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Ord. 1380 2009-02-09ORDINANCE NO. 1380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING TH E PLACEMENT OF TRAFFIC SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH TRAFFIC SIGNS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, the Transportation Code provides, in part, that local authorities may, with reference to highways under their jurisdiction, erect appropriate traffic signage; and WHEREAS, a warrant analysis for certain traffic signage in the City has been prepared; and WHEREAS, based on the available data, the installation of certain traffic signage is warranted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, the placement of traffic signs in accordance with Exhibit "A" attached hereto and incorporated for all purposes, is hereby approved. Section 2. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars (5200.00). ORDINANCE NO. 1380 Section 3. Declaration of Emergency. The Council finds and determines that the need to establish traffic signage inures to the benefit of the traveling public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 7. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. 2 ORDINANCE NO. 1380 Section 8. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on First and Only Reading this the 9ih day of February, A.D., 2009. TOM REID MAYOR ATTEST: VOTING RECORD FIRST AND ONLY READING FEBRUARY 9, 2009 "~p,~{~q '" Voting "Aye" - Councilmembers Owens, Saboe, Beckman, `~~~ /I/Q~``' Kyle, and Cole. Y NG L , T MC ~- ,~ CI SEC TARY ~:~'' it''>~ Voting "No"- None. " " Motion passed 5 to 0. APPROVED AS TO FORM: PUBLICATION DATE: February 11, 2009 EFFECTIVE DATE: February 20, 2009 `~4~..-- `~ "'-"'- PUBLISHED AS REQUIRED BY SECTION 3.10 OF DARRIN M. COKER THE CHARTER OF THE CITY OF PEARLAND, TEXAS CITY ATTORNEY 3 Exhibit "A" Ordinance No. 1380 ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY COUNCIL ©F THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAFFIC POLICY AND AMENDBNG SECTION 29-206 OF CHAPTER 29, ARTICLE XI, TRAFFIC CONTROL DEVICES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION. ®E IT ORDAINED E3Y THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City of Pearland Traffic Policy, attached hereto as Exhibit "A", is hereby adopted. Section 2. That Chapter 29, Article XI, Traffic Confrol Devices, of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "Section 29-206. General powers. The Gity Manager or his designee, utilizing the City's Traffic Policy, shall place and maintain traffio-control signs, signals and devices when and as required under this chapter to make effective the provisions of this chapter, and may place and maintain such additional traffic-control devices as deemed necessary to regulate traffic under this chapter or state law or to guide or warn traffic. It shall be the duty of the City Manager or his designee to ensure that any decision pursuant to this Section is made in accordahce with the Texas Manual . on Uniform Traffic Contro! Devices. r ORI~6NANCE ICI®. 1301 Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendmehts thereto shall be and are preserved for the benefit of the City Section 4. Severability. if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. PASSED and APPROVED ON FIRST READING this the 25th day of September, A.D., 2006. TO REID MAYOR ATTEST: ~y _ Y NGL ,T C Y SE ETARY APPROVED AS TO FORM: ti~GL-~ C~ARRIN M. COKER CITY ATTORNEY 2 ORDINANCE NO. 1301 PASSED and .APPROVED ON SECOND AND FINAL READING this the 9th day of October, A. D., 2006. U~n~ TOM REID MAYOR ATTEST: C' r ' UNG I G, MC TY S RETARY APPROVED AS TO FORM: ~~~ ~ DARRIN M. COKER CITY ATTORNEY 3 Exhibit "A" Ordinance No.1301 City of Pearland Traffic Policy The City of Pearland has adopted these policies and procedures to provide a uniform methodology to address and mitigate unacceptable traffic conditions on the city's public streets. Communication, cooperation and involvement in fostering consensus in the identification of traffic-related issues and their resolution are an integral component of these policies acid procedures. All actions taken raider this policy should be in accordance with the Texas Manual on Uniform Traffic Control Devices. This policy applies only to streets controlled by the City of Pearland. Issues involving streets controlled by the State of Texas will be coordinated through the City Engineer's office. I. TRAFFIC REVIEW COMMITTEE The City Manager shall appoint a City Traffic Review Committee comprised of the Traffic Director, Chief of Police, City Engineer, and Director of Public Works or their designee. The Traffic Review Committee shall serve as a decision snaking body for issues falling under the Traffic