O-1053-10-91CITY OF ALLEN
THE STATE OF TEXAS §
COUNTY OF COLLIN $
CITY OF ALLEN §
This amendment (Ordinance No. 1053-10-91) to the Code of Vehicle and Traffic
Ordinances (Ordinance No. 259, as previously amended by Ordinance Nos. 309, 482-12-83,
724-8-86, 859-6-88, 962-12-89 and 1014-1-91) has been duly adopted by the governing body
of the City of Allen on this 3rd day of October, A.D., 1991, in the manner required by law
and does hereby amend Chapter 9, Article V, Division 2, Section 9-135 of the Allen Code
of Ordinances and Article V1, Division 2, "Speed Regulations," Section 1-40, "Streets
Other than Expressways and Freeways," of the Allen Vehicle and Traffic Code, also
known by its short title of "Allen Traffic Ordinances," and shall become effective
Q
immediately from 'and after its passage and publication as required by law.
y M yor, City of Allen, Texas
ATTEST : ,
Sec tary, City of Allen, Texas
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100
ORDINANCE NO. 1053-10-91
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING SECTION 1-40
OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE NO. 259, AS
PREVIOUSLY AMENDED BY ORDINANCE NOS. 309,482-12-83,724-8-86,859-6-88,
%2-12-89 AND 1014-1-91, AND CHAPTER 9, 'MOTOR VEHICLES AND TRAFFIC,"
ARTICLE V, "OPERATION OF VEHICLES,' DIVISION 2, -SPEED
REGULATIONS,- SECTION 9-135 OF THE ALLEN CODE OF ORDINANCES;
ALTERING THE PRIMA FACIE SPEED LI] IITS ESTABLISHED FOR VEHICLES
UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701d, VERNON'S
TEXAS CIVIL STATUTES, UPON VICTORIAN DRIVE, OR PARTS THEREOF,
WITHIN THE CORPORATE LI IITS OF THE CITY OF ALLEN, AS SET OUT IN
THIS ORDINANCE; AND PROVIDING PENALTY CLAUSES, SEVERABILITY
CLAUSES AND AN EFFECTIVE DATE.
WHEREAS, in order to reduce hazardous traffic conditions, to preserve the safety and welfare of
pedestrian traffic in and around Ford Park, and in order to protect and further the peace, safety and
welfare and good order of the City of Allen, the City Council of the City of Allen, Texas, finds it
necessary to amend Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as
previously amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-88, 962-12-89 and 1014-1-91,
and Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2,
"Speed Regulations," Section 9-135 of the Allen Code of Ordinances; and,
WHEREAS, Section 169(b) of Article 6701(d), 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 safety 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 pat of the street or highway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
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 upon 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 1: That Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as
previously amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-88 and 1014-1-91, and the
Allen Code of Ordinances, and particularly Chapter 9, "Motor Vehicles and Traffic," Article V,
"Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135, "Streets other than
expressways and freeways," and any other ordinance, or portion thereof, in conflict herewith, be and
the same are hereby amended as indicated below in Section 2 hereof. However, nothing herein
contained shall be construed as repealing, or conflicting with, prima facie maximum speed limits
established by Article 6701d, Section 166(a), Vernon's Texas Civil Statutes, as amended, or by any
ordinance of the City of Allen.
SECTION 2: That Section 1-40 of Ordinance No. 259, as previously amended by Ordinance Nos.
309, 482-12-83, 724-8-86, 859-6-88, 962-12-89 and 1014-1-91, and the Allen Code of Ordinances, and
particularly Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division
2, "Speed Regulations," Section 9-135, "Streets other than expressways and freeways," be amended
to now read as follows:
"(a) A person commits an offense if he operates or drives a vehicle on the
following designated streets at a speed greater than the speed designated by this section
for that street or portion of that street, 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.
