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Ord 41-2012 8/21/2012 ORDINANCE NO. 41-2012 Ordinance Amending Sections 102-109 And 102-110 Of The Code Of Ordinances Of The City Of Wichita Falls, Which Provide For Altered Speed Limits; Providing For Codification; And Declaring An Emergency WHEREAS, Texas Transportation Code § 545.351(a) provides that "an operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing." WHEREAS, relevant parts of Texas Transportation Code § 545.352 provide for default prima facie speed limits in cities as follows: (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. (b) Unless a special hazard exists that requires a slower speed for compliance with Section 545.351(b), the following speeds are lawful: (1) 30 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley; (2) except as provided by Subdivision (4), 70 miles per hour on a highway numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market road; (3) except as provided by Subdivision (4), 60 miles per hour on a highway that is outside an urban district and not a highway numbered by this state or the United States; (d). . . (3) "Urban district" means the territory adjacent to and including a highway, if the territory is improved with structures that are used for business, industry, or dwelling houses and are located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway. WHEREAS, relevant parts of Texas Transportation Code § 545.356, Authority of Texas Transportation Commission to Alter Speed Limits, provide: (a) If the Texas Transportation Commission determines from the results of an engineering and traffic investigation that a prima facie speed limit in this subchapter is unreasonable or unsafe on a part of the highway system, the commission, by order recorded in its minutes, and except as provided in Subsection (d), may determine and declare: (1) a reasonable and safe prima facie speed limit; and (2) another reasonable and safe speed because of wet or inclement weather. (b) In determining whether a prima facie speed limit on a part of the highway system is reasonable and safe, the commission shall consider the width and condition of the pavement, the usual traffic at the affected area, and other circumstances. (c) A prima facie speed limit that is declared by the commission under this section is effective when the commission erects signs giving notice of the new limit. A new limit that is enacted for a highway under this section is effective at all times or at other times as determined. (d) Except as provided by Subsection (h-1) , the commission may not: (1) modify the rules established by Section 545.351(b); (2) establish a speed limit of more than 75 miles per hour; or (3) increase the speed limit for a vehicle described by Section 545.352(b)(4). (e) The commission, in conducting the engineering and traffic investigation specified by Subsection (a), shall follow the "Procedure for Establishing Speed Zones" as adopted by the commission. The commission may revise the procedure to accommodate technological advancement in traffic operation, the design and construction of highways and motor vehicles, and the safety of the motoring public. WHEREAS, relevant parts of Texas Transportation Code § 545.356, Authority of Municipality to Alter Speed Limits, provide: (a) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter by ordinance prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission on an officially designated or marked highway of the state highway system. The governing body of a municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. (b) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter prima facie speed limits from the results of an engineering and traffic investigation as the commission for an officially designated or marked highway of the state highway system, when the highway or part of the highway is under repair, construction, or maintenance. A municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. WHEREAS, the City Council finds the attached Engineering and Traffic Investigations have been prepared in accordance with the "Procedure for Establishing Speed Zones" adopted by the Texas Transportation Commission; WHEREAS, the City Council finds and determines from