O-2113-11-02ORDINANCE NO. 2113-11-02
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
ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR ANGEL
PARKWAY BETWEEN EXCHANGE PARKWAY AND FM 2170, AND BETHANY
DRIVE BETWEEN ALLEN HEIGHTS DRIVE AND MALONE ROAD; AND BY
REVISING SPEED LIMIT ON BETHANY DRIVE BETWEEN US 75 AND ALMA
DRIVE 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 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 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 and revise the maximum prima facie speed limit upon Angel
Parkway and Bethany Drive, 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:
Street Extent Speed
Add
Angel Parkway Between Exchange Parkway and FM2170. 40
Bethany Drive Between Alma Drive and Bel Air Drive 45
' Bethany Drive Between Bel Air Drive and US75 40
Bethany Drive Between Allen Heights Drive and Malone 40
Road
Delete
Bethany Drive Beginning at a point being the east right -of- 40
way line of the intersection of U.S. 75 East
Frontage Road, thence continuing in a westerly
direction along Bethany Drive to the
intersection of Alma 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, phrase or section of this ordmance
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 m
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 he 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 firm 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. 2113-11-02, Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
' COUNTY, TEXAS, ON THIS THE 26m DAY OF NOVEMBER, 2002.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith,
C
Ordinance No. 2113-11-02, Page 3
CMC/MMCA, CITY SECRETARY