STREET EXTENT SPEED
Bethany Drive Beginning at a point being the east right-of-way 35
line of the intersection of U.S. 75 East Frontage
Road, thence continuing in an easterly direction
along Bethany Drive for a distance of 1.1 miles,
approximately
Bethany Drive Thence continuing along Bethany Drive in an 40
easterly direction for a distance of 0.98 mile,
approximately, to the intersection of Allen
Heights Drive
Farm -to -Market All portions within the city 55
Road 1378
Farm -to -Market
Beginning at said point (Station 0+45) being the
55
Road 2170
west city limits of the City of Allen, Texas,
thence continuing along Farm Road 2170 in an
easterly direction for a distance of 2.655 miles,
approximately (to Station 140+65)
Farm -to -Market
Thence continuing along Farm Road 2170 in an
45
Road 2170
easterly direction for a distance of 0.453 mile,
approximately (to station 164+60)
Farm -to -Market
Thence continuing along Farm Road 2170 in an
35
Road 2170
easterly direction for a distance of 0.766 mile,
approximately (to station 41+10)
Farm -to -Market
Thence continuing along Farm Road 2170 in an
40
Road 2170
easterly direction for a distance of 1.248 miles,
approximately (to station 107+00)
Farm -to -Market
Thence continuing along Farm Road 2170 in an
50
Road 2170
easterly direction for a distance of 0.341 mile,
approximately (to station 125+00)
Farm -to -Market
Thence continuing along Farm Road 2170 in an
55
Road 2170
easterly direction for a distance of 1.205 miles,
approximately, to a point (station 188+65) being
the east city limits of the City of Allen
Farm -to -Market
All portions within the city
55
Road 2551
Jupiter Road
Beginning at a point being the south right-of-way
40
line of the intersection of Farm Road 2170 (Main
Street), thence continuing in a southerly direction
Ordinance No. 1053-10-91 Page 2
Ordinance No. 1053-10-91 Page 3
along Jupiter Road for a distance of 0.8 mile,
approximately
Jupiter Road
Thence continuing along Jupiter Road in a
35
southerly direction for a distance of 1.26 miles,
approximately, to the south right-of-way line of
the intersection of Chaparral, said point being
the south city limits of the City of Allen
McDermott Drive
Beginning at a point being the east right-of-way
35
line of Allen Drive at its intersection with
McDermott Drive, thence continuing in an
easterly direction along McDermott Drive
approximately 0.59 miles to the west right-of-way
line of S.H. 5
State Hwy. 5
Beginning at the north city limits (station 59+64)
55
and continuing south for approximately 1.051
miles (to station 115+2)
State Hwy. 5
Thence continuing south for approximately 0.850
50
miles (to station 160+00)
State Hwy. 5
Thence continuing south for a distance of
40
approximately 0.757 mile (to station 200+00)
State Hwy. 5
Thence continuing south for a distance of
50
approximately 1.364 miles to the southern city
limits boundary (station 272+00)
U.S. 75 East
Beginning at a point (station 565+20) being at
55
Frontage Road
Stacy Road, thence continuing in a southerly
direction along U.S. 75 East Frontage Road for
a distance of 0.719 mile, approximately
U.S. 75 East
Thence dontinuing along U.S. 75 East Frontage
40
Frontage Road
Road in a southerly direction for a distance of
1.733 miles, approximately
U.S. 75 East
Thence continuing along U.S. 5 East Frontage
45
Frontage Road
Road in a southerly direction for a distance of
1.468 miles, approximately, said point (station
358+20) being the south city limits
U.S. 75 West
Beginning at a point (station 660+20) being at
45
Frontage Road
north city limits thence continuing in a southerly
direction along U.S. 75 West Frontage Road for
a distance of 1.000 mile, approximately
U.S. 75 West
Thence continuing along U.S. 75 West Frontage
55
Frontage Road
Road for a distance of 2.751 miles,
approximately
U.S. 75 West
Thence continuing along U.S. 75 West Frontage
40
Frontage Road
Road for a distance of 0.500 mile, approximately
U.S. 75 West
Thence continuing along U.S. 75 West Frontage
45
Frontage Road
Road for a distance of 1.468 miles,
approximately, said point (station 358+20) being
Ordinance No. 1053-10-91 Page 3
(b) Any person violating any provision of this section shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined in the sum of not more
than two hundred dollars ($200.00) for each such violation."
SECTION 3: 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 4: 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,
ON THE 3RD DAY OF OCTOBER, 1991.