the results of the attached Engineering and Traffic Investigations that the default prima facie speed limits established pursuant to state law that differ from the altered prima facie speed limits established in the zones described in Section 1 of this ordinance are unreasonable or unsafe, and further determines that the speed limits described in Section 1 , which are the recommended speed limits of the attached Engineering and Traffic Investigations, are reasonable and safe; WHEREAS, the City Council finds that the maps attached to each of the Engineering and Traffic Engineering Investigations constitute "strip maps" in compliance with the "Procedure for Establishing Speed Zones" adopted by the Texas Transportation Commission; and WHEREAS, the City Council finds that the attached documents constitute all state-required documentation necessary to establish altered prima facie speed limits at the locations described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Amendment to Sections 102-109 & 102-110 Sections 102-109 and 102-110 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Section 102-109. Altered Prima Facie Speed Limits (a) For purposes of this section, the term "highway" shall refer to all publicly dedicated streets, roads, and alleys within the City. (b) In accordance with state law pursuant to engineering and traffic investigations performed by the City's traffic engineering division, the prima facie speed limits are hereby altered to apply in the speed zones on parts of City highways as described in Table 102-109(b) Speed Zones. (c) In accordance with state law pursuant to engineering and traffic investigations performed by the City's traffic engineering division, the altered prima facie speed limits for school speed zones on parts of City highways described in Table 102- 109(c) School Speed Zones, shall apply at such times and places as each described school speed zone is active. The City's traffic engineering division shall establish the times in which each described school zone is active, and said speed zones shall be applicable in accordance with signs placed that give notice thereof. (d) Prima facie speed limits established under sections (b) and (c) shall be enforceable when appropriate signs giving notice thereof are erected in accordance with state laws and regulations. Section 102-110. Authority to establish Temporary Speed Limits The City's traffic engineering division may determine and declare temporary reasonable and safe speed limits to the maximum extent allowable pursuant to state law. Such change shall be effective at all times when appropriate signs giving notice thereof are erected. Table 102-109(b) Speed Zones Altered Prima Name of Zone Location of Zone Facie Speed Limit MP 9th Street Zone#1 From the intersection of 9th and Van Buren to the intersection of 9th and Seymour Highway 35 Anchor Rd Zone#1 From the intersection of Anchor and Barnett to the intersection of Anchor and Turtle Creek 45 Armstrong Zone#1 From the intersection of Armstrong and FM 890 to 2300 feet north of the intersection of Armstrong and FM 45 Dr 890 Barnett Rd Zone#1 From the intersection of Barnett and Seymour Highway north to the city limits 55 Barnett Rd Zone#2 From the intersection of Barnett and Kell East to the intersection of Barnett and Seymour Highway 45 Barnett Rd Zone#3 From the intersection of Barnett and Southwest to the intersection of Barnett and Kell East 45 Barnett Rd Zone#4 From the intersection of Barnett and Southwest to the intersection of Barnett and Bayberry 40 Brook Ave Zone#1 From the intersection of Brook and Kell West to the intersection of Brook and Huff 35 Call Field Rd Zone#1 From the intersection of Call Field and Kemp to the intersection of Call Field and Fairway 35 City View Zone#1 From the intersection of City View and Old Iowa Park to the intersection of City View and US 287 40 Dr City View Zone#2 From the intersection of City View and US 287 to the intersection of City View and Airport 35 Dr City View Zone#3 From the intersection of City View and Airport to the intersection of City View and Kiel 45 Dr City View Zone#4 From the intersection of City View and Kiel to the intersection of City View and Reilly 50 Dr Duncan St/ Zone#1 From the