 992 -UBSCRIBE' ING TO THE ESTAB- �,O BEFORE ME , TH THE �A OF LISHMENT OF SPEED LIMITS ON CERTAIN NOTARY PUBLIC ,x - STREETS AND ROAD- " WAYS WITHIN THE Cl- _.... .._-. ... ............ tL�-_ _.___... TY OF SOUTHLAKE• - �.T'.. PROVIDING THAT TARRANT COUNTY , 'TEXAS SHALL BE CUMULA- TIVE Or 'ALL ORDI- NANCES_ --- i PROVIDING �qo-�•.a..‹.14WZ.'-'"-,�,�'r _r A SEIERABILITY -,s'', CLAUE• PROVIDING tiP�•T•�.'lr rr IDVF, CftNCE s�7.' FORIOA PENALTY FOR .....__ ._._ t KATI J_7 '� •VIOLATIONS t • �', r '1 {'tn1'r HEREOF;PROVIDING CiQI f 1J_• 1 '" A SAVINGS CLAUSE; S ., . ^C w PROVIDING FOR PUB- S'�+ '`a JI -ir U' c 1J,JJ 6 LICATION INT HE OF- - y1 cv a'egogiftegolv°' FILIAL NEWSPAPER �.� .- AND PROVIDING API �'�'�'' � EFFECTIVE DATE. --\ SECTION 6 {e,\j Any person,firm or corpo- ration who violates,disobeys, I PERF�FI TION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT omits neglects or refuses to comp(ywithor who resists the enforcement of any of the pro- visions of this ordinance shall rno sadndDolla siS2,00000i REMIT TO : 400 W . SEVENTH , FW, TX 76102 for each offense. Each day that a violation Is permitted to ^Or l constitute a sepa- ``r`r`__ se. Telegram ,„., 1 r Southlake ,�`:�,7,rT•7: ��� X♦�f ��Q�X�I�� ��XI�X'�7�1-2051 c4eilalsdiraheaLn1 CitySe LeGrandCity Secretary 8 -......,..... ACCOUNT C I T 5 7 AMOUNT 2 4 4 0 r NUMBER DUE �62y��4t dye � . j PACE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 24 . 40 SOUTHLAKE TX 76092-8898 PLEASE PAY THIS AMOUNT ► ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED - -