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HomeMy WebLinkAboutResolution No. 2010-004 CITY OF THE COLONY, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE AMENDED SPEED CONTROL HUMP INSTALLATION POLICY, DATED DECEMBER 2009, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council recognizes that it is in the best interest of all concerned to establish a Speed Control Hump Installation Policy; and WHEREAS, the City Council previously adopted a Speed Control Hump Installation Policy on April 4, 2005; and WHEREAS, after careful review, the City Council deems it necessary to make certain amendments to the Speed Control Hump Installation Policy. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Amended Speed Control Hump Installation Policy, dated December 2009, attached hereto and incorporated herein as Exhibit "A", is hereby approved and adopted. Section 2. This Resolution shall become effective immediately from and after its passage. PASSED, APPROVED and EFFECTIVE this 5th day of January, 2010. J e McCo y, 6 Mayor ATTEST: ity of T e Colony, Te s Christie Wilson, City Secretary, APPROVE S TO FO t 1E \~i{ j i Robert E. Hager, Cit Attorney a 1 Speed Control Hump Installation Policy City of The Colony Engineering Department December 2009 Speed Control Hump Policy 1 December 22, 2009 73142 SPEED CONTROL HUMP INSTALLATION POLICY A. GENERAL Speed control humps are an effective and appropriate device for safely reducing vehicle speeds on certain types of streets or alleys when installed in accordance with the provisions of this policy. In order for speed control hump installations to be effective, they should be located selectively in accordance with defined transportation engineering criteria for the purpose of mitigating documented speeding problems. Proper installation will also minimize driver frustration and encourage safe driving practices. This policy promotes reasonable opportunities for residents and property owners most affected by a proposed speed control humps to participate together in the process that leads to its installation. It also provides for a sharing of the speed control humps installation cost between the City and the neighborhood under certain conditions. B. DEFINITIONS The definitions are for the context of this policy only. SPEED CONTROL HUMP is a geometric design feature of a roadway, consisting of a raised area in the roadway pavement surface extending transversely across the travel way, whose primary purpose is to reduce speed of vehicles traveling along that roadway. SPEED refers to the 85th percentile speed. STREET refers to the minimum street length that must be petitioned for the installation of speed control humps. It is a 500-foot segment generally centered on the location of the humps, or the length of the block, whichever is greater. If the 1000-foot segment extends into any part of an adjacent block, it includes the entire length of the adjacent block, unless separated by an intervening thoroughfare, traffic signal or offset intersection. C. ELIGIBILITY REQUIREMENTS All of the following criteria must be satisfied for a street or alley to be considered eligible for the installation of speed control humps. 1. Petition A petition must be submitted which documents that a minimum of three-fourths (75%) of the residential dwellings on the street support the installation of the speed control humps. A minimum of one-half (50%) of the residents on the street must authorize placement of the speed control humps in front of or adjacent to their property. Speed Control Hump Policy 2 December 22, 2009 73142 2. Location Of The Street The adjacent land use along the street where the speed control hump is proposed must be composed primarily of low-density residential dwellings. 3. Operational Characteristics Of The Street a. The street must be used to provide access to abutting low-density residential properties (local residential streets) and/or to collect traffic for such streets (residential collector). b. There must be no more than one moving lane of traffic in each direction. c. Traffic volumes must be more than 500 vehicles per day but less than 5,000 vehicles per day. d. Vehicle speeds must exceed the Speed Criteria of 30 miles per hour (mph). e. The street must not be an identified primary route for emergency vehicles; this refers to a route that is heavily used due to the proximity of the emergency vehicle facility. These routes are determined by the Police and Fire Departments. f. The street must have a speed limit of no more than 30 mph as determined in accordance with State Law. 4. Geometric Characteristics Of The Street a. The street must have adequate sight distances to safely accommodate the hump as determined by the Engineering Department. b. The street must not have curves or grades that prevent safe placement of humps. Humps may not be located on streets that have a vertical grade greater than 5% or on their immediate approaches. c. The street must be paved and be at least 1000-feet in length. If there are no curbs, a special design must be used to prevent vehicle run-arounds. d. The elevation of property adjacent to a hump location must be above the top of curb to minimize potential flooding due to the presence of the hump in the roadway. e. The street must not be scheduled for resurfacing within the next two years. 5. Drainage Considerations Streets and alleys are an integral part of the City's Storm Drainage System. Streets and alleys convey storm waters not contained in underground pipes, channels, swales, etc. Prior to installation of a speed control hump, the City Engineer shall certify that the speed control hump placement will not be Speed Control Hump Policy 3 December 22, 2009 73142 detrimental to the conveyance of storm runoff or cause flooding of adjacent property. 