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HomeMy WebLinkAboutOrdinance 3670 ORDINANCE NO. 3670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING SECTION 54-102(b) OF THE NORTH RICHLAND HILLS CODE OR ORDINANCES; ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF THE TRANSPIRATION CODE, CHAPTER 545, SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION ON DAVIS BOULEVARD (FM 1938) WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 Chapter 545 of the Texas Transportation Code, the City Council has the authority to regulate speed limits within its boundaries to create reasonable and safe driving conditions; and WHEREAS, After a speed study and investigation, the City's Engineer is recommending changes to the City's ordinance establishing that posted speed limits be changed as herein established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: That Section 54-102(b) of the North Richland Hills Code of Ordinances be amended by amending the speed limits established for Davis Boulevard (FM 1938) by deleting from the table inset all speed limits for Davis Boulevard and FM 1938 and replacing such table inset for Davis Boulevard with the following: Ordinance No.3670 Page 1 ofs 3, "TABLE INSET: STREET/ HIGHWAY SPEED LIMIT (miles per hour) 18. Davis Boulevard: a. Control 1978-01, Davis Boulevard, FM Road 1938, North Richland Hills/Keller City Limit to 900 feet north of Odell Street as described by TxDOT Mile Point(MP) 50 21.712 south 2.910 miles to MP 24.622, excluding school zone times: b. Control 1978-01, Davis Boulevard, FM Road 1938, 900 feet north of Odell Street to Smithfield Road as described by TxDOT Mile Point (MP) 24.622 south 45 1.320 miles to MP 25.942, excluding school zone times: 19. Control 1978-01, Davis Boulevard, FM Road 1938, Smithfield Road to State Highway 26 (Boulevard 26) as described by 40 TxDOT Mile Point(MP) 25.942 south 1.572 miles to MP 27.514: SECTION 3: 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 an amount not to exceed two hundred dollars ($200.00). SECTION 4: 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 5: 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. Ordinance No.3670 Page 2 of,"3_ SECTION 6: 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 7: 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 26th day of October, 2020. CITY OF N TH RI L LLS By: `aotournilloo, Osc revi , Mayor ATTEST: - 4,6' '•So„ gip' rr Alicia Richardson molliono City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: aleshia . McGinnis, City Attorney APPROVED AS TO CONTENT: &41(-‘_;/(ti Caroline Waggoner, irector of Public Works Ordinance No.3670 Page 3 of 3 1 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller'Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Mortheast I-v'#ieatherFord Star-Telegram star-telegram.com 1808 Throckeriorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account It Ad Number Identification PO - Amount Cols Depth 600579 0004796066 CITY OF NORTH RICHLAND HILLS ORDINANC $95.72 1 54.00 Li Attention: Traci Henderson 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 VICTORIA CITY OF NORTH RICHLAND HILLS RODELA, Bid and Legal Coordinator 1 ORDINANCE NO.3670 AN ORDINANCE OF THE CITY for the Star-Telegram, published COUNCIL OF THE CITY OFby NORTH RICHLAND HILLS, the Star-Telegram, Inc. at Fort Worth, TEXAS,..AMENDING SECTION 54-102(b)OF THE NORTH RICH- CITY OF NORTH RICHLAND HILLS , in Tarrant County,Texas; and who, LAND HILLS CODE OR ORDI- , ORDINANCE NO.3670 NANCES; ALTERING THE PRI- AN ORDINANCE OF THE CITY ; after being duly sworn, did depose MA FACIE SPEED LIMITS ES- COUNCIL OF THE CITY OF TABLISHED FOR VEHICLES UN- ; NORTH RICHLAND HILLS, and say that the attached clipping of DER THE PROVISIONS OF THE . TEXAS, AMENDING SECTION an advertisement was published in TRANSPIRATION CODE, CHAP- 54-102(b)OF THE NORTH RICH- TER 545, SECTION 545.356, LAND HILLS CODE OR ORDI- the above named paper on the listed UPON THE BASIS OF AN ENGI- NANCES; ALTERING THE PRI- • NEERING AND TRAFFIC INVES- MA FACIE SPEED LIMITS ES- dates: TIGATION ON DAVIS BOULE- TABLISHED FOR VEHICLES UN- VARD (FM 1938) WITHIN THE DER THE PROVISIONS OF THE• CORPORATE LIMITS OF THE TRANSPIRATION CODE, CHAP- CITY OF NORTH RICHLAND TER 545, SECTION 545.356, HILLS AS SET OUT IN THIS OR- UPON THE BASIS OF AN ENGI-. DINANCE; PROVIDING A PEN- NEERING AND TRAFFIC INVES- ALTY; PROVIDING THAT THIS TIGATION ON DAVIS BOULE- 2 Insertion(s) ORDINANCE SHALL BE CUMU- VARD (FM 1938) WITHIN THE LATIVE OF ALL ORDINANCES CORPORATE LIMITS OF THE AND REPEAL OF CONFLICTING CITY OF NORTH RICHLAND Published On: PROVISIONS; PROVIDING SAV- HILLS AS SET OUT IN THIS,OR- INGS CLAUSE; PROVIDING A DINANCE; PROVIDING A PEN- October 29,2020,October 30,2020 SEVERABILITY CLAUSE; AND ALTY; PROVIDING THAT THIS PROVIDING AN EFFECTIVE ORDINANCE.SHALL BE CUMU- LATIVE OF ALL ORDINANCES Any person intentionally,know- AND REPEAL OF CONFLICTING ingly, recklessly, or with crimi- PROVISIONS;PROVIDING SAV- nal negligence violating any of INGS CLAUSE; PROVIDING- A the provisions of this ordinance SEVERABILITY CLAUSE; AND • shall be deemed guilty of a mis- PROVIDING AN EFFECTIVE demeanor and upon conviction 4 DATE. ' thereof shall be fined an amount ' Any person intentionally,know- not to exceed two hundred dol- ingly, recklessly, or with crimi- lars($200.00). nal negligence violating any of PASSED AND APPROVED on the provisions of this ordinance this 26th day of October,2020. shall be deemed guilty of a mis- CITY OF NORTH RICHLAND demeanor and upon conviction HILLS thereof shall be fined an amount By:/s/Oscar Trevino not to exceed two hundred dol- r 1 Mayor lars($200.00), ,r-; , ATTEST: PASSED AND APPROVED on /s/ Alicia Richardson this 26th day of October,2020. - City Secretary/Chief Gover- CITY OF NORTH RICHLAND (Principal Clerk) nance Officer HILLS APPROVED AS TO FORM AND By:/s/Oscar Trevino LEGALITY: Mayor SUBSCRIBED AND SWORN TO /s/Maleshia B.McGinnis • ATTEST: City Attorney - /s/ Alicia Richardson BEFORE ME,THIS 30th day of City Secretary/Chief Cover- ctober in the year of 2020 nance Officer I I APPROVED AS TO FORM AND LEGALITY: /s/Maleshia B.McGinnis • City Attorney 1 (014\ :\174________././,,, =`AMANDA DA N GRiSl'IAM I1i>tlyNotary!D' 132031323rl:'77IE:::L:4:t:::;:;Is'5--r;—.:a::.:::' Expires May 30,2023 Yam, 'ss��d :,s^1sm�ru_r lost or duplicate affidavits. 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