O-994-8-90r
ffl�===
CITY OF ALLEN
THE STATE OF TEXAS S
COUNTY OF COLLIN S
CITY OF ALLEN S
This amendment (Ordinance No. 994-8-90) to the Code of Vehicle and Traffic
Ordinances (Ordinance No. 259, as previously amended by Ordinance Nos. 274, 309,
329, 340, 935-8-89 and 972-2-90) has been duly adopted by the governing body of
the City of Allen on this 2nd day of August, A.D., 1990, in the manner required by
law and does hereby amend Chapter 9, Article V, Division 2, Section 9-137 of the
Allen Code of Ordinances and Article VI, Division 2, "Speed Regulations," Section
1-46, "Speed in School Zones; Signs in School Zones," 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.
or, City of Allen, Texas
ATTEST:
y Secibtary, City of Allen, Texas
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100
ORDINANCE NO. 994-8-90 f
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING CHAPTER
99 "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF
VEHICLES," DIVISION 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,
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
Ordinance No. 994-8-90 - Page 1
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,
t
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 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, 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.
Ordinance No. 994-8-90 - Page 2
SECTION II: That Ordinance No. 259, as previously amended, 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 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 eneineer. 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. Rountree 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 east of the intersection of Farm -to -Market Road
2170 and Roaring Springs Drive.
b. Beginning at a point east of the intersection of Farm -to -Market
Road 2170 and Roaring Springs Road 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. Rountree Elementary School: Twenty
(20) miles per hour
Ordinance No. 994-8-90 - Page 3
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.
3. 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 intersection of Jupiter Road and Oldbridge
4 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 200 feet east
of the intersection of Bethany Road and Jupiter Road.
d. Beginning at a point on Bethany Road 200 feet east of the
intersection of Bethany Road and Jupiter Road and continuing
west on Bethany Road to a point 250 feet east of the intersection
of Bethany Road and State Highway 5.
Ordinance No. 994-8-90 - Page 4
4. 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.
5. 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 Drive and continuing in a
northerly direction on Allen Heights Drive 1104 feet to a point
200 feet north of the intersection of Rivercrest Boulevard and
Allen Heights Drive.
b. Beginning at a point 200 feet north of the intersection of
Rivercrest Boulevard and Allen Heights Drive and continuing in a
southerly direction on Allen Heights Drive 1104 feet to a point 20
feet north of the intersection of Timbercreek Court and Allen
Heights Drive.
C. Beginning at a point 200 feet east of the intersection of Allen
Heights Drive 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 Drive and
Rivercrest Boulevard.
e. Beginning at a point 60 feet south of the intersection of
Timbercreek Drive and Fountain Gate Drive and continuing in a
northerly direction on Fountain Gate Drive to the intersection of
Fountain Gate Drive and Timbercreek Drive.
f. Beginning at the intersection of Fountain Gate Drive and
Timbercreek Drive and continuing in a easterly direction on
Timbercreek Drive a distance of approximately 1,550 feet to the
intersection of Timbercreek Drive and Allen Heights Drive.
g. Beginning at the intersection of Timbercreek Drive and Allen
Heights Drive and continuing in a westerly direction on
Timbercreek Drive a distance of approximately 1,550 feet to the
intersection of Timbercreek Drive and Fountain Gate Drive.
h. Beginning at the intersection of Fountain Gate Drive and
Timbercreek Drive and continuing in a southerly direction on
Ordinance No. 994-8-90 - Page 5
Fountain Gate Drive to a point 60 feet feet south of the
intersection of Fountain Gate Drive and Timbercreek Drive.
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
intersection 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 intersection 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.
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 of Jupiter 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
Ordinance No. 994-8-90 - Page 6
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.
8. Vaughn Elementary School: Twenty (20)' miles per hour
a. Beginning at a point on Cottonwood Drive east of the alley
located to the east of Blackstone • Drive and continuing in an
easterly and southerly direction on Cottonwood Drive to a point
north of the alley located to the north of Clearcrest Lane.
b. Beginning at a point on Cottonwood Drive north of the alley
located ' to the north of Clearcrest Lane and continuing in a
northerly and westerly direction on Cottonwood Drive to a point
on Cottonwood Drive east of th alley located to the east of
Blackstone Drive.
