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0642ORDINANCE NO. 642 AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPEED LIMITS ON STREETS AND ROADWAYS 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 AND REPEALING ORDINANCE NO. 216 AND REPEALING SECTION XXV OF ORDINANCE NO. 118, AS AMENDED; 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 VOtEREAS, pursuant to Section 169 of Article 6701d, Vernon's Tex. Rev. Civ. Stat., 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 so as 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 for a period of time during the day when the reduced speed limit applies that is of sufficient length to protect children going to and from school; and WHEREAS, the Director of Public Safety has conducted an engineering and traffic investigation and study to determine a prima facie maximum speed limit which is reasonable f:\files\slake\ordina nc\speed.003 (09-18-95) and safe on all roadways within the city limits of Southlake including school crossing zones; and WHEREAS, in accordance with the engineering and traffic investigation and study, the city council desires to adopt this ordinance setting prima facie max/mum speed limits on all roadways within the City of Southlake, including school crossing zones. 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. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2. It shall be unlawful for any person to drive or operate a vehicle on a street or highway within the City of Southlake at a speed greater than is reasonable and prudent under the circumstances then existing. SECTION 3. Any speed in excess of the prima facie maximum reasonable and prudent speed limit established by ordinance for the location shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful. f:\filcs\slake\ordinanc\speed.O03 (09-18-95) 2 SECTION 4. The prima facie max/mum reasonable and prudent speed for travel upon any street or highway within the City of Southlake shall be thirty (30) miles per hour, except: (1) upon S.H. 114 and F.M. 1709; (2) upon streets and highways with a speed limit otherwise established by the State of Texas; (3) upon streets and highways with a speed limit otherwise established by ordinance; (4) where a slower speed is required by paragraphs (b) and (c) of Section 166 of article 6701d, Tex. Rev. Civ. Stat. Ann. because of a special hazard or other condition set forth in said paragraphs. A speed limit of thirty (30) miles per hour shall be effective immediately upon any street or highway not presently posted with appropriate signs and shall be effective upon any street or highway otherwise posted with a different speed limit upon such presently existing speed limit sign being removed and a new speed limit sign reflecting a posted speed of thirty (30) miles per hour being erected. SECTION 5. The prima facie maximum reasonable and prudent speed for travel on the portions of the streets or highways designated below shall be the speed in miles per hour (mph) designated below, provided that an appropriate sign giving notice thereof is erected: STREET North White Chapel Blvd. from F.M. 1709 to the north end of North White Chapel Blvd. F.M. 1938 (Davis Blvd,) from mile point 0.000 South 0.892 miles to mile point 0.0892 _SPEED LIMIT 40 45 [:¥iles\slake\ordinanc\speed.003 (09-18-95) 3 SECTION 6. The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated below shall be the speed in miles per hour designated below, between 7:00 a.m. and 9:00 a.m., both inclusive, and 2:00 p.m. and 4:00 p.m., both inclusive, Monday through Friday, when school is in session, provided that an appropriate sign giving notice thereof is erected. The reduced speed limits established herein 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 said prima facie maximum speed established below that the day in question was a day when there were no classes in session at the nearest school. SCHOOL CROSSING ZONE CARROLL INTERMEDIATE JOHNSON ELEMENTARY CARROLL MIDDLE SCHOOL STREET 1000 Block N. Carroll Avenue through 1500 Block N. Carroll Avenue 1000 Block N. Carroll Avenue through 1500 Block of N. Carroll Avenue 2100 Block N. Carroll Avenue through 2600 Block N. Carroll Avenue SPEED LIMIT 2O 2O 20 CARROLL HIGH SCHOOL 800 Block E. Dove through 1300 Block E. Dove 100 Block S. Peytonville through 300 Block S. Peytonville 20 20 f:\files\slakc\ordinanc\speed.003 (09-18 95) 4 CARROLL ELEMENTARY 900 Block S. Peytonville to 20 Continental Blvd. FLORENCE ELEMENTARY DURHAM ELEMENTARY CLAREDON SCHOOL MONTESSORI SCHOOL 1300 Block W. Continental through 2200 Block W. Continental 3000 Block Johnson Road through 3200 Block Johnson Road 500 Block Shady Oaks Drive through 1100 Block Shady Oaks Drive 3000 Block Johnson Road through 3200 Block Johnson Road 1000 Block N. White Chapel Blvd. through 1400 Block N. White Chapel Blvd. 1000 Block E. Highland to Intersection with S.H. 114 20 20 20 20 20 20 SECTION 7. The speed limits, as established herein, may be revised from time to time by ordinance adopted by the city council. The Director of Public Works is hereby authorized to conduct engineering and traffic investigations and studies to determine prima facie maximum speed limits which are reasonable and safe on roadways within the city limits of Southlake and to make recommendations to the city council concerning speed regulations and traffic control devices. f: \filcs\sla ke\ordina nc\speed.003 (09-18-95) 5 SECTION 8. The Director of Public of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of adopted speed limits, and the times and location in which a reduced speed limit within a school crossing zone is in effect. The Director of Public Works shall file a written inventory with the City Secretary of all locations in the City at which signs have been erected indicating a speed limit other than thirty (30) miles per hour. Hereafter, whenever speed limits are revised by the city council and the Director of Public Works erects and installs any sign indicating a new speed limit at any location in this City, he shall file an updated inventory with the City Secretary. The City Secretary shall file and maintain such inventory among the official papers of the office of the City Secretary. SECTION 9. The abbreviations used herein include the following: "E" means "East" "W" means "West" "N" means "North" "S" means "South" ® "F.M." means "Texas Farm to Market Road" "S.H." means "Texas State Highway" Block numbers are inclusive as to the portion of the street covered by both block numbers and all areas between said block numbers, including intersections. SECTION 10. 