6. Speed Control Humus In Alleys If there are pedestrian safety concerns, City Staff may present to City Council for approval at a public hearing the use of Speed Control Humps in an alley. Residents/property owners using the alley will be notified in advance of the public hearing. If approved by City Council, cost for such Speed Control Hump installation will be the sole responsibility of the City. A COST RESPONSIBILITY The cost for the Speed Control Hump installation on streets (including signs, pavement markings and, if necessary, special design features such as curbing or guard rail) may be shared between the City and residents according to how much the measured speed on the street exceeds 30 mph. This cost sharing is defined as follows: COST SHARING TABLE 85 Percentile Resident's Cost Speed Share 31 mph 80% 32 mph 60% 33 mph 40% 34 mph 20% > 34 mph 0% For a street located in a Community Development Block Grant (CDBG) area, the cost responsibility of the residents is 0%, regardless of the measured speed above 30 mph. The cost for transportation engineering studies and maintenance of the speed control hump is the responsibility of the City. The term resident, when used in cost sharing, does not necessarily refer to the petitioners. It is used to define the share of the cost that is not the responsibility of the City and could be paid by one or more of the residents or from other private sources, including tax deductible donations to the City as described herein. Notwithstanding the provisions of the foregoing cost sharing table, residents may be able to expedite hump installation by voluntarily paying the full installation cost or by making tax deductible donations to the City which collectively satisfy the full installation cost. Individual residents of the neighborhood may, in lieu of voluntary payment of the neighborhood share of the cost of the speed control humps, make donations to the Speed Control Hump Policy 4 December 22, 2009 73142 City that may be tax deductible by the individual from Federal Income Tax under certain circumstances. In such event the resident may provide the donation to the City with the non-binding desire or request that such donation be applied to the neighborhood share of the cost of the speed control humps. Residents should consult their financial or tax advisor as to the required forms and the ability to make tax deductible donations to the City. The Federal Income Tax Code and the applicable regulations establish rules that determine when an individual may deduct donations to a political subdivision (the City) from the individual's Federal Income Tax. Residents of the neighborhood are cautioned, that once the City receives a tax deductible donation from a resident, as opposed to a voluntary payment for the neighborhood costs, such donation may not be returned by the City to the individual donor, nor may the City apply such funds to any other financial obligation that such individual may have to the City. Residents of the neighborhood are further advised that the individual's request or desire to apply the donated fund to the neighborhood costs for the speed control humps is not binding on the City but should understand that the City will apply the funds to the program for the individual's neighborhood, or other street improvements in the event sufficient funding is not received by the City within the stated one year period. Residents are encouraged, when considering a tax deductible donation to the City for the program, to determine whether sufficient voluntary payments and possible donations to the City will be sufficient to cover the neighborhood share of the costs prior to individual's making donations to the City given that the City may not return the donations if insufficient funding for the neighborhood share of the costs are not received by the City. Tax deductible donations that the City receives from residents of a neighborhood with the non-binding desire or request that the donation be applied to the neighborhood costs for the speed control humps shall be applied by the City for the costs of such program in the neighborhood, or other street improvements in that neighborhood if sufficient funding for the neighborhood's share of the costs is not received by the City within the stated one year period. E. SPEED CONTROL HUMP REMOVAL AND ALTERATION The process for speed control hump removal or alteration in a street is the same as the process for installation, except that there is no City participation in cost sharing. All associated cost for the removal must by borne by the residents requesting the removal. The process for speed control hump removal or alteration in an alley is the same as the process for installation and the removal cost will be the sole responsibility of the City. F. SPEED CONTROL HUMP LOCATION A speed control hump will not be located in a street in front of a property if the occupant objects to its placement or, in the case of a property containing multiple dwellings, if a majority of the households on the property object to its placement. Speed Control Hump Policy 5 December 22, 2009 73142 G. DESIGN STANDARDS AND PROCEDURES The Engineering Department shall prepare and maintain current design standards and installation procedures for speed control humps in accordance with this policy. Speed Control Hump Policy 6 December 22, 2009 73142 PROCEDURES FOR SPEED CONTROL HUMP INSTALLATION 1. The initial request for the installation of speed control humps must originate from the residents living on the street. A request from a resident or representative must be directed to: City of The Colony Engineering Department 6800 Main Street The Colony, Texas 75056 (972) 624-3195 2. A preliminary determination of eligibility based on available traffic data will be made in a timely