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HomeMy WebLinkAboutO-482-12-83CITY OF ALLEN MICKEY PIERSON MAYOR JOE FARMER MAYOR PRO TEMPORE J M McCLURE COUNCILMAN. PLACE Z - REX WOMACK COUNCILMAN, PLACE 3 TM STATE OF TEXAS S DON RODENBAUGH COUNCILMAN. PLACE 4 G WARD PAXTON COUNTY OF COLLIN S COUNCILMAN. PLACE 5 DENNIS OFFUTT CITY OF ALLEN S COUNCILMAN. PLACE G JON V This amendment (Ordinance No. 482-12-83) to the Code of Vehicle and CITYY MANAGER MARTY HENDRIX CITY SECRETARY Traffic Ordinances (Ordinance No. 259, as previously amended by Ordinance Nos. WALTER CURTIS TAX COLLECTOR 274, 309, 329 and 340) has been duly adopted by the governing body of the City DON CROWDER MUNICIPAL ATTORNEY of Allen on this the 15th day of December, A.D., 1983, in the manner required by SPENCER KOPF MUNICIPAL JUDGE law and does hereby amend Article VI, Division 2, "Speed Regulations", Section BOB ACKER FIRE MARSHAL 1-40, "Streets Other Than Expressways and Freeways", of the Allen Vehicle and RICHARD CARROLL CHIEF OF POLICE Traffic Code, also known by" its short title of "Allen Traffic Ordinances", and ERNIE HOBACK DIRECTOR OF PUBLIC WORKS RON GENTRY shall become effective immediately from and after its passage and publication as FIRE CHIEF LINDA J MIDTLING required by law. FINANCE BILL PETTY DIRECTOR OF COMMUNITY DEVELOPMENT t MARK THORNTON DIRECTOR OF Mayor, City of Allen, Texas PARKS AND RECREATION BARBARA BUEHLER } ATTEST: LIBRARY DIRECTOR ma6,�,, • 1 City Secretary, Citof Allen, Texas ONE BUTLER CIRCLE • ,ALLEN, TEXAS 75002 • 214/727-9171 • METRO 214/424-7518 t ORDINANCE NO. 482-12-83 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING ARTICLE VI, DIVISION 2, 'SPEED REGULATIONS", SECTION 1-40, "STREETS OTHER THAN EXPRESSWAYS AND FREEWAYS", OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE 259, AS PREVIOUSLY AMENDED BY ORDINANCE NOS. 274, 309, 329 AND 340, OF THE CITY OF ALLEN, TEXAS; ALTERING PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON STATE HIGHWAY NO.5 OR PARTS THEREOF, WITHIN THE INCORPORATE LIMITS OF THE CITY OF ALLEN, AS SET OUT IN THIS ORDINANCE; ALTERING ESTABLISHED 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 Ordinance No. 482-12-83 - Page 1 designated in the body of this Ordinance, all within the corporate limits of the City of Allen, Collin County, Texas; 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 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 I: That Ordinance No. 259, as previously amended by Ordinance Nos. 274, 309, 329 and 340, of the City of Allen, Texas, known also as the "Allen Traffic Ordinances" and the Allen "Vehicle and Traffic Code", and particularly Article VI, Divison 2, "Speed Regulations", Section 1-40, "Streets Other Than Expressways and Freeways", and any other ordinance, or portion thereof, in conflict herewith, be and the same are hereby amended as below indicated in Section H 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 II: That Ordinance No. 259, as previously amended by Ordinance Nos. 274, 309, 329 and 340, of the City of Allen, and particularly Article VI, Division 2, Section 1-40 thereof, be amended to now read as follows: "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 Ordinance No. 482-12-83 - Page 2 i designated in the body of this Ordinance, all within the corporate limits of the City of Allen, Collin County, Texas; 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 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 I: That Ordinance No. 259, as previously amended by Ordinance Nos. 274, 309, 329 and 340, of the City of Allen, Texas, known also as the "Allen Traffic Ordinances" and the Allen "Vehicle and Traffic Code", and particularly Article VI, Divison 2, "Speed Regulations", Section 1-40, "Streets Other Than Expressways and Freeways", and any other ordinance, or portion thereof, in conflict herewith, be and the same are hereby amended as below indicated in Section H 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 II: That