Item 4KCITY OF
SOUTHLAKI
MEMORANDUM
(August 21, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Ordinance No. 1043, 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 a
portion of North Kimball Avenue
Action
Requested: Ordinance No. 1043, 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 a
portion of North Kimball Avenue
Background
Information: North Kimball Avenue from State Highway 114 to just north
of Kirkwood Boulevard was recently widened from a 2 lane
undivided roadway to a four -lane divided arterial roadway.
The design speed for North Kimball Avenue is 45 mph.
When traffic is flowing on North Kimball Avenue from State
Highway 114 to East Dove Road, 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. 1043 is to
set a base line speed limit that is appropriate to an arterial
roadway.
Public Works proposes a speed limit of 35 miles per hour on
North Kimball Avenue from State Highway 114 to Kirkwood
Boulevard.
Financial
Considerations: None
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. 1043
Supporting
Documents: Ordinance No. 1043
Location Map
Staff
Recommendation: Ordinance No. 1043, 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 a
portion of North Kimball Avenue
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl C. Taylor, P.E., Assistant City Engineer
ORDINANCE NO. 1043
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE
SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON A
PORTION OF NORTH 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 Kimball Avenue from State Highway 35
114 to Kirkwood Boulevard
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
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
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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
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
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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
2012.
Mayor, John Terrell
ATTEST:
City Secretary, Alicia Richardson
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PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2012.
Mayor, John Terrell
ATTEST:
City Secretary, Alicia Richardson
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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