O-329-2-81ORDINANCE NO. 329
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING ARTICLE
VI, DIVISION 2, AND SECTION 1-46, "SPEED IN SCHOOL ZONES; SIGNS IN
SCHOOL ZONES", OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE
259, AS PREVIOUSLY AMENDED BY ORDINANCE NOS. 274 AND 309, OF THE
CITY OF ALLEN, TEXAS; ALTERING ESTABLISHED ZONES; ALTERING PRIMA
FACIE MAXIMUM SPEED LIMITS ESTABLISHED IN SUCH ZONES DURING
CERTAIN PERIODS ON SCHOOL DAYS; DEFINING SUCH PERIODS AND
"SCHOOL DAYS"; MAKING IT UNLAWFUL TO PASS WITHIN SCHOOL ZONES;
PROVIDING PENALTY CLAUSES, SEVERABILITY CLAUSES AND AN EFFECTIVE
DATE.
WHEREAS, Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, 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 or 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 or highway; and,
WHEREAS, the City Council of the City of Allen, Texas, upon the basis of an engineering
and traffic investigation, finds it necessary to alter prima facie maximum speed limits
established by Article 6701d, Section 166(a), Vernon's Texas Civil Statutes, as amended, and by
certain ordinances of the City of Allen, within the areas and at the locations named and
designated in the body of this Ordinance, all within the corporate limits of the City of Allen,
Ordinance No. 329 - Page 1
Collin County, Texas, and, in some instances, in the immediate vacinity of school areas, during
periods of time when schools are in session and school children are going to and from schools
and playgrounds; and,
WHEREAS, the governing body finds it necessary for the protection and safety of
pedestrians crossing the streets within such areas to prohibit the overtaking and passing of
motor vehicles by other motor vehicles within the school zones;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:-
Upon
EXAS:
Upon the basis of an engineering and traffic investigation heretofore made as authorized
by the provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, the
following prima facie speed limits hereafter indicated for vehicles are 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,
described as follows:
Section L• That Ordinance No. 259, as previously amended by Ordinance Nos. 274
and 309, of the City of Allen, Texas, known also as the "Allen Traffic Ordinances" and the
Allen "Vehicle and Traffic Code", and particularly Article VI, Division 2, "Speed Regulations",
Section 1-46, "Speed in School Zones; Signs in School Zones", and any other ordinance, or
portion thereof, in conflict herewith, be and the same are hereby amended as below indicated
in Section II hereof. However, nothing herein contained shall be construed as repealing, or
conflicting with, prima facie maximum speed limits applicable during time periods, other than
the time periods herein enumerated, as the same having been established by Article 6701d,
Section 166(a), Vernon's Texas Civil Statutes, as amended, or by any ordinance of the City of
Allen.
Ordinance No. 329 - Page 2
Section II: That Ordinance No. 259, as previously amended by Ordinance Nos. 274
and 309, of the City of Allen, and particularly Article VI, Division 2, Section 1-46 thereof, be
amended to now read as follows:
"A person commits an offense if he operates or drives a vehicle in a school
traffic zone in the following designated areas or on the following designated
streets at a speed greater than the speed designated by this section for that area or
street or portion thereof, and any speed in excess of the limit provided in this
section shall be prima facie evidence that the speed is not reasonable nor prudent
and is unlawful. On the basis of recommendations of the traffic engineer,
determined on the basis of engineering and traffic surveys, the City Council shall
designate school traffic zones with appropriate street markings, warnings or signs,
which street markings, warnings or signs shall be placed at the school zones by the
traffic engineer. The speed limit designated for school traffic zones shall be
effective only at times when appropriate flashing warnings and/or signs advising
motorists of the speed limit are placed in conspicuous places.
In accordance with the recommendations of the traffic engineer, the
following designated locations and areas are declared to be school zones and the
maximum speed limit for all motor vehicles operated within such areas and
locations and on such streets on school days, when either a flashing warning signal
is in operation, or when appropriate signs are in place and conspicuous, shall be as
follows:
1. Allen Middle School: Twenty (20) miles per hour
a. Beginning at a point on Cedar Drive 100 feet South of the
intersection of Cedar Drive and Main Street and continuing in a
Southerly direction on Cedar Drive to 35 feet North of the
intersection of Cedar Drive and Ellis Drive.
b. Beginning at a point on Cedar Drive 35 feet North of the
intersection of Cedar Drive and Ellis Drive and continuing in a
Northerly direction on Cedar Drive to 100 feet South of the
intersection of Cedar Drive and Main Street.
C. Beginning at a point on Belmont Drive at its intersection with
Cedar Drive and continuing in a Westerly direction on Belmont
Drive to the intersection of Belmont Drive and Ash Drive.
d. Beginning at a point on McDermott Drive 95 feet East of the
intersection of McDermott Drive and Ash Drive and continuing in
Ordinance No. 329 - Page 3
an Easterly direction on McDermott Drive to 165 feet East of the
intersection of McDermott Drive and Young Street.
e. Beginning at a point on McDermott Drive 165 feet East of the
intersection of McDermott Drive and Young Street and continuing
in a Westerly direction on McDermott Drive to 95 feet East of the
intersection of McDermott Drive and Ash Drive.
