O-1720-5-99ORDINANCE NO. 172D-5-99
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 LBIIIT UPON STATE
HIGHWAY 5, OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF
THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING
A SEVERABHdTY 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 prima facie
speed therein sin fort is greater or less than is reasonable or safe under the conditions found to exist at any intersection or
other place or upon any pan 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 Texas Codes Annotated, the following prima facie speed limits hereafter indicated for vehicles are hereby
determined and declared m 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 pans thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That 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 9-135(a) "Streets other than expressways and freeways," in part to establish the
maximum prima facie speed limit upon State Highway 5, 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
' State Hwy. 5 Beginning at a point (station 59+64) being the 55
north city limits of the City of Allen, and
continuing along State Highway 5 in a southerly
direction to the intersection at State Highway 5 and
Buckingham
State Hwy. 5 Thence continuing along State Highway 5 is a
' southerly direction for a distance of approximately 45
3.803 utile (station 272+00) being the south city
limits of the City of Allen
SECTION 2. The Traffic Engineer shall erect appropriate signage giving notice of the maximum prima
facie speed limit established herein.
SECTION 3. That 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. That 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. That 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 ($200.00) for each offense.
SECTION 7. That 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 6111 DAY OF MAY, 1999.
APPRROEED[Vn.:/,,,) lf op
Stephen Terre➢, MAYOR
APPROVED AS TO FORM: ATTEST:
'
Pete"� i/�i� 2d7iLiae�
r— G. Smith, CITY ATTORNEY iddy Mo� ��son, CMC, CITY SECRETARY
Ordimemce No. 1720-5-99 Page