O-309-8-80=i ti
ORDINANCE NO. 309
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING ARTICLE
VI, DIVISION 2, "SPEED REGULATIONS", SECTION 1-40, "STREETS OTHER THAN
EXPRESSWAYS AND FREEWAYS", AND 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; ALTERING PRIMA
FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
SECTION 169(b) OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON
FARM ROAD HIGHWAY NO. 2170 OR PARTS THEREOF, WITHIN THE
INCORPORATE LIMITS OF THE CITY OF ALLEN, AS SET OUT IN THIS
ORDINANCE; ALTERING ESTABLISHED ZONES; ALTERING PRIMA FACIE
MAXIMUM SPEED LIMITS ESTABLISHED IN SUCH ZONES DURING CERTAIN
PERIODS ON SCHOOL DAYS; DEFINING SUCH PERIODS AND "SCHOOL DAYS";
MAKING IT UNLAWFUL TO PASS WITHIN SCHOOL ZONES; PROVIDING
PENALTY CLAUSES, SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.
WHEREAS, Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, 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
Ordinance No. 309 - Page 1
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 some instances, 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
Upon the basis of an engineering and traffic investigation heretofore made as authorized
by the provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, 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:
Section I: That Ordinance No. 295 of the City of Allen, Texas, known also as the
"Allen Traffic Ordinances" and the Allen "Vehicle and Traffic Code", and particularly Article
VI, Divison 2, "Speed Regulations", Section 1-40, "Streets Other Than Expressways and
Freeways", 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 established by Article 6701d, Section 166(x), Vernon's Texas Civil Statutes, as amended,
or by any ordinance of the City of Allen.
Ordinance No. 309 - Page 2
Section II: That Ordinance No. 259 of the City of Allen, and particularly Article
VI, Division 2, Section 1-40 thereof, be amended to now read as follows:
"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 Beginning at said point (Station 0+45) being 55
Road 2170 the West City Limits of the City of Allen,
Texas, thence continuing along Farm Road
2170 in an Easterly direction for a distance
of 2.569 miles, approximately, (to Station
136+12).
Farm -to -Market Thence continuing along Farm Road 2170 45
Road 2170 in an Easterly direction for a distance of
0.450 mile, approximately (to Station
159+88).
Farm -to -Market Thence continuing along Farm Road 2170 30
Road 2170 in an Easterly direction for a distance of
0.200 mile, approximately, (to' Station
170+44).
Farm -to -Market Thence continuing along Farm Road 2170 30
Road 2170 in an Easterly direction for a distance of
0.800 mile, approximately, (to Station
42+24).
Farm -to -Market Thence continuing along Farm Road 2170 35
Road 2170 in an Easterly direction for a distance of
0.355 mile, approximately, (to Station
61+00).
Farm -to -Market Thence continuing along Farm Road 2170 40
Road 2170 in an Easterly direction for a distance of
0.871 mile, approximately, (to Station
107+00).
Farm -to -Market Thence continuing along Farm Road 2170 50
Road 2170 in an Easterly direction for a distance of
0.341 mile, approximately, (to Station
125+00).
Ordinance No. 309 - Page 3
Farm -to -Market Thence continuing along Farm Road 2170
Road 2170 in an Easterly direction for a distance of
1.205 miles, approximately, to a point
(Station 188+65) being the East City Limits
of the City of Allen.
Farm -to -Market
Road 2551
Farm -to -Market
Road 1378
State Hwy. 5
State Hwy. 5
State Hwy. 5
State Hwy. 5
Section III:
All portions within the city.
All portions within the city.
Beginning at north city limits and
continuing south for approximately 1.9
miles.
Thence continuing south for approximately
0.757 miles.
Thence continuing south for a distance of
approximately 1.243 miles.
Thence continuing south to the southern
city limits boundary.
55
55
55
55
40
50
55
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 IV 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 IV: That Ordinance No. 259, as previously amended by Ordinance No. 274,
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 or drive's a vehicle in a school
traffic zone in the following designated areas or on the following designated
Ordinance No. 309 - Page 4
streets at a speed greater than the speed designated by this section for that area or
street or portion thereof, 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. 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, warnings or signs,
which street markings, warnings 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 flashing warnings and/or signs advising
motorists of the speed limit are placed in conspicuous places.
In accordance with the recommendations of the traffic engineer, the
following 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 and on such streets on school days, when either a flashing warning signal
is in operation, or when appropriate signs are in place and conspicuous, shall be as
follows:
1. Allen Middle School: Twenty (20) miles per hour
a. Beginning at a point on Cedar Drive 100 feet South of the
intersection of Cedar Drive and Main Street and continuing in a
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: Twenty-
five (25) miles per hour
Ordinance No. 309 - Page 5
a. Beginning at a point on Farm -to -Market Road 2170 70 feet East
of the intersection of Farm -to -Market Road 2170 and Jupiter
Road and continuing in an Easterly direction on Farm -to -Market
Road 2170 to 120 feet West of the intersection of Farm -to -
Market Road 2170 and Greeting Gate Lane.
b. Beginning at a point on Farm -to -Market Road 2170 120 feet West
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 70 feet East of the intersection of Farm -to -
Market Road 2170 and Jupiter Road.