intersection of Duncan and Rosewood to the intersection of Duncan/3rd and Martin Luther King 35 3rd Fairway Zone#1 From 150 feet north of the intersection of Fairway and Harbor to the intersection of Fairway and Kell West 40 Blvd Fairway Zone#2 From the intersection of Fairway and Kell West to the intersection of Fairway and Seymour Highway 45 Blvd Galveston St Zone#1 From the intersection of Galveston and East Scott to the intersection of Galveston and Central Freeway East 35 Galveston St Zone#2 From the intersection of Galveston and Central Freeway East to the intersection of Galveston and Kell 40 Freeway East Hamilton Zone#1 From the intersection of Hamilton and Hampstead to 600 feet northeast of the intersection of Hamilton and 40 Blvd Berkeley Harding St Zone#1 From the intersection of Harding and the Emanuel Davis Overpass to the intersection of Harding and Linda 40 Harding St Zone#2 From the intersection of Harding and Linda east to the city limits 45 Hatton Rd Zone#1 From the intersection of Hatton and Jacksboro Highway to the intersection of Hatton and Bonny 40 Hatton Rd Zone#2 From the intersection of Hatton and Bonny east to the city limits 45 Huntington Zone#1 From the intersection of Huntington and Reilly south to the intersection of Huntington and US 287 50 Ln Johnson Rd Zone#1 From the intersection of Johnson and Barnett to the intersection of Johnson and Fairway 40 Kemp Blvd Zone#1 From the intersection of Kemp and Southwest to the intersection of Kemp and Seymour Highway 40 Kiel Ln Zone#1 From the intersection of Kiel and Wellington to the intersection of Kiel and City View 50 Kovarik Rd Zone#1 From the intersection of Kovarik and Barnett west to the city limits near the intersection of Kovarik and 45 Arena Lake Park Dr Zone#1 From the intersection of Lake Park and Southwest to the intersection of Lake Park and Midwestern 35 Lawrence Rd Zone#1 From the intersection of Lawrence and Kell Freeway East to the intersection of Lawrence and Call Field 35 Maplewood Zone#1 From the intersection of Maplewood and Southwest to the intersection of Maplewood and Lawrence 35 Ave McNeil Ave Zone#1 From the intersection of McNeil and Seymour Highway to the intersection of McNeil and Call Field 35 Midwestern Zone#1 From the intersection of Midwestern and Kemp to the intersection of Midwestern and Eureka 35 Pkwy Midwestern Zone#2 From the intersection of Midwestern and Henry S.Grace Service Road to the intersection of Midwestern and 40 Pkwy Council Missile Rd Zone#1 From the intersection of Missile and Central Freeway to the intersection of Missile and Burkburnett 45 North Beverley Zone#1 From the intersection of N Beverley and Iowa Park to the intersection of N Beverley and Loop 11 45 Drive Parkhill Rd Zone#1 From the intersection of Parkhill and Kovaric to the intersection of Parkhill and Seymour Highway 40 Rathgeber Zone#1 From the intersection of W Rathgeber and Archer City Highway east to the city limits 40 Rd Reilly Rd Zone#1 From the intersection of Reilly and Central Freeway west to the city limits 55 River Rd Zone#1 From the intersection of Duncan and River Rd.,northeast to the city limits 35 Seymour Rd Zone#1 From the intersection of Seymour and Seymour Highway to the intersection of Seymour and Indian Heights 40 Sheppard Zone#1 From the intersection of Sheppard Access and Old Iowa Park to the intersection of Sheppard Access and 45 Access Rd Spur 325 Stone Lake Zone#1 From the intersection of Stone Lake and Southwest to the intersection of Stone Lake and W Rathgeber 35 Dr Taft Blvd Zone#1 From the intersection of Taft and Kell East to the intersection of Taft and Hampstead 35 Taft Blvd Zone#2 From the intersection of Taft and Midwestern to the intersection of Taft and Southwest 40 Turtle Creek Zone#1 From the intersection of Turtle Creek and Seymour Highway to the intersection of Turtle Creek and Anchor 45 Rd Wellington Zone#1 From the intersection of Northwest Freeway to the intersection of Wellington and Kiel 50 Ln Wellington Zone#2 From the intersection of Wellington and Kiel to the intersection of Wellington and Reilly 50 Ln Windthorst Zone#1 From the intersection of Windthorst and E Scott to the intersection of Windthorst and Hatton 45 Rd Table 102-109(c) School Speed Zones Altered