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Item 4BCITY OF SOUTHLAKE MEMORANDUM ( August 5, 2014) To: Shana K. Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Item 413 Subject: Ordinance No. 733-D, 1st Reading, approve a speed limit ordinance, amending Section 18-80 of the Southlake City Code, revising the activation times of school crossing zones Action Requested: Ordinance No. 733-D, 1st Reading, approve a speed limit ordinance, amending Section 18-80 of the Southlake City Code, revising the activation times of school crossing zones. Background Information: The purpose of this item is to approve an ordinance establishing a revision to the activation times for school zones located adjacent to Carroll Independent School (CISD) Middle and Intermediate Schools only (Carroll Middle School, Durham Intermediate School, Dawson Middle School and Eubanks Intermediate School) throughout the CISD. The requested revision is made by Carroll ISD. This request will increase the morning school zone for four (4) campuses from an existing 40 minutes to 45 minutes due to the addition of morning tutorial sessions. The proposed changes to school zone activation times are as follows: ➢ A.M. School Zone Flash times: o Start flash time increases from 30 minutes to 45 minutes before school convenes o Revise end flash time from 10 minutes after school convenes to 0 minutes ➢ P.M. School Zone Flash times: o No changes proposed to the P.M. School Zone Flash times All remaining campuses will remain as previously designated in Ordinance 733-C. Council approved Ordinance No. 733 on 2nd Reading on February 8, 1999. Council approved Ordinance No. 733-A on 2nd Reading on August 18, 2009. Due to changes in CISD campus locations, it was necessary to amend the ordinance to reflect the changes. Council approved Ordinance No. 733-B on 2nd Reading on August 2, 2011.Council approved Ordinance No. 733-C on 2nd Reading on June 18, 2013. City Code Section 18-80.1, Limits for school crossing zones, is proposed 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) minutes 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 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." City Code Section 18-80.2, Limits for school crossing zones, is proposed to further read as follows: "The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated (Carroll Middle School, Durham Intermediate School, Dawson Middle School and Eubanks Intermediate School) in this section shall be the speed in miles per hour designated, between and including forty-five (45) minutes before and (0) minutes 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 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." This proposed changes increases the overall activation time of designated school zones (Carroll Middle School, Durham Intermediate School, Dawson Middle School and Eubanks Intermediate School) from a total 40 minutes to 55 minutes, only in the morning start of the school day. The afternoon end to the school day will not be changed. All other campuses will remain as designated in Ordinance 733-C.This change is a continued effort to find ways to improve mobility throughout the city and to reduce driver frustration. This ordinance also adds a new designated school zone for the new section of Village Center Drive adjacent to Dawson Middle School. Financial Considerations: Approximately $1000 which is the cost of producing the new signs and the labor to install them. Strategic Link: The ordinance establishing activation times for school crossing zones 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 amendment include: Achieve the highest standards of safety and security and Provide travel convenience within city and region. Furthermore, the increase in school zone activation time periods from 40 to 45 minutes is recommended by staff in order to address Critical Business Outcome No. 4 (CBO4): Improve mobility by proactively completing traffic analysis in key areas. Citizen Input/ Board Review: None Legal Review: The City Attorney has reviewed this ordinance revision. Alternatives: The City Council may approve or deny Ordinance No. 733-D Supporting Documents: Ordinance No. 733-D Staff Recommendation: Approve Ordinance No. 733-D, 1st Reading, a speed limit ordinance, amending Section 18-80 of the Southlake City Code, revising the activation times of school crossing zones. Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., City Engineer ORDINANCE No. 733-D 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 18-80.1 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 thirty (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-D- Page 1 of 6 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 Seed 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 20 Chapel Blvd. The Clariden School From the 3800 Block of N. White Chapel 20 Blvd. through the 4000 Block of N. White Chapel Blvd. 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 20 the intersection with N. Carroll Ave. Rockenbaugh Elementary From the 100 Block of Byron Nelson Pkwy. School Through the 600 Block of Byron Nelson 20 Pkwy. Ordinance No. 733-D- Page 2 of 6 Old Union Elementary From the 1550 Block of Continental Blvd School through the 1000 Block of Continental Blvd From and including the intersection of 20 Breezeway and Continental Blvd to and including the intersection of S. Carroll Avenue and Breezeway. From the 1200 Block of Brumlow through the roundabout to the 800 Block of S. Carroll Avenue. Walnut Grove Elementary From the 2500 Block of N. White Chapel to 20 School the 2700 Block of N. White Chapel SECTION 2. Section 18-80.2 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 (Carroll Middle School, Durham Intermediate School, Dawson Middle School, Eubanks Intermediate School) in this section shall be the speed in miles per hour designated, between and including forty-five (45) minutes before and zero (0) minutes after the start of school in the morning (a.m.), and ten (10) minutes before and thirty (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 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: Ordinance No. 733-D- Page 3 of 6 School Crossing Zone Street Seed Limit 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 20 Blessed Way 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 Durham Intermediate From the 500 Block of shady Oaks Dr. School through the 900 Block of Shady Oaks Dr. 20 Dawson Middle School and From the 200 Block of S. Kimball Avenue Eubanks Intermediate to the 700 Block of S. Kimball Avenue School 20 Along the new segment of Village Center Drive from N. Kimball Ave to 600 feet west of N. Kimball Ave. 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. 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 No. 733-D- Page 4 of 6 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 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 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 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-D- Page 5 of 6 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 , 2014. MAYOR, JOHN TERRELL ATTEST: CITY SECRETARY, LORI PAYNE PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2014. MAYOR, JOHN TERRELL ATTEST: CITY SECRETARY, LORI PAYNE EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Ordinance No. 733-D- Page 6 of 6