3. Allen High School and D. L. Roundtree Elementary School: Twenty
(20) miles per hour
a. 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.
b. 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.
C. 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.
d. Beginning at a point on Melody Mall Lane at its intersection with
Farm -to -Market Road 2170 and continuing in a Southerly
direction on Melody Mall Lane to the intersection of Melody Mall
Lane and Leading Lane Drive.
e. 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.
f. 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.
4. Alton Boyd Elementary School: Twenty (20) miles per hour
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.
Ordinance No. 309 - Page 6
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, and for purposes of this speed ordinance, shall include the time period
between the hours of 7:00 A.M. and 4:00 P.M. on such days. 1.
It shall be unlawful for any person to drive or .operate a motor vehicle
through a school zone as designated and established herein during such periods of
time, on school days, when there is either a flashing warning signal in operation
cautioning motorists to proceed with care, or when appropriate signs are in place
and conspicuous, 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 periods
herein designated at a rate of speed in excess of the prima facie maximum speed
limits herein designated for such school zones.
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 V: 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
unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence,
Ordinance No. 309 - Page 7
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 VI: 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 AUGUST, A.D., 1980.
M.IS. Piers -on, Mayor
ATTEST:
6t -e' J
&=�' - -
J elle Dalsing, City Secretary 0
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 309 - Page 8
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 y�
of which the attached is a true and written copy, and
was published in THE ALLEN AMERICAN on
and which was issued on L&66Lz k;'Z'J-2 , by
of Collin County, Texas. A pri ted copy of said publication is a . chess, hereto.
SUBSCRIBED AND SWORN to before me this day
Publisher's Fee $ s
, A.D. 199�'D .
otary PutVc in and for "n County, Texas
ORDINANCE N0.309
An Ordinance of the City
of Allen, Texas, amending
Article,; VI, Division
Se -
..Spm . ReguStree s Sec.
tion 1-40,
thOr
'than expressways and
freeways", ;and Section
1.46, "Speed, In.;school
zones; I signs In, school
zories,% of The Allen Vehicle
and Traffic Code, Ordinance
259 of-'the City of Allen,
Texas; altering Prima Facie
speed limits established for
vehicles • under the. provi-
sloris 'of--Sectlon 169(b) of
'Article:%701d,. Vernon's
Texas CI411 Statutes, upon
Farm' Road'HighwayNo.
2170,-•or, parts thereof;'
within the Incorporate limits
lof' the' City of Allen, as set
OngOrdinance;ut In this
established zones; alter-
Ing Prima Facie maximum
speed limits established in
such zones during -certain
periods on school days;
defining such periods and
It
'School Days ;88 akin thin
unlawful to�• P rovlding
School: -Zones; P
PenaltyClauses, Severablll-
ty Clauses and an effective
date.the City
Duly Passed by
Council of the City of Allen,
Texas, on the 21st day of
August, 1980. `Approved: {
- _-s•M:B. Plerson,
_ - Mayor
f �
Atter: ,
s•Juanelle Dalsing,
CIty,Secretary
(Published In tthe" Allan;
American Monday, August
26 and Thursday, August 28,
logo). _ ,
ORDINANCE NO. 309
An Ordinance of the City,
of Allen, Texas, amending
Article ; VI, Division 2,1
E"Speed Regulations", Sec-
tion 1.40, _ "Streets other +
than expressways and
freeways"; and Section
1-46, "Speed Inschool
zones; signs In -school
zones", of The Allen Vehicle
and Traffic Code, Ordinance,
1259 of, the City of Allen,
Texas; altering Prima Facie
speed limits established for
vehlcles< under` the provl-
sions,.of Section 169(b) of
Article `6701d,: Vernon's
Texas Civil -Statutes, upon
Farm Road 'Highway No.
2170, 'or 'parts: thereof,
within the Incorporate limits
of the City of Allen, as set
out In this Ordinance; alter -
Ing established zones; alter -
Ing Prima Facie maximum
speed limits established In
such zones during certain
periods on school days;
defining such periods and
"School Days", making it
unlawful to pass within
School Zones; providing
Penalty Clauses, Severabili-
ty Clauses and an effective
date.
Duly Passed by the City
Council of the City of Allen,
Texas, on the 21st day of
August, 1980.
Approved:
-s-M.B. Pierson,
Mayor
'Attes:
-s-Juanelle Dalsing, o
City Secretary
(Published In the Allen
American Monday, August
25 and Thursday, August 28,
1980). 1