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HomeMy WebLinkAboutO-1058-11-91CITY OF ALLEN THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ALLEN § This amendment (Ordinance No. 1058-11-91) to the Code of Vehicle and Traffic Ordinances (Ordinance No. 259, as previously amended by Ordinance Nos. 274, 309, 329, 340, 935-8-89, 972-2-90, 994-8-90 and 1058-11-91) has been duly adopted by the governing body of the City of Allen on this 7th day of November, A.D., 1991, in the manner required by law and does hereby amend Chapter 9, Article V, Division 2, Section 9-137 of the Allen Code of Ordinances and Article VI, Division 2, "Speed Regulations," 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 Ordinances," and shall become effective immediately from and after its passage and publication as required by law. Mayor, City of Allen, Texas ATTEST: ,, Ci Secr ary, City of Allen, Texas ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 ORDINANCE NO. 1058-11-91 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING CHAPTER 9, -MOTOR VEHICLES AND TRAFFIC," ARTICLE V, -OPERATION OF VEHICLES," DIVISION 2, -SPEED REGULATIONS," SECTION 9-137, OF THE ALLEN CODE OF ORDINANCES, AND ARTICLE VI, DIVISION 2, SECTION 1-46, -SPEED IN SCHOOL ZONES; SIGNS IN SCHOOL ZONES," OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE NO. 259, AS PREVIOUSLY AMENDED; ALTERING ESTABLISHED ZONES; ALTERING PRIMA MAXIMUM SPEED LIMITS ESTABLISHED IN SUCH ZONES DURING CERTAIN PERIODS ON SCHOOL DAYS; DEFINING SUCH PERIODS AND "SCHOOL DAYS;" MAIONNG IT UNLAWFUL TO PASS WITHIN SCHOOL ZONES; PROVIDING PENALTY CLAUSES, SEVERABILITY CLAUSES AND AN EFFECTIVE DATE. 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 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, Collin County, Texas, and, in some instances, in the immediate vicinity 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 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 Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137, "School Zones; Signs," of the Allen Code of Ordinances and Ordinance No. 259, as previously amended, of the City of Allen, Texas, and particularly Article Vl, 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 indicated below in Section 2 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. SECTION 2: That Ordinance No. 259, as previously amended, of the City of Allen, and particularly Article VI, Division 2, Section 1-46 thereof, and Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137, of the Allen Code of Ordinances 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 High School and D. L. Rountree 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 east of the intersection of Farm -to -Market Road 2170 and Roaring Springs Drive. b. Beginning at a point east of the intersection of Farm -to -Market Road 2170 and Roaring Springs Road 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. 2. Allen High School and D. L. Rountree 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 Ordinance No. 1058-11-91 Page 2 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 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. 3. Alton Boyd Elementary School: Twenty (20) miles per hour a. Beginning at a point on Jupiter Road between Red Oak Street and English Oak Street and continuing in a Southerly direction on Jupiter Road to the intersection of Jupiter Road and Oldbridge Drive. b. Beginning at the intersection of Jupiter Road and Oldbridge Drive and continuing in a northerly direction on Jupiter Road to a point between Red Oak Street and English Oak Street. C. Beginning at a point on Bethany Road 250 feet east of the intersection of Bethany Road and State Highway 5 and continuing in an easterly direction on Bethany Road to a point 200 feet east of the intersection of Bethany Road and Jupiter Road. d. Beginning at a point on Bethany Road 200 feet east of the intersection of Bethany Road and Jupiter Road and continuing west on Bethany Road to a point 250 feet east of the intersection of Bethany Road and State Highway 5. 4. 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. 