Prima Name of Zone Street Location of Zone Facie Speed Limit (MPH) Alamo Elementary School Zone#1 1 lth St From 69 feet cast of the intersection of Harrison and 1 Ith to 33 feet west of the intersection of Denver and 1 Ith 20 Alamo Elementary School Zone#2 Van Buren From 224 feet south ofthe intersection of Van Buren and 1 lth to the intersection of Van Buren and 1 lth 20 St Christ Academy Zone#1 Stonclake Dr From 20 feet south ofthe intersection of Stonclake and Bartley to 238 feet south ofthe intersection of Stonclake and 20 Rockcreek City View Elementary School Zone#1 City View From 288 south of the intersection of City View and Crescent to 394 feet north of the intersection of City View and Iowa 25 Dr Park City View High School Zone#1 cityDView From the intersection of City View and Longview to 275 feet south ofthe intersection of City View and Wrangler 25 Crockett Elementary School Zone#1 Hayes St From 47 feet northeast ofthe intersection of Hayes and Avenue K to 204 feet southwest ofthe intersection of Hayes and 20 Avenue H Crockett Elementary School Zone#2 Seymour Rd From 120 feet east of the intersection of Seymour and Harriet to 202 feet northeast of the intersection of Seymour and 20 Beverly/Garfield Crockett Elementary School Zone#3 Seymour Rd From 13 feet east of the intersection of Seymour and Arthur to 39 feet west ofthe intersection of Avenue K and Hayes 20 /Avenue K Cunningham Elementary Zone#1 McNeil Ave From 23 feet south ofthe intersection of McNeil and Rubsam to 101 feet south ofthe intersection of McNeil and Pool 20 School Cunningham Elementary Zone#2 Pool St From 222 feet east ofthe intersection of Pool and Hughes to 172 feet west ofthe intersection of Pool and McNeil 20 School Cunningham Elementary Zone#3 Phillips Dr From 301 feet west ofthe intersection of Phillips and Hughes to the intersection of Phillips and McNeil 20 School Fain Elementary School Zone#1 Norman St From 250 feet east ofthe intersection of Norman and Nursery to 134 feet east ofthe intersection of Norman and Alamo 20 Farris Developmental Center Zone#1 Burkburnett From 204 feet northwest ofthe intersection ofBurkburnett and Jefferson to 180 feet southeast ofthe intersection of 20 Rd Burkburnett and Lincoln Fowler Elementary School Zone#1 Cypress Ave From 45 feet south ofthe intersection of Cypress and Tower to the intersection of Cypress and Langford 20 Fowler Elementary School Zone#2 Langford Ln From 119 feet east of the intersection of Langford and Indigo to 163 feet southeast ofthe intersection of Langford and 20 Cypress Fowler Elementary School Zone#3 Tower Rd From 124 feet east ofthe intersection of Tower and Lovers to the intersection of Tower and Cypress 20 Fowler Elementary School Zone#4 Ridgeeirest From 142 feet west ofthe intersection of Ridgecrest and Wildflower to the intersection of Ridgecrest and Cypress 20 Fowler Elementary School Zone#5 Sonora Dr Entire street within zone 20 Franklin Elementary School Zone#1 Taft Blvd From 78 feet south ofthe intersection of Taft and Speedway to 29 feet south ofthe intersection of Taft and Clarinda 20 Franklin Elementary School Zone#2 Sp Ave ay From the intersection of Speedway and Taft to the intersection of Speedway and Harrison 20 Franklin Elementary School Zone#3 Martin Blvd From 250 feet northeast of the intersection of Martin and Avondale to the intersection of Martin and Speedway 20 Hirschi High School Zone#1 Burton St From 139 feet east ofthe intersection of Borton and N Beverly to 164 feet east ofthe intersection of Borton and Ridgeway 20 Houston Elementary School Zone#1 Kemp Blvd From 120 feet south ofthe intersection of Kemp and Avenue N to 238 feet south ofthe intersection of Kemp and Avenue 0 25 Houston Elementary School Zone#2 Miami Ave From 35 feet east of the intersection of Miami and Garfield to the intersection of Miami and Grant 20 Houston Elementary School Zone#3 Grant St From I 1 feet south of the intersection of Grant and Avenue N to 42 feet north of the intersection of Grant and Avenue O 20 Jefferson Elementary School/ Fairway Rider High School Zone#1 Blvd From 15 feet south of the intersection of Fairway and Ernest to 45 feet north of the intersection of Fairway and Lockwood 25 Jefferson Elementary School/ Zone#2 Mistletoe