O-820-10-87ORDINANCE NO. 820-10-87 :
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING
CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC", ARTICLE V,
"OPERATION OF VEHICLES", DIVISION 2, "SPEED AND REGULATIONS',
SECION 9-137, OF THE ALLEN CODE OF ORDINANCES, AND ARTICLE
VI, DIVISION 2, AND SECTION 1-46, "SPEED IN SCHOOL ZONES; SIGNS
IN SCHOOL ZONES", OF THE ALLEN VEHICLE AND TRAFFIC CODE,
ORDINANCE 259, AS PREVIOUSLY AMENDED BY ORDINANCE NO.
340, OF THE CITY OF ALLEN, TEXAS; ALTERING ESTABLISHED
ZONES; ALTERING PRIMA 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 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,
Ordinance No. 820-10-87 - Page 1
WHEREAS, the governing body finds it necessary for the protection and sarety or
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 Chapter 9, "Motor Vehicles and Traffic", Article V,
"Operation of Vehicles", Division 2, "Speed Regulations", Section 9-137, of the Allen
Code of Ordinances and Ordinance No. 259, as previously amended by Ordinance No.
340, of the City of Allen, Texas, 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 II: That Ordinance No. 259, as previously amended by Ordinance
No. 340, of the City of Allen, and particularly Article VI, Division 2, Section 1-46
thereof, and Chapter 9, "Motor Vehicles and Traffic", Article V, "Operation of
Vehicles", Division 2, "Speed Regulations", Section 9-137, of the Allen Code of
Ordinances be amended to now read as follows:
"A person commits an offense if he operates or drives a vehicle in
a school traffic zone in the following designated areas or on the following
designated streets at a speed greater than the speed designated by this
Ordinance No. 820-10-87 - Page 2
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 High School and D. L. Roundtree Elementary
School: Twenty-five (25) miles per hour
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.
2. 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.
Ordinance No. 820-10-87 - - Page 3
3.
4.
5.
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.
Alton Boyd Elementary School: Twenty (20) miles per
hour
a. Beginning at a point on Jupiter Road between Red Oak
Street and English Oak Street and continuing in a
Southerly direction on Jupiter Road to the interseciton
of Jupiter Road and Oldbridge Drive.
b. Beginning at the intersection of Jupiter Road and
Oldbridge Drive and continuing in a northerly direction
on Jupiter Road to a point between Red Oak Street
and English Oak Street.
C. Beginning at a point on Bethany Road 250 feet east of
the intersection of Bethany Road and State Highway 5
and continuing in an easterly direction on Bethany
Road -to a point 300 feet west of the intersection of
Bethany Road and Fairlawn Street.
d. Beginning at a point on Bethany Road 300 feet west of
the intersection of Bethany Road and Fairlawn Street
and continuing west on Bethany Road to a point 250
feet east of the intersection of Bethany Road and
State Highway 5.
Lovejoy Elementary School: Twenty (20) miles per hour
Beginning at a point on Farm -to -Market Road 1378,
1611 feet North of the intersection of Rock Ridge
Road and Farm -to -Market Road 1378, and continuing
in a northerly direction on Farm -to -Market Road 1378,
809 feet to a point 1905 feet South of the intersection
of Stacy Road and Farm -to -Market Road 1378.
Gene M. Reed Elementary School: Twenty (20) miles per
hour
a. Beginning at a point 20 feet north of the intersection
of Timbercreek Court and Allen Heights Road and
continuing in a northerly direction on Allen Heights
Road 1104 feet to a point 200 feet north of the
intersection of Rivercrest Boulevard and Allen Heights
Road.
b.
Beginning at a point 200 feet north of the intersection
of Rivercrest Boulevard and Allen Heights Road and
Ordinance No. 820-10-87 - - Page 4
continuing in a southerly direction on Allen Heights
Road 1104 feet to a point 20 feet north of the
intersection of Timbercreek Court and Allen Heights
Road.
C. Beginning at a point 200 feet east of the intersection
of Allen Heights Road and Rivercrest Boulevard and
continuing in a westerly direction on Rivercrest
Boulevard 1478 feet to a point 20 feet east of the
intersection of Sandy Creek Drive and Rivercrest
Boulevard.
d. Beginning at ,a point 20 feet east of the intersection of
Sandy Creek Drive and Rivercrest Boulevard and
continuing in an easterly direction on Rivercrest
Boulevard 1478 feet to a point 200 feet east of the
intersection of Allen Heights Road and Rivercrest
Boulevard.
