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Home My WebLink AboutOrdinance 22376-08-2016 ORDINANCE NO. 22376-08-2016 AN ORDINANCE AMENDING SECTION 22-115, "COMMERCIAL DELIVERY ROUTE STREETS DESIGNATED" OF CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC" TO REMOVE A PORTION OF SYLVANIA AVENUE BETWEEN NE 28TH STREET AND BELKNAP STREET AS A COMMERCIAL DELIVERY ROUTE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 22-115, "Commercial Delivery Route Streets Designated" of Chapter 22, "Motor Vehicles and Traffic" be amended to remove that portion of Sylvania Avenue between NE 28th Street and Belknap Street as a commercial delivery route to read in part as follows: COMMERCIAL DELIVERY ROUTES Name of Street Limits Sylvania Avenue From Meacham Boulevard south to NE 28th Street and from Belknap Street to Riverside Drive (excluding that area between NE 28th Street and Belknap Street). SECTION 2. All provisions of Section 22-115 shall remain in full force and effect without change, except as expressly amended herein. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which the event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 unconstitutional by the valid Ordinance No. 22376-08-2016 Pagel of 2 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and section 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, clause, sentence, paragraph or section. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provisions of this ordinance is committed, continued or permitted and each violation shall be punishable by a fine not to exceed Five Hundred Dollars ($500 00). SECTION 7. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: B — Sarah F lenwider, City Attorney Mary J. Kay r, C Secretary Adopted:. August 30, 2016 Effective: ` DeQ m bu-R_ 1 Ordinance No.22376-08-2016 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/30/2016 - Ordinance No. 22376-08-2016 DATE: Tuesday, August 30, 2016 REFERENCE NO.: C-27894 LOG NAME: 12SYLVANIA COMM DEL ROUTE SUBJECT: Adopt Ordinance Amending Section 22-115, "Commercial Delivery Route Streets Designated" of Chapter 22, "Motor Vehicles and Traffic" to Remove a Portion of Sylvania Avenue Between NE 28th Street and Belknap Street as a Commercial Delivery Route (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council adopt Ordinance Amending Section 22-115, "Commercial Delivery Route Streets Designated" of Chapter 22, "Motor Vehicles and Traffic"to remove a portion of Sylvania Avenue between NE 28th Street and Belknap Street as a commercial delivery route. DISCUSSION: Truck and commercial delivery routes on highways and major city streets are designed to facilitate truck traffic in the city and to assist in minimizing truck traffic through residential areas and on streets not capable of supporting heavy repetitive loading. The current comprehensive truck and commercial delivery route ordinance was last adopted in August of 1994. Due to the construction of new roadways and the reconstruction or deterioration of some existing streets, the Transportation and Public Works Department is currently conducting a global review of truck routes which is expected to be completed and presented to the City Council in the Fall. Once approved by the City Council, the new truck route map will be prepared and distributed to appropriate businesses and trucking organizations. Currently, Sylvania Avenue, from Meacham Boulevard south to Riverside Drive is designated a commercial delivery route. Due to the reconstruction of 1-35, the area between NE 28th Street and Belknap Street has seen a marked increase in truck traffic, which is impacting the neighborhood and businesses in the area. Residents and business owners have contacted the City requesting that this portion of Sylvania Avenue be removed as a commercial delivery route in order to minimize the number and size of trucks using this road to avoid delays on 1-35. The Transportation and Public Works Department agrees that this portion of Sylvania Avenue should be removed as a commercial delivery route. Adoption of the attached ordinance will remove the portion of Sylvania Avenue between NE 28th Street and Belknap Street as a commercial delivery route, as referenced in the attached map. This project is located in COUNCIL DISTRICT 9. This M&C does not request approval of a contract with a business entity. Logname: 12SYLVANIA COMM DEL ROUTE Page 1 of 2 FISCAL iNFORI'r'iATION / CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO 'Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project IlProg ctivity Budget Reference # moun ID ID II Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (6116) Originating Department Head: Sarah J. Fullenwider (7606) Additional Information Contact: Judy L. Lacker (8006) Logname: 12SYLVANIA COMM DEL ROUTE Page 2 of 2 IA IA IA a, a, H i E ; d v C 0 p u t V V IA p CL p E E 00. p E E ° a Lam. �° C9 u u > .cu MEW AF D 1 0 - 3 E E '. to c- o - 0 OJUBAJAS`N E AL " �j + a A'alft