2. Allen High School and D. L. Roundtree Elementary School: Twenty-
five (25) miles per hour
a. Beginning at a point on Farm -to -Market Road 2170 70 feet East
of the intersection of Farm -to -Market Road 2170 and Jupiter
Road and continuing in an Easterly direction on Farm -to -Market
Road 2170 to 120 feet West of the intersection of Farm -to -
Market Road 2170 and Greeting Gate Lane.
b. Beginning at a point on Farm -to -Market Road 2170 120 feet West
of the intersection of Farm -to -Market Road 2170 and Greeting
Gate Lane and 'continuing in a Westerly direction on Farm -to -
Market Road 2170 to 70 feet East of the intersection of Farm -to -
Market Road 2170 and Jupiter Road.
3. Allen High School and D. L. Roundtree Elementary School: Twenty
(20) miles per hour
a. Beginning at a point on Leading Lane Drive at its intersection
with Grassy Glen Drive and continuing in an Easterly direction on
Leading Lane Drive to the intersection of Leading Lane Drive and
Greeting Gate Lane.
b. Beginning at a point on Leading Lane Drive at its intersection
with Greeting Gate Lane and continuing in a Westerly direction on
Leading Lane Drive to the intersection of Leading Lane Drive and
Grassy Glen Drive.
C. Beginning at a point on Melody Mall Lane at its intersection with
Leading Lane Drive and continuing in a Northerly direction on
Melody Mall Lane to the intersection of Melody Mall Lane and
Farm -to -Market Road 2170.
d. Beginning at a point on Melody Mall Lane at its intersection with
Farm -to -Market Road 2170 and continuing in a Southerly
direction on Melody Mall Lane to the intersection of Melody Mall
Lane and Leading Lane Drive.
e. Beginning at a point on Jupiter Road 120 feet South of the
intersection of Jupiter Road and State Highway 5 and continuing
in a Southerly direction on Jupiter Road to 365 feet South of the
intersection of Jupiter Road and Farm -to -Market Road 2170.
f. Beginning at a point on Jupiter Road 365 feet South of the
Ordinance No. 329 - Page 4
intersection of Jupiter Road and Farm -to -Market Road 2170 and
continuing in a Northerly direction on Jupiter Road to 120 feet
South of the Intersection of Jupiter Road and State Highway 5.
4. Alton Boyd Elementary School: Twenty (20) miles per hour
a. Beginning at _ a point on Jupiter Road 590 feet North of the
intersection of Jupiter Road and Bethany Drive and continuing in
a Southerly direction on Jupiter Road to the intersection of
Jupiter Road and Cumberland Drive.
b. Beginning at a point on Jupiter Road at its intersection with
Cumberland Drive and continuing in a Northerly direction on
Jupiter Road to 590 feet North of the intersection of Jupiter
Road and Bethany Drive.
C. Beginning at a point on Bethany Drive 90 feet East of the
intersection of Bethany Drive and State Highway 5 and continuing
in an Easterly direction on Bethany Drive to the intersection of
Bethany Drive and Jupiter Road.
d. Beginning at a point on Bethany Drive at its intersection with
Jupiter Road and continuing in a Westerly direction on Bethany
Drive to 90 feet East of the intersection of Bethany Drive and
State Highway 5.
5. Lovejoy Elementary School: Twenty (20) miles per hour
Beginning at a point on Farm -to -Market Road 1378, 1611 feet
North of the intersection of Rock Ridge Road and Farm -to -
Market Road 1378, and continuing in a northerly direction on
Farm -to -Market Road 1378, 809 feet to a point 1905 feet South of
the intersection of Stacy Road and Farm -to -Market Road 1378.
'School Days', as that term is used herein, shall be each Monday through
Friday throughout the calendar year when the school nearest the school zone is in
session, and for purposes of this speed ordinance, shall include the time period
between the hours of 7:00 A.M. and 4:00 P.M. on such days.
It shall be unlawful for any person to drive or operate a motor vehicle
through a school zone as designated and established herein during such periods of
time, on school days, when there is either a flashing warning signal in operation
cautioning motorists to proceed with care, or when appropriate signs are in place
and conspicuous, in such a manner as to overtake and pass another vehicle being
driven in the same direction upon the same street within said school zone.
It shall be unlawful for any person to drive or operate a vehicle on a public
street or highway through the school zones herein designated during the periods
Ordinance No. 329 - Page 5
herein designated at a rate of speed in excess of the prima facie maximum speed
limits herein designated for such school zones.
Any person violating any provision of this Ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be fined in the sum of not more
than Two Hundred and No/100 Dollars ($200.00) for each such violation."
Section III- 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 or section of this Ordinance shall be declared unconstitutional or
invalid by any judgment or decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence,
paragraph or section of this Ordinance; and the City Council hereby declares it would have
passed the remaining portions even though it had known the affected parts would be held
unconstitutional.