6. Alvis C. Story Elementary School: Twenty (20) miles per
hour
a. Beginning at a point on Malone Road 60 feet south of
the intersection of Malone Road and Sunflower Drive
and continuing in a southerly direction on Malone Road
to a point 790 feet south of the intersection of Malone
Road and Edelweiss Road.
b. Beginning at a point on Malone Road 790 feet south of
the intersection of Malone Road and Edelweiss Road
and continuing in a northerly direction on Malone Road
to a point 60 feet south of the intersection of Malone
Road and Sunflower Drive.
C. Beginning at a point on Azalea Drive 60 feet north of
the interseciton of Azalea Drive and Edelweiss Road
and continuing in a southerly direction on Azalea
Drive to a point on Azalea Drive north of the
intersection of Azalea Drive and Gardenia Drive.
d. Beginning at a point on Azalea Drive north of the
intersection of Azalea Drive and Gardenia Drive and
continuing in a northerly direction on Azalea Drive to
a point 60 feet north of the intersection of Azalea
Drive and Edelweiss Drive.
e. Beginning at a point on Edelweiss Road 210 feet west
of the intersection of Edelweiss Road and Azalea
Drive and continuing in an easterly direction to the
interseciton of Edelweiss Road and Malone Road.
f. Beginning at the intersection of Edelweiss Road and
Malone Road and continuing in a westerly direction to
a point on Edelweiss Road 210 feet west of the
intersection of Edelweiss Road and Malone Road.
7. W. E. "Pete" Ford Middle School: Twenty (20) miles per
hour
a. Beginning at a point on Park Place Drive 970 feet east
of the intersection of Jupiter Road and Park Place
Drive and continuing in an easterly direction on Park
Place Drive to a point 860 feet west of the
intersection of Hill Haven Drive and Park Place Drive.
Ordinance No. 820-10-87 - Page 5
b. Beginning at a point on Park Place Drive 860 feet west
of the intersection of Hill Haven Drive and Park Place
Drive and continuing in a westerly direction on Park
Place Drive to a point 970 feet east of the
intersection ofJupiter Road and Park Place Drive.
C. Beginning at a point on Wandering Way Drive 135 feet
north of the intersection of Wandering Way Drive and
Park Place Drive and continuing in a southerly
direction on Wandering Way Drive to the intersection
of Wandering Way Drive and Park Place Drive.
d. Beginning at the intersection of Park Place Drive and
Wandering Way Drive and continuing in a northerly
direction on Wandering Way Drive to a point 135 feet
north of the intersection of Park Place Drive and
Wandering Way Drive.
'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.
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 III: 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, paragraph or section of this Ordinance; and the City Council
Ordinance No. 820-10-87-' - Page 6
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
f
1st DAY OF OCTOBER , 1987.
o• Me.• •• •: •
ATTEST:
Marty Hendrix, CMQ, City Secretary
APPROVED AS TO FORM:
A. Don r w er, ty Attorney
Ordinance No. 820-10-87 . - Page 7
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE 1\IE, the undersigned authority, on this day personally appeared R. WAYNE `VEDGENVORTH, \vho having been by me duly
s\\ orn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a ne\,spaper published in Collin County, Teas, not less fralucntly than once a
Nveek, having a general circulation in said county, and having been published regularly and continuously for more than twelve months
prior to publishing
Public Notice — Ord #820-20-87 and 821-10-87
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
nd 14. 1987
and \vhich was issued on October 7, 1987
of Collin County, Texas. A printed copy of said publication i
SUBSCRIBED AND SWORN to before me this 18th
Publisher's fee S 33.30
PUBLIC NOTICE
Notice is hereby given that the following
ordinances were adopted by the Allen City
Council at their regular -meeting held on.
Thursday, October 1, 1987 (Titles and'
Penalty Clauses only):
Ordinance No.,820-10-87: An Ordi-
nance of the City of Allen, Texas,,Amend-
ing Chapter 9, Motor Vehicles and Traff-
ic",
raff is", Article V, "Operation of Vehicles", Divi-
sion 2, "Speed and Regulations", Section
9-137, of the Allen Code of Ordinances,
and Article VI; Division'2; and Section 1-46,
"Speed in School Zones; Signs in School
Zones", of the Allen Vehicle and Traffic
Code, Ordinance 259, as Previously
Amended by Ordinance No. 340, of the
City of Allen, Texas; Altering Established
Zones; Altering Prima Maximum Speed
Limits Established in Such Zones During
Certain Periods in School Days; Defining
Such Periods and "School Days"; Making
It Unlawful to Pass Within School Zones;
Providing Penalty Clauses, Severability
Clause, with an Effective Date.
