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O-2205-9-03ORDINANCE NO. 2205-9-03 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 9-137(6) TO AMEND SUBSECTION (16), DESIGNATING CERTAIN PORTIONS OF BETHANY DRIVE, CHEYENNE DRIVE, BRENDA LANE, MEREDITH DRIVE, SUZANNE DRIVE, HH.LCREST DRIVE, AND CASSANDRA LANE, AS SCHOOL ZONES FOR BOLIN ELEMENTARY SCHOOL WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR FOR MOTOR VEHICLES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABELM CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING 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 sheet 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. 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 9-137(b) in part, to amend Subsection 16 designating certain portions of Bethany Drive, Cheyenne Drive, Cassandra Lane, Hillcrest Drive, Suzanne Drive, Brenda Lane, and Meredith Drive as school zones for Bolin Elementary School with a maximum prima facie speed limit of twenty (20) miles per hour for motor vehicles, to read as follows: "Sec. 9-137 School zones; signs. 1 ... (b)... (16). Bolin Elementary: Twenty (20) miles per hour ' a. Beginning at a point on Cheyenne Drive, eighty-five (85) feet north of the intersection of Cheyenne Drive and Bethany Drive and continuing south along Cheyenne Drive to the City Limit. b. Beginning at the intersection of Cassandra Lane and Cheyenne Drive and continuing west along Cassandra Lane to a point seventy (70) feet west of the intersection of Cassandra Lane and Cheyenne Drive. C. Beginning at the intersection of Hillcrest Drive and Cheyenne Drive and continuing west along Hillcrest Drive to a point seventy (70) feet west of the intersection of Hillcrest Drive and Cheyenne Drive. d. Beginning at the intersection of Suzanne Drive and Cheyenne Drive and continuing east along Suzanne Drive to a point seventy (70) feet east of the intersection of Suzanne Drive and Cheyenne Drive. e. Beginning at the intersection of Brenda Lane and Cheyenne Drive and continuing east along Brenda Lane to a point seventy (70) feet west of the intersection of Brenda Lane and Cheyenne Drive. f Beginning at the intersection of Meredith Drive and Cheyenne Drive and continuing west along Meredith Drive to a point seventy (70) feet west of the intersection of Meredith Drive and Cheyenne Drive. g. On eastbound Bethany Drive beginning at a point 400 feet west of the intersection of Bethany Drive and Cheyenne Drive continuing east to a point 100 feet east of the intersection of Bethany Drive and Cheyenne Drive. h. On westbound Bethany Drive beginning at a point 400 feet east of the intersection of Bethany Drive and Cheyenne Drive continuing west to a point 100 feet west of the intersection of Bethany Drive and Cheyenne Drive." 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 aro 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 fall 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. Ordinance No. 2205-9-03 Page 2 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 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 9rm DAY OF SEPTEMBER 2003. APPROVED: Stephen errell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, ATTORNEY Shelley B. C*eoiW, TRMC, CITY Ordinance No. 2205-9-03. Page 3