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0733A OFFICIAL RECORD 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 Street Seed 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. School Through the 600 Block of Byron Nelson 20 Pkwy. Old Union Elementary From the 1550 Block of Continental Blvd School 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 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 UUjj5t , 2009. A rj-) MAY R ATTEST: q J www••w•• ~^w, ~I OQ w A CI SECRETAM * CO r eeeeeeeeeeat~et Ordinance No. 733-A - Page 4 of 5 PASSED AND APPROVED ON SECOND READING ON THIS 19 DAY OF 2009. MAYO ATTEST: me Q a•••a •®••7J~° CIT EC _ ftY ; m °t,lFret Saef E6y\ EFFECTIVE DATE: ~i firyJ a APPROVED AS O ORM AND LEGALITY: l.~ Azle CITY ATTORNEY Ordinance No. 733-A - Page 5 of 5 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn: Attn: FINANCE DEPT OF SOUTHLAKE CITY Oil Notice is hereby given Legal imutires I by the City Council WHICH HAVE A 20 of the City of MPH SPEED LIMIT, Southlake, Texas, AND REVISING THE Sales Dish abe bliheldarion G OF TTHE wart HOURS September 1, 2009, SCHOOL ZONE; at 5:30 p.m. or im- PROVIDINGTHAT Misc Fee mediately following THIS ORDINANCE SHALL BE CUMU- the Work Session, during the Regular LATIVE OF . ALL Council. meeting ORDINANCES; PRO - iCity to be held in the City VIDING A SEVER - Council Chambers of .. ABILITY CLAUSE; Hall, 1400 PROVIDING FOR A ,Town Main Street, South- PENALTY FOR VIO- lake, Texas. Purpose LATIONS HEREOF; of the public hearing PROVIDING A SAV- is to consider the INGS CLAUSE; second reading of PROVIDING FOR j the following ordi-, PUBLICATION IN nance: THE OFFICIAL ORDINANCE NEWSPAPER; AND No. 733-A - PROVIDING AN EF- AN ORDINANCE FECTIVE DATE. AMENDING SEC-. - SECTION 4. TION 18-80 OF THE Any person, firm or SOUTHLAKE CITY corporation who vi- CODE (1999), AS orates, disobeys, AMENDED BY RE- omits, neglects or VIDING THE LOC- refuses to comply TION OF SCHOOL with or who resists CROSSING. ZONES the enforcement of i any of the provisions of this ordinance shall be fined not THE STATE OF TEXAS more than Two County of Tarrant Hundred Dollars ($200.00) for each offense. Each day Each that a is Before me, a NotaryPublic in and i Permitted to exist shall constitute a the Star -Telegram, published by th ense City of Soutarate hl ke that the attached clipping of an adV Lori Payne (817) 390-7501 city Secretary Signed 1 81 Print Customer ID: CIT57 Invoice Number: 306208231 Invoice Date: 8/15/2009 Terms: Net due in 21 days Due Date: 8/31/2009 PO Number: 20900115-000 Order Number: 30620823 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 8/15/2009 81 LINE $0.81 $65.61 ($5.00) $5.00 Net Amount: $65.61 �_.. . •u�we.e�s ..u.una�eu CHRISTY L., HOLL.AND ' My Commission Expires Jahcx �� July:31, 2012 9VYVN11111 Y_YitlYit'Y-4Y4VY`1vP4' v` Yv�' this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say d in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Notary Publi 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: 306208231 Invoice Amount: $65.61 PO Number: 20900115-000 Amount Enclosed: INVOICE Print Star-Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 306495901 FORT WORTH,TX 76102 (817)390-7761 R E C E�V E D Invoice Date: 9/4/2009 Federal Tax ID 26-2674582 Terms: Net due in 21 days SEP 2 9 2009 Due Date: 9/30/2009 Bill To: PO Number: PO#20900 1 1 5-000 CITY OF SOUTHLAKE 1400 440�ST QrF� E 0r CITY SECRETARY Order Number: 30649590 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/4/2009 F City OF SOUTH- CITY OF SOUL. ORDINANC E CE E No 13580 1 66 66 LINE $0.81 $53.46 No. 733-A AN ORDINANCE AMENDING SEC- Sales Discount SOO°UTHLLAKE OF THE -�.. ($5.00) CODE (1999), AS AMENDED BY RE- VMisc Fee ION GOF HSCHOOL $5.00 CROSSING ZONES WHICH HAVE A 20 MPH SPEED LIMIT AND REVISING THE DESIGNATED ge L'' HOURS OF THE v►- PROVIDING THAT ``1F41` Net Amount: $53.46 THIS ORDINANCE Fµ�',_.., SHALL BE CUMU- LATIVE OF ALL ORDINANCES, PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR uuuu�uu�u PUBLICATION IN THE NEWSPAPER; AND oCIAL ,�t,Pv piG CHRISTY L.HOLLAND PROVIDING N EF- FECTIVEr�l`n MyCommission Expires SECTIONT4. `4E. '� July 31,201 THE STATE OF TE A�orporas on who or �� County of Tarrant olates, disobeys, omits, neglects or refuses to comply with or who resists Before me,a Notar the enforcement off County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for Or of the provisions the Star-Telegram, of VI' ordinance-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached cI more b thorned Two'nent was publish in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Hundred Dollars ($200.00) for each offense. Each day �O\ that a violation is , permitted to exist Signed '�J `� shall constitute a separate offense. SUBSCRIBED ANI PPI : THIS APE-ZE ME,THIS Thursday,Sep mb 1 0 . 1st DAY OF SEP- viz,ed TEMBER, 2009, DURING THE R Notary Public ULAR CITY COUNCIL ry MEETING. MAYOR: John Terrell ATTEST: Lori Payne, City Secretary 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: 306495901 Invoice Amount: $53.46 PO Number: PO#20900115-000 Amount Enclosed: $