It shall be unlawful for any person' to
drive or operate a motor vehicle through a
school zone as designated and estab-
lished 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 over-
take and pass another vehicle being driven,
in the same direction upon the same direc-1
tion 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
1
herein designated during the periods
herein designated at a rate of speed in
excess of the prima facie maximum speed That any pe son, firm or corporation',
limits herein designated for such school `violating any of the provisions or terms of
zones. this ordinance shall be subject to the same
I Any person violating any provision of this penalty as provided for in Planned Deve-
Ordinance shall be deemed guilty of a lopment No. 7 of the City of Allen, and upon
misdemeanor and upon conviction thereof conviction shall be punished by a fine set
shall be fined in the sum of not more than not to exceed the sum of One Thousand
(Two Hundred and No/100 Dollars Dollars ($1,000.00) for each offense.
($200.00) for each such violation. Copies of these ordinances may be read
Ordinance No. 821-10-87: An Ordi- or purchased in the Office of the City
nance of the City of Allen, Collin County, Secretary, City of Allen, One Butler Circle,
Texas; Amending Ordinance No. 398-7-82 Allen, Texas.
as Delineated on the Official Zoning Map
j
as PD-TH No. 7; Providing for Amendment," Marty Hendrix; CMC
to the Declaration of Covenants, Restric CITY SECRETARY
tions, and Conditions to Allow Six Foote
Fences, Wood Only, Adjacent to ai(TO BE PUBLISHED IN THE ALLEN
Common Greenbelt; Providing for a Penal- AMERICAN ON WEDNESDAY, OCTOB-1
ty; Providing for an Effective Date; and ER 7, 1987 AND SUNDAY, OCTOBER 11,
Providina for Publication of the Caption. 11 9R7)
Citv of Alle
day of oyember A.D. 19 87
Notary Pub a in and for Collin County, Texas
, &) � a -a5 -sq
ms iegai was io appear on sunaay,)
)ctober 11, 1987 and was inadvertently
)miffed due to an error made by the Allen
\merican and is therefore appearing this
Nednesday, October 14, 1987.
CITY OF ALLEN
PUBLIC NOTICE
e
Notice is hereby given that the following,
)rdinances were adopted by the Allen City;
:ouncil at their regular meeting.held on
Fhursday, October ,1, 1987 (Titles an
'enalty Clauses only): 0
Ordinance No.. 820-10-87: An Ordi-
iance of the City of Allen, Texas, Amend
ng Chapter 9, "Motor Vehicles and Traff+
c' , Article V, "Operation of Vehicles", Divi I
;ion 2, "Speed and Regulations", Section{
i-137, of the Allen Code of Ordinances,
ind Article VI, Division 2, and Section 1-46,
Speed in School Zones; Signs in School.
'-ones", of the Allen Vehicle and Traffic
'ode, Ordinance 259, as Previously
kmended by Ordinance No. 340, of the
'ity,of Allen, Texas; Altering Established.
?ones; Altering Prima Maximum Speed
.emits Established in Such Zones During
'ertain Periods in School Days; Definingli
Such Periods and "School Days"; Making
t Unlawful to'Pass Within School Zones;
'roviding Penalty Clauses, Severability
'lause, with an Effective Date.
It shall be unlawful for any person to
inve or operate a motor vehicle through a
,chool zone as designated 'and estab�
ished herein during such periods of time
)n school days, when there, is either a
lashing warning signal in operation
cautioning motorists to proceed with care,
it when appropriate signs are in place and
:onspicuous, in such a manner as to over-
ake and pass another vehicle being driven
1 the same direction upon the same direc
ion upon the same street within said',
;chool zonb.
It shall be unlawful.for any person to
Irive or operate a vehicle on a public street
)r highway through the school zones
ierein designated during the periods
ierein designated at a rate of speed in
!xcess of the prima facie maximum speed
mits herein designated for such school
:ones.
Any person violating any provision of this
)rdinance -shall be deemed guilty of a
nisdemeanor and upon conviction thereof
Pall be fined in the sum of not more than
wo Hundred and No/100 Dollars
v. -,,-,V-o/. Mn ural=
nance of the City of Allen, Collin County,
Texas, Amending Ordinance No. 398-7-82
as Delineated' on the Official Zoning Map
as PD-TH No. 7; Providing for Amendment,
to the Declaration of Covenants, Restrid
tions, and Conditions to Allow Six'Foot.
Fences,4Wood Only, Adjacent to a
Common Greenbelt; Providing fora Penal-
ty; Providing for an Effective Date; and
Providing for Publication of the Caption.
That any person, firm or corporation
✓iolating any of the provisions or terms of
his ordinance shall be subject to the same
)enalty as provided for in Planned Deve-
opment No. 7 of the City of Allen, and upon
conviction shall be punished by a fine set
not to exceed the sum of One.Thousan
Dollars ($1,000.00) for'each offense.
Copies of these ordinances may be read
or purchased in the Office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas. Y
BE PUBLISHED IN THE•ALLEN
ERICAN ON WEDNESDAY, OCTOBI
7, 1987 AND SUNDAY, OCTOBER 11
,7)