Procedure (Appendix I). These include: • Requests for no parking along certain residential streets • Requests to limit cut through traffic • Requests for crosswallcs • Requests for children at play signage • Requests for other advisory or advanced warning signage • Requests to limit speeding • Requests to lower posted speed linuts • Requests for stop signs • Requests for traffic signals . • Requests for traffic calming devices The Committee shall serve as an advisory body to the City Council for issues that do not fall under the Traffic Procedure. These include, but are not limited to, requests for right- turn or left-turn lanes, u-turns, Hazardous Materials Routes, and Evacuation Routes. The.functions of the Traffic Review Committee shall include the following: • Review all traffic engineering studies, analysis and reports relative to requests for traffic control devices or actions. • Determine, based on the Traffic Procedure, if requests for traffic control devices or actions meet the minimum warrant,. criteria or standards of the City for implementation of the requested device(s) or action(s). • Make recommendation to the Traffic Director for consideration of those requests for traffic control devices or actions that fall under the Traffic Procedure; the Traffic Director will determine whether each request can. be handled at the staff level, or should be sent to City Council for review. • Notify the party initiating the request that: • the request has been approved by the Traffic Review Committee and will be recommended to the Traffic Director; or, • the request has not met the city's warrants, criteria or standards for the requested traffic control device or action and has been denied by the Traffic Review Committee. The staff report justifying the Traffic Review Committee's denial will be attached to the notice to the intiating party. Staff will also communicate that the initiating party may appeal any request denied by the Traffic Review Committee to City Council within fifteen (15) days of the Traffic Review Committee action. • In cases that do not fall under the Traffic Procedure, complete the necessary studies, analysis, and reports to provide the Traffic Director and City Council with sufficient information to make aii informed decision. • Implement or adjust times for school zones as requested by an Ilidependent School District. The procedure for intake, routing, and tracking traffic issues and concerns is represented by the flowchart in Appendix II. • I:[. INITIATING A TRAFFIC ENGINEERING STUDY The City Engineer may conduct a Traffic Engineering Study ("traffic study") on a street or intersection when: • City staff has been contacted and advised of a traffic problem or dangerous condition. To maintain a chain of communication, the initiating party may be asked to submit the request in brief, written form. A petition to initiate a conventional traffic study will not normally be required. • City Council has directed staff to address a traffic issue. • Another agency requests the City's participation in a cooperative traffic study. • City staff initiates a traffic study. All Traffic Engineering Studies should be coordinated by the City engineer. If an issue surrounding the consideration of implementation of a traffic control device or similar action has been addressed by a prior traffic study, the initiating party will be advised of the results of the previous study and that no further action will be taken by City staff on the issue unless or until there has been a recognizable change in area conditions or traffic characteristics. If a traffic control issue is remedial (missing sign, faded pavement legends, traffic signal malfunction, bunted out street light etc.), or regarding parking restrictions, or the need for more signs or striping for traffic calming or information; then the Director of Public Works may take the appropriate corrective action, advise the uutiating party of lus action and place a memorandum in the Traffic Database describing the corrective action. The City Engineer may decline to conduct a traffic study if: • Any requested action is in conflict with laws of the State of Texas or other similar City policy. • Any requested action has been the subject of a prior traffic study. Any requested action is not directly related to traffic and transportation engineering practices. Any requested action, as determined by the Traffic Review Committee, does not represent the best interest of the City. III. TRAFFIC ENGINEERING STUDY The traffic study is a five part procedure and may, depending upon the nature of the issue, evaluate: • Street Characteristics The traffic study will review the existing street or intersection characteristics to include: