O-2204-9-03ORDINANCE NO. 2204-9-03
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,- DMSION 2, "SPEED REGULATIONS," SECTION 9-137(6) TO
AMEND SUBSECTION (3), DESIGNATING CERTAIN PORTIONS OF
COMANCHE DRIVE AS SCHOOL ZONES FOR GREEN ELEMENTARY SCHOOL
WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER
HOUR FOR MOTOR VEHICLES; REMOVING SECTIONS OF COMANCHE
DRIVE AND ALMA DRIVE AS SCHOOL ZONES; PROVIDING A REPEALING
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
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, Vemon'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 Teras 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 3 designating certain portions Comanche Drive as a
school zone for Green 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.
(3). Green Elementary: Twenty (20) miles per hour
a. Beginning at a point on Comanche Dnve 141 feet south of the intersection of Hockley Court
and Comanche Drive and continuing in a south easterly direction along Comanche Drive to a
point 180 feet west of the intersection of Alma Drive and Comanche 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 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, please 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
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 9" DAY OF SEPTEMBER 2003.
APPROVED: OVQDD:
'ROr _
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
' Peter G. Smith, C ATTORNEY She ley B. Georg C, CFFY3ECREI
Ordinance No. 2204-9-03, Page 2