HomeMy Public PortalAboutOrdinance No. 1176-10 09-14-2010 CITY OF RICHLAND HILLS ORDINANCE NO. 1176-10
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR
VEHICLES UNDER THE PROVISIONS OF THE TRANSPORTATION
CODE, CHAPTER 545, SECTION 545.356, 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 RICHLAND HILLS AS SET OUT
IN THE ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING A PENALTY CLAUSE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, pursuant to Section 545.356 of the Texas Transportation Code, the City has the
authority to establish prima facie maximum reasonable and prudent speeds within its corporate
boundaries for vehicles on streets and highways; and
WHEREAS, the Texas Transportation Code, Chapter 545, Paragraph 545.356, provides that
whenever the governing bode 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, pursuant to Section 542.202 ofthe Texas Transportation Code, the City has the
authority to designate school crossing zones; and
WHEREAS, the City Council of the City recognizes that it is necessary to regulate traffic
near schools to promote the safety of children going to or from school; and
WHEREAS, the City Council of the City deems it necessary to provide a reduced speed limit
for a period of time that is of sufficient length to protect children going to and from school; and
WHEREAS, the City has heretofore adopted Section 82-99 of the City Code regulating
school zone speed limits within the City; and
WHEREAS, the City Council deems it necessary and advisable to amend certain school
zones within the city in which a 20 mph speed limit will apply; and
WHEREAS, the sole purpose of this ordinance is to shorten an existing school zone, and the
zone is based upon a prior engineering and traffic investigation and study;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 82-99, SUBSECTION (2)
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 certain named streets and highways, or parts thereof, described
in Section 82-99, subsection (2), based upon an engineering and traffic investigation heretofore
made as authorized by the provisions of the Texas Transportation Code, Chapter 545, Paragraph
545.356,: Section 82-99 of Article III, Division 1, of Chapter 82 of the Richland Hills City Code,
so that Section 82-99, subsection (2) of the City Code is hereby amended to provide as follows:
Street Miles per Hour
(2) Glenview Drive from 150 feet east of the intersection of
Glenview Drive and London Lane to 200 feet west of the
intersection of Glenview Drive and Oxley Drive 20
The remainder of Section 82-99 shall remain unchanged.
SECTION 2.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City, as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event the conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
GLENVIEW AT LONDON AND OXLEY SCHOOL ZONE AMENDMENT ORDINANCE Page 2
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated herein which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 5.
PUBLICATION
The City Secretary is hereby directed to publish this ordinance to the extent required by law.
SECTION 6.
PENALTY FOR VIOLATION
Any person convicted of violating this Ordinance shall be guilty of a Class C misdemeanor, and
shall be fined a sum of not less than $1.00 nor exceeding $200.00 per offense.
SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 14th DAY OF September , 2010.
J, ;
O ~ HONORABLE DA ID . RAGAN, MAYOR
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ATTEST:
L NDA CANTU, CITY SECRETARY
EFFECTIVE: September 14, 2010
APPROV A TO FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
W:\Richland Hills\Ordinance\School speed zone amendment.tgs.9.10.10.wpd
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