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Home My WebLink AboutOrdinance 3438 ORDINANCE NO. 3438 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMIT OF CERTAIN PUBLIC STREETS WITHIN THE CORPORATE BOUNDARIES AND ESTABLISHING A CONSTRUCTION SPEED ZONE ALONG RUFE SNOW DRIVE, NORTHBOUND AND SOUTHBOUND LANES FROM MID-CITIES BOULEVARD TO RIDGETOP ROAD, A DISTANCE OF APPROXIMATELY 6,388 FEET TO REDUCE THE SPEED LIMIT TO 30 MILES PER HOUR; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE SPEED LIMIT OF SAID STREET TO INCREASE TO 40 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, As a result of a Traffic Control Plan provided by the project engineer as a part of the Rufe Snow Drive Construction Project, along Rufe Snow Drive, Northbound and Southbound lanes from Mid-Cities Boulevard to Ridgetop Road, a distance of approximately 6,388 feet (the "Construction Area"), the City's engineer has determined that a reduced speed zone is necessary for the safe operation of traffic and protection of construction personnel on the said portions of certain city streets; and WHEREAS, Pursuant to the Texas Transportation Code, Subchapter H, Section 545.351, et seq., the City Council has the authority to alter prima facie speed limits within its boundaries to create reasonable and safe driving conditions; and WHEREAS, City Code of Ordinances Article III, Division 3, Section 54-102, line 34, establishes the prima facie speed limit for certain areas of Rufe Snow Drive and other public streets within the city at 40 miles per hour; and WHEREAS, The City Council finds that the establishment of a temporary construction speed zone encompassing the Construction Area within the city is in the best interest of the health, safety and welfare of the traveling public and persons working in the Construction Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein into this Ordinance. Section 2: Pursuant to Texas Transportation Code, Subchapter H, Section 545.351, et seq., the City Council hereby declares and determines that the following prima facie speed limit hereafter indicated for vehicles upon such roads is reasonable and safe; and such speed limit is hereby fixed at the rate of speed indicated for vehicles traveling upon the named public streets, or parts thereof, described as follows: Ordinance No. 3438 Page 1 of 3 "Along Rufe Snow Drive Northbound and Southbound Lanes from Mid-Cities Boulevard to Ridgetop Road, a distance of approximately 6,388 feet, the speed limit shall be 30 miles per hour." Section 3: The City's Engineer, or his/her designated representative, is hereby authorized and directed to place or cause to be placed, appropriate traffic control devices and signs to effectuate the establishment of the maximum prima facie speed limit as herein provided. Section 4: Article III, Division 3, Section 54-102(b), of the Code of Ordinances of the City of North Richland Hills shall be amended to modify the speed limit in accordance with this Ordinance for the stated time indicated herein. Section 5: Upon completion of the construction activity on the aforementioned sections of the designated streets, the prima facie speed limit for vehicles traveling along Rufe Snow Drive Northbound and Southbound Lanes from Mid-Cities Boulevard to Ridgetop Road is determined and declared to be 40 miles per hour. Section 6: Any vehicle traveling at a speed in excess of the maximum prima facie speed limit herein established for the designated roads indicated herein shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. No person shall drive a vehicle at a speed in excess of that which is reasonable and prudent under the circumstances existing. Section 7: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200.00). Section 8: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 9: 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, 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 10: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that 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 Ordinance No. 3438 Page 2 of 3 such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 11: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 12: This ordinance shall be in full force and effect upon publication as required by Section 11 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of February, 2017. CITY • ' • • ' -ICH ND HILLS ,,,,,,,, y _�.L. _ L. �F�tCHLqA Oscar Trevino, Mayor ATTEST: P:A"t%-f■ \P"'/L. 104/-C • Alicia Richardson, CitySecretat y\ APPROVED TO FORM AND LEGALITY: Maleshia = mer, Ci ° orney APPROVED AS TO CONTENT: 1z/ L (4) Mike urtis, P.E., Managing Director Ordinance No. 3438 Page 3 of 3 INVOICE Star-Telegram Customer ID: CIT13 4 7 , p V 4). 808 Throckmorton St. Invoice Number: 339321531 FORT WORTH, TX 76102 < .4t) (817) 390-7761 Invoice Date: 2/26/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 2/26/2017 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS/SE PO BOX 820609 Order Number: 33932153 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates: 2/25/2017 2/26/2017 I Description Location Col Depth Linage MU Rate Amount I City of North Richland Hills H580 52 52 LINE $166.40 Sales Discount ($79.04) Misc Fee $5.00 Net Amount: $92.36 County of Tarrant Before me, a Notary Publk in and for said County and State, this day personally appeared Leticia Arriaga , Bids & Legal Coordinator for the Star-Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas : and - who after being duly sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the fisted dates: BIDS & LEGALS DEPT Star-Telegram. 0 SUBSCRIBED AND SWORNTO BEFORE ME, D9t7 Februaly fl 2017 S;ned t: CHRISTY L Notaty Public ; ( , STATE OF TEXAS 3444,70r W12002841 NOTARTPUBLIC 11, ,1 r • Comm 31 2020 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101-2051 Invoice Number: 339321531 Invoice Amount: $92.36 PO Number: Amount Enclosed: $ CITY OF North Richland Hills Ordinance No. 3438 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMIT OF CERTAIN PUBLIC STREETS WITHIN THE CORPO- RATE BOUNDARIES AND ESTAB- LISHING A CONSTRUCTION SPEED ZONE ALONG RUFE SNOW DRIVE, NORTHBOUND AND SOUTHBOUND LANES FROM MID - CITIES BOU- LEVARD TO RIDGETOP ROAD, A DISTANCE OF APDQOXINIATEL� 6,388 FEET TO REDUCE THE SP EEEE LIMIT TO 30 MILES PER HOUR; ,'AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PRO- r VIDING FOR THE SPEED LIMIT OF SAID STREET TO INCREASE TO 40 MILES PER HOUR UPON COM- PLETION OF CONSTRUCTION; PROVIDING A PENALTY; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES AND REPEAL OF CON- ' FLICTING PROVISIONS; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Any person intentionally, knowingly, recklessly, or with criminal negli- gence violating any of the provi- sions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200.00). Passed and Approved on this 13th day of February 2017. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s/ Maleshia B. Farmer Maleshia B. Farmer, City Attorney