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Item 6ECity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 6E M E M O R A N D U M (January 19, 2016) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 717-F, 2nd Reading, amending Chapter18, Section 18-79 of the Southlake Code of Ordinances, designating a 25 mph speed limit within Southlake Glen Addition Action Requested: Ordinance No. 717-F, 2nd Reading, amending Chapter 18, Section 18-79 of the Southlake City Code of Ordinances, designating a 25 mph speed limit within Southlake Glen subdivision. Background Information: The developer for the Southlake Glen Addition (formerly Gateway Lakes) has formally requested the speed limit within the development be 25 miles per hour. Historically, speed limit reductions have been requested for fully occupied developments by which 75% of the property owners within the development must sign a petition asking the Council for a change in the speed limit. Council has granted speed limit reductions for eight (8) developments by this ordinance. State Legislature has passed legislation authorizing cities to lower speed limits on local streets to 25 mph without having to conduct a formal engineering study to justify that speed limit. No formal engineering study has been conducted regarding the setting of this speed limit. The ordinance as amended will add the following streets and speed limits to the list of designated streets regulated therein Section 18-79 of Chapter 18, “Traffic and Vehicles” of the Southlake City Code of Ordinances: All portions of streets located within the Southlake Glen Addition, specifically Southlake Glen Drive, Glen Lake Drive and Lake Vista Court. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork A benefit of establishing the reduced speed limit at this time, before any homes are constructed is that speed limit signs can be installed per State prescribed rules before any homes are constructed. The placement of speed limit signs within the subdivision is often a point of contention amongst property owners and sometimes prevents the lowering of speeds within a development. The developer has paid for and posted 25 mph speed limit signs. Approved at 1st reading, January 5, 2016. Financial Considerations: None Strategic Link: The ordinance designating a 25 mph speed limit within the Southlake Glen Addition links to the City’s strategy map relative to the focus areas of Safety and Security and Mobility. The specific corporate objectives that are met by this ordinance include: Achieve the highest standards of safety and security and provide travel convenience within city and region. Citizen Input/ Board Review: None Legal Review: The City Attorney is reviewing the amended ordinance. Alternatives: The City Council may approve or deny Ordinance No. 717-F. Supporting Documents: Ordinance No. 717-F Location Map Staff Recommendation: Approve Ordinance No. 717-F, 2nd Reading, amending Chapter 18, Section 18-79 of the Southlake City Code of Ordinances, designating a 25 mph speed limit within Southlake Glen subdivision. Staff Contact: Robert H. Price, P.E., Public Works Director Steven D. Anderson, P.E., CFM, Civil Engineer ORDINANCE NO. 717-F AN ORDINANCE AMENDING ORDINANCE NO. 717, 717-B, 717-C, 717- D, 717-E AND CHAPTER 18, “TRAFFIC AND VEHICLES”, SECTION 18-79 OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY DESIGNATING THE SPEED LIMIT WITHIN THE SOUTHLAKE GLEN SUBDIVISION AS 25 MILES PER HOUR; 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 545.352 (b) and 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 City Council finds that special hazards exist that require a slower speed in order for an operator to drive at a speed that is reasonable and prudent under the existing circumstances in the neighborhood; 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: N:\00-New N Drive\Meetings\City Council\2016 Agendas\2016-01-05\Item 4E - Ord. 717-F Speed Limit Southlake Glen\Ord. 717-F Speed limit - Southlake Glen.doc (100906) 2 SECTION 1. SPEED LIMITS ESTABLISHED That section 18-79 of Chapter 18, “Traffic and Vehicles”, of the Southlake City Code is hereby amended by adding the following streets and speed limits to the list of designated streets regulated therein: STREET SPEED LIMIT (mph) All portions of streets located within the Southlake Glen 25 Addition, specifically Southlake Glen Drive, Glen Lake Drive and Lake Vista Court SECTION 2. POSTING SIGNS; INVENTORY The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance and to file an updated inventory indicating the new speed limits with the City Secretary as provided in Section 18-82 of the City Code. SECTION 3. CUMULATIVE CLAUSE 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. SECTION 4. SEVERABILITY CLAUSE 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, N:\00-New N Drive\Meetings\City Council\2016 Agendas\2016-01-05\Item 4E - Ord. 717-F Speed Limit Southlake Glen\Ord. 717-F Speed limit - Southlake Glen.doc (100906) 3 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. PENALTY 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. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 18 of the Code of Ordinances of the City of Southlake or any other ordinances or statutes adopting prima facie reasonable and prudent 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. 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 N:\00-New N Drive\Meetings\City Council\2016 Agendas\2016-01-05\Item 4E - Ord. 717-F Speed Limit Southlake Glen\Ord. 717-F Speed limit - Southlake Glen.doc (100906) 4 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 ______ DAY OF _______________, 2015. _____________________________________ Mayor, Laura Hill ATTEST: _____________________________________ City Secretary, Lori Payne N:\00-New N Drive\Meetings\City Council\2016 Agendas\2016-01-05\Item 4E - Ord. 717-F Speed Limit Southlake Glen\Ord. 717-F Speed limit - Southlake Glen.doc (100906) 5 PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF _______________, 2015. _____________________________________ Mayor, Laura Hill ATTEST: _____________________________________ City Secretary, Lori Payne EFFECTIVE DATE: ____________________________ APPROVED AS TO FORM AND LEGALITY: ________________________________ C i t y A t t o r n e y 25 mph LO C A T I O N M A P E. K i r k w o o d B l v d . N . K i m b a l l A v e . NN N