HomeMy WebLinkAboutORD 2005-096 - ORDINANCE NO. 2005-96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC,
SECTION 23-26 SPEED LIMITS - SCHEDULE FOR
CERTAIN PUBLIC STREETS AND WAYS, RELATIVE TO
REASONABLE AND PRUDENT SPEED FOR RESIDENTIAL
SUBDIVISION PUBLIC STREETS WITHIN THE CITY;
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) 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, the current authorized speed limit for residential subdivision streets
within the City of Grapevine is established as 30 miles per hour unless otherwise
identified within Chapter 23, Traffic, Section 23-25.1, Speed Limits - General in the City
Code of Ordinances; and
WHEREAS, the residential area owners have exhibited support for a 25 miles per
hour speed limit within their respective neighborhood; and
WHEREAS, the 30 miles per hour speed limit presents a unique traffic safety
problem on residential streets within the neighborhood; and
WHEREAS, the City has conducted an engineering and traffic investigation of the
vehicular traffic within the neighborhood; and
WHEREAS, these residential streets are the site of frequent on street parking; and
WHEREAS, these residential streets are the site of closely spaced driveways
providing access to the homes fronting said streets; and
WHEREAS, these residential streets' close proximity to residential yards magnify
the potential for children and other pedestrians to enter the street in the path of oncoming
vehicular traffic; and
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WHEREAS, these residential streets commonly are bordered by small and often
times shallow lots resulting in the buildings having a close proximity to the edge of
roadway pavement; and
WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act
Regulating Traffic on Highways, provides 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 Speed Limits - 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 Section 167 and 169 of Article XIX, R.C.S. 6701 d, Uniform
Act Regulating Traffic on Highways, 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:
"Heritage Place Addition:
(a) Homestead Lane 25 mph
(b) Briana Court 25 mph
(c) Cabarnet Court 25 mph"
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
n � provided, however, that the ordinance or ordinances under which the cases currently filed
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ORD. NO. 2005-96 2
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. 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 5. If any section, article, paragraph, sentence, clause, phrase or word in
this 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. 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 20th day of December, 2005.
APPROVED:
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William D. Tate
Mayor
ATTEST:
Lin a Huff
City Secretary
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ORD. NO. 2oos-9s 3
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
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ORD. NO. 2005-96 4