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Item 4E - Ordinance No. 733-E - Redlined VersionOrdinance No. 733-E- Page 1 of 5 ORDINANCE No. 733-E AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE, AS AMENDED BY REVISING SCHOOL CROSSING ZONE AREA FOR CERTAIN SCHOOL ZONES; 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, pursuant to Section 545.356 of the Texas Transportation Code, 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; and WHEREAS, the city council of the City of Southlake recognizes that it is necessary to regulate traffic near schools to promote the safety of children going to or from school; and WHEREAS, the city council of the City of Southlake deems it necessary to provide a reduced speed limit in specific areas around schools that is of sufficient space to protect children going to and from school; and WHEREAS, the City of Southlake has heretofore adopted an ordinance regulating school zone speed limits within the City of Southlake; and WHEREAS, the city council deems it necessary and advisable to amend certain school crossing zone areas around Carroll Senior High School and Florence Elementary School. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Subsection 18-80(a) of Article III “Speed” of Chapter 18 “Traffic and Vehicles” of the Southlake City Code is hereby amended to read as follows: The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated in this section shall be the speed in miles per hour designated, between and including thirty (30) minutes before and (10) after the start of school in the morning (a.m.), and ten (10) minutes before and (30) minutes after the close of the school in the afternoon (p.m.), Monday through Ordinance No. 733-E- Page 2 of 5 Friday, when school is in session, provided that an appropriate sign giving notice of such speed zone is erected. The reduced speed limits established in this section shall only be enforced between the signs which are erected designating the beginning and end of each school crossing zone. It shall be an affirmative defense to a charge of exceeding the prima facie maximum speed established as follows that the day in question was a day when there were no classes in session at the nearest school: School Crossing Zone Street Speed Limit Carroll Elementary From the 1300 block of S. Peytonville Ave to the 2000 block of Continental Blvd From the 1600 block of W. Continental Blvd through the 1900 block of W. Continental Blvd 20 Carroll Senior High School From the 100 block of S. Peytonville Ave through the 600 block of S. Peytonville Ave 20 Johnson Elementary School From the intersection of N. Carroll Ave and Highland avenue through the 1500 block of N. Carroll Ave 20 Carroll High School From the 600 block of N. White Chapel Blvd through the 1100 block of N. White Chapel Blvd 20 Carroll Middle School From the 1600 block of E. Kirkwood Blvd through the 1900 block of E. Kirkwood Blvd From the intersection of E. Kirkwood Blvd and Blessed Way through the 900 block of Blessed Way From the 1600 block of E. Highland St through the 1950 block of E. Highland St From the intersection of E. Highland St and Sunshine Lane north 100’ along Sunshine Lane 20 The Clariden School From the 3800 block of N. White Chapel Blvd. through the 4000 block of N. White Chapel Blvd 20 Durham Elementary School From the 500 block of Shady Oaks Dr through the 900 block of Shady Oaks Dr 20 Florence Elementary School From the 2900 block of Johnson Rd through the 3250 block of Johnson Rd From the 100 block of Harrell Dr to the intersection with Johnson Rd 20 Ordinance No. 733-E- Page 3 of 5 Montessori School From the 1000 block of E. Highland St to the intersection with N. Carroll Ave 20 Rockenbaugh Elementary School From the 100 block of Byron Nelson Pkwy through the 600 block of Byron Nelson Pkwy 20 Old Union Elementary School From the 1550 block of Continental Blvd through the 1000 block of Continental Blvd From and including the intersection of Breezeway and Continental Blvd to and including the intersection of S. Carroll Avenue and Breezeway From the 1200 block of Brumlow through the roundabout to the 800 block of S. Carroll Ave. 20 Dawson Middle School and Eubanks Intermediate School From the 200 block of S. Kimball Ave to the 700 block of S. Kimball Ave 20 Walnut Grove Elementary School From the 2500 block of N. White Chapel Blvd to the 2700 block of N. White Chapel Blvd 20 SECTION 2. 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 3. 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. Ordinance No. 733-E- Page 4 of 5 SECTION 4. 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 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Section 18-80 or any other ordinances affecting speed limits in school zones 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 6. 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 or its caption and penalty 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 7. 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. Ordinance No. 733-E- Page 5 of 5 PASSED AND APPROVED ON FIRST READING ON THIS __________ DAY OF _______________, 2024. ____________________________________ MAYOR, SHAWN MCCASKILL ATTEST: ____________________________________ CITY SECRETARY, AMY SHELLEY PASSED AND APPROVED ON SECOND READING ON THIS __________ DAY OF _______________, 2024. ____________________________________ MAYOR, SHAWN MCCASKILL ATTEST: ____________________________________ CITY SECRETARY, AMY SHELLEY EFFECTIVE DATE: ______________________________ APPROVED AS TO FORM AND LEGALITY: _________________________________________________ CITY ATTORNEY