C. Beginning at a point on Deerlake Drive 40 feet north of Deerlake
Drive and Cottonwood Drive and continuing in a southerly
direction on Deerlake Drive to the intersection of Deerlake Drive
and Cottonwood Drive.
d. Beginning at the intersection of Cottonwood Drive and Deerlake
Drive and continuing in a northerly direction on Deerlake Drive to
a point 40 feet north of the intersection of Cottonwood Drive and
Deerlake 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 4:30 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.
Ordinance No. 994-8-90 - Page 7
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 j'ud`gment 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.
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 2ND DAY OF AUGUST, 1990.
,,,
APPROVED AS TO FORM:
A. Don , Attorne
Jok Farmer, Mayor
ATTEST:
J Mor son, City Secretary
Ordinance No. 994-8-90 - Page 8
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published- regularly and continously
for more than twelve (12) months prior to publishing
Ordinance #994-8-90 '
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday August 8, 1990 & Sunday August 12, 1990
and which was issued on August 8, 1990
by City of Allen of COLLIN COUNTY, TEXAS.
A'printed copy of said publ!*pAion is attached hereto.
SUBSCRIBED AND SWORN to before me this &— day of A.D. 19 90
r °"►« V.A. TODD
MY COMMISSION EXPIRES
December 3,1282
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 2 . 7 6
l�
f/424 Legal. Notices ,f
r_
CITY OF ALLEN
•Pul "NUf fCE, ,!
I „Notice is hereby given that the^Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday.,
August 2, 1990 (Title and Penalty% Clause
only).
ORDINANCE NO.'994-8-90 An Ordi-
nance of the City of Allen, Collin County;
Texas, Amending Chapter 9, "Motor` Vehi,
cles'and Traffic," Article V, "Operation'of
Vehicles," Division 2, "Speed and Regula-
tions," 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, Vehi=
cle and Traffic Code,.Ordinance 259, as
Previously Amended, of the,Cdy of Allen;
Texas; Altering, Established Zones; Alter-,
ing Prima Maximum Speed Limits Esfab-
lished in Such Zones During Certain Per;
iods on School Days; Defining Such Per,
iods.and "School Days%; Making it
Unlawful to'Pass Within -School Zones;
Providing'Penalty Clauses, Severability
Clauses and an Effective Date.
Any person violating any of this Ordinance
i shall be deemed guilty of,a misdemeanor'
and upon conviction shall be fined in' the.
sum of not more than Two Hundred and
No/100 `Dollars ($200.00) for each "such
violation.
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.
/s/Judy Morrison.
LCrty Secretary
�CITY OF ALLEN -
PUBLIC NOTICE
-PUBLIC
"Notice is hereby given that,the Allen City
Council adopted the folloWingordf nance at
their regular meeting held,on'Thursday,
August 2;,1990 (Title and Penalfy Clause
only)" r .r ,
ORDINANCE NO. 994-8&90: An.Ordi-
t
nance of the City of Allen;'Collin County;
Texas, Amending Chapter 9, "Motor'Vehi,
cies and Traffic;" Article V, "Operation of
Vehicles," Division'2,"Speed and Regula-'
tions," 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 Vehi=
cle'and Traffic Code, Ordinance 259, as
Previously Amended, of the -City of, Allen,
Texas; Altering Established Zones; Alter,
ing Prima Maximum Speed Limits EMab-
lished in Such'Zones'During Certain Per-
iods on School Days; Defining Such Per-
iods•and "School. Days"; Making it
Unlawful to Pass Within School Zones;
Providing Penalty Clauses, Severability
Clauses acid an Effective Date:.• -
Any person violating any of this Ordipoce
shall be deemed guilty of a misdernea&r '
and upon conviction shall be fined In�,thd
sum,of not more than Two Hundred anal
No/100 Dollars ($200,00) for each such
violation. '
A'Copy of this -ordinance •may be read 4or
purchased in the office of'fhe City'Secret=
ary, City of Allen, One Butler Circle, Allen;
,
Texas 75002.
/s/Judy Morrison ,, •, +,_ �'r �,
City Secretary