Ordinance No. 259, as previously amended by Ordinance Nos. 274, 309, 329 and 340, of the City of Allen, and particularly Article VI, Division 2, Section 1-40 thereof, be amended to now read as follows: "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 Ordinance No. 482-12-83 - Page 2 limit provided in this section shall be prima facie evidence that the speed is not reasonable nor prudent and is unlawful. STREET EXTENT SPEED Farm -to -Market Beginning at said point (Station 0+45) being 55 Road 2170 the West City Limits of the City of Allen, Texas, thence continuing along Farm Road 2170 in an Easterly direction for a distance of 2.569 miles, approximately, (to Station 136+12). Farm -to -Market Thence continuing along Farm Road 2170 45 Road 2170 in an Easterly direction for a distance of 0.450 mile, approximately (to Station 159+88). Farm -to -Market Thence continuing along Farm Road 2170 30 Road 2170 in an Easterly direction for a distance of 0.200 mile, approximately, (to Station 170+44). Farm -to -Market Thence continuing along Farm Road 2170 30 Road 2170 in�'an Easterly direction for a distance of 0.800 mile, approximately, (to Station 42+24)., f Farm -to -Market Thence continuing along Farm Road 2170 35 Road 2170 in an Easterly direction for a distance of 0.355 mile, approximately, (to Station 61.+00). Farm -to -Market Thence continuing along Farm Road 2170 40 Road 2170 in an Easterly direction for a distance of 0.871 mile, approximately, (to Station 107+00). Farm -to -Market Thence continuing along Farm Road 2170 50 Road 2170 in an Easterly direction for a distance of 0.341 mile, approximately, (to Station 125+00). Farm -to -Market Thence continuing along Farm Road 2170 55 Road 2170 in an 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 Ordinance No. 482-12-83 - Page 3 Farm -to -Market All portions within the city. 55 Road 1378 State Hwy. 5 Beginning at north city limits (Station 55 59+64) and continuing south for approximately 1.051 miles (to Station 115+2). State Hwy. 5 Thence continuing south for approximately 50 0.850 miles (to Station 160+00). State Hwy. 5 Thence continuing south for a distance of 40 approximately 0.757 miles (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). 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 IIL• 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 indalidify 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 VL- 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 15TH DAY OF DECEMBER, A.D., 1983.. Ordinance No. 482-12-83 - Page 4 ///� I - L-� M. B. Pierson, Mayor ATTEST: fA k % kL Marty Hendrix, City ecretary A ROVED AS TO FORM: A. o row , ity Attorney Ordinance No. 482-12-83 - Page 5 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared' JACK R. STEIN, 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 b�d'�Na..y�,_c _e_ ,fig\-\-:)_ %3 `F- y%Z-\z-, 71!�I' f which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on D l ►al 1K3 \_DJ _'�_z1% z and which was issued on 1 >`� �� \ , by of Collin County, Texas. A printed copy of said publication is attached he o. SUBSCRIBED AND SWORN to before me tFiis day of A.D. 19 0 t�y. Notary Public in and for Collin County, Texas Publisher's Fee 3 �� ��' x'02 - � 0. "CITY `-1t ; ,ALL1EW PUBLIC NOTICE The following or- dinances were adopted by the Allen City Council in a regular session held on thursday, Decembe7 15, 1983 (Titles and Penalty Clauses only.) Ordinance No. 481.12.83: An Ordinance of the City of Allen, Col- lin County; Texas, Amen- ding the Comprehensive Zoning Ordinance No. 366.10-B1 of the City of Allen, as. Heretofore Amended, so as to Establish Permanent Zoning To -Wit: "PD" Planned , development No. 17, on, a Total of 179 Acres: of Land " More or Less Out of the W. J. Jackson Survey, Abstract No. 484, and the William Perrin Survey, abstract No. 708, Collin County, Texas, Which is Presently Delineated on the Official zoning Map as "AO" Agricultural Open Space; Providing for Use Regulations; Pro-' viding for a 5 percent Open Space Require- ment; Providing for Dedication of Land to the city of Allen; Pro- viding for a Penalty for Each Offense; Providing for a Severability Clause; and.Providing for an Ef- fective Date. That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the aarge penalty, as provid- ed for In the Comprehen- sive Zoning:- Ordinance No.