O-3527-10-17ORDINANCE NO. 3527-10-17
' 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
AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT ON A SEGMENT OF
CHAPPARAL ROAD BETWEEN MALONE ROAD AND ANGEL PARKWAY AND
REMOVE REFERENCES TO SPEED LIMITS ON U.S. 75 MAIN LANES AND
FRONTAGE ROADS, AND AMEND SECTION 9-136, TO AMEND THE MAXIMUM
PRIMA FACIE SPEED LIMIT FOR U.S. 75 MAIN LANES AND FRONTAGE ROADS
WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR
A REPEALING CLAUSE; PROVIDING FOR 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, 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 Texas Department of Transportation has jurisdictional control of U.S. Highway 75, and
evaluates and determines prudent and reasonable speeds for the main lanes and frontage roads within the City;
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 limns 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) to amend the maximum prima facie speed limits upon the segment of Chaparral
Road from east of Malone Road to its intersection with Angel Parkway/FM 2551 by adding the following:
"Section 9-135. Streets other than expressways and freeways.
(a) .....
Chaparral Road All portions east of Malone Road to Angel Parkway/FM 2551 40
SECTION 2. 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) to remove the following language relating to the maximum prima facie speed limits
upon U.S. 75 Main Lanes within the corporate limits of the city:
"Sec. 9-135. Streets other than expressways and freeways.
(a) .....
1
SECTION 3. 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 9-136 "Expressways; Freeway" in its entirety to amend the maximum prima facie speed
limit upon U.S. 75 Main Lanes and Frontage Roads within the corporate limits of the city:
"Sec. 9-136. Expressways; freeways.
A person commits an offense if he operates or drives a vehicle on the following designated roads or
highways at a speed greater than is reasonable and prudent under the circumstances then and there existing.
Any speed in excess of the limit provided in this section shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful:
Street
Extent
Speed Limit
StreetExtent
As set forth in compliance with the speed
U.S. 75 Main Lanes
All portions within the city, generally
(miles per hour)
U.S. 75 Main Lanes
All portions within the city, generally
70
U.S. 75 East
All portions within the city, generally
55
Frontage Road
All portions within the city, generally
limits set by the State of Texas pursuant
U.S. East
Allportions south of Bethany Drive, specifically
50
Fronta a
a Road
U.S. 75 East
All portions north of Bethany Drive to a point 1,280 feet north of
Frontage Road
Millennium Drive, specifically
45
U.S. 75 East
All portions from Exchange Parkway to a point 2,800 feet north of
Frontage Road
Exchange Parkway, specifically
45
U.S. 75 East
All portions north of a point 1,280 feet north of Millennium Drive to
40
Frontage Road
Exchange Parkway, specifically
U.S. 75 West
All portions north of Bethany Drive to a point 200 feet south of Allen
45
Frontage Road
Drive, specifically
U.S. 75 West
All portions north to a point 200 feet south of Allen Drive, specifically
50
Fronta a Road
U.S. 75 West
All portions within the city, generally
55
Frontage Road
U.S. 75 West
All portions south of a point 320 feet south of Motorsport Court,
Frontage Road
specifically
45"
SECTION 3. 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 9-136 "Expressways; Freeway" in its entirety to amend the maximum prima facie speed
limit upon U.S. 75 Main Lanes and Frontage Roads within the corporate limits of the city:
"Sec. 9-136. Expressways; freeways.
A person commits an offense if he operates or drives a vehicle on the following designated roads or
highways at a speed greater than is reasonable and prudent under the circumstances then and there existing.
Any speed in excess of the limit provided in this section shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful:
Street
Extent
Speed Limit
miles per how
As set forth in compliance with the speed
U.S. 75 Main Lanes
All portions within the city, generally
limits set by the State of Texas pursuant
to the Texas Transportation Code.
As set forth in compliance with the speed
U.S. 75 Frontage Roads
All portions within the city, generally
limits set by the State of Texas pursuant
to the Texas Transponation Code.
Ordinance No. 3527-10-17, Page 2
SECTION 4. As the Texas Department of Transportation installs and maintains the speed limit signage along
' U.S. Highway 75 main lanes and frontage roads, the Texas Department of Transportation shall erect appropriate
signals, signage, and markings giving notice of the maximum prima facie speed limit established herein.
Furthermore, The City Manager or his designee shall erect official signs giving notice of the speed limits
designated herein on City sheets.
SECTION 5. 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 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Cade of Ordinances, as amended, in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 7. 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 & 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 9. 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 Director of Engineering or his designee, or the Texas Department of Transportation, as applicable, 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 24T" DAY OF OCTOBER 2017.
APPROVED:
Stephei Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
�A(,O
Peter G. Staith,4CITY ATTORNEY
(UL 10-16-179691163)
S�"etley B. e, TRMC, C SECRETARY
Ordinance No. 3527-10-17 Page 3