manner. A. If the street is determined not to be eligible, the applicant(s) will be notified giving the reason. This decision may be appealed in writing to the Engineering Director within 15 days of the notification date. The Director will review the determination and respond to the applicant(s) within 30-days of the appeal request. B. If the street is determined to be eligible for consideration, a meeting will be arranged between the applicant(s) and staff to define the petition area, the approximate speed control hump location range and whether the location(s) would be in a Community Development Block Grant (CDBG) area. The applicant(s) will be instructed to submit a petition indicating that a minimum of three-fourths (75%) of the households on the street support the installation of speed control humps as provided in the Speed Control Hump Policy. Only petition forms supplied by the Engineering Department or exact duplicate may be used for this purpose. 3. After verification of the petitions, the Engineering Department will conduct the necessary transportation engineering studies and solicit comments and recommendations of other agencies. A determination of the street's eligibility for speed control hump installation will be made in a timely manner, based on the Speed Control Hump Policy. A. If the street is determined not to be eligible for speed control hump installation, the applicant(s) will be notified giving the reason for denial. The decision may be appealed in the same manner as in Section 2. B. If the street is determined to be eligible, the street will be placed on a list of streets eligible for speed control hump installation. 4. The Engineering Department will make a determination of the total installation cost and the cost sharing responsibility of the residents, if applicable, according to the Speed Control Hump Policy. Speed Control Hump Policy 7 December 22, 2009 73142 5. Once eligible for speed control hump installation, owners of real property lying within the notification area will be notified of the action by the Engineering Department. The notification area consists of the area within 200-feet of the boundary of the street. The measurement of the 200-feet includes streets and alleys. The notice will include a return form to indicate support or objection to the proposed installation. 6. If owners of 20 percent or more of the real property within the notification area object to the installation within 30 days of the notice, then the street will be removed from the list of streets eligible for speed control hump installation and a public hearing will be scheduled at the City Council. Notification of the hearing will include the applicant(s) and owners of real property within the notification area. In addition, a reasonable effort will be made to notify each residential household along the street and the area neighborhood associations of the public hearing. 7. If owners of less than 20 percent of the real property within the notification area object to the installation or the City Council approves the installation after a public hearing, then the Engineering Department will place the street on a list of streets approved for speed control hump installation. 8. Depending on the method used to pay for the cost of the speed control hump installation, either Section 8A or Section 8B will apply. Section 8A will apply if there is no City participation in the cost (i.e. the cost will be fully paid with voluntary private funding). Section 8B will apply if the residents request any City participation paying for the cost of the speed control hump installation if that option is available under Section D of the Speed Control Hump Installation Policy. A. Once a street is placed on the lists of streets approved for speed control hump installation, the City will submit a statement to the representative of the residents for the cost of the speed control hump installation. Upon receipt of payment of the cost or other private funding, including tax deductible donations to the City, the humps will be installed as scheduling permits. If full payment or private funding has not been received with one year from the statement date, the street will be removed from the list of streets approved for speed control hump installation and all monies received (other than tax deductible donations received by the City), if any, returned to the payer. OR B. (1) The Public Works Department will submit a report on an annual basis containing a list of streets approved for speed control hump installation that require City funding, either in whole or part, in a request for funding to the City Council. The report will rank the requests in an order of priority determined by the following calculations. Speed Control Hump Policy 8 December 22, 2009 73142 # RANKING ITEM VALUE 1 % vehicles exceeding Speed Criteria x daily traffic volume = 2 number of schools, parks, churches or institutions on street (maximum of 2) x 50 = 3 % of petitioning households on street requesting humps x 15 = 4 number of reported accidents in previous 12 month period x 100 = RANKING SUM (1+2+3+4)= (2) The street yielding the highest numerical value from the above summation will be considered to have the highest priority. The street with the earliest application date will have the highest priority among streets with the same summation value. The report will contain the above ranked list of streets approved for speed control hump installation, together with the speed, vehicles per day, ranking sum, whether the location is CDBG area, estimated installation costs, City's cost share, residents' cost share, application date, payment due date and cumulative City cost share. The report will additionally list all speed control hump requests subsequently denied by the Engineering Director under