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HomeMy WebLinkAboutO-1688-2-99CITY OF ALLEN THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ALLEN § This amendment (Ordinance No. 1688-2-99) to the Code of Vehicle and Traffic Ordinances (Ordinance No. 259) has been duly adopted by the governing body of the City of Allen on this 18th day of February, A..D. 1999, in the manner required by law and does hereby amend Chapter 9, Article IX, Division 2 of the Allen Code of Ordinances and Article XI, Division 2 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. 1,14� -Z� Mayor, City of Allen Texas ATTEST: y Secriaary, City of Allen, Texas ONE BUTLER CIRCLE ALLEN, TEXAS 75013 972/727-0100 • FAX 972/727-0165 EMAIL: coa@dallen.mus fORDINANCE NO. 1688-2-99 t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS ,AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION -OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-135(a), TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LI IITS UPON EXCHANGE PARKWAY AND STATE HIGHWAY 5, OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE 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; 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 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. That the Code of Ordinance of the City of Allen, Texas, be and the same is hereby amended by amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135(a) "Streets other than expressways and freeways," in part to establish the maximum prima facie speed limit upon Exchange Parkway and State Highway 5, to read as follows: "Sec. 9-135 Streets other than expressways and freeways. (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: �a k r 1 Street Extent5 - Speed ,Y R 1 , 1 Exchange Parkway Beginning at a point on Exchange Parkway at 40 its intersection with Rowlett Creek, thence continuing in an easterly direction on Exchange Parkway to its intersection with US 75. Exchange Parkway Beginning at a point on Exchange Parkway at 45 its intersection with US 75, thence continuing in an easterly direction on Exchange Parkway to its intersection with SH 5. Exchange Parkway Beginning at a point on Exchange Parkway at 35 its intersection with SH 5, thence continuing in an easterly direction on Exchange Parkway to its intersection with Malone Road. State Hwy. 5 Beginning at a point (Station 59+64) being 55 the north City limits of the City of Allen, and continuing along SH 5 in a southerly direction to the intersection at SH 5 and Exchange Parkway. State Hwy. 5 Thence continuing along SH 5 in a southerly 45 direction for a distance of approximately 3.329 miles (Station 272+00) being the south City limits of the City of Allen. (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 2. The Traffic Engineer shall erect appropriate signage giving notice of the maximum prima facie speed limit established herein. SECTION 3. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. Ordinance No. 1688-2-99 Page 2 SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and publication as required by law, however the maximum prima facie speed limits established herein shall not take effect until the Traffic Engineer has erected appropriate signage giving notice of the maximum prima facie speed limits therefore and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 18th DAY OF FEBRUARY , 1999. APPROVED: ,4�:-z --o Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Ji4y Mo"- on, CMC, CITY SECRETARY Ordinance No. 1688-2=99 Page 3 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 inter- section of S.H. 5 Bethany Drive Thence continuing along Bethany Drive a 35 distance of 0.35 mile, approximately, to the intersection of Jupiter Road Bethany Drive Thence continuing along Bethany Drive a 40 distance of 0.98 mile, approximately, to the intersection of Jupiter Road Century Parkway All portion within the city 40 -17- Exchange Parkway Beginning at a point on Exchange Parkway at its intersection with Rowlett Creek, thence continuing in an easterly direction on Exchange Parkway to its intersection with US 75 Exchange Parkway Beginning at a point on Exchange Parkway at its intersection with US 75, thence continuing in an easterly direction on Exchange Parkway to its intersection with SH 5 Exchange Parkway Beginning at a point on Exchange Parkway at its intersection with SH 5, thence continuing in an easterly direction on Exchange Parkway to its intersection with Malone Road Farm -to -Market All portions within the city Road 1378 40 11R 35 55 Farm -to- Market Beginning at the west city limits of the City of 40 Road 2170 Allen, Texas, thence continuing along McDermott (McDermott Drive) Drive in an easterly direction to a point 100 feet east of Parkhurst Lane Farm -to -Market Thence continuing along McDermott Drive to a Road 2170 - point west of Twin Creeks Drive (McDermott Drive) Farm -to -Market Thence continuing along McDermott Drive to a Road 2170 point 100 feet west of Watters Crossing Drive (McDermott Drive) Farm -to -Market Thence continuing along McDermott Drive to a Road 2170 point approximately 200 feet east of Angel (McDermott Drive) Drive (to station 41 + 10) Farm -to -Market Then continuing along Farm Road 2170 in an Road 2170 easterly direction for a distance of 0.766 mile (McDermott Drive) approximately (to station 41 + 10) Farm -to -Market Thence continuing along Farm Road 2170 in an Road 2170 easterly direction for a distance of 1.248 miles, (McDermott Drive) approximately (to station 107+00) -17a- 45 45 aml 35 40 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 Road 2551 Farm -to -Market Beginning at the intersection of Farm Road Road 2786 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 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 55 55 55 40 35 Millennium Drive All portions within the city 40 State Hwy, 5 Beginning at a point (Station 59+64) being the north City limits of the City of Allen, and continuing along SH 5 in a southerly direction to the intersection at SH 5 and Exchange Parkway State Hwy. 5 Thence continuing along SH 5 in a southerly direction for a distance of approximately 3.329 miles (Station 272+00) being the south city limits of the City of Allen. -17b- 55 45 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 continuing 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 the 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 55 Frontage Road Frontage Road for a distance of 2.751 miles, approximately U.S. 75 West Thence continuing along U.S. 75 West 40 Frontage Road Frontage Road for a distance of 0.500 mile, Approximately U.S. 75 West Thence continuing along U.S. 75 West 45 Frontage Road Frontage 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 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 -17c- 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 45 Of 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 two hundred dollars ($200.00) for each such violation. (Amended February 18, 1999 - Ordinance 1688-2-99) SEC. 1-41. EXPRESSWAYS AND FREEWAYS A person commits an offense if he operates or drives a vehicle on the following designated -17d-