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O-274-9-79en CITY OF ALLEN P.O. BOX 487 - ALLEN, TEXAS 75002 214-727-3336 - 214-424-5918 M B PIERSON _ MAYOR JOE FARMER _ MAYOR PRO TEMPORE CHARLES CHANDLER COUNCILMAN, PLACE 2 H R DAUGHERTY COUNCILMAN, PLACE 3 GLENN ANDREW COUNCILMAN. PLACE 4 ' REX WOMACK ' COUNCILMAN. PLACE 5 THE STATE OF TEXAS § RICHARD L CHUMBLEY COUNCILMAN, PLACE 6 COUNTY OF COLLIN CITY OF ALLEN § JON MCCARTY CITY MANAGER This_ amendment _(Ordinance No. 274) to the Code of Vehicle and Traffic JUANELLE COOKSEY CITY SECRETARY Ordinances (Ordinance No:, 259) has been duly adopted by the governing body of WALTER CURTIS - X ESSORCOLLECTOR the City of Allen on this the 20th day of September, A.D., 1979, in. the GLEN SWSWANER "' ' MUNICIPAL JUDGE - ANTHONY HANCOCK =manner required by law and does hereby amend Article VI, Division 2, "Speed CHIEF OF POLICE JIMMY EATON Regulations", Section 1-46, "Speed in School Zones; Signs in .School Zones",—of DIRECTOR OF PUBLIC WORKS RON GENTRY the Allen Vehicle and Traffic Code,_ also known by its _short title of "Allen . FIRE CHIEF B R Traffic Ordinances" FIREMARSHAL � Y and shall become effective immediate) from and after its FIRE MA ROLAND H COMMONS LIBRARIAN passage and publication as required by law. -. Mayor, City of Allen, Texas I ATTEST: C'Secretary, City of Allen, Texas p,�.�.Gt,�-�,�,� �,.1 cam, - ,�,�_a� -� �� , ► i � q r ORDINANCE NO. 274 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING ARTICLE VI, DIMION 2, "SPEED REGULATIONS", SECTION 1,46, 'SPEED IN SCHOOL ZONES; SIGNS IN SCHOOL ZONES", OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE 259 OF THE CITY OF ALLEN, TEXAS; ESTABLISHING SCHOOL ZONES; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS AT 20 MILES PER HOUR IN SUCH ZONES DURING CERTAIN TIME PERIODS ON SCHOOL DAYS; DEFINING "SCHOOL DAYS"; MAKING IT UNLAWFUL TO PASS WITHIN SCHOOL ZONES; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 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 Article 6701d, Section 166(a), Vernon's Texas Civil Statutes, as amended, and by certain ordinances of the City of Allen, within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Allen, Collin County, Texas, and in the immediate vacinity of school areas, during periods of time when schools are in session and school children are going to and from schools and playgrounds; and, WHEREAS, the governing body finds it necessary for the protection and safety of pedestrians crossing the streets within such areas to prohibit the overtaking and passing of motor vehicles by other motor vehicles within the school zones; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section L That Ordinance No. 259 of the City of Allen, Texas, known also as the "Allen Traffic Ordinances" and the Allen "Vehicle and Traffic Code", and particularly Article VI, Division 2, "Speed Regulations", Section 1-46, "Speed in School Zones; Signs in School Zones", and any other ordinance, or portion thereof, in conflict herewith, be and the same are hereby amended as below indicated in Section II hereof. However, nothing herein contained shall be construed as repealing, or conflicting with, prima facie maximum speed limits applicable during time periods, other than the time periods herein enumerated, as the same having been established by Article 6701d, Section 166(a), Vernon's Texas Civil Statutes, as amended, or by any ordinance of the City of Allen. Section IL That Ordinance No. 259 of the City of Allen, and particularly Article VI, Division 2, Section 1-46 thereof, be amended to now read as follows: "A person commits an offense if he operates a vehicle in a school traffic zone at a speed greater than 20 miles per hour, and any speed in excess of 20 miles per hour shall be prima facie evidence that the speed is not reasonable nor prudent and is unlawful. On the basis of recommendations of the traffic engineer, determined on the basis of engineering and traffic surveys, the City Council shall designate school traffic zones with appropriate street markings or signs, which street markings or.signs shall be placed at the school zones by the traffic engineer. The speed limit designated for school traffic zones shall be effective only at times when appropriate signs advising motorists of the speed limit are placed in conspicuous places. In accordance with the recommendations of the traffic engineer, the follow- ing designated locations and areas are declared to be school zones and the maximum speed limit for all motor vehicles operated within such areas and locations between the hours of 7:00 A.M. and 9:00 A.M., and 2:00 P.M. and 4:00 