a) Street width, improvements, al bamnent and lighting. b) Existing traffic control. c) Sight distance restraints, if applicable. d) Development and access characteristics. • Traffic Characteristics The traffic study will measure traffic characteristics applicable to the intiating request, which may include any or all of the following: a) Directional 24-hour weekday traffic counts (mechanical). b) Directional weekday peak Hour vehicle and pedestrian counts (manual). c) Directional "through" traffic surveys. d) Directional weekday peak hour radar speed zone surveys or 24-hour Speed Profiles. The radar survey will generally measure the speeds of 100 samples. The Speed Profile will .measure the speed of all vehicles on the study st1•eet fora 24-hour or longer period. e) Diagram and review the characteristics of all police-investigated accidents occurring at flee study location fora 1-3 year period. f) Traffic composition surveys (i.e.: commercial vehicle by number of ,axles vs. conventional passenger vehicles). • Data Evaluation The traffic study data is compiled into a statistical format and applied to recognize engineering warrants, criteria and standards. VJarrants, criteria and standards are not considered "absolutes" in the determination of traffic control need but are intended to provide guidelines, in conjunction with engineering judgment for the Traffic Director, Traffic Review Committee and the City Council to compare the conditions at a study location with those conditions that have necessitated traffic control installations at other similar locations to .successfully resolve traffic issues. • Traffic Report Upon completion of the traffic study, City engineering staff for presentation will prepare a report to the Traffic Review Committee. The initiating party will be provided a copy of the staff report. If the Traffic Review Committee's recommendation is to approve the implementation of a traffic control device, that recommendation will be presented to the Traffic Director for consideration. The Traffic Director may take the following actions upon consideration of the Traffic Review Committee's recommendation: 1. Approve, riiodify or deny the staff recommendation, 2. Continue the item for further deliberations or citizen input; or, 3. Return the issue to staff for additional analysis or alternatives. I'V. IMPLEMENTATION OF A TRAFFIC CONTROL DEVICE Upon the Traffic Director's request to install a traffic control device, the City Engineer will direct the appropriate department, agency or contractor for the traffic control device installation. A copy of the executed Worlc Order will become a part of the project file. The Traffic Director may deviate from the traffic engineering policy and procedures by stating specific grounds by which to substantiate the reason(s) for the deviation. APPENI3IX I: TRAFFIC PR®CEI3iJRE Staff will work with the requesting party to fully understand the nattue of the traffic issue and will apply one of the following subset procedures as needed. Each subset procedure shall be performed and implemented if warranted in accordance with the Texas Manual on Uniform Traffic Control devices, latest edition, the City's Designs Standards, City Ordinances and the Highway Capacity Manual, latest edition. In all cases, staff will maintain communication with the requesting party throughout the process, and inform all affected property owners of any pending changes. The City Engineer shall post details of proposed changes, as well as any Traffic Engineering Studies ordered, on the City website during the review period. 1WOTE: For No Parking Requests and Cut-Through Traffic Requests, "affected property owners" shall include all homes whose front, rear, or side yard adjoins the street or alley segment in question, as well as houses that adjoin streets onto which traffic may be diverted as a result of any proposed change. In each case, the City Engineer will review the request and deterniine the affected area. 1`do Parking Requests: J • In order to implement a No Parking zone along a street, the originator of the request will be responsible for obtaining a written consensus by petition of all of the affected property owners contained within the defined area. Within the subject area defined mutually by the Traffic Review Committee and the requesting parry, 100% of the affected property owners must sign the petition. • To reverse a portion or all of a No-Parking zone along a street, 75% percent of the affected property owners must sign a petition as implemented through these policy guidelines. • "No Parking" signs will be~posted by the entire street, block or logical termination point as determined by the Traffic Review Committee and the requesting