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Item 4KCITY OF SOUTHLAKI MEMORANDUM (June 21, 2011) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 1008, 1st Reading, Approve a Speed Limit Ordinance Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on portions of East Kirkwood Boulevard and Blessed Way. Action Requested: Ordinance No. 1008, 1st Reading, Approve a Speed Limit Ordinance Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on portions of East Kirkwood Boulevard and Blessed Way. Background Information: East Kirkwood Boulevard from North Kimball Avenue to Highland Street was recently constructed with the Gateway Church and New Carroll Middle School projects. The section from the Gateway Church north driveway to Highland was constructed with the 2011 CIP program. East Kirkwood Boulevard from Southmont to North White Chapel was recently constructed with Carillon Phase 1A. This street is a four -lane divided arterial roadway. The design speed is 45 mph. When traffic is flowing on these two portions of East Kirkwood Boulevard, Public Works will perform a required speed study to determine a reasonable and prudent speed to establish appropriate speed limits for an arterial roadway. The purpose of Ordinance No. 1008 is to set a base line speed limit that is appropriate to an arterial roadway. Blessed Way was recently constructed with Gateway Church. This street is a four -lane undivided collector. The design speed is 35 mph. Public Works proposes the following speed limits for these streets: East Kirkwood Boulevard from North Kimball Avenue To Highland Street 35 East Kirkwood Boulevard from Southmont to North White Chapel 35 Blessed Way Financial Considerations None 193PI Strategic Link: The ordinance establishing speed limits 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. 1008 Supporting Documents: Ordinance No. 1008 Location Maps Staff Recommendation: Approve Ordinance No. 1008, 1 st Reading, Approve a Speed Limit Ordinance Amending Chapter 18, Section 18 -79 of the Southlake City Code establishing a new speed limit on portions of East Kirkwood Boulevard and Blessed Way. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Steven D. Anderson, P.E., Civil Engineer ORDINANCE NO. 1008 AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON TWO PORTIONS OF EAST KIRKWOOD BOULEVARD AND BLESSED WAY 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) East Kirkwood Boulevard from North Kimball 35 Avenue to Highland Street East Kirkwood Boulevard from Southmont to 35 North White Chapel Boulevard Blessed Way SECTION 2. 35 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 NA00 -New N Drive \Meetings \City Council \2011 Agendas \2011 -06 -21 \Item 4K- Ordinance 1008, Kirkwood Speed 2 Limit \Speed limit -- Kimball Ord.doc (100906) 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 NA00 -New N Drive \Meetings \City Council \2011 Agendas \2011 -06 -21 \Item 4K- Ordinance 1008, Kirkwood Speed 3 Limit \Speed limit -- Kimball Ord.doc (100906) 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 2011. Mayor, John Terrell ATTEST: City Secretary, Alicia Richardson NA00 -New N Drive \Meetings \City Council \2011 Agendas \2011 -06 -21 \Item 4K- Ordinance 1008, Kirkwood Speed 4 Limit \Speed limit -- Kimball Ord.doc (100906) PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2011. Mayor, John Terrell ATTEST: City Secretary, Alicia Richardson EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney NA00 -New N Drive \Meetings \City Council \2011 Agendas\2011 -06 -21 \Item 4K- Ordinance 1008, Kirkwood Speed 5 Limit \Speed limit -- Kimball Ord.doc (100906) East Kirkwood Boulevard — North JI'y Kimball to East Highland 4 � mph .H. .. I II I 1 Gateway Church Site 1 New arroll Mid School z J J �x East Kirkwood Boulevard Southmont to North White Chapel Blessed Way N w Carroll 35 mph Mi dle Schc iRvr- nP-m -- --- Gateway Church Site WAY