CITY OF NEW BRAUNFELS, TEXAS ~-,City of REGULAR CITY COUNCIL MEETING ~-..New Braunfels CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE MONDAY, AUGUST 24, 2009 at 6:00P.M. R. Bruce Boyer, Mayor Sandy Nolte, Councilmember (District 4) Richard Zapata, Councilmember (District 1) Kathleen Krueger, Mayor Pro Tern (District 5) Mark Goodner, Councilmember (District 2) Steven Digges, Councilmember (District 6) Mike Ybarra, Councilmember (District 3) Michael Morrison, City Manager MISSION STATEMENT The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging Community involvement and being responsive to those we serve. ADDENDUM CALL TO ORDER: August 24, 2009@ 6:00 P.M. 3. CONSENT AGENDA (C) Approval of a resolution to enforce the prohibition of an operator from using a wireless communication device in a school crossing zone; approving the posting of required signs; and declaring an effective date. (A. Wayland, City Attorney) (D) Approval of a resolution authorizing the City Manager to enter into an agreement with the State of Texas, represented by the Texas Department of Transportation, to accept funding available under the Texas Traffic Program's Selective Traffic Enforcement Program (STEP). (R. Everett, Police Chief) CERTIFICATION I hereby certify the above Notice of Addendum was posted on the Bulletin Board at the New Braunfels Munici on August 21, 2009 at 10:00 a.m. ~ttSii;~~ eputYCity Secretary NOTE: Pe who plan to attend this meeting and who may need auxiliary reters for persons who are deaf or hearing impaired, readers, or large print, are to contact the City Secretary's Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made. ~,Cityof ~-.New Braunfels City Council Agenda Item Report August 24, 2009 Agenda Item No. 3-C Presenter/Contact -Alan C. Wayland, City Attorney (830) 221-4280 [email protected] SuBJECT: Approval of a resolution to enforce the prohibition of an operator from using a wireless communication device in a school crossing zone; approving the posting of required signs; and declaring an effective date. 8ACKGROUND/RATIONALE: This past legislative session, HB 55 passed which relates to an offense of using a wireless communication device while operating a motor vehicle. To enforce the state law, a municipality, county, or other political subdivision that enforces this provision, must post signs at the entrance to each school crossing zone in the city, county, or political subdivision. The Texas Department of Transportation has asked whether the City wishes to enforce the law, and if so, they will post the appropriate signage on the state highway systems. The City will be responsible for posting required signage at all other school crossing zones. Local schools begin their fall session August 24, 2009. HB 55 is effective September 1, 2009. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: -1 N/A Yes I City Plan/Council Priority: I FISCAL IMPACT: City staff has estimated that sixty-five signs are needed at a cost of $98.16 per sign, for a total cost of $6,380.40. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the Resolution. Page 1 of 1 RESOLUTION NO. 2009- __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS TO ENFORCE THE PROHIBITION OF AN OPERATOR FROM USING A WIRELESS COMMUNICATION DEVICE IN A SCHOOL CROSSING ZONE; APPROVING THE POSTING OF REQUIRED SIGNS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, House Bill 55, prohibits the operator of a motor vehicle from using a wireless communication device in school crossing zones, unless the wireless communication device is used with a hands-free device. In order to promote state wide uniformity, House Bill 55 pre-empts all existing city ordinances state-wide; and WHEREAS, House Bill 55 requires that an enforcing authority post signs at the entrance to school crossing zones. The required signage must be posted immediately below the school zone speed limit sign indicating that use of cell phones are prohibited; and WHEREAS, The Texas Department of Transportation (TxDOT) has indicated a willingness to place the required signs on the state highway system roadways within the City of New Braunfels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: Section 1: The prohibition on the use by an operator of wireless communication device in a school crossing zone, Texas Transportation Code §545.425, is hereby adopted. Section 2: Prior to enforcement, the required TxDOT approved signs must be posted at the entrances to the school crossing