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HomeMy WebLinkAboutO-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