0733D 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
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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 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 Five (5) 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 Speed 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, since the same would have been enacted by the City Council without
Ordinance No. 733 -D- Page 4 of 6
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 5th DAY OF AUGUST,
2014.
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PASSED AND APPROVED ON SECOND READING ON THIS /9 DAY OF
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EFFECTIVE DATE: 0 g - aa - 020 /4
APPROVED AS TO FORM AND LEGALITY:
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