Dr From 50 feet north of the intersection of Mistletoe and Chuck to the intersection of Mistletoe and Lindale 20 Rider High School Jefferson Elementary School Zone#3 Johnson Rd From 214 feet east of the intersection of Johnson and Pasadena to 544 feet west of the intersection of Johnson and Fairway 25 Jefferson Elementary School Zone#4 Lindale Dr From 131 feet west of the intersection of Lindale and Briarwood to the intersection of Lindale and Fairway 20 John Tower Elementary Zone#1 Missile Rd From 500 feet west of the intersection of Missile and Hooper to 505 feet east of the intersection of Missile and Hooper 25 School John Tower Elementary Zone#2 Hooper Dr From 367 feet south of the intersection of Hooper and John Tower to the intersection of Hooper and Reilly 20 School John Tower Elementary Zone#3 Reilly Rd From 103 feet east of the intersection of Reilly and Dewey to the intersection of Reilly and Hooper 20 School John Tower Elementary Zone#4 John Tower From the intersection of John Tower and Hooper to the intersection of John Tower and Reilly 20 School Dr Kate Burgess Elementary Zone#1 Maurine St From 244 feet east of the intersection of Maurine and N Beverly to 241 feet east of the intersection of Maurine and Ridgeway 20 School Kate Haynes Elementary Zone#1 Jo Ann Dr From 200 feet north of the intersection of Jo Ann and Katherine to 300 foot south of the intersection of Jo Ann and Katherine 20 School Kate Haynes Elementary Zone#2 Katherine Dr From the intersection of Katherine and Hooper to the intersection of Katherine and Billie 20 School Kirby Junior High School Zone#1 Loop 11 From the intersection of Loop 11 and N Beverly to 400 feet north ofthe intersection of Loop 11 and Ledford 35 Lamar Elementary School Zone#1 Hines Blvd From 224 feet southeast of the intersection of Hines and Lisbon to 107 feet southeast of the intersection of Hines and Lucas 20 Lamar Elementary School Zone#2 Lucas Ave From 206 feet north of the intersection of Lucas and Sunnyside to 139 feet west of the intersection of Lucas and Kimberly 20 McNeil Junior High School Zone#1 Southwest From 524 feet west of the intersection of Southwest and Barnett to I I I feet east of the intersection of Southwest and Cape 35 Pkwy Cod McNeil Junior High School Zone#2 Barnett Rd From 477 feet south of the intersection of Barnett and Montreal to 347 feet north of the intersection of Barnett and Langford 20 Milam Elementary School Zone#1 Rhea Rd From 150 feet north of the intersection of Rhea and Lavell to 150 feet south of the intersection of Rhea and Featherston 20 Milam Elementary School Zone#2 Stearns Ave From the intersection of Stearns and Rhea to the intersection of Sterns and Boren 20 Notre Dame Elementary Zone#1 Lansing From 18 feet southeast of the intersection of Lansing and Kingsbury to 107 feet south of the intersection of Lansing and 20 School Blvd Berwick Notre Dame Elementary Zone#2 York St From 43 feet east of the intersection of York and Belgrave to 37 feet east of the intersection of York and Pennsylvania 20 School Rider High School Zone#3 Cypress Ave From 27 feet south of the intersection of Cypress and Spanish to 152 feet south of the intersection of Cypress and Lindale 20 Rider High School Zone#4 Raider Dr From 78 feet south of the intersection of Raider and Johnson to the intersection of Raider and Cypress 20 Rider High School Zone#5 Lindale Dr From 138 feet west of the intersection of Lindale and Cypress to the intersection of Lindale and Brookdale 20 Scotland Park Elementary Zone#1 N 6th St From the intersection of N 6th and N Central Freeway Access to 171 feet east of the intersection of N 6th and Louis Esquibel 20 School Scotland Park Elementary Zone#2 N 3rd St From 143 feet northeast of the intersection of N 3rd and N Central Freeway Access to 267 feet east of the intersection of N 20 School 3rd and Stratford Scotland Park Elementary Zone#3 Stratford From 140 feet north of the intersection of Stratford and N 6th to 154 feet north of the intersection of Stratford and N 2nd 20 School Ave Scotland Park Elementary Zone#4 N 5th St From 249 feet east of the intersection of N 5th and Stratford to the intersection of N 5th and Louis Esquibel 20 School Scotland Park Elementary Zone#5 N 4th St From 313 