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O-2192-7-03ORDINANCE NO. 2192-7-03 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 ADD SUBSECTION (14 DESIGNATING CERTAIN PORTIONS OF ALLEN HEIGHTS DRIVE, CHARLESTON DRIVE, STABLERUN DRIVE AND MCCOY COURT AS SCHOOL ZONES FOR MARION 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 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 prints 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 m 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 add subsection 16 designating certain portions of Allen Heights Drive, Charleston Drive, Stablenm Drive and McCoy Court as school zones for Marion Elementary School with a maximum prima facie speed limit of twenty (20) miles per hour fm motor vehicles, to read as follows: "Sec. 9-137 School zones; signs. M (17). Marion Elementary: Twenty (20) miles per hour ' a. Beginning at a point on Allen Heights Drive, two hundred (200) feet north of the intersection of Allen Heights Drive and Charleston Drive and continuing south along Allen Heights Drive to a point two hundred (200) feet south of the intersection of Allen Heights Drive and Stablemn Drive. b. Beginning at a point on Charleston Drive, seventy-five (75) feet east of the intersection of Charleston Drive and Allen Heights Drive and continuing west along Charleston Drive through the intersection of Charleston Drive and Stablerun Drive. C. Beginning at a point on Stablerun Drive, seventy—five (75) feet east of the intersection of Stablerun Drive and Allen Heights Drive and continuing northwest along Stableran Drive to a point one hundred fifty (150) feet north of the intersection of Stablerun Drive and Charleston Drive. d. Beginning at the intersection of McCoy Court and Stablerun Drive and continuing east along McCoy Court to a point seventy-five (75) feet east of the intersection of McCoy Court and Stablemm Drive. SECTION 2. The Traffic Engineer shall erect appropriate signage giving notice of the maximum prima facie speed limit established herein. ' SECITON 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. I 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 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. Ordinance No. 2192-7-03, Page 2 C I DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF JULY, 2003. APPROVED: Stt;yhe` Terrell, MAYOR APPROVED AS TO FORM: ATTEST: eter G. Smit , CITY ATTORNEY Shelley B. George, C, CITY SktREiARY Ordinance No. 2192-7-03. Page 3