5. Gene M. Reed Elementary School: Twenty (20) miles per hour a. Beginning at a point 20 feet north of the intersection of Timbercreek Court and Allen Heights Drive and continuing in a northerly direction on Allen Heights Drive 1104 feet to a point 200 feet north of the intersection of Rivercrest Boulevard and Allen Heights Drive. b. Beginning at a point 200 feet north of the intersection of Rivercrest Boulevard and Allen Heights Drive and continuing in a southerly direction on Allen Heights Drive 1104 feet to a point 20 feet north of the intersection of Timbercreek Court and Allen Heights Drive. Ordinance No. 1058-11-91 Page 3 C. Beginning at a point 200 feet east of the intersection of Allen Heights Drive and Rivercrest Boulevard and continuing in a westerly direction on Rivercrest Boulevard 1478 feet to a point 20 feet east of the intersection of Sandy Creek Drive and Rivercrest Boulevard. d. Beginning at a point 20 feet east of the intersection of Sandy Creek Drive and Rivercrest Boulevard an continuing in an easterly direction on Rivercrest Boulevard 1478 feet to a point 200 feet east of the intersection of Allen Heights Drive and Rivercrest Boulevard. e. Beginning at a point 60 feet south of the intersection of Timbercreek Drive and Fountain Gate Drive and continuing in a northerly direction on Fountain Gate Drive to the intersection of Fountain Gate Drive and Timbercreek Drive. f. Beginning at the intersection of Fountain Gate Drive and Timbercreek Drive and continuing in a easterly direction on Timbercreek Drive a distance of approximately 1,550 feet to the intersection of Timbercreek Drive and Allen Heights Drive. g. Beginning at the intersection of Timbercreek Drive and Allen Heights Drive and continuing in a westerly direction on Timbercreek Drive a distance of approximately 1,550 feet to the intersection of Timbercreek Drive and Fountain Gate Drive. h. Beginning at the intersection of Fountain Gate Drive and Timbercreek Drive and continuing in a southerly direction on Fountain Gate Drive to a point 60 feet south of the intersection of Fountain Gate Drive and Timbercreek Drive. 6. Alvis C. Story Elementary School: Twenty (20) miles per hour a. Beginning at a point on Malone Road 60 feet south of the intersection of Malone Road and Sunflower Drive and continuing in a southerly direction on Malone Road to a point 790 feet south of the intersection of Malone Road and Edelweiss Road. b. Beginning at a point on Malone Road 790 feet south of the intersection of Malone Road and Edelweiss Road and continuing in a northerly direction on Malone Road to a point 60 feet south of the intersection of Malone Road and Sunflower Drive. C. Beginning at a point on Azalea Drive 60 feet north of the intersection of Azalea Drive and Edelweiss Road and continuing in a southerly direction on Azalea Drive to a point on Azalea Drive north of the intersection of Azalea Drive and Gardenia Drive. d. Beginning at a point on Azalea Drive north of the intersection of Azalea Drive and Gardenia Drive and continuing in a northerly direction on Azalea Drive to a point 60 feet north of the intersection of Azalea Drive and Edelweiss Drive. e. Beginning at a point on Edelweiss Road 210 feet west of the intersection of Edelweiss Road and Azalea Drive and continuing in an easterly direction to the intersection of Edelweiss Road Ordinance No. 1058-11-91 Page 4 and Malone Road. f. Beginning at the intersection of Edelweiss Road and Malone Road and continuing in a westerly direction to a point on Edelweiss Road 210 feet west of the intersection of Edelweiss Road and Malone Road. 7. W. E. "Pete" Ford Middle School: Twenty (20) miles per hour a. Beginning at a point on Park Place Drive 970 feet east of the intersection of Jupiter road and Park Place Drive and continuing in an easterly direction on Park Place Drive to a point 860 feet west of the intersection of Hill Haven Drive and Park Place Drive. b. Beginning a point on Park Place Drive 860 feet west of the intersection of Hill Haven Drive and Park Place Drive and continuing in a westerly direction on Park Place Drive to a point 970 feet east of the intersection of Jupiter Road and Park Place Drive. C. Beginning at a point on Wandering Way Drive 135 feet north of the intersection of Wandering Way Drive and Park Place Drive and continuing in a southerly direction on Wandering Way Drive to the intersection of Wandering Way Drive and Park Place Drive. d. Beginning at the intersection of Park Place Drive and Wandering Way Drive and continuing in a northerly direction on Wandering Way Drive to a point 135 feet north of the intersection of Park Place Drive and Wandering Way Drive. 