•366-10.81 of the city of Allen, as previously amended, and upon con- Vlotlon,Shall be punished by 'q f Iqe- not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. Ordinance_, " No. 482.12.83: An Ordinance of -the city of Allen, Texas, Amending Article VI, Division 2, "Speed Regulations", Section 1.40, "Streets, Other Than E=xpressways and Freeways", -of the Allen Vehicle and Traffic code, Ordinance 259 of the city -of Allen, Texas; Altering Prima Facie Speed Limits Established for Vehicles Under the Provi- sions of Section 169(b) of Article 6701d, Vernon's Texas civil Statutes, Upon State Highway No. 5 .or Parts Thereof, Within the Incorporate Limits of the city of Allen, as Set Out. In This Ordinance; Altering EstiNsftT,1dMbe; Pro= vlding Penalty Clauses, Severability Clauses and an Effective Date. ' Any person violating any p ovision of this or- dinanGe 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 offense. Copies o ` f these or- dinances may be read or purchased In the Office of.city Secretary, Allenthe Municipal Annex, One Butler Circle, Allen, Texas. Marty Hendrix City Secretary ` (Piibltahid In the Alien American on Monday, December 19, 1983 and Thursday, December 22, 1983.) .4ay, C! , OF ALLEN ' = IC NOTICE • The followinII Qr- dlhi Imes were addpibd by the Allen City Council In ,% regular session held on`,thursday, December 15',','171983 (Titles` and Penalty Clauses only.) Ordinance • No. 481.12.83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding the Comprehensive Zoning Ordinance No.' 388.10.81 of the City of Allen, as Heretofore Amended, so as to Establish Permanent Zoning To -Wit: "PD" Planned develupment No. 17, on a Total of 179 Acnit of Land More or Less Out of the W. J. Jackson Survey, Abstract No. 484, and the WIIUam Perrin Survey, abstract No. 708, Collin County, Texas, Which Is Presently Delineated on the.Official zoning Map as ,"AO" Agricultural Open Space; Providing for Use Regulations; Pro- viding for a 5 percent Open Space Require- ment: Providing for Ded)WCA of Land to tl*' city of Allen; Pro- viding for a Penalty for Each Offense; Providing `for a Segerabllity Clause; and Providing for an Ef. fictive Date. That any person, firm, or corporation violating any -of the provisions or terms of this ordinance shall be subject to the Same penalty as provid- ed for In the Comprehen- sive Zoning Ordinance No. 366-10.81 of the city of Allen, as previously amended, and upon con- viction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. 482.12.83: An Ordinance of the city. of Allen, Texas, Amending Article VI, Division .2,,WSpeed Regulations"., Section 1-40, "Strebts Other Than -Expmsways '-and Freeways"; of the Allen Vehicle and Traffic code, Ordinance 259 of the city of Allen, Texas; Altering Prima Facie Speed Limits Established for Vehicles Under the Provl-,, alone of Section 169(b) of Article 6701d, Vernon's `Texas civil , Statutes, =Upon State Hlghw* No.- 5 or Part's Thereof, Within.., the)-lncc*porate Urnits' -of -the city of $'Allen, as Set Out In This Ordinance;- Altering Established: Zones; Pro- viding Penalty Clauses, 8sverabnity Clauess and-, an Effective,Dat9. s Anypersop violating arty . "lsfon of lhis or- dinance shall be deemed guilty of a misdemeanor and upon conviction theftldt shall be firied In the shin of not more than Two Hundred Dollars ; ($200,0Q) fair -each such ' Copisanv4di*-these or- -dina"s. may bowefd ot._ purchase&in the Office of the, ci#y Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas. Mafty Hendrix j z pity Secretary, ff' (Published -In the Allen 1 'American on 'Monday, December 19, 1983 and Thursday, December 22, 1983.)