HomeMy WebLinkAboutORD 2009-030 ORDINANCE NO. 2009-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE
CODE OF ORDINANCES, CHAPTER 23 TRAFFIC,
SECTION 23-27 SAME--SCHEDULES OF ADDITIONAL
SCHOOL ZONES, 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 23-27 Speed Limits--Schedules of
additional school zones, of the Grapevine Code of Ordinances, is hereby amended by
amending the paragraph of subsection (a) to read as follows:
"(a) The city manager shall have 20 mile per hour speed limit signs
installed in the designated school zones listed below, which are hereby
designated 20 mile per hour zones during the times herein stated. The
signs shall indicate that the 20 mile per hour speed limit will be in effect on
school days during the hours of 7:15 a.m. through 8:15 a.m. and 1:45 p.m.
through 3:15 p.m."
Section 2. That Chapter 23 Traffic, Section 23-27 (a) Speed Limits--Schedules
of additional school zones, of the Grapevine Code of Ordinances, is hereby amended
by removing the following location:
"Heritage Avenue from the Colleyville-Grapevine city limits line northward
1,000 feet."
Section 3. That Chapter 23 Traffic, Section 23-27 Speed Limits--Schedules of
additional school zones, of the Grapevine Code of Ordinances, is hereby amended by
amending the paragraph of subsection (c) to read as follows:
"(c) The city manager shall have 20 miles per hour speed limit signs
installed in the designated school zones listed below, which are hereby
designated 20 miles per hour zones during the times herein stated. The
signs shall indicate that the 20 mile per hour speed limit will be in effect on
school days during the hours of 7:40 a.m. through 8:25 a.m. and 3:10 p.m.
through 3:55 p.m."
Section 4. That Chapter 23 Traffic, Section 23-27 Speed Limits--Schedules of
additional school zones, of the Grapevine Code of Ordinances, is hereby amended by
adding a new subsection (d) to read as follows:
"(d) The city manager shall have 20 miles per hour speed limit signs
installed in the designated school zones listed below, which are hereby
designated 20 miles per hour zones during the times herein stated. The
signs shall indicate that the 20 mile per hour speed limit will be in effect on
school days during the hours of 7:15 a.m. through 8:25 a.m. and 1:45 p.m.
through 3:55 p.m.
Heritage Avenue from the Colleyville-Grapevine city limits northward 1,000
feet."
Section 5. 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 6. 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
ORD. NO. 2009-30 2
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 7. 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 8. 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 9. 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 and the preservation of the public health, safety, and welfare requires that
this ordinance take effect immediately from and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 4th day of August, 2009.
APPROVED:
Willia D. Tate
Mayor
ATTEST:
Cd,;(: 6,/n,(r1/- .
JorC. Brown
Assistant City Secretary
ORD. NO. 2009-30 3
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2009-30 4