provisions of Section 2A and 3A, in addition to pending requests. A street that does not receive road hump installation funding approval will automatically be considered in the following years, for a maximum of three additional years. After that time period, a new request and petition are required. Representatives of the applicants for all approved road hump installations will be notified of which requests have been funded for the coming fiscal year. Installations not included in the group to be funded can be approved if their full installation cost (including the City's share) is voluntarily paid, as provided in Section 8A. (3) If City funds remain after the determination of which installations will be funded from the budgeted about, or if allocated City funds become available by non-payment of invoiced amounts under provisions of Section 8, these funds can be applied towards the highest ranked non-funded installation on the ranking list. Should be funds be insufficient to cover the City's portion of that installation, and the applicant(s) do not want to voluntarily pay the difference, these funds can then be made available towards the second highest ranked non- funded installation on the ranked list; then the third highest; and so forth. (4) The City will submit a statement to the representative of the residents for any cost based on the provisions of the Speed Control Hump Policy. It will list Speed Control Hump Policy 9 December 22, 2009 73142 the total cost, portion to be paid by residents and the portion to be paid by the City. Upon funding approval and receipt of payment of the residents' share through voluntary payments or other private funding, including tax deductible donations received by the City from the residents, the humps will be installed as scheduling permits. If payment or funding of the residents' share, if any is required, has not been received within one year from the statement date, the street will be removed from the list of streets approved for speed control hump installation and all monies received (except tax deductible donations received by the City), if any, returned to the payer. Speed Control Hump Policy 10 December 22, 2009 73142 SPEED CONTROL HUMP PROGRAM The City receives many complaints regarding speeding vehicles on residential streets. Many residents have concerns about the lack of safety for their children and their neighbors due to this problem. Police enforcement remains the most effective means of dealing with this problem. However, their limited resources mean that they cannot cover all the problems at all times. In response to this problem, the City has developed a Speed Control Hump Policy to minimize speeding and encourage traffic safety. The policy provides an opportunity for residents to participate in a process that leads to the installation of speed control humps. Here are some HIGHLIGHTS from the policy: WHAT IS A SPEED CONTROL HUMP? ❖ Traffic devise used to safely reduce the vehicle speed. ❖ It is not the typical bump you find in a shopping center parking lot. ❖ It is a pavement overlay placed on the roadway 12-feet in length, about 3-inches high, and extending the full width of the street, usually several are placed along the street. The ends are tapered to be flushed with the street at the curb and gutter to allow for drainage. HOW COULD MY STREET BECOME ELIGIBLE? ❖ A petition supplied by the Engineering Department must be documented showing that at least three-fourths (75%) of the residents on the street support the installation. ❖ A minimum of one-half (50%) of the residents on the street must authorize placement of the speed control humps in front of or adjacent to their property. The sponsor of the petition is required to contact every resident of the abutting properties on the subject street. If a resident is against the speed control humps, the word "OPPOSED" will be noted on the petition signature space. If the sponsor is unable to contact a resident, "NO CONTACT" will be noted on the petition signature space with the days and times that contact was attempted. It is required that the sponsor makes at least two attempts on separate days to contact a resident. ❖ The street must not be scheduled for resurfacing during the next two years. ❖ The street must provide access to residential dwellings with not more than one moving lane of traffic in each direction. ❖ The street cannot be an identified as a primary route for emergency vehicles. Speed Control Hump Policy 11 December 22, 2009 73142 ❖ Current vehicle speeds must exceed 30 miles per hour (mph) on the street. WHO IS RESPONSIBLE FOR THE COST OF THE SPEED CONTROL HUMP INSTALLATION? ❖ The cost may be shared between the City and the neighborhood according to how much of a speeding problem there is on the street. ❖ The non-city share could be paid by one or more of the residents or from other private sources. Private sources may include tax deductible donations to the City from the neighborhood residents who desire that the donation be ear-marked for the program. Residents should consult their financial or tax advisor as to the required forms and the ability to make tax deductible donations to the City. The Federal Income Tax Code and the applicable regulations establish rules that determine when an individual may deduct donations to a political subdivision (the City). ❖ The City will be responsible for the full cost if the street is located in a community development grant block area. HOW DO I GO ABOUT GETTING CONTROL SPEED CONTROL HUMPS INSTALLED? ❖ Call the Engineering Department at (972) 624-3195. ❖ A meeting will be scheduled with a representative of the neighborhood and the Engineering Department to provide more details on the program and to define the petition area. Speed Control Hump Policy 12 December 22, 2009 73142