HomeMy WebLinkAboutO-2965-11-10ORDINANCE NO. 2%5.11.10
' 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
AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR EXCHANGE
PARKWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS 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, 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 pan 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 pan 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, 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances 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) in part to establish the maximum prima facie speed limit upon Exchange
Parkway to read as follows:
`Sec. 9.135. Streets other than expressways and freeways.
(a) .....
Speed Limit
Street
Extent
(miles per hour)
ADD
Exchange
All portions east of a point 400 feet east of Watters Road to a point
40
Parkway
400 feet west of Angel Parkway
DELETE
Exchange
All portions east of a point 400 feet east of Greenville Avenue to a
40
Parkway
point 400 feet west of Angel Parkway
' SECTION 2. The City Engineer or designee shall erect appropriate signals, signage, and markings giving
notice of the maximum prima facie speed limit established herein.
SECTION 3. 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. 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.
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. Any person, firm or corporation violating any of the provisions or terns 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) for each offense.
SECTION 7. 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 City 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 23RD DAY OF NOVEMBER, 2010.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
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Peter G. Smith, OM ATTORNEY
Shelley B. Geo ,CITY SECRETARY
Ordinance No. 296511-10, Page 2