P.M. on school days `shall be twenty (20) miles per hour: 1. Allen Middle School a. Beginning at a point on Cedar Drive 100 feet South of the intersection of Cedar Drive and Main Street and continuing in a Ordinance No. 274 - Page 2 Southerly direction on Cedar Drive to 35 feet North of the intersection of Cedar Drive and Ellis Drive. b. Beginning at a point on Cedar Drive 35 feet North of the intersection of Cedar Drive and Ellis Drive and continuing in a Northerly direction on Cedar Drive to 100 feet South of the intersection of Cedar Drive and Main Street. C. Beginning at a point on Belmont Drive at its intersection with Cedar Drive and continuing in a Westerly direction on Belmont Drive to the intersection of Belmont Drive and Ash Drive. d. Beginning at a point on McDermott Drive 95 feet East of the intersection of McDermott Drive and Ash Drive and continuing in an Easterly direction on McDermott Drive to 165 feet East of the intersection of McDermott Drive and Young Street. e. Beginning at a point on McDermott Drive 165 feet East of the intersection of McDermott Drive and Young Street and continuing in a Westerly direction on McDermott Drive to 95 feet East of the intersection of McDermott Drive and Ash Drive. 2. Allen High School and D. L. Roundtree Elementary School a. Beginning at a point on Farm -to -Market Road 2170 375 feet East of the intersection of Farm -to -Market Road 2170 and State Highway 5 and continuing -in an Easterly direction on Farm -to - Market Road 2170 to 590 feet East of the intersection of Farm - to -Market Road 2170 and Greeting Gate Lane. b. Beginning at a point on Farm -to -Market Road 2170 590 feet East of the intersection of Farm -to -Market Road 2170 and Greeting Gate Lane and continuing in a Westerly direction on Farm -to - Market Road 2170 to 375 feet East of the intersection of Farm - to -Market Road 2170 and State Highway 5. C. Beginning at a point on Leading Lane Drive at its intersection with Grassy Glen Drive and continuing in an Easterly direction on Leading Lane Drive to the intersection of Leading Lane Drive and Greeting Gate Lane. d. Beginning at a point -on Leading Lane Drive at its intersection with Greeting Gate Lane and continuing in a Westerly direction on Leading Lane Drive to the intersection of Leading Lane Drive and Grassy Glen Drive. e. Beginning at a point on Melody Mall Lane at its intersection with Leading Lane Drive and continuing in a Northerly direction on Melody Mall Lane to the intersection of Melody Mall Lane and Farm -to -Market Road 2170. f. Beginning at a point on Melody Mall Lane at its intersection with Farm -to -Market Road 2170 and continuing in a Southerly direc- tion on Melody Mall Lane to the intersection of Melody Mall Lane and Leading Lane Drive. Ordinance No. 274 - Page 3 g. Beginning at a point on Jupiter Road 120• feet South of the intersection of Jupiter Road and State Highway 5 and continuing in a Southerly direction on Jupiter Road to 365 feet South of the intersection of Jupiter Road and Farm -to -Market Road 2170. h. Beginning at a point on Jupiter Road 365 feet South of the intersection of Jupiter Road and Farm -to -Market Road 2170 and continuing in a Northerly direction on Jupiter Road to 120 feet South of the intersection of Jupiter Road and State Highway 5. 3. Alton Boyd Elementary School a. Beginning at a point on Jupiter Road 590 feet North of the intersection of Jupiter Road and Bethany Drive and continuing in a Southerly direction on Jupiter Road to the intersection of Jupiter Road and Cumberland Drive. b. Beginning at a point on Jupiter Road at its intersection with Cumberland Drive and continuing, in a Northerly direction on Jupiter Road to 590 feet North of the intersection of Jupiter Road and Bethany Drive. C. Beginning at a point on Bethany Drive 90 feet East of the intersection of Bethany Drive and State Highway 5 and continuing in an Easterly direction on Bethany Drive to the intersection of Bethany Drive and Jupiter Road. d. Beginning at a point on Bethany Drive at its intersection with Jupiter Road and continuing in a Westerly direction on Bethany Drive to 90 feet East of the intersection of Bethany Drive and State Highway 5. 