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Home My WebLink About2093 11-10-2015ORDINANCE NO. 2093 AN ORDINANCE EXTENDING CERTAIN SPECIFIED TRAFFIC RULES THAT APPLY TO ROADS OWNED BY THE CITY OF EULESS, TEXAS, TO THE ROADS IN THE "ESTATES AT BEAR CREEK" SUBDIVISION ON PETITION BY THE GOVERNING BODY OF THE ENTITY THAT MAINTAINS THE ROADS IN SAID SUBDIVISION; AMENDING CHAPTER 82 "TRAFFIC AND MOTOR VEHICLES" OF THE CITY OF EULESS, TEXAS CODE OF ORDINANCES THROUGH THE ADDITION OF APPLICABLE SUBDIVISION; FINDING THAT THIS ORDINANCE IS IN THE INTEREST OF THE CITY OF EULESS, GENERALLY; SPECIFYING THE REQUESTED RULES TO BE EXTENDED TO THE ROADS IN SAID SUBDIVISION; ALLOWING THE CITY TO REQUIRE THAT OWNERS OF PROPERTY IN SAID SUBDIVISION PAY ALL OR PART OF THE COST OF EXTENDING AND ENFORCING THE TRAFFIC RULES TO SAID SUBDIVISION, INCLUDING COSTS ASSOCIATED WITH PLACEMENT OF NECESSARY OFFICIAL TRAFFIC CONTROL DEVICES; ALLOWING FOR THE PLACEMENT OF NECESSARY TRAFFIC CONTROL DEVICES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDiNG AN EFFECTIVE DATE. WHEREAS, Section 542.008 of the Texas Transportation Code allows the City of Euless, upon petition by twenty -five percent (25 %) of the property owners residing in a subdivision or on the request of the governing body of the entity that maintains the roads in a subdivision, to extend by ordinance any traffic rules that apply to roads owned by the City of Euless, so that the roads in said subdivision are under some of the same traffic rules as govern public roads within the city; and WHEREAS, the City Council has received a petition from the property owner, Lennar Homes of Texas Land & Construction, Ltd., that maintains the roads in the Estates at Bear Creek, a subdivision of the City of Euless, Texas, requesting that the city extend by ordinance certain, specified traffic rules that apply to roads owned by the municipality to the roads located within that subdivision; and WHEREAS, the City Council hereby finds that it would be in the best interests of the city, generally, to extend such traffic rules to apply to the roads in said subdivision; and WHEREAS, the City Council further finds that the following ordinance provisions promote the health, safety, and generai welfare of the citizens of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS. THAT: SECTION 1. The following specified traffic rules that apply to public streets in the City of Euless are hereby extended by this ordinance to the streets located within the Estates at Bear Creek subdivision in the City of Euless (hereinafter "the Subdivision ") and shown within "Exhibit A." SECTION 2. The City Council hereby finds that this ordinance is in the interest of the City of Euless, generally. SECTION 3. A condition of extending such traffic rules, the City Council hereby requires that owners of property in the subdivision shall pay all or part of the costs of extending and enforcing the traffic rules in said subdivision, including the costs associated with the placement of necessary official traffic control devices. The City Council shall consult with the Euless Police Department to determine the cost of enforcing traffic rules in this subdivision. SECTION 4. On the effective date of this ordinance, the private roads located in the subdivision are considered to be public highways or streets for the purposes of the application and enforcement of the following specified traffic laws which apply to public streets within the city. Without limiting the generality hereof, the following specific traffic rules and regulations are hereby applied to the roads within said subdivision. 1) Failure to yield to an emergency vehicle — Section 545.156. 2) Interfering with emergency vehicles — Section 545.407. 3) Crossing a fire hose — Section 545.408. 4) Regulations governing parking, stopping or standing — Sections 545.302 and 545.303. 5) Removal of unlawfully stopped vehicle — Section 545.305. 6) Passing a school bus — Section 545.066. 7) Driving with expired, wrong or fictitious license plates or registration insignia Sections 502.407 and 502.409. Ordinance No. 2093, Page 2 of 5 8) Driving without a driver's license, or with and expired, suspended or revoked license — Sections 521.021, 521.451, 521.457. 