party. Other advisory or advanced warning signs will be placed as dictated by sound common engineering practice or the Texas Manual ou Uniform Traffic Control ,devices; latest edition. • All No-Parking zone applications shall be thoroughly reviewed by the Public Works. Department after a period of two full years from the date of. implementation. The No-Parking zone shall remain in effect unless a compelling safety reason is discovered. Cut Through Traffic Requests: • In order to implement a plan which limits cut through traffic, the originator of the request will be responsible for obtaining a written consensus by petition of all property owners contained within the defined area. Within the subject area defined mutually by the Traffic Review Committee and the requesting party, 75% of the affected property owners must sign the petition. • To reverse any portion or all of a plan which limits cut through traffic, 75% of the affected property owners must sign a petition as implemented through these policy guidelines. Requests for Crosswalks: • The Public Works Department will communicate with the requesting party to fully understand their request and thoroughly define the requested location(s) for the crosswalk. • The Traffic Review Committee will study the requested location and perform a crosswalk analysis which nicludes volume of pedestrian taff c, proximity of the. subject location to schools, parks, swiriuning pools, retail centers, hike and bike facilities, vehcular haffic volume, etc. • Crosswallcs shall not be placed in the middle of a block. • Crosswalks shall not be placed at uncontrolled intersections; meaning those without existing stop signs or traffic signals. Requests for Children at Play Signs: Staff will communicate with the requesting party to fully understand their request and thoroughly define the requested location(s) for the sign(s). The requesting party will be informed that Children at Play signs will not be installed at any locations other than those directly adjacent to a public park or public swimming pools. The Traffic Review Convnittee will study the requested location and perform an advisory sign analysis which includes volume of pedestrian traffic, proximity of the subject location to schools, parks, swimming pools, retail centers, hike and bike facilities, vehicular traffic volume, etc. Children at play signs shall only be placed at locations adjacent to public parks or public swimming pools. Requests for Other Advisory or Advanced Warning Signs: Staff will communicate with the requesting party to fully understand their request and thoroughly define the requested location(s) for the si~i(s). The requesting party will be informed that it is City policy to install advisory or advanced wanting signs only in accordance with the Texas Manual on Uniform Traffic Control devices, latest edition. The Traffic Review Conwuttee will study the requested location and perform an advisory/advanced warning sign analysis which includes volume of pedestrian traffic, proximity of the subject location to schools, parks, swimming pools, retail centers, hike and bike facilities, vehicular traffic volume, etc. Requests to Limit Speeding along Specific City-Controlled Streets: Staff will notify the Police Department and request speed enforcement for the subject area. The requesting party's issue will be entered into the Traffic Database to search for similar complaints in the subject area. If there are more than two similar complaints in less-than one year in the Traffic Database regarding the subject area, the City's speed trailer will be used in addition to the Police Department speed enforcement: If the speed enforcement and speed trailer deployment do not achieve the desired result, the property owner(s) may pursue additional measures using the procedures prescribed in the Traffic Calming Policy (see attached). Requests to Lower the Posted Speed Limit along Specific City-Controlled Streets: • The requesting party's issue will be entered into the Traffic Database to search for similar requests in the subject area. • Under no circumstance shall any street within the incorporated City limits have a speed limit of less than 30 miles per lour per Texas State Law or City Ordinance. • A speed study will be performed to determine the 85`h percentile of speed. This information in conjunction with pedestrian traffic volume, roadway curvature, the number of traffic accidents, sight distance restrictions, etc. will be considered. • Should changes be warranted, the Public Works Department will share the proposed changes with the affected property owners before they are implemented. Requests for Stop Signs or Traffic Signals: • The requesting party's issue will be entered into