'School Days', as that term is used herein, shall be each Monday through Friday throughout the calendar year when the school nearest the school zone is in session. It shall be unlawful for any person to drive or operate a motor vehicle through a school zone as designated and established herein between the hours of 7:00 A.M. and 9:00 A.M., and 2:00 P.M. and 4:00 P.M. on school days in such a manner as to overtake and pass another vehicle being driven in the same direction upon the same street within said school zone. It shall be unlawful for any person to drive or operate a vehicle on a public street or highway through the school zones herein designated during the time periods herein designated at a rate of speed in excess of the prima facie maximum speed limits herein designated for such school zones. Ordinance No. 274 - Page 4 ` Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not more than Two Hundred and No/100 Dollars ($200.00) for each such violation." Section HL It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence or section of this Ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitution- ality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. Section IV. This Ordinance shall become effective immediately from and after its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THIS THE DAY OF SEPTEMBER, A.D., 1979. WB. P erson, Mayor ATTEST: J� elle Cooksey, City Secretaryi APPROVED AS TO FORM: A. Don Crowder, City Attorne Ordinance No. 274 - Page 5 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS ORDINANCE NO. 274 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING ARTICLE VI, DIVISION 2, "SPEED REGULATIONS", SECTION 1,46, "SPEED IN SCHOOL ZONES; SIGNS IN SCHOOL ZONES", OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE 259 OF THE CITY OF ALLEN, TEXAS; ESTABLISHING SCHOOL ZONES; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS AT 20 MILES PER HOUR IN SUCH ZONES DURING CERTAIN TIME PERIODS ON SCHOOL DAYS; DEFINING "SCHOOL DAYS"; MAKING IT UNLAWFUL TO PASS WITHIN SCHOOL ZONES; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Allen, Texas, on the J01 day of September, 1979. APPROVED: MAYOR ATTEST: CITY SE7R Published in the Allen American Monday September 24 and Thursday, September 27, 1979• AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was pu} lished in THE ALLEN AMERICAN on and which was issued on , by of Collin County, Texas. -A p ted copy o said publication is atached hereto. SUBSCRIBED AND SWORN to before me this day o , A.D. 19 . Not Public in and for Collin County, Tex ' Publisher's Fee $ n� Da =1 AL --NOTICES= AN ORD16M_-e�jOF THE -CITY OF ALLEN,. TEXAS, E ORDINANCE NO. 274 C� J, 1 I An ordinance of the City of 'Allen, Texas, amending Arti- cle • VI, _ Division 2, "Speed Regulations", Section 11-46, `"Speed in • School - Zones;, 'Signs in School Zones", of the Allen Vehicle and Traffic. Code, Ordinance 259 of the H City of. Allen, Texas;, estab- - lishing school' zones; estab- i lisping prima facie maximum - speed limits -at, 20 miles •peri hour in such zones during certain time periods on school - days; defining "School,i Days"; making it unlawful to Pass within, school zones; i Providing a penalty clause, a severability clause and an effective, date. DULY PASSED by_the City Council of the City of Allen, " Texas, on the 20th day of September, 1979. r' APPROVED: J -s-M.B."Pierson, Mayor ATTEST. 1~ yj "s-Juaaelle Cooksey; City Secretay [Published in the Allen Am- erican on Monday, Sept. 24 and Thursday,, Sept. 27.1 1 ti AN ORDINANCE OF THE 'PITY OF ALLEN; TEXAS.; z . le9a� Notice: CCITOY OFINANCE OF THEALLEN, TEXAS a ORDINANCE NO. 274 Anen, Te=eao" :c,e of the City of All, amending Ay- cle VI, Don 2, Speed Regulations", Section, I Speed '�,I Signa in S% School I Allen Vehicle d of the Code, Ordinance 269 of the i ffic City of Allen, Tem: f th lishing school zones; estab- Lshing Prima facie maximum I -speed limits at 20 mile, per M hour in ouch zones during certain time periods on school days; defining "School Days";,mkiag"it unlawful to 'Pass within school zones; pro'vidin8a persalt cGuae a effecseverability clause- and, as tive date. ----�-.-. . DULY PASSED by the City i Council of the City of Allen, Tia, on the 20th day of 11 September, 1979. f -s-M.B.. APPROVED: Pierson, Mayor a-JuamellATTEST: City Secrr Cooksey I [Published in the Allen Am. �� oa Monday, Sept. 24 and Thuraday, Sept. 27.1 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior topublishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on , by of Collin County, Texas. A p ted copy o said publication is a SUBSCRIBED AND SWORN to before me this day hereto. , A.D. 19-25-7 Notary blic in and for Collin County, Publisher's Fee $ J ! �0 V Legal Notice:-')' PUBLIC HEARING A Public Hearing will be held Thursday, September 6,1 1979, at 7:30 p.m. at Roun- tree Library on a request for a' rate increase proposed by; ,Lone Star Gas Company. hThe hearing will be held before the Allen City Council. Anyone wanting • to speak "for" or "agi<inst" the propo- Msal is invited to attend. -s•Juanelle Cooksey, _City Secretary,