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Item 4HM E M O R A N D U M (May 15, 2012) To:Shana Yelverton, City Manager From:Robert H. Price, P.E., DirectorofPublic Works Subject:Ordinance No. 1033,1stReading, Adopt an ordinance to establish parking restrictions on the east side of Breeze Way and Union Church between the 2200 and the 3100 blocks of Union Church Action Requested: Ordinance No. 1033,1stReading, Adopt an ordinance to establish parking restrictions on the east side of Breeze Way and Union Church between the 2200 and the 3100 blocks of Union Church Background Information: City staff has received complaints regarding parking at both the Breeze Way and the Union Church locations identified in this ordinance. With respect to parking on Breeze Way, it has been observed that vehicles are being parkingon the public sidewalk that is located on the east side of Breeze Way adjacent to Old Union Elementary School. This is occurring during sports team practices held on the CISD property. There is a parking lot located on CISD property that can utilized for these eventsconnected to the field by a pedestrian bridge over the drainage channel. With respect to parking on Union Church, it has been observed that vehicles are being parked on the north side of Union Church on City park property adjacent to the Chesapeake Place Addition. The park property is being damaged by individuals parking to fish in the Chesapeake Place pond. Staff recommends restricting parking at both of these locations by adopting Ordinance No. 1033. Financial Considerations: Thecosts associated with this parking restriction on Breeze Way and Union Church will consists of the costsfor manufacturing and installing of the signs along the two roadways. Strategic Link: Theadoption of the Parking Restriction Ordinance on Breeze Way and Union Church links to the City’s strategy map relative to the strategic focus area of Safety and Security from the perspective of managing the business by achieving the highest standards of safety and security. Citizen Input/ Board Review: None Legal Review: The ordinance has been reviewed by the City Attorney’s office. Alternatives: The City Council may approve Ordinance No. 1033or deny it. Staff Recommendation: Approve OrdinanceNo. 1033,1stReading, Adopt an ordinance to establish parking restrictions on the east side of Breeze Way and Union Church between the 2200 and the 3100 blocks of Union Church Supporting Documents: Ordinance No. 1033 Location MapNo. 1 (Breeze Way) Location Map No. 2 (Union Church) Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer ORDINANCE NO. 1033 AN ORDINANCE AMENDING SECTION 18-184 “PARKING RESTRICTIONS ON CERTAIN STREETS” OF THE SOUTHLAKE CODE OF ORDINANCES; 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 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 has previously enacted ordinances, now codified in Section 18-184 of the Southlake Code of Ordinances, prohibiting parking on certain streets in the City; and WHEREAS , the Director of Public Works deems it advisable to establish a no parking zone on: 1.the east side of Breeze Way between S. Carroll Avenue and E. Continental Blvd, as parking at that location creates unacceptable traffic hazards; and 2.the north side of Union Church between 2200 block and the 3100 block, adjacent to the Chesapeake Place Addition as parking at that location creates unacceptable traffic hazards; and WHEREAS , the City Council has determined that it is in the best interest of the citizens to enact this ordinance to prohibit parking on this portion of roadway. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Chapter 18, "Traffic andVehicles", Section 18-184, "Parking Restrictions on certain streets" of the Code of Ordinances is hereby amended to add a new subsections (c) Breeze Wayand (d) Union Church, respectively to read as follows: Sec. 18-184 Parking Restrictions on certainstreets. (c) Breeze Way. It shall be unlawful to park, stand or stop any vehicle along the east side of Breeze Way from intersection with S. Carroll Avenue to the intersection with Ord No. 1033, No ParkingPage 1 E. Continental Blvd. The public works department of the city is hereby directed to place signs prohibiting the stopping, standing or parking of vehicles along the east side of Breeze Way between N. Carroll Avenue and E. Continental Blvd. Such signs shallbe official signs, and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. The prohibition against parking in such area shall not be effective until the signs are in place. (d) Union Church. It shallbe unlawful to park, stand or stop any vehicle along the north side of Union Church from 2200 block to the 3100 block of Union Church, adjacent to the Chesapeake Place Addition. The public works department of the city is hereby directed to place signsprohibiting the stopping, standing or parking of vehicles along the north side of Union Church between the 2200 block and the 3100 block of Union Church, adjacent to the Chesapeake Place Addition. Such signs shall be official signs, and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. The prohibition against parking in such area shall not be effective until the signs are in place. SECTION 2. The Director of Public Works, or his designee, shall post and install appropriate no parking signage along the designated portion of roadway. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code 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, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Ord No. 1033, No ParkingPage 2 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 Five Hundred Dollars ($500.00) 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, Texas, are expressly saved as to any and all violations involving parking regulations 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 7. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, and effective date clause of this ordinance as authorized by the City Charter and Section 52.013 of the Local Government Code. 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 __________________, 2012 . ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY Ord No. 1033, No ParkingPage 3 PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________, 20012. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY EFFECTIVE: ____________________ APPROVED AS TO FORM AND LEGALITY: ________________________________________ City Attorney Ord No. 1033, No ParkingPage 4 LORRAINE DR íÊØîÍ îÍ ìÛÊÑÓÎÕ ÷ÛÉÈéÓØ× ÍÖúÊ××Â× åÛà MONTGOMERY LN íÊØîÍ îÍìÛÊÑÓÎÕ îÍÊÈÔéÓØ×ÍÖ çÎÓÍÎùÔÇÊÙÔ