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Ord. 1388 2009-09-29ORDINANCE NO. 1388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF §545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (KIRBY DRIVE BETWEEN SHADOW CREEK PARKWAY AND BELTWAY 8), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. WHEREAS, §545.356,Texas Transportation Code, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street of highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an Ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street of highway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of §545.356, Texas Transportation Code, the prima facie speed limits, attached hereto and incorporated as Exhibit "A", is hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof. ORDINANCE NO. 1388 Section 2. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200). Section 3. Savings. All rights and remedies which have accrued in favor of the City underthis Chapter and amendments thereto shall be and are preserved forthe 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. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. 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. Section 7. Declaration of Emergency. The Council finds and determines that vehicle speed 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 2 ORDINANCE NO. 1388 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. PASSED and APPROVED on First and Only Reading this the 28th day of September, A.D., 2009. ATTEST: TO I D MAYOR VOTING RECORD FIRST AND READING SEPTEMBER 28, 2009 Voting "Aye" - Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. ~~~ ~ V ~ DARRIN M. COKER CITY ATTORNEY Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: September 30, 2009 EFFECTIVE DATE: October 9, 2009 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 3 APPROVED AS TO FORM: Exhibit "A" Ordinance No. 1388 ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAFFIC POLICY AND AMENDING 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. BE IT ORDAINED BY 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 Controi Devices, of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "Section 29-206. General powers. The City Manager or his designee, utilizing the City's Traffic Policy, shall place and maintain traffic-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 accordance with the Texas Manual on Uniform Traffic Control Devices. ORDINANCE NO. 1301 Section 3. 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 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 25`h day of September, A.D., 2006. T EID MAYOR ATTEST: Y NG ,T C Y SE ETARY APPROVED AS TO FORM: ~~ DARRIN M. COKER CITY ATTORNEY 2 ORDINANCE NO. 1301 PASSED and APPROVED ON SECOND AND FINAL READING this the 9~h day of October, A. D., 2006. TOM EID MAYOR ATTEST: UNG I G, MC TY S RETAR 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 and procedures. All actions taken under 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 Peazland. 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 making 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 crosswalks • Requests for children at play signage • Requests for other advisory or advanced warning signage • Requests to limit speeding • Requests to lower posted speed limits • 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 aze 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 Duector; 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 initiating 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 an informed decision. • Implement or adjust times for school zones as requested by an Independent 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 azea conditions or traffic characteristics. If a traffic control issue is remedial (missing sign, faded pavement legends, traffic signal malfunction, burned 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 initiating party of his 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, alignment 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 chazacteristics applicable to the initiating 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 street fora 24-hour or longer period. e) Diagram and review the chazacteristics of all police-investigated accidents occurring at the 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 traflic study data is compiled into a statistical format and applied to recognize engineering warrants, criteria and standards. Warrants, 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 similaz locations to successfully resolve traffic issues. • Traffic Report Upon completion of the traffic study, City engineering staff for presentation will prepaze 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, modify 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. IV. 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 Work 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. APPENDIX I: TRAFFIC PROCEDURE Staff will work with the requesting party to fully understand the nature 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. NOTE: 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 determine the affected area. No Parking Requests: • 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 azea defined mutually by the Traffic Review Committee and the requesting party, 100% of the affected property owners must sign the petition. • To reverse a portion or all of a No-Pazking 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 on 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 azea 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 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. • Crosswalks 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 Committee 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 sign(s). The requesting party will be informed that it is City policy to install advisory or advanced warning signs only in accordance with the Texas Manual on Uniform Traffic Control devices, latest edition. The Traffic Review Committee 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 similaz 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 similaz 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 hour per Texas State Law or City Ordinance. • A speed study will be performed to determine the 85~' 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 Peazland 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 aze 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 Peazland has an existing Traffic Calming Policy (see attached). Traffic Calming issues should be processed in accordance to the Traffic Calming Policy. Appendix II -Traffic Review Procedure Traffic Issue Presented to City Staff (any dept} Can Issue be Yes Addressed With Increased Address Issue Enforcement ? With Increased Enforcement. No Can Issue be Addressed with Non-Regulatory Signage or Ctrinina? No Apply Yes Is Issue Traffic Addressed in Procedure Traffic Procedure? Address Issue Yes With Non- Regulatory Device. No Forward to City Engineer Does Issue Require Engineering Study? No Committee Reviews Issue and Forwards to Traffic Director with Recommendation Does Issue Meet Existing Criteria for Corrective Yes _~ City Engineer Coordinates Traffic Engineering Study ~ --