HomeMy WebLinkAboutORD 2008-013 ORDINANCE NO. 2008-13
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 PROVISIONS OF SECTIONS 167
AND 169 OF ARTICLE XIX, R.C.S. 6701 d, UNIFORM ACT
REGULATING TRAFFIC ON HIGHWAYS, 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 FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Sections 167 and 169 of Article XIX, R.C.S. 6701 d, Uniform Act
Regulating Traffic on Highways, provide that whenever the governing body of the City
shall determine upon the basis of an engineering and traffic investigation that any prima
facie speed therein set forth is greater or less than is reasonable or safe under the
conditions found to exist at any intersection or other place or upon any part of a street or
highway, with the City taking into consideration the width and condition of the pavement
and other circumstances on such portion of said street or highway, as well as the usual
traffic thereon, said governing body may determine and declare a reasonable and safe
prima facie speed limit thereat or thereon by the passage of an ordinance, which shall
be effective when appropriate signs giving notice thereof are erected at such
intersection or other place or part of the street or highway.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That Chapter 23 Traffic, Section 23-26 Schedule for Certain Public
Streets and Ways of the Grapevine Code of Ordinances is hereby amended upon the
basis of an engineering and traffic investigation heretofore made as authorized by the
provisions of Sections 167 and 169 of Article XIX, R.C.S. 6701 d, Uniform Act.
Regulating Traffic on Higways, the following prima facie speed limits hereafter indicated
for vehicles are hereby determined and declared to be reasonable and safe; and such
speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon
the named streets and highways, or parts thereof, described as follows:
Street and Location Speed Limits
(Miles Per Hour)
"Glade Road, from State Highway 121 to State Highway
360, westbound direction 35
Fairway Drive, from State Highway 26 to City Limits, both
directions 40"
Section 2. 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 3. 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 4. 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 Five Hundred
Dollars ($500.00) for each offense and a separate offense shall be deemed committed
each day during or on which an offense occurs or continues.
Section 5. That 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 6. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas do not adequately regulate the traffic within the City creates an
emergency for the immediate preservation of the public health, safety, and welfare
requires that this ordinance take effect immediately from and after the date of its
passage.
ORD. NO. 2008-13 2
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 1st day of April, 2008.
APPROVED:
William D. Tate
Mayor
ATTEST:
c
Lind‘ Huff
City Secretary
APPROVED AS TO FORM:
' J
John F. Boyle, Jr.
City Attorney
ORD. NO. 2008-13 3