Section IV: This Ordinance shall become effective immediately from and after its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THIS THE 19th DAY OF FEBRUARY, A.D., 1981.
ATTEST:
Jvnelle Dalsing, City Secretary J
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
X� 6A,,
M. 13. Pierson, Mayor
Ordinance No. 329 - Page 6
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
''3a 91
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
?/)a4,CO� /( -/-- / rte''. / 9 P/
and which was issued on �?/Z, , by
of Collin County, Texas. A printed copy of said publication is
SUBSCRIBED AND SWORN to before me this —L / day of
Publisher's Fee $ o20i `fc�
a 5-
6_ewtv-�(24, o 9'
i2. Public Notices
THE STAT OF TEXAS
COUNTY O COLLIN
CITY OF A LEN
Notary Public in a
i 4. Public Notice:
I �—
THE STATE OF EYAS
I COUNTY OF C
CITY OF ALLEN LIN
This amendment ` amendment
(Ordlance No. 329) to the This
Code of Vehicle and Traffic (Ordlence No. 329) to the
ffic
Ordinances (Ordinance No. Code of Vehicle andfcsallo.
, A.D. 19;k/L_
for Collin County, Texas
259, as previously amended I
by Ordinance Nos. 274 and
309) has been duly adopted
by the governing body of
the City of Allen on this the i
19th day of February, A.D.,
1981, in the manner requlrad 1
by law and does hereby
amend Article VI, Division 2,
"Speed Regulations", and
Section 1.46, "Speed In
School Zones; Signs in
School Zones", of the Allen
Vehicle and Traffic Code,
also known by Its short title
of "Allen Traffic Or-
dinances", and shall
become effective im. I
medlately from and after Its
passage and publication as I
required by law.
Mayor, City Allen, Texas
ATTEST: I
City Sec etb.,
City of Allen, T.,.%s
(Published �i
American Monday, i Mar° k
16, 1981 and Thrsday,�
March 19, 1981)
ordinancespevi
259as P
ously amended
,
by Ordinance Nos. 274 and
309) has been duly adopted f
by the governing body
the City of Allen on this thh ;
19th day of February, A
1981, in the manner required
by law and does hereby
amend Articls VI, Division 2,
•'Speed Regulations", dand In
Section 1.48, Signs In
School Zones;of the Allen
School Zones"9
Vehicle and Traffic
� s short de,
1 also known by
of "Allen Traffic or"
dinances",
all
become effective Im.
I medlately from and after l
ts
` passage and publication as
required by law.
I Mayor, City Allen, Texas
ATTEST:
—
City Secretary,
City of Allen, T0188
(Published ,in the March
American Monday'
is, 1981 and Thursday,
March 19, 1981)
M
CITY OF ALLEN
M B PIERSON
MArOR
RENWOMACK
MA rOR PRO TEMPORE
JOE FARMER
_OUNCI.MAN PLACE 1
J M MCCLURE
:OJNCI,MAN PLACE 2
H R DAUGHERTY
COUNCILMAN PL
UACE 3
THE STATE OF TEXAS S
GLENN ANDREW
COUNCILM.N PLACE
COUNTY OF COLLIN §
RICHARD L CHUMBLEY
c011CCMAN PLACE 6
CITY OF ALLEN §
JON MCCARTY
_., Mw NAGE.
This amendment (Ordinance No. 329) to the Code of Vehicle and Traffic
JUANELLE DALSING
SECRETARr
Ordinances (Ordinance No. 259 as previously amended by Ordinance
..IT♦
, Nos. 274
WALTERCSSORS
-, ASSESSOR{OLLECTOR
and 309) has been duly adopted by the governing body of the City of Allen on this
DON CROWDER
M„NICI.AL ATTORNEY
HOWARD SHAPIRO
the 19th day of February, A.D., 1981, in the manner required by law and does
NUN'CIPA`JUDGE
hereby amend Article VI, Division 2, "Speed Regulations", and Section 1-46,
RICHARD CARROLL
CHIEF OF FJLICE
"Speed in School 'Zones; Signs in School Zones", of the Allen Vehicle
JIMMY EATON
and Traffic
DIRECTOR OF PU°LIC WORKS
BILL
LUPErrY
I GOFPICIAI
Code, also known by its short title of "Allen Traffic Ordinances", and shall
JOHN ULANO
become effective immediately from and after its passage and
DIRECTOR OF
publication as
PARKS AND "`CREATION
required by law.
RON GENTRY
FIRE CHIEF
BOB ACKER
FIRE MA.SHAL
ROLAND H COMMONS
`I°"A"IAN
Mayor, City of Allen, Texas
ATTEST:
City Secretary, City of Allen, Yexas
///rp4c v i T, -.,s 19
Published in the Allen American T-hu-E�, March 12 and Marcia
y, March -I-&,
P.O. BOX 487 • 302 W. MCDERMOTT • ALLEN. TEXAS 75002 • 214/727-3336 • METRO 214/424 5918 198