The URL can be used to link to this page

Home My WebLink AboutO-1559-12-97CITY OF ALLEN TIM STATE OF TEXAS § COUNTY OF COWN § CITY OF ALLEN § This amendment (Ordinance No. 1559-12-97) to the Code of Vehicle and Traffic Ordinances (Ordinance No. 259, as previously amended by Ordinance No. 309, 482-12-83, 724-8-86, 859-6-88, 962-12-89,1014-1-91,1053-10-91,1177-5-93,1204-10-93,1475-11-96 and 1497-5-97) has been duly adopted by the governing body of the City of Allen on this 4th day of December, A.D., 1997, 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 immediately from and after its passage and publication as required by law. 44O." -f-0 Mayor, City of Allen, Texas ATTEST: O� i Secr ry, City of Allen, Texas ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 ORDINANCE NO. 1559-12-97 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, 72A-8-86, 859-&88, 962-12-89, 1014-1-91, 1053-10-91, 1177-5-93, 1204-10-93, 1475-11-96 AND 1497-5-97, AND CHAPTER 9, .-MOTOR VEHICLES AND TRAFFIC,' ARTICLE V, 'OPERATION OF VEHICLES; DIVISION 2, 'SPEED REGULATIONS,' SECTION 9-135 OF THE ALIEN CODE OF ORDINANCES; ALTERING THE PRIMA FACIE SPEED LI TTS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF V.T.C.A., TRANSPORTATION CODE SECTION 545356, UPON BETHANY DRIVE, FM 2170 (MCDERMOTT DRIVE) AND WATTERS ROAD, OR PARTS THEREOF, WI'ITT N THE CORPORATE LIM[TS OF THE CITY OF ALLEN, AS SET OUT IN THIS ORDINANCE; AND PROVIDING PENALTY CLAUSES, SEVERABILITY CLAUSES AND AN DATE. WHEREAS, Section 545.356 of the Transportation Code, Vernon's Texas Codes Annotated, 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTTY OF ALLEN, Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 545.356 of the Transportation Code, Vernon's Texas Codes Annotated, 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 1: Section 140 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as previously amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-88,1014-1-91,1053-10-91,1177-5-93,1204- 10-93,1475-11-96 and 1497-5-97, 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 Section 545.351 of the Transportation Code, Vernon's Texas Codes Annotated, as amended, or by any ordinance of the City of Allen. SECTION 2: Section 1-40 of Ordinance No. 259, as previously amended by Ordinance Nos. 309, 482- 12-83, 724-8-86, 859-6-88, 962-12-89,1014-1-91,1053-10-91,1177-5-93,1204-10-93,1475-11-96 and 1497- 5-97, 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 Allen Heights All portions south of F.M. 2170 40 Allen Heights All portions north of F.M. 2170 35 Alma Drive All portions south of McDermott Drive 40 Alma Drive Beginning at a point on Alma Drive at its 40 intersection with McDermott Drive, thence continuing in a northerly direction on Alma Drive for a distance of 0.322 mile, approximately Alma Drive Thence continuing along Alma Drive in a 35 northerly direction for a distance of 0.189 miles, approximately Alma Drive Thence continuing along Alma Drive in a 40 northerly direction to its intersection with Exchange Boulevard Bethany Drive Beginning at a point being the east right-of-way 40 line of the intersection of U.S. 75 East Frontage Road, thence continuing in a westerly direction along Bethany Drive to the intersection of Alma Drive 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 0.720 miles, approximately, to the intersection of S.H. 5 Bethany Drive Thence continuing along Bethany Drive a distance 35 of 0.35 mile, approximately, to the intersection of Jupiter Road Bethany Drive Thence continuing along Bethany Drive a distance 40 of 0.98 mile, approximately, to the intersection of Allen Heights Drive Century Parkway All portions within the city 40 Exchange Beginning at a point on Exchange Boulevard at its 40 Boulevard intersection with Rowlett Creek, thence continuing in a easterly direction on Exchange Boulevard to its intersection with S.H. 5 Farm -to -Market All portions within the city 55 Road 1378 Farm -to -Market Beginning at the west city limits of the City of 40 Road 2170 Allen, Texas, thence continuing along McDermott Ordinance No. 1559-12-97 Page 2 (McDermott Drive in an easterly