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HomeMy WebLinkAboutO-919-4-89ORDINANCE NO. 919-4-89 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING THE ALLEN CODE OF ORDINANCES, AND THE ALLEN VEHICLE AND TRAFFIC CODE, AS PREVIOUSLY AMENDED, BY ADDING ARTICLE XIII WHICH PROHIBITS THE USE OF BICYCLES ALONG A PORTION OF F. M. 2170, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: PROVIDING PENALTY CLAUSES, SEVERABILITY CLAUSES AND AN EFFECTIVE DATE. WHEREAS, Farm -to -Market Road 2170 between Farm -to -Market Road 2478 and U. S. Highway 75, within the corporate limits of the City of Allen, Texas, is a two-lane roadway with undivided passage in both directions; and, WHEREAS, the congestion of motor vehicle traffic on this portion of said Farm -to -Market Road 2170 is extremely heavy; and, WHEREAS, the City Council of the City of Allen, upon consideration of the matter, finds and determines that the presence of bicycles, tricycles, unicycles or other man -powered means of transportation on such portion of Farm -to -Market Road 2170 will present a hazard to the motor vehicles traveling thereon and also a danger and peril to the operators of such man -powered transportation; and, WHEREAS, it is the considered opinion of the City Council of the City of Allen, Texas, that the public health, safety and welfare of the City of Allen and its citizens will be enhanced, protected and furthered by prohibiting the operation of such man -powered means of transportation within the above-described limits of Farm -to -Market Road 2170, as is hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION I: That the findings of fact, conclusions and other matters set out in the preamble of this Ordinance are hereby adopted and made a part of the body of this Ordinance, the same as if they had been recited herein in full. SECTION II: That from and after the effective date of this Ordinance, the Allen Code of Ordinances, and the Allen Vehicle and Traffic Code, are hereby amended by adding Article XIII as follows: Ordinance No. 919-4-89 - Page 1 "It shall be unlawful for any person to operate, push, pull, or walk a bicycle, tricycle, unicycle or other man -powered means of transportion on the following roads or highways within the City of Allen, Texas: Street Extent Farm -to -Market Beginning at Farm -to -Market Road Road 2170 2478 (Custer Road) and continuing in an easterly direction to U. S. Highway 75 Farm -to -Market Beginning at U. S. Highway 75 and Road 2170 continuing in a westerly direction to Farm -to -Market Road 2478 (Custer Road) SECTION III: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars ($200.00). SECTION IV: 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 V: 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 2oth DAY OF April v 1989. J Farmer, Mayor ATTEST: 4Jy 4Moson�;, Acting City Secretary APPROVED AS TO FORM: .T6rT�Arowder, City Attorney Ordinance No. 919-4-89 - Page 2 m m AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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 ORDINANCE #919-4-89 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on Apr. 26, 1989 by City of Allen of Collin County, Texas. A printed copy of said publicationis a tached hereto. UX&4 SUBSCRIBED AND SWORN to bcf , A.D. 19 /g V.A. TODD MY COMMISSION EXPIRES A ^ Dumber �' 1 Toblic in and for Collin County, Texas Publisher's fee S 25.20 CITY OF-ALLEN,aI !' t rs 1 PUBLIC NOTICE'-,. -, Notice'*( hereby given that the Allen City -Council -adopted. the followings ordinance -at -their regular meeting held onl Thursday, April 20,;1989 (Title and Penalty Clause only): '+ ,-c• c ,c t Ordinance No. 919-4-89:;Ap ordinance of the City -of Allen, Collin County, Texas, IArriending the-Allan^Code of Ordin'a'nces, I 'and the'Allen Vehicle and Traffic Code, as Pre'viously.Ar ended, by Adding Article XIII (which proHibits,ihe use of bicycles'alohg a portion of'F.M.'2170, in the City of Allen, Collin County, Texas„Providing Penalty Clauses,' Seve'abiIity,Clauses and'an'ef- fective date:' , ` , r,,,T `(', 4r, '' 4 Any per9bn;ZlatiXg any,of'the provisions ,of this ordinance shall be deemed guilty of ka-misdemeanor, and tupon tconvictlon ;thereof shall, be, fined in any sum not to exceed -Two Hundred,Dollars ($200.00). IA copy'of thisordinance maybe read or rourcha§ed'in the office of the City-Secret- a'ry"City of Allen, One Butler Circle; Alleh, �Tezas'�75002.• 'r I 1 +a •,c )' l -' t T_ '- 03S1 -'A i3� f4.111 IA.HIJudy. Morrison .a Acting City. Secretary 4/26, 4/30J .. v 6 'CITY.OF'ALLEN,71A PUBLIC'NOTICE '-� f 1 f�oticeis r he;rr �'t' RR , eby given that the, Allen. City Council -adopted -the followinb1 ordinance at their regul&.meetirig Field on Thursday, April 20,'1989 (Title'and.P_enalty" Clause only): ,f, -,u , f 71.1 .1 11TOYt►' Ordinance No. 919-4-09: An ordinance of,; the City -of Allen, Collin County, Texas, Amending the Allen Code of Ordinances, and the Allen Vehicle and Traffic Code; as Previously Amen'de`d; by Adding Article X1IH which prohibits the use of bicycles along a I portion of F.W2170, in the City of -Allen; Collin County,, Texe's; Providing Penalty.� Clauses, Severability Clauses and an of-- fective date' •' ` I- � '0' Any person violating any of tho provisions of this ordinance' shall be deernedguilty of a misdemeanor, and upon conviction i thereof shall be�fined' in any sum not ff' exceed Two Hundred:Dollars_($200,00)! j A copy of -this •ordinanco-may be read ori !purchased In the bffice ofthe City Secret -1 ary, City of Allan, One Butler Circle, rAllen� Texas 75002. - ..17 r ,,; Ju4,; Morrleonl Aoting•City Secretary'