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HomeMy WebLinkAboutOrdinance 3511 ORDINANCE NO. 3511 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 DAVIS BOULEVARD, NORTHBOUND AND SOUTHBOUND LANES FROM 750' SOUTH OF MID-CITIES BOULEVARD TO 750' NORTH OF MID-CITIES BOULEVARD, A DISTANCE OF APPROXIMATELY 1,400 FEET TO REDUCE THE SPEED LIMIT TO 45 MILES PER HOUR; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE SPEED LIMIT OF SAID STREET TO INCREASE TO 50 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 Davis / Mid-Cities Intersection Reconstruction Project, along Davis Boulevard, Northbound and Southbound lanes from 750' South of Mid-Cities Boulevard to 750' North of Mid-Cities Boulevard, a distance of approximately 1,400 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 Chapter 54, Article Ill, Division 3, Section 54- 102, line 18, establishes the prima facie speed limit for certain areas of Davis Boulevard and other public streets within the city at 50 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. Ordinance No.3511 Page 1 of 4 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: "Along Davis Boulevard, Northbound and Southbound lanes from 750' South of Mid-Cities Boulevard to 750' North of Mid- Cities Boulevard, a distance of approximately 1,400 feet, the speed limit shall be 45 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: Chapter 54, 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 Davis Boulevard Northbound and Southbound Lanes from 750' South of Mid-Cities Boulevard to 750' North of Mid-Cities Boulevard is determined and declared to be 50 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). Ordinance No.3511 Page 2 of 4 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 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 this the 26th day of March 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Tre ino, Mayor Ordinance No.3511 Page 3 of 4 ATTEST: e�`` ?,. 0: in •.9 1 fit✓ '� :r-e Alicia Richardson, C ./ecrety /'sss J iiiruiilnnW��,\\\\\\ APPROVED AS TO FORM AND LEGALITY: / Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: J Mike Curtis, Managing Director Ordinance No.3511 Page 4 of 4 Star-iblegram MEDIA Arlington Citizen-Journal I The Kesler Zitizen i La Estrella Mansfield News-Mirror I Star-Telegram Northeast(Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102.6315 1 800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0003589054 CITY OF NORTH RICHLAND HILLS ORDINANC $101.76 1 57.00 Li Attention: THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and 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 CITY OF NORTH RICHLAND HILLS clipping of an advertisement was ORDINANCE NO.3511 published in the above named paper AN ORDINANCE OF THE CITY OF on the listed dates: NORTH RICHLAND HILLS, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMIT OF CER- TAIN PUBLIC STREETS WITHIN THE CORPORATE BOUNDARIES AND ESTABLISHING A CON- STRUCTION SPEED ZONE 2 Insertion(s) ALONG DAVIS BOULEVARD, ' NORTHBOUND AND SOUTH- Published On: BOUND LANES FROM 750' SOUTH OF MID-CITIES BOULE- March 29,2018,March 30,2018 VARD TO 750' NORTH OF MID- CITIES BOULEVARD, A DIS- TANCE OF APPROXIMATELY 1,400 FEET TO REDUCE THE SPEED LIMIT TO 45 MILES PER HOUR; AUTHORIZING THE IN- STALLATION OF SIGNAGE IN ACCORDANCE WITH THIS OR- DINANCE;PROVIDING FOR THE SPEED LIMIT OF SAID STREET TO INCREASE TO 50 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES AND REPEAL OF CON- FLICTING PROVISIONS; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION;AND PROVIDING (Principal Clerk) AN EFFECTIVE DATE. Any person intentionally,know- SUBSCRIBED AND SWORN TO ingly, recklessly, or with crimi- nal negligence violating any of BEFORE ME,THIS 4th day of April the provisions of this ordinance shall be deemed guilty of a mis- in the year of 2018 demeanor and upon conviction thereof shall be fined in any sum not more than Two Hun- dred Dollars($200.00). AND IT IS 50 ORDAINED. ' 3S PASSED on this 26th day of 0,_" March,2018. Notary Public-Deborah Bay or CITY OF NORTH RICHLAND HILLS i By:_/s/Oscar Trevino_ n=car Trevino,Mayor 7`.. a�_ • I "d '% DEBORAH JEAN BAYLOR =2°. ,':n=Notary Public,State of Texas of v Comm. Expires 10-29-2019 Notary ID 13042344-2 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen La Estrella Mansfield News-Mirror f Star-Telegram Northeast IWeather-ford Star-Telegram star-telegram.com 1 808 Throckmorton St. 1 Ft Worth,Tx.76102-6315 *** MEMO INVOICE 't't* Fed ID#26-2674582 231 TOTAL AMOUNT DUE $116.76 BALES REP 124 ADVERTISER INFORMATION Advertising Dept 1 BILLING PERIOD 6 I BILLED ACCOUNT NUMBER 7 I ADVERT1SER/CLIENT NUMBER 21 ADVERTISER/CUENT NAME 04/12/2018 600579 600579 CITY OF NORTH RICHLAND HILLS MAKE CHECKS PAYABLE TO Star-Telegram CITY OF NORTH RICHLAND HILLS Star-Telegram-Advertising PO BOX 51847 PO BOX 820609 Livonia,MI 48151 NORTH RICHLAND HILLS,TX 76182-0609 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections @mcclatchy.com Payment is due upon receipt. sal" 0 LA NEWSPAPER 2 I4 12.1 BILLED 12j TIMES '6 B START STOP REFERENCE DESCRIPTION PRODUCT SAU SIZE UNITS RUN RATE AMOUNT 03/29 03/30 0003589054 CITY OF NORTH RICHLAND HILLS ORDIP Telegram 1 x 57 L 57 2 $0.84 $95.76 Bold Text Charge $6.00 03/29 03/30 0003589054 CITY OF NORTH RICHLAND HILLS ORDII` Upsell ST.Com 1 x 57 L 57 2 $0.84 $95.76 Bold Text Charge $600 -$86.76 Invoice Total $116.76 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE Star-Telegram BILUNG PERIOD 21 ADVERTISER/CLIENT NAME MEDIA 04/12/2018 CITY OF NORTH RICHLAND HILLS Star-Telegram-Advertising 23 I TOTAL AMOUNT DUE 3 I TERMS OF PAYMENT PO BOX 51847 Livonia,MI 48151 $116.76 Upon Receipt 41 PAGE• 5 I BILUNG DATE *** MEMO INVOICE *** 1 04/12/2018 111 NEWSPAPER REFERENCE 0003589054 Star-Telegram 6 I BILLED ACCOUNT NUMBER Star-Telegram-Advertising 600579 PO BOX 51847 71 ADVERTISERICUENT NUMBER Livonia, MI 48151 600579