direction to a point 100 feet Drive) east of Parkhurst Lane Farm -to -Market Thence continuing along McDermott Drive to a 45 Road 2170 point west of TIvin Creeks Drive (McDermott Drive) Farm -to -Market Thence continuing along McDermott Drive to a 45 Road 2170 point 100 feet west of Watters Crossing Drive (McDermott Drive) Farm -to -Market Thence continuing along McDermott Drive to a 40 Road 2170 point approximately 200 feet east of Angel Drive (McDermott (to station 41+10) Drive) Farm -to -Market Then continuing along Farm Road 2170 in an 35 Road 2170 easterly direction for a distance of 0.766 mile, (McDermott approximately (to station 41+10) Drive) Farm -to -Market Thence continuing along Farm Road 2170 in an 40 Road 2170 easterly direction for a distance of 1.248 miles, (McDermott approximately (to station 107+00) Drive) 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 Farm -to -Market Beginning at the intersection of Farm Road 2786 Road 2786 (Stacy Road) and U.S. 75 and continuing in an easterly direction a distance of 1 mile, approximately Farm -to -Market Beginning at a point 1 mile east of the Road 2786 intersection of Farm Road 2786 (Stacy Road) and U.S. 75 and continuing in an easterly direction a distance of 1.6 miles, approximately Jupiter Road Beginning at a point being the south right-of-way line of the intersection of Farm Road 2170 (Main Street), thence continuing in a southerly direction along Jupiter Road for a distance of 0.8 mile, approximately Jupiter Road Thence continuing along Jupiter Road in a Ordinance No. 1559-12-97 Page 3 55 55 40 35 Victorian Drive Beginning at a point on Victorian Drive at its intersection with Park Place Drive, thence continuing in a southerly direction on Victorian Drive to its intersection with Victorian Circle Ordinance No. 1559-12-97 Page 4 40 55 45 50 55 40 45 45 55 40 45 20 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 Millennium Drive All portions within the city State Hwy. 5 Beginning at a point (station 59+64) being the north city limits of the City of Allen, and continuing along State Highway 5 in a southerly direction for a distance of approximately 1.295 miles (station 128+00) State Hwy. 5 Thence continuing along State Highway 5 in a southerly direction for a distance of approximately 2.254 miles (station 247+00) State Hwy. 5 Thence continuing along State Highway 5 in a southerly direction for a distance of approximately 0.473 mile (station 272+00) being the south city limits of the City of Allen U.S. 75 East Beginning at a point (station 565+20) being at 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 continuing along U.S. 75 East Frontage Frontage Road Road in a southerly direction for a distance of 1.733 miles, approximately . U.S. 7 5 East Thence continuing along U.S. 5 East Frontage 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 the 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 Frontage Road Road for a distance of 2.751 miles, approximately U.S. 75 West Thence continuing along U.S. 75 West Frontage Frontage Road Road for a distance of 0.500 mile, approximately U.S. 75 West Thence continuing along U.S. 75 West Frontage Frontage Road Road for a distance of 1.468 miles, approximately, said point (station 358+20) being the south city limits Victorian Drive Beginning at a point on Victorian Drive at its intersection with Park Place Drive, thence continuing in a southerly direction on Victorian Drive to its intersection with Victorian Circle Ordinance No. 1559-12-97 Page 4 40 55 45 50 55 40 45 45 55 40 45 20 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 Watters Road Beginning at a point at the south right of way of 45 McDermott Drive and continuing in a southerly direction to the north right-of-way of Bethany 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 five hundred dollars ($500.00) 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 CTTY COUNCILOF THE CITY OF ALLEN, TEXAS, ON THE 4TH DAY OF DECEMBER, 1997. e4�r__Q� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: IlY`- A. Don Cro—wUml C= ATTORNEY u Mo n, CMC, CTTY SECRETARY Ordinance No. 1559-12-97 Page 5