O-962-12-89CITY OF ALLEN
THE STATE OF TEXAS S
COUNTY OF COLLIN §
CITY OF ALLEN S
This amendment (Ordinance No. 962-12-89) to the Code of Vehicle and Traffic
Ordinances (Ordinance No. 259, as previously amended by Ordinance Nos. 309,
482-12-83, 724-8-86 and 859-6-88) has been duly adopted by the governing body of the
City of Allen on this 21st day of December, A.D., 1989, in the manner required by law
and does hereby amend Article VI, Division 2, "Speed Regulations", Section 1-40,
"Streets Other Than Expressways and Freeways", of the Allen Vehicle and Traffic Code,
also known by its short title of "Allen Traffic Ordinances", and shall become effective
immediately from and after its passage and publication as required by law.
ayor, City of Allen, Texas
ATTEST: -
r
f
i
y Secr tary, City of Allen, Texas
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100 METRO 214/424-7518
ORDINANCE NO. 962-12-89
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING SECTION
1-40 OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE NO. 2599 AS
PREVIOUSLY AMENDED BY ORDINANCE NOS. 309, 482-12-83, 724-8-86 AND
859-6-88, 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
MCDERMOTT DRIVE, BETWEEN ALLEN DRIVE AND S.H. 5, AND 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:
Ordinance No. 962-12-89 - Page 1
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 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, 724-8-86 and 859-6-88, 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, 724-8-86 and 859-6-88, 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.
Ordinance No. 962-12-89 - Page 2
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 in
40
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) 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
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
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
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
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)
Ordinance No. 962-12-89 - Page 3
Farm -to -Market Thence continuing along Farm Road 2170
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
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
50
55
Farm -to -Market All portions within the city 55
Road 2551
Jupiter Road Beginning at a point being the south
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 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
McDermott Drive Beginning at a point being the east
right-of-way line of Allen Drive at its
intersection with McDermott Drive, thence
continuing in an easterly direction along
McDermott Drive approximately 0.59 miles
to the west right-of-way line of S.H. 5
State Hwy. 5 Beginning at the north city limits (station
59+64) and continuing south for
approximately 1.051 miles (to station
115+2)
State Hwy. 5 Thence continuing south for approximately
0.850 miles (to station 160+00)
State Hwy. 5 Thence continuing south for a distance of
approximately 0.757 mile (to station
200+00)
State Hwy. 5 Thence continuing south for a distance of
approximately 1.364 miles to the southern
city limits boundary (station 272+00)
Ordinance No. 962-12-89 - Page 4
40
35
35
55
50
40
50
U.S. 75 East
Beginning at a point (station 565+20) being
55
Frontage Road
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) being
45
Frontage Road
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,
Ordinance No. 962-12-89 - Page 5
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 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,
TERAS, ON THIS THE 21ST DAY OF DECEMBER, 1989.
APPROVED AS TO FORM:
7-
A. Don Crow er, City At-tbrney
APPROVED:
� . AM44��
J Farmer, Mayor
ATTEST:
4Jy Mo son, City Secretary
u
Ordinance No. 962-12-89 - Page 6
EXHIBIT
CITY OF ALLEN
ENGINEERING AND TRAFFIC INVESTIGATION
MC DERMOTT DRIVE (FROM ALLEN DRIVE EASTWARD TO S.H. 5)
McDermott Drive (F.M. 2170) was constructed in accordance with
engineering design and approval by the State Department of
Highways and Public Transportation allowing a design speed of 35
miles per hour.
Traffic investigation on McDermott Drive beginning at the east
right-of-way of the intersec--ion of Allen Drive and commencing
eastward to the west right-of-way line of the intersection of
S.H. 5 (Greenville Avenue) has been determined to substantiate a
safe speed of 35 MILES PER HOUR because of the following condi-
tions:
1. SDHPT approved design standards.
2. Railroad crossing.
3. Six lanes combining with 4 lanes.
4. Numerous driveway cuts to existing residential proper-
ties.
5. Reduction to two lanes east of the S.H. 5 intersection.
6. Merging emergency traffic from Central Fire Station and
Police and Courts building.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
ORDINANCE #962-12-89
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on -Dec. 2 7, 1989 , by r i t e o f A 1 1 p n
of Collin County, Texas. A printed copy of said publication is attached hereto.
- A _ I
SUBSCRIBED AND SWORN to before me this day of,
p!!'' •: V.A. TODD
j MY COMMISSION EXPIRES
December 5, 1982
Publisher's fee $
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen` City
Council adopted the following ordinance at�
their regular meeting held on Thursdays
December 21, 1989 (Title and Penalty.
Clause only).
,ORDINANCE NO. 962 -12 -89: -An OrdiJ
nance of the'City of Allen, Texas,,Arridnd-�
ing Section 1-40 of the Allen Vehicle and)
Traffic Code, Ordinance No. 259, as Previ
ously Amended by Ordinance No.s 309,
482-12-83, 724-8-86 and 859-6-88, 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 ford
Vehicles Under the Provisions of Section
2/169(B) of Article 6701 d, Vernon's Texas
Civil Statutes, upon McDermott Drive, Be-
tween Allen Drive and S.H. ,5, and within
the Corporate Limits of the City of Allen, as
Set out in_this Ordinance; -and Providing
Penalty Clauses; Severabiliy Clauses and
Ean Effective Date.
A,copy of this ordinance may be read i
or
purchased in the office of the City Secret -ii
.ary, City of Allen, One Butler Circle, Allen,l
Texas 75002.
Any person violating any provisi6n of this p
section shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall
ibe fined in the sum of not more than two
hundred dollars ($200.00) for each such
violation.
s/Judy Morrison,
City Secretary
, A.D. 191?0
a , j��-.cC-rL'J
Public in and for Collin County, Texas
�^ CITY OF ALLEN l
PUBLIC NOTICE
Notice is hereby given that the Allen City
"Council adopted the following ordinance at
their' regular meeting held;on°Thursday,
December"21, 1989 (Title and Penalty'
Clause only): —.71 j - I , i ...
ORDINANCE NO? 962-12=89: Ah.Ordi-
nance of the City of Allen, Texas,,Aniend-'
,ing Section 1-40 6f. the Allen Vehicle'and
Traffic Code; Ordinance No. 259, as Previ-
ously Amended by Ordinance No.'s 309;
'482-12=83; 724-8-86'and 859-6-88, ands,
Chapter 9; "Motor Vehicles and Traffic";
FArticle`V, "Operation'of Vehicles", Division
2, "Speed Regulations", -Section 9-135 of
the Allen Code of Ordinances; Altering the
Prima FacielSpeed'Limi&Established for
Vehicles Under the Provisions of Section'
2/.169(B) of Article 6701d, Vernon's Texas
Civil Statutes, upon McDermott Drive, Be''
tween Allen Drive and S.H. 5; and -within
the Corporate Limits of the City of Allen, as'
[set out in this Ordinance' and Providing
Penalty Clauses, Severabllly Clauses and,
an.Effective Date. -- - t(
A copy of this ordinance may be read or,
purchased in the office of the City Secret=
ary, City of Allen, One Butler Circle, Allen!
Texas 75002. - ' '
Any person violating any provision of this
section shall be deemed guilty of a misde-`
meanor and upon conviction thereof shall
,be fined in the sum of not more than two`
kFiundred dollars ($200.00) 'for each succi
violation. I
hs/Judy Morrison " • '' Jly
CCiry,Secretary