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.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
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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
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