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Home My WebLink AboutO-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