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Home My WebLink AboutO-2467-12-05ORDINANCE NO. 2467-12-05 ' 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 REGULATION$" SECTION 9-135(a), TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR BETHANY DRIVE, FOR BRAY CENTRAL DRIVE, FOR EXCHANGE PARKWAY, FOR HEDGCOX F ROAD, AND FOR WATTERS ROAD 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, 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, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to he 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. 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) 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: 1 I Street Extent Speed Limit (miles per hour) Allen Heights All portions within the city, generally 40 Allen Heights All portions north of a point 400 feet north of Main 35 Street, specifically Alma Drive All portions within the city, generally 40 All portions from a point 0.322 miles north of Alma Drive McDermott Drive to a point 0.511 miles north of 35 McDermott Drive, specifically Angel Parkway All portions within the city, generally 40 Bethany Drive All portions within the city, generally 45 All portions from a point 400 feet east of Bel Air Drive Bethany Drive to a point 350 feet west of Enterprise Boulevard, 40 specifically All portions from a point 350 feet west of Enterprise Bethany Drive Boulevard to a point 200 feet west of Fairlawn Street, 35 specifically Bethany Drive All portions east of a point 200 feet west of Fairlawn 40 Street, specifically Bray Central Drive All portions within the city, generally 40 All portions from a point 200 feet north of Arches Park Bray Central Drive Drive to a point 400 feet north of Ridgeview Drive, 35 specifically Cedar Drive All portions from a point 100 feet north of St. Mary 25 Drive to Exchange Parkway, specifically Century Parkway All portions within the city, generally 40 Exchange Parkway All portions within the city, generally 45 Exchange Parkway All portions between Rowlett Creek and a point 400 feet 40 west of Raintree Circle, specifically "Hospital Zone" defined as all portions between a point Exchange Parkway 400 feet west of Raintree Circle to a point 400 feet west 40 of the centerline of the DART railroad right-of-way, specifically Exchange Parkway All portions east of a point 400 feet east of Greenville 40 Avenue, specifically Farm -to -Market All portions within the city, generally 50 Road 1378 Farm -to -Market Road 2551 All portions within the city, generally 55 Greenville Avenue All portions within the city, generally 45 Ordiru am No. 2467-12-05, Page 2 Hedgcoxe Road All portions within the city, generally 45 Jupiter Road All portions within the city, generally 40 All portions south of a point 150 feet south of Prestige 35 Jupiter Road Circle, specifically All portions from a point 400 feet south of Main Street to 30 Jupiter Road Greenville Avenue, specifically McDermott Drive All portions within the city, generally 45 All portions west of a point 100 feet east of Parkhurst 40 McDermott Drive Lane, specifically All portions from a point 100 feet west of Watters McDermott Drive Crossing Drive to a point 300 feet west of the western 40 U.S. 75 right-of-way line, specifically All portions from a point 300 feet west of the western 35 McDermott Drive U.S. 75 right-of-way line to Main Street, specifically All portions from McDermott Drive to a point 400 feet 40 Main Street east of Malone Road, specifically All portions east of a point 400 feet east of Malone Road, 55 Main Street specifically Millennium Drive All portions within the city, generally 40 Stacy Road All portions within the city, generally 55 All portions from S.H. 121 to a point 400 feet west of 45 Stacy Road Chelsea Boulevard, specifically All portions from a point 400 feet west of Chelsea Stacy Road Boulevard to a point 100 feet west of the western U.S. 75 40 right-of-way line, specifically S.H. 121 South All portions within the city, generally 55 Frontage Road Station Park Drive All portions within the city, generally 20 U. S. 75 East All portions within the city, generally 55 Frontage Road U. S. 75 East All portions south of a point 400 feet north of 45 Frontage Road Millennium Drive, specifically U.S. 75 East All portions from a point 400 feet north of McDermott Drive to a point 0.719 miles south of Stacy Road, 40 Frontage Road specifically U.S. 75 West All portions within the city, generally 55 Frontage Road U.S. 75 West All portions south of a point 400 feet south of 45 Frontage Road McDermott Drive, specifically Ordinance No. 2467-12-05, Page 3 U.S. 75 West All portions from a point 400 feet south of McDermott Frontage Road Drive to a point 500 feet north of Village Way, 40 specifically U.S. 75 West All portions north of a point 500 feet north of Ridgeview Frontage Road Drive, specifically 45 Victorian Drive All portions within the city, generally 20 Watters Road All portions within the city, generally 45 (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. 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 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) 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 limit 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. Ordinance No. 2467-12-05, Page 4 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS TETE 13' DAY OF DECEMBER, 2005. APPROVED: Stephefi Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, Ofy ATTORNEY Shelley B. Geo TRMC, CITY SECRETARY Ordinance No. 2467-12-05, Page 5