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Home My WebLink AboutOrdinance 3701 ORDINANCE NO. 3701 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 54, ARTICLE III, DIVISION 4, SCHOOL ZONE SPEED LIMITS, SECTION 54-121, EXPANDING THE SCHOOL ZONE FOR DAVIS BOULEVARD AND ESTABLISHING A SCHOOL ZONE FOR NORTHEAST PARKWAY FOR SMITHFIELD ELEMENTARY SCHOOL; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; 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 an investigation, the City's Engineer is recommending changes to the City's ordinance to expand an existing school zone and establish a new school zone to address student pedestrian traffic in the vicinity of the new Smithfield Elementary School campus. 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 54-121 of the North Richland Hills Code of Ordinances be amended to be and read as follows: "Sec. 54-121. Established. (b) Designated school zones. On that portion of those streets or highways listed below marked as a school zone, the maximum prima facie reasonable and prudent speed limit in miles per hour (mph) as posted Monday through Friday on days when school is in session shall be the speed as indicated below, provided Ordinance No. 3701 Page 1 of 3 that an appropriate sign giving notice thereof is erected. The times of operation of each school zone shall be established by the city engineer. (1) Birdville Independent School District (BISD) Elementary School Zones listed below: 20 mph f. Smithfield Elementary School Zones: 1. 6700 — 6800 Smithfield Road 2. 7900 — 8220 Northeast Parkway (c) Designated school zones with other speed limits. The portions of the following public streets are designated as school zones in which the maximum prima facie reasonable and prudent speed limits are as stated: Davis Boulevard (FM Road 1938) from Mile Point 024.795 (Odell Street) thence southerly 0.527 miles to Mile Point 025.322 (encompassing Main Street intersection) 30 miles per hour when so signed from school crossing; posted speed of 45 miles per hour all other times. 71 SECTION 3: No person shall drive a motor vehicle at a speed greater than established by this section in a school zone when such school zone is in force. Violators shall be punished by a fine not exceeding $200.00. It shall be a defense to the prosecution for a violation of this section that school was not in session on the day of such offense. 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.3701 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: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. SECTION 8: 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 12th day of July, 2021. CITY OF RTH C LAND ILLS ,``oulowillill�iii , By: ��CN144/�-,,, Oscar Trevin , r ATTEST: °��;.• ..•y�: ze 1 . 1)LA: Alicia Richardson City Secretary/Chief C4nitfficer J�,I/lls APPROVED AS TO FORM AND LEGALITY: —J Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: 1/(.) c Caroline Waggoner, Dr-ear of Public Works Ordinance No.3701 Page 3 of 3 Beaufort Gazette The Herald-Rock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Democrat Herald Sun-Durham 4odesb:.Bee The News Tribune Tacoma Fell ingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune *iP* F 1 Centre Dail; Times Kansas City Star Sacramento Bee Tn-City Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The Slate-Columbia Fresrrs Bee Miarni Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 99645 Print Legal Ad-IPL0032383 $83.96 1 46 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 Amanda Grisham,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at CITY OF NORTH RICHLAND Fort Worth,in Tarrant County,Texas;and who, HILLS ORDINANCE NO.3701 after being dulydepose say sworn,did and that AN ORDINANCE OF THE CRY OF the attached clipping of an advertisement was NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 54,ARTICLE III, published in the above named paper on the listed DIVISION 4, SCHOOL ZONE SPEED LIMITS, SECTION 54-121, EXPAND- dates: ING THE SCHOOL ZONE FOR DAVIS BOULEVARD AND ESTABLISHING A SCHOOL ZONE FOR NORTHEAST No.of Insertions: 2 PARKWAY FOR SMM-IFIFI D FI F- MENTARY SCHOOL; PROVIDING A PENALTY;PROVIDING THAT THIS OR- Beginning Issue of: 07/15/2021 DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF EndingIssue of: 07/16/2021 CONFLICTING PROVISIONS;PROVID- ING A SAVINGS CLAUSE;PROVIDING A SEVERABILIIY CLAUSE; PROVID- ING FOR PUBLICATION;AND PROVID- ING AN EFFECTIVE DATE. No person shall drive a motor vehicle at a speed greater than established by this section in a school zone when such school zone is in force.Viola- tors shall be punished by a fine not exceeding$200.00.It shall be a de- fense to the prosecution for a violation of this section that school was not in session on the day of such offense. PASSED AND APPROVED on this 12th day of July,2021. CRY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino Oscar Trevino,Mayor ATTEST: /s/Alicia Richardson Alicia Richardson Sworn to and subscribed before me this 16th day of July City Secretary/Chief Governance Of- ficer in the year of 2021 APPROVED AS TO FORM AND LE- GALITY: Is/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney IPL0032383 Jul 15-16 2021 / / 3‘06‘2141r9e: eUidf Notary Public in and for the state of Texas,residing in Dallas County r__ ti: MigotatylDNI317 51 Extra charge for last or duplicate affidavits Legal doaunent please do not destroy!