HomeMy WebLinkAboutORD 2017-044 ORDINANCE NO. 2017-044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-27
SPEED LIMITS - 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. 6701d,
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 TWO HUNDRED
DOLLARS ($200.00); 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; 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
WHEREAS, the City Council deems the adoption of this ordinance is in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated herein above are true and correct and are
IL Incorporated herein by reference, as if copied in their entirety.
Section 2. 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 paragraph (a) in its entirety 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 7:10 a.m. through
8:10 a.m. and 2:25 p.m. through 3:25 pm., or during the times the school flashers are
flashing."
Section 3. That the City Manager, or his designee, is hereby authorized to have
the proper traffic signs erected, constructed, and placed at such points along said
highways, streets or alleys, or portions hereof 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 not guilty or nolo contendere, or dismissal.
Section 5. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to
exceed two hundred dollars ($200.00) and a separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues.
Section 6. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances 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 the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 7. 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 public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of July 2017.
Ordinance No. 2017-044 2
APPROVED:
William D. Tate
Mayor
ATTEST:
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Tara Brooks "`
City Secretary ' 0'
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
Ordinance No. 2017-044 3