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Item 5GCity of Southlake, Texas MEMORANDUM August 15, 2006 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 897; 1st Reading, Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. Action Requested: Approve Ordinance No. 897; 1st Reading, Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. Background Information: North Carroll Avenue from Southlake Boulevard (FM 1709) to SH 114 and Kimball Avenue from SH 114 to the South City Limits were both recently improved to four lane divided concrete streets. This type of street can be safely traveled at a speed higher than 30 miles per hour if determined by a traffic engineering study. Public Works requested Lee Engineering perform a speed study and traffic engineering analysis for both streets to determine a reasonable and prudent speed to use to establish appropriate speed limits. They have completed their studies and analyses and made their recommendations. Public Works concurs and proposes the following speed limits for these two streets: North Carroll Avenue from Southlake Blvd to SH 114 40 mph Kimball Avenue from Crooked Lane South to the City Limits 40 mph Kimball Avenue from Crooked Lane to SH 114 35 mph Financial Considerations: The cost of the additional signs for the new speed limits is approximately $600.00. Funds are available in the 2007 operating budget for these services (100- 144 - 5781). Citizen Input/ Board Review: None Legal Review: Reviewed by Tom Scollon for the City Attorney. Alternatives: The City Council may approve or deny the ordinance. Supporting Documents: Location Map Ordinance 897 Staff Recommendation: Approve Ordinance No. 897. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon Mayer, P.E., City Engineer Page 2 of 2 Values 35 MPH "" 40 MPH � J ORDINANCE NO. 897 AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON A PORTION OF NORTH CARROLL AVENUE AND TWO PORTIONS OF KIMBALL AVENUE WITHIN THE CITY OF SOUTHLAKE; 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 545.356 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 Director of Public Works has conducted an engineering and traffic investigation and study to determine a prima facie maximum speed limit which is reasonable and safe on the roadways within the city limits of Southlake that are the subject of this ordinance; and WHEREAS, in accordance with the engineering and traffic investigation and study, the City Council desires to adopt this ordinance setting prima facie maximum speed limits on these roadways within the City of Southlake; 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: SECTION 1. Chapter 18, Section 18 -79 of the Southlake City Code is hereby amended by establishing the prima facie maximum reasonable and prudent speed for travel on the portions of the streets or highways designated below, which shall be the speed in miles per hour (mph) designated below, provided that an appropriate sign giving notice thereof is erected: STREET SPEED LIMIT (mph) North Carroll Avenue from F. M. 1709 to S. H. 114 40 Kimball Avenue from Crooked Lane South to the 40 City Limits Kimball Avenue from Crooked Lane to S.H. 114 35 SECTION 2. The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of adopted speed limits. 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 W: \Southlake \Ordinances \Speed \Speed limit Carroll Kimball.doc (082806) 2 with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. 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 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 a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of the Southlake City Code 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 W: \Southlake \Ordinances \Speed \Speed limit Carroll Kimball.doc (082806) 3 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 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 2006. Mayor, Andy Wambsganss ATTEST: City Secretary, Lori Farewell W: \Southlake \Ordinances \Speed \Speed limit Carroll Kimball.doc (082806) 4 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2006. Mayor, Andy Wambsganss ATTEST: City Secretary, Lori Farewell EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney W: \Southlake \Ordinances \Speed \Speed limit Carroll Kimball.doc (082806)