O-1889-12-00ORDINANCE NO. 1889-12-00
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
ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED LIMITS FOR FARM TO
MARKET ROAD 2170 ALSO KNOWN AS McDERMOTT DRIVE AND EAST MAIN
STREET; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABHXFY 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, Collin County, Texas, upon the basis of an engineering and
traffic investigation heretofore made as authorized by the provisions of 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, described as follows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, 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, "Streets other than expressways and freeways," in part to establish the
maximum prima facie speed limit for Farm to Market Road 2170 also (mown as McDermott Drive and East
Main Street, 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
Farm -to -Market
From the west city limits in an easterly direction to a
40
Road 2170
point 100 feet east of Parkhurst Lane
(McDermott
Drive)
Farm -to -Market
From a point 100 feet east of Parkhurst Lane to a
45
Road 2170
point 100 feet west of Walters Crossing Drive
(McDermott Drive)
Farm -to -Market
From a point 100 feet west of Watters Crossing Drive
40
Road 2170
to a point approximately 200 feet east of Old Angel
(McDermott Drive)
Drive
Farm -to -Market
From a point 200 feet east of Old Angel Drive to 270
35
Road 2170
feet east of Cedar Drive.
(McDermott Drive)
Fara-to-Market
From a point 270 feet east of Cedar Drive to Malone
40
Road 2170
Road
(McDermott Drive
and Fast Main
Street)
Farm -to -Market
From Malone Road to the east city limns.
55
Road 2170
(East Main Street)
(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) for each such violation."
SECTION 2. The Traffic Engineer shall erect approprate signage giving notice of the maximum prima facie
speed limit established herein.
SEMON 3. All ordmances 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.
Ordinance No. 1889-12-00 , Page 2
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 (5200) 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, TEXAS, ON
THE 7TH DAY OF DECEMBER, 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM::�� ATTEST:
CJt�-.� AYJw c ��i d� i /1 ln..eiSAJ�C1 Peter G. G. Smith, PITY ATTORNEY Jusfy Mor son, CMC/AAE, CITY SECRETARY
Ordinance No. 1889-12-00 , Page 3