8. Vaughn Elementary School: Twenty (20) miles per hour a. Beginning at a point on Cottonwood Drive east of the alley located to the east of Blackstone Drive and continuing in an easterly and southerly direction on Cottonwood Drive to a point north of the alley located to the north of Clearcrest Lane. b. Beginning at a point on Cottonwood Drive north of the alley located to the north of Clearcrest Lane and continuing in a northerly and westerly direction on Cottonwood Drive to a point on Cottonwood Drive east of the alley located to the east of Blackstone Drive. C. Beginning at a point on Deerlake Drive 40 feet north of Deerlake Drive and Cottonwood Drive and continuing in a southerly direction on Deerlake Drive to the intersection of Deerlake Drive and Cottonwood Drive. d. Beginning at the intersection of Cottonwood Drive and Deerlake Drive and continuing in a northerly direction on Deerlake Drive to a point 40 feet north of the intersection of Cottonwood Drive and Deerlake Drive. e. Beginning at a point 200 feet east of the intersection of Bethany Drive and Ridgemont Drive and continuing in a westerly direction on Bethany Drive to a point 200 feet west of the intersection of Bethany Drive and Ridgemont Drive. Ordinance No. 1058-11-91 Page 5 f. Beginning at a point 200 feet west of the intersection of Bethany Drive and Ridgemont Drive and continuing in an easterly direction on Bethany Drive to a point 200 feet east of the intersection of Bethany Drive and Ridgemont Drive. '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 4:30 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 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 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 7TH DAY OF NOVEMBER, 1991. APPROVED: `ge Jife Farmer, MAYOR ATTEST: C- J y �Mon, ITY E RET Ordinance No. 1058-11-91 Page 6 s 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 #1058-11-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, November 13, 1991 & Sunday, November 17, 1991 and which was issued on November 13, 19 91 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. K SUBSCRIBED AND SWORN to before me this day of,A.D. 19� �'"�e :. Y.A. TODD i MY COMMISSION EXPIRES Deember 9, 1"2 hT Publisher's fee $ 31 . 5 0 �Q Jot—/—// ARY PUBLIC in and for COLLIN COUNTY, TEXAS 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, November 7, 1991 (Title only): Ordinance No. 1058-11-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 9, "Motor Vehicles and Traffic" Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137, of "the Allen Code of Ordinances, and Article VI, Division 2, Section 1-46, "Speed in School Zones; Signs in School Zones," of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended; Altering Established Zones; Al- tering Prima Maximum Speed Limits Es- tablished in Such Zones During Certain Periods on School Days; Defining Such Periods and "School Days;" Making it Un- lawful to pass within School Zones; Provid- ing Penalty Clauses, Severability Clauses and an Effective Date. 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 City Secretary 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, November 7, 1991 (Title only): Ordinance No. 1058-11-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 9, "Motor Vehicles and Traffic" Article V, "Operation of Vehicles,:', Division 2, "Speed Regulations," Section 9-137, -of the Allen Code of Ordinances ' and Article VI, Division 2, •Section 1-46,y "Speed in School Zones; Signs in School,; Zones," of the Allen -Vehicle and Traffic— Code, Ordinance No. 259, as -Previous W"' Amended; Altering Established'Zones; Al= tering Prima Maximum Speed Limits Esq— tablished in Such Zones During Certain; Periods on School Days;' Defining Such: Periods and "School Days;" Making it Un--- lawful to pass within School Zones; Provid- _ ing Penalty Clauses, Severability Clauses and an Effective Date. ' -; A copy of this ordinance may be fead or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle; -Allen, Texas 75002: 5 /s/ Judy Morrison "