9) Failure to maintain financial responsibility (no insurance) — Sections 601.191, 601.195. 10)Failure to comply with a lawful order of a police officer — Section 542.501 11)Maximum speed requirement — Section 545.351. SECTION 5. Section 82 -68 "City rules applicable to certain subdivision roads" Paragraph (d) is hereby amended with the addition of the subdivision name "Estates at Bear Creek." SECTION 6. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 7. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases 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, or 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. SECTION 8. SAVINGS CLAUSE. Chapter 82 of the Code of Ordinances, City of Euless, Texas. as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 9. PENALTY CLAUSE. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1 -12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Ordinance No. 2093, Page 3 of 5 SECTION 10. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION 11. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on November 10, 2015, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: ATTEST: 1,/L �, Kim,Sutter, TRMC, City Secretary APPROVED AS TO FORM: (a 04- Wayne K. Olson, City Attorney Ordinance No. 2093, Page 4 of 5 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 336025951 FORT WORTH,TX 76102 Invoice Date: 11/14/2015 (817)390-7761 Federal Tax ID 26-2674582 e SO Terms: Net due in 21 days REQUISITION ue Date: 11/30/2015 Bill To: O Number: CITY OF EULESS ACCOUNTS PAYABL NOV 3 0 2015 $I' rder 201 N ECTOR DR Number: 33602595 EULESS, TX 76039-3543 ales Rep: 073 REQUESTED escription: CITY OF EULESS O • Publication Dates:l1/13/2015 - 11/14/201 Attn:Attn: ACCOUNTS .PAYABLE Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO.2 I358(1 I NI 61) LINE ',1).;4 $40.80 CITY OF EULESS IVI $5.00 ISC Fee ORDINANCE NO. 2093 AN ORDINANCE EXTENDING CER- TAIN SPECIFIED TRAFFIC RULES THAT APPLY TO ROADS OWNED BY THE CITY OF EULESS, TEXAS, TO THE ROADS IN THE"ESTATES AT BEAR CREEK"SUBDIVISION ON Net Amount: $45.80 PETITION BY THE GOVERNING BODY OF THE ENTITY THAT MAINTAINS THE ROADS IN SAID SUBDIVISION; AMENDING CHAP- TER 82 "TRAFFIC AND MOTOR [RECEIVE D VEHICLES" OF THE CITY OF EU- LESS, TEXAS CODE OF ORDI- NANCES THROUGH THE ADDITION OF APPLICABLE SUBDIVISION; FINDING THAT THIS ORDINANCE NOV 3 0 2015 "��."- DEBORAH JEAN BAYLOR IS IN THE INTEREST OF THE CITY s,. .Ni'% So.• %' OF EULESS, GENERALLY; SPECT- a NOtdfy Public,Store of t6xOS FYING THE REQUESTED RULES TO '`. c My Commission Expires BE EXTENDED TO THE ROADS IN CITY OF EULESS +'• ••'':,. October 29, 2019 THE NAV SAID SUBDIVISION; ALLOWING FINANCE DEPT. ' M.,1>`;f°' THE CITY TO REQUIRE THAT Coun0 Ta. OWNERS OF PROPERTY IN SAID f SION PAY ALL OR PART OFT HE SUDIV(COST OF EXTENDING AND ENFORCING THE TRAFFIC RULES - TO SAID SUBDIVISION,INCLUDING Before me,a COSTSMENA OOCIATED ATEDSARY WITH unty and State, this day personally appeared Christy Holland,Bids e'Legal.Coordinator OF- FICIAL TRAFFIC CONTROL DEVIC- for the Star ES ALLOWING FOR THE PLACE-Telegram,Inc.at Fort Worth,in Tarrant County,Texas:and who after being u sworn, MINT OF NECESSARY TRAFFIC CONTROL DEVICES; PROVIDING did depose ani THAT THIS ORDINANCE SHALL BE f advertisement was published in the above named paper on the listed dates: CUMULATIVE OF ALL ORDI- BIDS C4'LE( NANCES ABILITY;CLAUPROVIDINGSE; PROVA IDINSEVER-GA '/ 399-7°37 SUBSCR.IBLD AND S`�SW: •NCO BEFORE ME, ' SAVING CLAUSE; PROVIDING A 2OIS �' PENALTY CLAUSE; PROVIDING .; THI S D� C FOR PUBLICATION; AND PROVID- / • ING AN EFFECTIVE DATE. / EFFECTIVE DATE. This ordinance shall be in full force and effect Signed , ��-� from and after its passage, as ' provided by the Euless City Charter PRESENTED ofState and the laws the of Xas.ON FIRST AND FINAL READING at a regular meeting of the Euless City v Council on November 10, 2015 by a vote of 7 ayes, 0 nays, and 0 NOTARYTUBLIC C't ThankY abstentions. /s/Linda Martin, Mayor _____- _ _ATTEST: /s/APPROVEDKim tASTTO FORM Secretary /s/Wayne K Olson, City Atcorney Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 336025951 Invoice Amount: $45.80 PO Number: Amount Enclosed: $ 011. I