HomeMy WebLinkAbout1640 04-27-2004ORDINANCE NO. 1640
AN ORDINANCE EXTENDING CERTAIN, SPECIFIED TRAFFIC RULES
THAT APPLY TO ROADS OWNED BY THE CITY OF EULESS, TEXAS, TO
THE ROADS IN THE "THE LANDING AT EDEN LAKE ADDITION" ON
PETITION BY THE GOVERNING BODY OF THE ENTITY THAT
MAINTAINS THE ROADS IN SAID 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 PLACEMENT OF
NECESSARY TRAFFIC CONTROL DEVICES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND 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 of the City of Euless, Texas, has received a petition
from the governing body of the Homeowner's Association (HOA) that maintains the roads
within The Landing at Eden Lake, 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 of the City of Euless 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 of the City of Euless, Texas, further finds that the
following ordinance provisions promote the health, safety and general welfare of the
citizens of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I
THAT 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 Landing
at Eden Lake Addition to the City of Euless (hereinafter "the Subdivision ").
SECTION II
THAT the City Council hereby finds that this ordinance is in the interest of the City
of Euless, generally.
SECTION III
THAT as 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 IV
THAT 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.
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,
8. Driving without a driver's license, or with an expired, suspended or revoked
license --- Sections 521.021, 521.451, 521.457.
Ordinance No. 1640. Pase 2 of 3
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.
SECTION V
Severability Clause. That it is hereby declared to be the intention of the City
Council 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 invalid or unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION VI
Saving Clause. That 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 VII
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the State
of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of
the Euless City Council on the 27th day of April, 2004, by a vote of 7 ayes, 0
nays, and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
r
Mary Lila' aleh, Mayors b McFar an , City Attorney
ATTEST:
us n Crim, MC, City Secretary
Ordinance No. 1640. Pace 3 of 3