zone. Section 3: The City Manager shall be responsible for posting required signage or executing all documents necessary to allow placement of signs by TxDOT on state highway system roadways. Section 4: The findings of fact, recitations and provisions set out in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein. Section 5: That this Resolution shall be in full force and effect from and after its passage, and in accordance with HB 55, 81 st Legislature Regular Session. PASSED AND APPROVED this the 24th day of August, 2009. CITY OF NEW BRAUNFELS, TEXAS R. Bruce Boyer, Mayor ATTEST: Michael A. Resendez, City Secretary I Texas Department of Transportation P.O. BOX 29928 • SAN ANTONI,. rrvAs 78229-0928 • (210) 615-1110 New Braunfels Area 0;. 4102 IH 35 South New Bratmfels, Texas 781 3 ... (830) 609-0707 FAX (830) 620-1916 August 3, 2009 Honorable R. Bruce Boyer Mayor, City of New Braunfels P.O. Box 311747 New Braunfels, Texas 78130 Mayor Boyer: HB 55, which becomes eftcctive September l, 2009, states "A municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision". In accordance with HB 55, 81 st Legislature, Txno·r has adopted the "Cell Phone Use Prohibited-Up To $200 Fine" (S7-lT) sign. A detail is attached. The signs details can be found in the Standard Highway Sign Design Manual (SHSD), which can be found at the to !lowing web address: htm:l/}yww.txdot.gov/txdot lib..r.~u:y/1ml2Hs;_ations/highwav signs.htm As required, the "Cell Phone Use Prohibited-Up To $200 Fine" (S7 ~ 1T) sign shall be posted below the School Speed Limit (S5-l) sign. If you wish to enforce this law on the state highway system, please indicate such by signing in the provided space below. If you intend to enforce this law on the state highway system, TxDOT will post the S7 -1 T sign in the appropriate I cations. Thank you for yom· assistance. Attachment ····- ······················--···~-- ·----··-······-···-····------- Honorable R. Bruce Boyer An Equal Opportunity Employer J A L J I I ~r- /:; ~ E ELL PHONE F c - - G D ------ USE F 8 G PROHIBITED F G UP TO $200 FINE H E _..._I~ / S7-1T A B c D E F G H J SPEED 24 18 .375 .625 2 3C 1 2C 1.5 LIMIT 36 18 .375 .625 2 3C 1 2C 1.5 20 48 36 .75 1.25 4 5C 3 4C 3 WHEN FLASHING CELL PHONE COLORS: LEGEND • BLACK USE BACKGROUND· WHITE (RETROREFLECTIVE) PROHIBITED UP TO $200 TEXAS SIGN 5-18 H.B. No. 55 1 AN ACT 2 relating to an offense of using a wireless communication device 3 while operating a motor vehicle. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Section 545.425, Transportation Code, is amended 6 to read as follows: 7 Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE 8 [~¥ CKR'±'AHl MO'±'ORHi'±'~]. (a) In this section: 9 ( 1) "Hands-free device" means speakerphone capability 10 or a telephone attachment or other piece of equipment, regardless 11 of whether permanently installed in the motor vehicle, that allows 12 use of the wireless communication device without use of either of 13 the operator's hands. 14 (2) "Wireless communication device" means a device 15 that uses a commercial mobile service, as defined by 47 U.S.C. 16 Section 332. 17 (b) Except as provided by Subsection (c), an operator may 18 not use a wireless communication device while operating a motor 19 vehicle within a school crossing zone, as defined by Section 20 541.302, Transportation Code, unless: 21 ( 1) the vehicle is stopped; or 22 (2) the wireless communication device is used with a 23 hands-free device. 24 (b-1) A municipality, county, or other political 1 H.B. No. 55 1 subdivision that enforces this section shall post a sign that 2 complies with the standards described by this subsection at the 3 entrance to each school crossing zone in the municipality, county, 4 or other political subdivision. The department shall adopt 5 standards that: 6 (1) allow for a sign required to be posted under this 7 subsection to be attached to an existing sign at a minimal cost; and 8 (2) require that a sign required to be posted under 9 this subsection inform an operator that: 10 (A) the use of a wireless communication device is 11 prohibited in the school crossing zone; and 12 (B) the operator is subject to a fine if the 13 operator uses a wireless communication device in the school 14 crossing zone. 15 (c) An operator [A ~erosa] may not use a wireless 16 communication device while operating a passenger bus with a minor 17 passenger on the bus unless [enee~t ia ease sf emergeaey sr if] the 18 passenger bus is stopped [aot ia motioa].