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 f: \ files\slakc\ordinanc\specd.003 (09-18-95) 6 the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section XXV of Ordinance No. 118, as amended, is hereby repealed. Ordinance No. 216 is hereby repealed in its entirety. SECTION 11. 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 12. 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 13. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 118, as amended, 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 f:\fil~\slake\ordinanc~speed.003 (09 18-95) 7 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 14. 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 days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 15. 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 ff~~ , 1995. DAY OF f:\files\slake\ordinanc\speed.003 (09-18 95) 8 PASSED AND APPROVED ON SECOND READING ON THIS , 1995. DAY OF CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney f:\file~s~slake\ordina nc\speed.003 (lY)- 18-95) 9 Fort Worth Star-Telearam FED. I.D. NO. 22 3148254 538955 AD INVOICE NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7 ACCOUNT NO. — — STATE OF TEXAS Ity of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M.R IVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 9/08ME 538955 ORDINANCE NO. 64 I358 1x 53L 53 . 55 29. 15 09/08-09/08 ORDINANCE NO.642 AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPEED LIMITS ON STREETS ' AND ROADWAYS WITHIN THE CITY OF SOUTHLAKE DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; PRO- VIDING THAT THIS ORDI- NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES AND REPEALING ORDI- NANCE NO. 216 AND gt- - - PEALING SECTION Xxv OR ORDINANCE NO. 118 AS AMENDED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY • FOR VIOLATION HEREOF PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- PRNPEFFTVEOVIDIG AN EFFECTIVE SIGNED iatit.-0-V\-- c:-/Q-C,&€-A_O—, DATE. SECTION 12. Any person,,firm or corpora- 18 TH SEPTEMBER R 1995 SUBSCRIBED AND SW omits re 8IectsorrefusestO ME, THIS THE DAY OF •v^' comply withrce or who resists - — `�1 the enforcement of.any of the provisions of this ordi- /(1/\ nance shall be not ICKI LYNN WASON Notary Public C� (J OF more than Two Hundred Dol- OFFICEl tens .Each forteach vi viola-OMISSION EXPIRES tense.Each day that aviola- CITY SEC�:ETARY tion is permitted t° exist ECEMBER 14, 1998 shall constitute a separate TARRANT COUNTY,TEXAS offense. PASSED AND APPROVED BY THE CITY COUNCIL OCITY OF SOUT F THIS HLAKE THE 5TH DAY OF SEPTEM- PLEASE PAY THIS O /s R,1995. ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! Mayor of Southlake ATTEST: IATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT A /s/Sandra L.LeGrand, --------A� City Secretary APPROVED AS TO FORM: City tttlor Taylor,Jr., Fort Worth Star-'I'elegrarn REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 538955 ACCOUNT C I T 5 7 AMOUNT 29. 15 NUMBER DUE PAGE 1 O, IF ANY QUESTIONS, PLEASE CALL(817)390-7501 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 29 . 15 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. ID. NO. 22-3148254 AD INVOICE NO. 470258 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 8/24ME 470258 NOTICE OF PUBLIC I358 1x 76L 76 .55 41 . 80 08/24-08/24 NOIICEOI • -i' PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS that the City Council of the City of Southlake,Texas,will be holding a public hearing during the Regular City .• Council meeting to be held on September 5, 1995, be- ginning at 7:00 p.m. The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. The purpose of the public hearing is to consider the following ordinance: ORDINANCE NO.642 AN ORDINANCE AMENDING ORDINANCE NO. 118, AS AMENDED, RELATIN TO THE ESTABLISHMENT OF SPEED LIMITS ON CERTAIN STREETS AND ROADWAYS SIGNED WITHIN THE CITY OF SOUTH- LAKE BY REVISING THE SPEED LIMITS ON A POR- SUBSCRIBED 28TH AUGUST 1995 AND SWORN TIONBLVD OFA FM D SOUTH1938 (DAVIS THIS THEDAY OF AUGUST CHAPEL BLVD' SPECIFYING yywpw�, /�,l J �/�-'IJ IJ THE PERIOD O'TIME WHEN APIEN REDUCED SAEESCHOOL V�/A$ON Notary Public 34141 OFFICE OF ICROSSING G THE DIREOCTOh DIRECT- ; EXPIRES PROPWORKS IAT ESSIGNS OPROI -Ire, ]998 TARRANT COUNTY,TEXAS AP- CITY SE ..ETARY $ SHAL THAT THIS ULATIVENOF 1 ALL ORDINANCES AND RE- PEALING ORDINANCE NO. 216; PROVIDING A SEVER- PLEASE PAY THIS ORIGIN ING o A EUNALYY• FORVII-RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OLATIONS HEREOF;PROVID- ING A SAVINGS CLAUSE; TEA' PROVIDING FOR PUBLICA-J AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j TION IN THE OFFICIAL NEWSPAPER,' AND PROVID- ING AN EFFECTIVE DATE. Section 8.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or brt Worth t who resists the enforcement of any of the provisions of rari this ordinance shall be fined REMIT TO: '� 400 W. SEVENTH ST. •FORT WORTH,TEXAS 76102 not more than Two Hundred Dollars ($200.00) for each offense.Each day that a vio- 4 7 0 2 5 8 lation is permitted to exist ACCOUNT C I T 5 7 A Due T 41. 80 shall constitute a separate offense. City of Southlake,Texas Sandra L.LeGrand City Secretary F 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 1995. GARY FICKES MAYOR OF SdUTHLAKE ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: WAYNE K.OLSON, CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 41. 80 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED