O-859-6-88ORDINANCE NO. 8 5 9- 6- 8 8
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING
SECTION 1-40 OF THE ALLEN VEHICLE AND TRAFFIC CODE,
ORDINANCE NO. 259, AS PREVIOUSLY AMENDED BY ORDINANCE
NOS. 309, 482-12-83 AND 724-8-86, AND CHAPTER 9, "MOTOR
VEHICLES AND TRAFFIC", ARTICLE V, "OPERATION OF VEHICLES",
DIVISION 2, "SPEED REGULATIONS", SECTION 9-135 OF THE ALLEN
CODE OF ORDINANCES; ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION
169(b) OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON
JUPITER ROAD AND BETHANY DRIVE OR PARTS THEREOF WITHIN
THE CORPORATE LIMITS OF THE CITY OF ALLEN, AS SET OUT IN
THIS ORDINANCE; AND PROVIDING PENALTY CLAUSES,
SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.
WHEREAS, Section 169(b) of Article 6701(d), 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;
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:
Ordinance No. 859-6-88 - Page 1
SECTION 1. That Section 1-40 of the Allen Vehicle and Traffic Code,
Ordinance No. 259, as previously amended by Ordinance Nos. 309, 482-12-83 and
724-8-86, and the Allen Code of Ordinances, and particularly Chapter 9, "Motor
Vehicles and Traffic", Article V, "Operation of Vehicles", Division 2, "Speed
Regulations", Section 9-135, "Streets other than expressways and freeways", and any
other ordinance, or portion thereof, in conflict herewith, be and the same are hereby
amended as indicated below in Section 2 hereof. However, nothing herein contained
shall be construed as repealing, or conflicting with, prima facie maximum speed limits
established by Article 6701d, Section 166(a), Vernon's Texas Civil Statutes, as amended,
or by any ordinance of the City of Allen.
SECTION 2. That Section 1-40 of Ordinance No. 259, as previously amended
by Ordinance Nos. 309, 482-12-83 and 724-8-86, and the Allen Code of Ordinances, and
particularly Chapter 9, "Motor Vehicles and Traffic", Article V, "Operation of
Vehicles", Division 2, "Speed Regulations", Section 9-135, "Streets other than
expressways and freeways", be amended to now read as follows:
"(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
Bethany Drive
Beginning at a point being the east
35
right-of-way line of the intersection of
U.S. 75 East Frontage Road, thence
continuing in an easterly direction along
Bethany Drive for a distance of 1.1
miles, approximately
Bethany Drive
Thence continuing along Bethany ' Drive
40
in an easterly direction for a distance of
0.98 mile, approximately, to the
intersection of Allen Heights Drive
Farm -to -Market
All portions within the city
55
Road 1378
Farm -to -Market
Beginning at said point (Station 0+45)
55
Road 2170
being 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)
Ordinance No. 859-6-88 - Page 2
Farm -to -Market Thence continuing along Farm Road 2170
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
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
2170 in an easterly direction for a distance of
0.800 mile, approximately (to station
42+24)
45
30
30
Farm -to -Market Thence continuing along Farm Road 2170 35
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
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
2170 in an easterly direction for a distance of
0.341 mile, approximately (to station
125+00)
Farm -to -Market Thence continuing along Farm Road 2170 55
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 All portions within the city 55
Road 2551
Jupiter Road Beginning at a point being the south 40
right-of-way line of the intersection of
Farm Road 2170 (Main Street), thence
continuing in a southerly direction along
Jupiter Road for a distance of 0.8 mile,
approximately
Jupiter Road Thence continuing along Jupiter Road in 35
a southerly direction for a distance of
1.26 miles, approximately, to the south
right-of-way line of the intersection fo
Chaparral, said point being the south
city limits of the City of Allen
State Hwy. 5 Beginning at the north city limits 55
(station 59+64) and continuing south for
approximately 1.051 miles (to station
115+2)
State Hwy. 5 Thence continuing south for 50
approximately 0.850 miles (to station
160+00)
State Hwy. 5 Thence continuing south for a distance 40
of approximately 0.757 mile (to station
200+00)
Ordinance No. ' 859-6-88 - Page 3
State Hwy. 5
Thence continuing south for a distance
50
of approximately 1.364 miles to the
southern city limits boundary (station
272+00)
U.S. 75 East
Beginning at a point (station 565+20)
55
Frontage Road
being at Stacy Road, thence continuing
in a southerly direction along U.S. 75
East Frontage Road for a distance of
0.719 mile, approximately
U.S. 75 East
Thence continuing along U.S. 75 East
40
Frontage Road
Frontage Road in a southerly direction
for a distance of 1.733 miles,
approximately
U.S. 75 East
Thence continuing along U.S. 5 East
45
Frontage Road
Frontage Road in a southerly direction
for a distance of 1.468 miles,
approximately, said point (station
358+20) being the south city limits
U.S. 75 West
Beginning at a point (station 660+20)
45
Frontage Road
being at north city limits thence
continuing in a southerly direction along
U.S. 75 West Frontage Road for a
distance of 1.000 mile, approximately
U.S. 75 West
Thence continuing along U.S. 75 West
55
Frontage Road
Frontage Road for a distance of 2.751
miles, approximately
U.S. 75 West
Thence continuing along U.S. 75 West
40
Frontage Road
Frontage Road for a distance of 0.500
mile, approximately
U.S. 75 West Thence continuing along U.S. 75 West 45
Frontage Road Frontage Road for a distance of 1.468
miles, approximately, said point (station
358+20) being the south city limits
(b) Any person violating any provision of this section shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in the sum of not more than two hundred dollars ($200.00) for each
such violation."
SECTION 3. 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
hereby declares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
Ordinance No. 859-6-88 - Page 4
SECTION 4. 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, ON THIS THE 2ND DAY OF JUNE , 1988.
APPROVED AS TO FORM:
A. Don ttorney
I
APPROVED:
Joe Tarmer, Mayor
ATTEST:
N'\ ajA,l�
Marty Hendrix, CM6., City Secretary
Ordinance No. 859-6-88 - Page 5
I
EXHIBIT
CITY OF ALLEN
ENGINEERING AND TRAFFIC INVESTIGATION
PORTIONS OF JUPITER ROAD AND BETHANY DRIVE
BETHANY DRIVE
Bethany Drive was constructed of appropriate width, design, to
conform to the City of Allen subdivision requirements allowing a
design speed of 40 MILES PER HOUR.
Traffic investigation onl Section A of Bethany Drive begin-
ning at the east right-of-way of the intersection of U.S. 75
and commencing eastward. approximately 1.1 miles has been
determined to substantiate a safe speed of 35 MILES PER HOUR
because of the following,conditions:
1. Numerous curves within a one -mile distance.
2. Railroad crossing. 1
3. Substandard stacking distances in left -turn lanes.
4. School and shopping center traffic at intersection of
Jupiter.
Bethany Drive, Section B, commencing at a point approxi-
mately 1.1 miles east of U.S. 75 is primarily planned for
residential development consisting of entryways onto the
thoroughfare only by way of collector streets and warrants a
speed limit of 40 MILES PER HOUR.
JUPITER ROAD
Jupiter Road was constructed of appropriate width, design, to
conform to the City of Allen subdivision requirements allowing a
design speed of 40 MILES PER HOUR.
Traffic investigation for Section A of Jupiter Road begin-
ning at the southern right-of-way line of the intersection
of F.M. 2170 and commencing southward approximately 0.$
miles to the residential alley north of White Oak Drive is
primarily undeveloped, and will be planned in accordance
with traffic intersections that warrant -a speed of 40 MILES
PER HOUR.
Jupiter Road Section B, beginning at a point approximately
0.8 miles south of the southern right-of-way line of the
intersection of F.M. 2170 and commencing southward approxi-
mately 1.26 miles to the intersection of Chaparral Drive was
developed prior to the City's present requirements and has
numerous residential streets and alleys intersecting with
the thoroughfare every 100 to 200 feet along the west side;
and because of these numerous intersections, a safe speed
factor is indicated at a reduction to 35 MILES PER HOUR for
this section.
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"EXHIBIT"
F.M. 2170
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Bethany Drive - Sec. B x
0.98 Miles Approximately 40 MPH
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CHAPARRAI,
SPEED ZONE STRIP MAP
Bethany Drive-U.S.75 to Allen Heights
Jupiter Road-F.M.2170 to Chaparral
SCALE = 1"=1200'