(a)
It is hereby determined that the city meets the criteria required of municipalities in the state Transportation Code, chapter 542, General Provisions, section 542.008, Traffic Regulation: Private Subdivisions in Certain Municipalities (hereinafter “542.008”), and therefore 542.008 can be applied in the city.
(b)
It is hereby determined that the Flintrock at Hurst Creek Subdivision in Travis County, Texas, according to the maps thereof recorded in Document Numbers: Section 1-200000273, Section 2-200000274, Section 7-200000275, Section 8-200000276, Section 10-200200150, Official Records of Travis County, Texas, as amended from time to time (“Flintrock at Hurst Creek Subdivision”) has private streets and is within the city limits of a qualifying municipality, the City of Lakeway, and that Flintrock at Hurst Creek property owners’ association, board of directors, the governing body of the entity that maintains the roads in the Flintrock at Hurst Creek Subdivision, has submitted a petition requesting that the city extend certain traffic rules and enforce those rules within the Flintrock at Hurst Creek Subdivision, all in accordance with 542.008.
(c)
It is hereby determined that the extension of certain traffic rules to the Flintrock at Hurst Creek Subdivision and the enforcement of those traffic rules within the Flintrock at Hurst Creek Subdivision is in the interest of the municipality generally. The Flintrock at Hurst Creek Subdivision will continue to maintain the roads within the Flintrock at Hurst Creek Subdivision with no costs to the city. The Flintrock at Hurst Creek Subdivision will also provide and install official traffic-control devices on property abutting the private roads that relate to the specific traffic rule at the request of the city.
(d)
Therefore, in accordance with 542.008, the city extends the following traffic rules and enforcement thereof to all private roads located in the Flintrock at Hurst Creek Subdivision:
(1)
City Ordinance No. 2001-03-19-2 (An ordinance of the City of Lakeway, Texas, zoning for traffic and the rate of speed therein on the streets and roadways within the city limits; defining speeding and fixing a penalty therefor; declaring what may be a sufficient complaint in prosecution hereunder; with a saving clause repealing conflicting laws and declaring an emergency), excluding the last sentence in section VII of this ordinance which states “it shall be an affirmative defense to prosecution under this Ordinance that the street upon which the offense was alleged to have been committed is a ‘private road’ as that term is defined in the Texas Transportation Code 541.302(9)”; and
(2)
City Ordinance No. 99-07-19-1 (An ordinance regulating the parking of automobiles, trucks, motorcycles, boats, trailers, recreational vehicles, and other vehicles on and along the streets and designated recreational paths and prohibiting the blocking of designated recreational paths within the corporate limits of the City of Lakeway; repealing Ordinances No. 78-07-11-1, 78-12-12-2 and 97-06-16-1 in their entirety; and providing severability and an effective date).
(3)
The Texas Transportation Code, pertaining, but not limited, to: highways, traffic signs, signals and markings, accidents, driving under the influence, reckless driving, driving movements, pedestrians, stopping, standing and parking, equipment violations, inspections, speed restrictions, bicycles, proof of financial responsibility, and others.
(4)
The Texas Transportation Code, pertaining, but not limited, to: roadways, municipal streets, title and registration of vehicles, vehicle size and weight, motorcycles, parking and towing of vehicles, enforcement of traffic laws and others.
(Ordinance 2004-10-18-7, secs. I–IV, adopted 10/18/04; Ordinance 2004-12-20-1, sec. 1, adopted 12/20/04)