APPROVED AS TO FORM:
A. Don Crowder, CITY ATTORNEY
APPROVED:
J6e Farmer, MAYOR
ATTEST:
Ordinance No. 1053-10-91 Page 4
the south city limits
Victorian Drive
Beginning at a point on Victorian Drive at its
20
intersection with Park Place Drive, thence
continuing in a southerly direction on Victorian
Drive to its intersection with Victorian Circle
Victorian Drive
Thence continuing along Victorian Drive in a
20
westerly direction to its intersection with
Whitman Drive
Victorian Drive
Beginning at a point on Victorian Drive at its
20
intersection with Whitman Drive, thence
continuing in an easterly direction on Victorian
Drive to its intersection with Victorian Circle
Victorian Drive
Thence continuing along Victorian Drive in a
20
northerly direction to its intersection with Park
Place Drive
(b) Any person violating any provision of this section shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined in the sum of not more
than two hundred dollars ($200.00) for each such violation."
SECTION 3: 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 4: 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,
ON THE 3RD DAY OF OCTOBER, 1991.
APPROVED AS TO FORM:
A. Don Crowder, CITY ATTORNEY
APPROVED:
J6e Farmer, MAYOR
ATTEST:
Ordinance No. 1053-10-91 Page 4
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Ordinance #1053-10-91
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
and which was issued on October 9 , 1991 _ _,
City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this X— day of A.D. 1991
I,+n+4!i••: V.A. TODD
MY COMMISSION WIRES
Dnamba• 8, 1692
"kI iOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 5 _0 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
October 3, 1991 (Title and Penalty Clause
`only).
Ordinance No. 1053-10-91 An Ordinance
of the City of Allen, Collin County, Texas,
Amending Section 1-40 of the Allen Vehi-
cle and Traffic Code, Ordinance No. 259,
as Previously Amended by Ordinance
Nos. 309, 482-12-83, 724-8-86, 859-6-88,
962-12-88 and 1014-1-91, and Chapter 9,
"Motor Vehicles and TPaffic," Article V,
"Operation of Vehicles," Division 2,
"Speed Regulations," Section 8-135 of the
Allen Code of Ordinances; Altering the
Prima Facie Speed Limits Established for
Vehicles under the Provisions of Section
169(b) of Article 8701d, Vernon's Texas
Civil Statutes; upon Victorian Drive, or
Parts Thereof, Within the Corporate Limits
of the City of Allen, as set out in this Ordi-
nance, and Providing Penalty Clauses,
Severability Clauses and an Effective
Date.
That any person, firm or corporation violat-1
mg any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the.
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine;
not to exceed the sum of One Thousand
Dollars ($1,000.00) for each offense
A copy of this ordinance may be read or
purchased in the office of the City Secret`
ary, City of Allen, One Butler Circle, Allen,
Texas 75002
/s/ Judy Morrison
I CITY OF ALLEN
(''
PUBLIC -NOTICE
INotice is hereby given that the Allen City
Council adopted the following ordinance at I
their regular 3,991 (Title and Penalty Clauheld on s
October 3,
only):
Ordinance No. 1053-10-91: An Ordinance
of the City of Allen, Collin County, Texas, I
Amending Section 1-40 of the Allen Vehi-
cle and Traffic Code, Ordinance No. 259,1
as Previously Amended by Ordinance I
Nos. 309, 482-12-83, 724-8-86, 859-6-88,
1962-12-88 and 1014-1-91, and Chapter 9, I
"Motor Vehicles and Traffic," Article V,
,Operation of Vehicles," Division 2,I
�'Prima
peed Regulations," Section 8-135 Alternot the
llen Code of Ordinances; 9 the Facie Speed Limits Established for I
Vehicles under the Provisions of Section
169(b) of Article 8701 d, Vernon's Texas)
Civil Statutes, upon Victorian Drive, or
,Parts Thereof, Within the Corporate Limits I
81 the City of Allen, as set out in this Ordi-
Inance; and Providing Penalty Clauses, t
,Severability Clauses and an Effective 1
_Date.
That any person,fov or corporation
o atiotermvi la s
ing any of the pr
'ordinance shall be subject to the
sa
(penalty as provided for in ComprehensiveI
Zoning Ordinance No. 829-11-87 of the,
City of Allen, as heretofore amended, and,
upon conviction shall be punished' by a fine.
,not to exceed the sum
of Oa Thousand
Dollars ($1,000.00) h be read of
IIA copy of this ordinance may Secret1
1purchased in the office of the City
MIIary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy;Morrison
City Secretary