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HomeMy WebLinkAboutORD 2019-045 ORDINANCE NO. 2019-045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-26; SPEED LIMITS - SCHEDULES FOR CERTAIN PUBLIC STREETS AND WAYS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE TRANSPORTATION CODE CHAPTER 545, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF GRAPEVINE AS SET OUT IN THE ORDINANCE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas (the "City") is a home rule municipality having full powers of self-government and may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State; and WHEREAS, Texas Transportation Code Section 545.356(a) permits the City to alter by ordinance the prima facie speed limits on City streets from the results of an engineering and traffic investigation; and WHEREAS, an engineering investigation was conducted and reported in the Assessment Report for Fairway Drive prepared by Kimley Horn. WHEREAS, the results of the engineering investigation indicate that the speed limit of Fairway Drive between Dalton Drive and Treatment Trail should be 35 mph; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to, the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: 4 Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 23 Traffic, Section 23-26; Speed Limits - Schedule for Certain Public Streets and Ways of the Grapevine Code of Ordinances is hereby amended by the adding the following streets and speed limits:. Street and Location Speed Limits (Miles Per Hour) "Fairway Drive between Dalton Drive and Treatment Trail 35" Section 3. That the City Manager, or his agent, is hereby authorized to have the proper traffic signs erected, constructed, and placed at such points along said highways, streets or alleys, or portions thereof under construction, maintenance, or repair, so that travelers will be reasonably notified of said traffic regulations. Section 4. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 5. That any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction in the Municipal Court, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in the ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Ordinance No. 2019-045 2 Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of August, 2019. APPROVED: William D. Tate Mayor ATTEST: G '�"\1,y o A� "� I Tara Brooks . \ '�� City Secretary APP AS O FORM: City Attorney • Ordinance No. 2019-045 3