the Traffic Database to search for similar requests in the subject area. • Afield visit to the subject location will be made to determine if the request is valid and warrants additional study. • Stop signs or traffic signals shall not be installed within the corporate City limits of the City of Pearland unless approved by an authorized warrant analysis. • Stop signs or traffic signals shall not be installed for the purpose of controlling the speed of a roadway as they have been shown to become a hazard at times when installed without warrant. • Implementation of the plan will be in accordance with necessary budget considerations. • Should changes be warranted, the Public Works Department will share the proposed changes with the affected property owners before they are implemented. Requests for Traffic Calming Devices: • Traffic calming is the application of specific devices or strategies to reduce the incidence of excessive speed or excessive traffic volumes on residential streets. • The City of Pearland.has an existing Traffic Calming Policy (see attached). • Traffic Calming issues should be processed in accordance to the Traffic Calming Policy. Appendix II - 7Crafiic Review Procedure Traffic Issue Presented to City Staff (any dept) Can Issue be Addressed With Increased Enforcement No Can Issue be Addressed with Non-Regulatory Signage or Strinin e7 ' No .~ Apply Yes Is Issue Traffic ~ Addressed in Procedure .Traffic Procedure? Does Issue Require Engineering Studv? No Committee Reviews Issue and Forwards to Traffic Director with Recommendation Yes ~- Address• Issue With Increased Enforcement. Address Issue Yes With Non- Regulatory Device. No Forward t0 City Engineer Yes _i City Engineer Coordinates Traffic Engineering Study. Does Issue Meet Existing ('riturio fnr Laserfiche WebLink Laserfiche' WebLink Browse Search Template: Ciry Secretary Type of Document Ordinances Location LF & Fifes Document Date Document Name Project Number Retention Code 1000-05: Permanent Ord. Res. Order Destruction Date Help ~ Logout ~ My WabLink • To reterse mry portimt nr cell of u plan +ehich limiLv cw thmuglr tndiic, ii% of the affected proparty o+~•ncrs must sign n petition as impletuented tluvagh these policy guidclinca. Regttefts for Crosswalks: • The Public ~Vurks Dcparmcnt wi11 communicate 1vith the requestinc pang to full}• wtderstmrd Uteir request and tlwrouyhly dcLne tin requested location{s) for tho crossw•aU:. + The Traffic Review Commiuoc will study ills requested location and perform a crossvallt analysis vvlrich includes volume of pedestrian traffic, proximity of the subject location to schools, pars, sw•immiug pools, retail cztum, hike and bike facilities; vehicular tcafQc volu:nc, clc. • Crossw;ills shall not lY plaid in the middle al'u block. • Ctoss++~lks shall not be placed at uncontrolled intersectlnns; meaning thusr vvithont cxisiln; stop sins or traffic signals Requests fur Chiklrc¢ at Play Signs: • Stuff+vill camrnutuentc with the requesting parry to filly understand their request and ilrorouahly Define the requested location(s) far the sign(s). 'The requesting party will be infamied that C]titdren ar play signs will not be installed nt any locations tether than those drcetly adjacent to n public park or public s+.imminti pools. • The Traffic Rcvicw Committee will study ilre requrstcxl locution and perform an advison• sign mnlysis which includes volume of pcdcstriut traffic, proximity of ifte snbj:ct location to schools, parts, swimming pools, retail centers, hike and hiil:e facilities, vehicular uu0ic +rolume• etc. + Cluldren at piny sighs shall only he placed at locations adjneeut to public parks or puhli c swimming pools. Requests for OthcrAdvisory orAdvanced «rarning Signs: • Staff will canuuunicnn: with the rcyucsling party to full}• u¢dcrstutd their request and thoro~gltl}' dcftnC tI1C tCqucsled location(s) fur the sign(s). The requestii~n party will 1>e infartncd that it is Cily poGey to install advisor}• ar advanced +enrtting sighs only in accotdutce w5tle Ore Texas Manual nn Uniform 'Traffic Control de~•iccs, lmest edition. • Th. Traffic Review Committee will study the ngnustrxl lntation and perform rm advisnryfutivunccd +vanmittg sign analysis which includes volume of pedestrian traflia, proximity of the subject location to schools, parks, stvitnming pools, rtai'. ecrrtCl's, hlln; mtd hike facilities, vehicclur Ir~ffic vohimc, etc. RcqucsLv to Limit Spcoding along Specific Ci[y-Controlled Streets: Page 1 of 1 Powered b/ Lasedlche Webynk version 7.0.5. Laserfiche is a registeretl trademark of Compulink Management Center, Inc. This copy la registered to: Ciry of Pesdand City of Pearlend > City Secretary > Ordinances > All Ordinances > Ord. 1301 2006-10-09