feet east of the intersection of N 4th and Stratford to the intersection of N 4th and Stratford 20 School Scotland Park Elementary Louis School Zone#6 Esquibel From 102 feet south of the intersection of Louis Esquibel and N 7th to the intersection of Louis Esquibel and N 3rd 20 Ave Southern Hills Elementary Midwestern From 118 feet northwest of the intersection of Midwestern and 38th to 75 feet west of the intersection of Midwestern and School Zone#1 Pkwy Beth 25 Southern Hills Elementary From 62 feet south of the intersection of Midwestern and Armory to 52 feet north of the intersection of Armory and Windy School Zone#2 Armory Rd Ridge 20 Washington Jackson Zone#1 Harding St From 178 feet east of the intersection of Harding and Williams to 145 feet west of the intersection of Harding and Irene 20 Elementary School West Foundation Elementary Lake From 39 feet northeast of the intersection of Lake Wellington and Coventry to 266 feet west of the intersection of Lake School Zone#1 Wellington Wellington and Stirling 20 Y Wichita Christian Academy Zone#1 Midwestern From 70 feet east of the intersection of Midwestern and Southmoor to 43 feet west of the intersection of Midwestern and 25 Pkwy Manor Wichita Christian Academy Zone#2 Neta Ln From 31 feet north of the intersection of Neta and Jarmon to 128 feet south of the intersection of Neta and Greenbriar 20 Wichita Falls Old High Zone#1 Avenue H From the intersection of Avenue H and Monroe to the intersection of Avenue H and Giddings 20 School Wichita Falls Old High Zone#2 Coyote Blvd From the intersection of Coyote and Avenue F to the intersection of Coyote and Avenue H 20 School Zundy Junior High School Zone#1 Avenue G From 135 feet southeast of the intersection of Avenue G and Fillmore to 173 feet southeast of the intersection of Avenue G 20 and Monroe Zundy Junior High School Zone#2 Avenue H From 30 feet southeast of the intersection of Avenue H and Fillmore to 180 feet northwest of the intersection of Avenue H 20 and Monroe Zundy Junior High School Zone#3 Polk St From 229 feet northeast of the intersection of Polk and Avenue G to 94 feet southwest of the intersection of Polk and Avenue 20 2. Supporting Documentation This ordinance adopts the attached Engineering and Traffic Investigations in support of the above prima facie speed limits and declares that the maps attached to each Engineering and Traffic Engineering Investigations constitute "strip maps" in compliance with the "Procedure for Establishing Speed Zones" adopted by the Texas Transportation Commission. Copies of the aforementioned documents shall be maintained in the office of the City Clerk for public examination and may additionally be posted on the City's internet site, but shall not be codified. 3. Codification Section 1 of this ordinance amends the Code of Ordinances of the City of Wichita Falls and is intended to be part of said Code. Accordingly, the provisions of said Section may be renumbered or relettered to accomplish such intention. The remaining sections of this ordinance are not intended to be codified. 4. Emergency The immediate need to install new signage to ensure continued enforcement of important public safety regulations following changes to supporting documentation creates an emergency, and in order to protect the public health, welfare and to preserve the peace, this ordinance shall take effect immediately, and it is so ordained PASSED AND APPROVED this the 21st day of August, 2012. MAYOR ATTEST: City Clerk Affidavit of Publication THE STATE OF TEXAS #283515 COUNTY OF WICHITA ORDINANCE NO.41-2012 Ordinance Amendin4 Sot 110 tion sOf 0The9 And Code On this 28�h day of August 2012 A D... Ordinances Of The City personally appeared before me the undersigned authority City Of Wichita Falls, � Which Provide For Altered Speed Lim- Kathy Salan, Sales Assistant for the Times Publishing its; Providing For Codification; And De- Company of Wichita Falls, publishers of the Wichita Falls claring An Emergen- cy Times/Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in 1 day (1) issues hereof on the following date: August 26, 2012 Sales Assistant for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: r PAM BUFM NOTARY pUBUC STATE OF TEXAS `` P4 CORM Eq.03.2 -Me ' f