Item 6AM E M O R A N D U M
(September 1, 2009)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Ordinance No. 733-A, 2nd Reading, Approve a Speed
Limit Ordinance Amending Section 18-80 of the
Southlake City Code revising the location of School
Crossing Zones
Action
Requested:
Ordinance No. 733-A, 2nd Reading, Approve a Speed Limit
Ordinance Amending Section 18-80 of the Southlake City
Code revising the location of School Crossing Zones.
Background
Information:Council passed Ordinance No. 733 on 2nd Reading on
February 8, 1999. Due to changes (additions and deletions)
in CISD campus locations, it is necessary to amend this
ordinance to reflect the changes from time to time.
Since the passage of the original Ordinance No. 733
pertaining to school crossing zones, Carroll Intermediate
School on Highland has been deactivated and Old Union
Elementary, Dawson Middle School and Eubanks
Intermediate School has been opened.
Ordinance 733 states in Section 18-80, Limits for school
crossing zones, that times for these zones shall be “…
designated, between and including thirty (30) minutes before
and after the start of school in the morning (a.m.) and thirty
(30) minutes before and after the close of the school in the
afternoon (p.m.), Monday through Friday, when school is in
session, provided that an appropriate sign giving notice of
such speed zone is erected. No change to this language is
proposed as part of this ordinance revision.
With the closing of Carroll Intermediate School, this
ordinance proposes that the school zone which exists on
Highland Avenue, from the 1300 block of E. Highland to the
intersection with N. Carroll Avenue be eliminated. Staff
further recommends that this ordinance shorten the school
zone for Johnson Elementary School by revising the limits
from the N. Carroll Avenue/Highland Avenue intersection
through the 1500 block of N. Carroll Avenue.
Other minor revisions in the zone locations were made in
order to indicate the location of the existing school zone
signage.
Financial
Considerations:
None
Strategic Link:
The ordinance altering the prima facie speed limit and
establishing school crossing zones 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 agreement include: Achieve the highest
standards of safety and security and Provide travel
convenience within city and region.
Citizen Input/
Board Review:
None
Legal Review:
None
Alternatives:
The City Council may approve or deny Ordinance No. 733-A
Supporting
Documents:
Ordinance No. 733-A
Location Map – Johnson Elementary School zone
Staff
Recommendation:
Approve Ordinance No. 733-A, 2nd Reading, Approve a
Speed Limit Ordinance Amending Section 18-80 of the
Southlake City Code revising the location of School Crossing
Zones.
Staff Contact:
Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., Deputy Director of Public Works
ORDINANCE No. 733-A
AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE
CITY CODE (1999), AS AMENDED BY REVISING THE LOCTION OF
SCHOOL CROSSING ZONES WHICH HAVE A 20 MPH SPEED LIMIT,
AND REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE;
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 for a period of time that is of sufficient length 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
zones and designated school zone hours within the city in which a 20 mph speed limit will apply
has been based upon an engineering and traffic investigation and study.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
Section 18-80 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 after the
Ordinance No. 733-A - Page 1 of 5
start of school in the morning (a.m.), and thirty (30) minutes before and after the
close of the school in the afternoon (p.m.), Monday through 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 StreetSpeed Limit
Carroll Elementary From the 1300 Block of S. Peytonville to the
2000 Block of Continental Blvd.
20
From the 1600 Block of W. Continental
Blvd. through the 1900 Block of W.
Continental Blvd.
Carroll Senior High School From the 100 block of S. Peytonville
through the 400 Block of S. Peytonville 20
Johnson Elementary School From the intersection of N. Carroll Ave. and
Highland avenue through the 1500 Block of 20
N. Carroll Ave.
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 2200 Block of N. Carroll Ave.
through the 2600 Block of N. Carroll Ave.
20
From the 900 Block of E. Dove through the
1100 Block of E. Dove
The Clariden School From the 3800 Block of N. White Chapel
Blvd. through the 4000 Block of N. White 20
Chapel Blvd.
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.
20
From the 200 Block of Harrell Dr. to the
intersection with Johnson Rd.
Ordinance No. 733-A - Page 2 of 5
Montessori School From the 1000 Block of E. Highland St. to
the intersection with N. Carroll Ave. 20
Rockenbaugh Elementary From the 100 Block of Byron Nelson Pkwy.
SchoolThrough the 600 Block of Byron Nelson 20
Pkwy.
Old Union Elementary From the 1550 Block of Continental Blvd
Schoolthrough the 1000 Block of Continental Blvd
From and including the intersection of
Breezeway and Continental Blvd to and
including the intersection of S. Carroll 20
Avenue and Breezeway.
From the 1200 Block of Brumlow through
the roundabout to the 800 Block of S.
Carroll Avenue.
Dawson Middle School and From the 200 Block of S. Kimball Avenue
Eubanks Intermediate to the 700 Block of S. Kimball Avenue 20
School
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.
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
Ordinance No. 733-A - Page 3 of 5
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.
PASSED AND APPROVED ON FIRST READING ON THIS __________ DAY OF
_______________, 2009.
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
Ordinance No. 733-A - Page 4 of 5
PASSED AND APPROVED ON SECOND READING ON THIS __________ DAY OF
_______________, 2009.
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
EFFECTIVE DATE: ______________________________
APPROVED AS TO FORM AND LEGALITY:
_________________________________________________
CITY ATTORNEY
Ordinance No. 733-A - Page 5 of 5
SCHOOL CROSSING
SCHOOL CROSSING
ZONES TO REMAIN
ZONES TO REMAIN
REMOVE SCHOOL
REMOVE SCHOOL
CROSSING ZONES
CROSSING ZONES
REMOVE SCHOOL
REMOVE SCHOOL
CROSSING ZONES
CROSSING ZONES