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0733C ORDINANCE No. 733 -C AN ORDINANCE AMENDING SECTION 18 -80 OF THE SOUTHLAKE CITY CODE, AS AMENDED BY REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE; 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, pursuant to Section 545.356 of the Texas Transportation Code, the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, the city council of the City of Southlake recognizes that it is necessary to regulate traffic near schools to promote the safety of children going to or from school; and WHEREAS, the city council of the City of Southlake deems it necessary to provide a reduced speed limit for a period of time that is of sufficient length to protect children going to and from school; and WHEREAS, the City of Southlake has heretofore adopted an ordinance regulating school zone speed limits within the City of Southlake; and WHEREAS, the city council deems it necessary and advisable to amend certain designated school zone activation hours within the city in which a 20 mph speed limit will apply. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 18 -80 of the Southlake City Code is hereby amended to read as follows: The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated in this section shall be the speed in miles per hour designated, between and including thirty (30) minutes before and (10) after the start of school in the morning (a.m.), and ten (10) minutes before and (30) minutes after the close of the school in the afternoon (p.m.), Monday through Friday, when school is in session, provided that an appropriate sign giving notice Ordinance No. 733 -C- Page 1 of 5 of such speed zone is erected. The reduced speed limits established in this section shall only be enforced between the signs which are erected designating the beginning and end of each school crossing zone. It shall be an affirmative defense to a charge of exceeding the prima facie maximum speed established as follows that the day in question was a day when there were no classes in session at the nearest school: School Crossing Zone Street Speed Limit Carroll Elementary From the 1300 Block of S. Peytonville to the 2000 Block of Continental Blvd. 20 From the 1600 Block of W. Continental Blvd. through the 1900 Block of W. Continental Blvd. Carroll Senior High School From the 100 block of S. Peytonville through the 400 Block of S. Peytonville 20 Johnson Elementary School From the intersection of N. Carroll Ave. and Highland avenue through the 1500 Block of 20 N. Carroll Ave. Carroll High School From the 600 Block of N. White Chapel Blvd. through the 1100 Block of N. White Chapel Blvd. 20 Carroll Middle School From the 1600 Block of E. Kirkwood Blvd. through the 1900 Block of E. Kirkwood Blvd. From the intersection of E. Kirkwood Blvd. and Blessed Way through the 900 Block of Blessed Way 20 From the 1600 Block of E. Highland St. through the 1950 Block of E. Highland St. From the intersection of E. Highland St. and Sunshine Lane north 100' along Sunshine Lane The Clariden School From the 3800 Block of N. White Chapel Blvd. through the 4000 Block of N. White 20 Chapel Blvd. Durham Elementary School From the 500 Block of Shady Oaks Dr. through the 900 Block of Shady Oaks Dr. 20 Ordinance No. 733 -C- Page 2 of 5 Florence Elementary School From the 2900 Block of Johnson Rd. through the 3250 Block of Johnson Rd. 20 From the 200 Block of Harrell Dr. to the intersection with Johnson Rd. Montessori School From the 1000 Block of E. Highland St. to the intersection with N. Carroll Ave. 20 Rockenbaugh Elementary From the 100 Block of Byron Nelson Pkwy. School Through the 600 Block of Byron Nelson 20 Pkwy. Old Union Elementary From the 1550 Block of Continental Blvd School through the 1000 Block of Continental Blvd From and including the intersection of Breezeway and Continental Blvd to and including the intersection of S. Carroll 20 Avenue and Breezeway. From the 1200 Block of Brumlow through the roundabout to the 800 Block of S. Carroll Avenue. Dawson Middle School and From the 200 Block of S. Kimball Avenue Eubanks Intermediate to the 700 Block of S. Kimball Avenue 20 School Walnut Grove Elementary From the 2500 Block of N. White Chapel to School the 2700 Block of N. White Chapel 20 SECTION 2. 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. 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. Ordinance No. 733 -C- Page 3 of 5 SECTION 4. 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. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Section 18 -80 or any other ordinances affecting speed limits in school zones 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. 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. Ordinance No. 733 -C- Page 4 of 5 SECTION 7. 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 yril DAY OF i J ,2013. qp if ' MAYOR, JOHN T ' ' ELL I ,,,,,iIut : ,,` ` . c ,, •.. ••... ,.. ATTEST: ok: . '•:. 3>-.: 4 • MA CITY SECRETARY, ALICI '� f1SO ,''',, / /j` *1* * ......� PASSED AND APPROVED ON SECOND READING ON THIS /gni DAY OF JuA/r , 2013. 0 0 411127 MAYOR, J i N TE • LL III I II /IIP ATTEST: .�`I ,'% • • co \Ili, .. ,A - ()).-kb_tf,), ..i.11-- :)... 4— ..1 CITY SECRETARY, ALICIA t IARDSOy M ,, ‘ ,', /,, II *1* * II......,, EFFECTIVE DATE: ,2 Liu-1,Q_ �, o`t/ APPROVED AS TO FORM AND LEGALITY: ( 0 0 j CITY.: TO Y. Ordinance No. 733 -C- Page 5 of 5 RECEIVED INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 326046441 FORT WORTH, TX 76102 JUL 1 F 2013 (817) 390 -7761 Invoice Date: 6/23/2013 Federal Tax ID 26- 2674582 RECEIVED Terms: Net due in 21 days OFFICE OF CITY SECRETARY Due Date: 6/30/2013 Bill To: JUL 1 1 =' PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST CITY OF i tILAKE Order Number: 32604644 STE 440 FINANCE L)LPARTMENT Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Dates: 6/21/2013 - 6/23/2013 1:15, g 9 €G " �:.� @ i @ e � a 3. _., i �.. . � � �� � �.. � �' ° Y z t e Amount CITY-.f = -JEXAS CITY OF SOUT] ORDINANCE Na. 733-C 13580 1 33 33 LINE $L28 $84.20 AN ORDINANCE AMENDING SEC- TION 18 -80 OF THE SOUTHLAKE BY CITY , AS Sales Discount REVISI G THE A DESIGNATED HOURS OF THE SCHOOL ZONE; ($43.10) PROVIDING THAT THIS ORDI- MISC Fee NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING $5.00 A SEVERABILITY CLAUSE; PRO- VIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PRONTO- Net Amount: $46.10 ING AN EFFECTIVE DATE. 4ny 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 consti- tute a separate offense. o lnr ots, CHRISTY LYNNE HOLLAND >assed and approved this the 18TH day of June, 2013 during the regular e;' Notary Public. State of Texas City Council meeting. ;m. :' My Commission Expires Mayor: John Terrell V tr ;e. ,July 31, 2016 attest: Alicia Richardson, City Sec '� °a� THE STATE OF T! retary County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the'above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 , s Signed rb Vi, SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, J e 2 , /13. Notary Public 111 !_ �_ .� Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 326046441 Invoice Amount: $46.10 PO Number: NO PO Amount Enclosed: $