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HomeMy WebLinkAboutO-1743-7-99ORDINANCE NO. 1743-7-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-137(10), DESIGNATING CERTAIN PORTIONS OF SEEPORT DRIVE, BEL AIR DRIVE, IRVINE DRIVE, NEWPORT DRIVE AND RIVERSIDE COURT AS SCHOOL ZONES FOR NORTON ELEMENTARY SCHOOL WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR FOR MOTOR VEHICLES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 545.356 of the Transportation Code, Vernon's Texas Codes Annotated, 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, CollinTexas, upon the basis of an engineering and traffic investigation fads it necessary to alter prima facie maximum speed limits established by Section 545.356 of the Transportation Code, Vernon's Texas Codes Annotated, the following prim facie speed limits hereafter indicated for vehicles we 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 pans thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Code of Ordinance of the City of Allen, Texas, be and the same is hereby amended by amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137(10) in part, designating certain portions of Seeport Drive, Bel Air Drive, Irvine Drive, Newport Drive and Riverside Court as school zones for Norton Elementary School with a maximum prima facie speed limit of twenty (20) miles per hour for motor vehicles, to read as follows: "Sec. 9-137 School zones; signs. ' (10) Norton Elementary School: Twenty (20) miles per hour a. Newport Drive from Bel Air Drive to Seeport Drive. C. Bel Air Drive from a point one hundred and ninety (190) feet west of Newport Drive to a point on four hundred and fifty (450) feet east of ' Newport Drive. d. Irvine Drive from Newport Drive to a point one hundred and twenty (120) feet south of Newport Drive. e. Riverside Court from Newport Drive to a point one hundred and twenty (120) feet south of Newport Drive." SECTION 2. That the Traffic Engineer shall erect appropriate signage giving notice of the maximum prima facie speed limit established herein. SECTION 3. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, font or wrporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200) for each offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and publication as required by law, however the maximum prima facie speed limits established herein shall not take effect until the Traffic Engineer has erected appropriate signage giving notice of the maxintm prima facie speed limits therefore and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 15°1 DAY OF JULY, 1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, crfY ATTORNEY JdWy Mottison, CMC, CITY SECRETARY Ordinance No. 1743-7-99 Paget