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Item 8AMEMORANDUM January 20, 2004 To: Billy Campbell, City Manager From: Malcolm Jackson, Director of Community Services (xt. 1527) Subject: Ordinance No. 844, I st Reading, amending Chapter 12 of the City Code, and establishing designated speed limits within City parks Action Requested: City Council approval of proposed Ordinance No. 844, 1 st Reading, amending Chapter 12 of the City Code, and establishing designated speed limits within City parks. Background Information: As the use of the parks system continues to grow, traffic speeds on interior park roads has become an increasing concern. Presently there is no designated speed limit for vehicular traffic within the parks (park roads and parking lots). Given the high number of pedestrians and increased traffic flows it is proposed that enforceable speed limits be considered as a method of providing improved safety for park patrons. The City has ten parks within its system, some of which are presently undeveloped or do not have park roads. Bob Jones Park, Bicentennial Park, and the Southlake Sports Complex are the parks that currently have park roads or entry drives. These three parks also represent the sites where the highest amount of vehicular and pedestrian traffic occurs (soccer, baseball, softball, lacrosse, gymnastics, tennis, etc.). Following consultation with the Departments of Public Works and Public Safety it was determined that a survey of park speed limits in other Texas cities was an appropriate method of study. Staff surveyed seventeen (17) cities in Texas and determined that the average speed limit for park roads was 16 mph (includes two cities that also had adopted a 5 mph speed limit for their parking lots). Based on a review of the survey information with the Director of Public Safety and the Director of Public Works, it is recommended that a maximum speed limit of sixteen (16) miles per hour be established for all park roads within Southlake. Sixteen (16) miles per hour is proposed to improve safety levels for pedestrian and vehicular traffic and draw greater attention to the posted speed limit. It is further recommended that a maximum speed limit of five (5) miles per hour be established for parking lots within City parks. Financial Consideration: The cost to install speed limit posts and signs is approximately $200 each. It is estimated that a total of twelve signs will be required. Funding for this project is currently available in the departmental operating budget. Financial Impact: There are no long term financial impacts anticipated with this proposal. Citizen Input/ Board Review: The Parks and Recreation Board recommended approval (8 -1) at their November 10, 2003 meeting. The one dissenting vote indicated support for even lower speed limits in the parks. Legal Review: The City Attorney has reviewed the proposed ordinance. Alternatives: Alternatives may include: • City Council approval of the proposed ordinance as submitted. • City Council input and approval of the proposed ordinance as desired. • City Council denial of the proposed ordinance. Supporting Documents: Supporting documents include: • Proposed Ordinance No. 844 • Survey information • Location map of park properties Staff Recommendation: City Council approval of proposed Ordinance No. 844, l gt Reading, amending Chapter 12 of the City Code, and establishing designated speed limits within City parks. ORDINANCE NO. 844 AN ORDINANCE AMENDING CHAPTER 12, "PARKS AND RECREATION", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY DESIGNATING THE SPEED LIMIT WITHIN CITY PARKS AS 16 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, the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on park roads and parking lots; and WHEREAS, special hazards exist within each of the City parks which require a slower speed in order for an operator to drive at a speed that is reasonable and prudent under the existing circumstances; and WHEREAS, the Director of Public Safety and the Director of Public Works have conducted an engineering and traffic investigation of each such park to determine reasonable and safe prima facie speed limits for such City park; and WHEREAS, the results of the engineering and traffic investigation indicate the need to alter the prima facie speed limit in City parks to provide a reduced speed limit to protect the safety and general welfare of the citizens of the City and all users of City parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. SPEED LIMIT ESTABLISHED IN CITY PARKS That section 12 -34 and 12 -35 of Chapterl2, "Parks and Recreation ", of the Southlake City Code are hereby added to read as follows: "Sec. 12 -34. Speed Limit in City Parks. The prima facie maximum reasonable and prudent speed for travel on all City park roads is 16 miles per hour, and 5 miles per hour in all City park parking lots provided that an appropriate sign giving notice thereof is erected. Sec. 12 -35. 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 in City parks 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 2. 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 3. 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, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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 5. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances or statutes adopting prima facie reasonable and prudent speed limits in City parks 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. PUBLICATION 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. EFFECTIVE DATE 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 2004. THE HONORABLE ANDY WAMBSGANSS, MAYOR ATTEST: LORI FARWELL, CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1 2004. THE HONORABLE ANDY WAMBSGANSS, MAYOR ATTEST: LORI FARWELL, CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney Cities Surveyed Park Speed Limit Parking Lot Speed Limit 1 Amarillo 20 Mph N/A 2 Austin 15 Mph N/A 3 Carrollton 15 Mph N/A 4 Corsicana 20 Mph N/A 5 Dallas 20 Mph N/A 6 Duncanville 15 Mph N/A 7 El Paso 15 Mph 5 mph a Fort Worth 20 Mph 5 mph 9 Irving 10 Mph N/A 10 Lewisville 20 Mph N/A 11 Lubbock 20 Mph N/A 12 New Braunfels 20 Mph N/A 13 Pasadena 10 Mph N/A 14 Richardson 20 Mph N/A 15 Stephenville 10 Mph N/A 16 Texarkana 15 Mph N/A 17 Weatherford 20 Mph N/A Avg Speed Limit 16 mph* * average includes parking lot speed limits 20 15 Park Speed 10 Limit s 0 fu Cities Surveyed Park Facilities Location Map