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O-1014-1-91NV==:] CITY OF ALLEN THE STATE OF TEXAS S COUNTY OF COLLIN S CITY OF ALLEN S This amendment (Ordinance No. 1014-1-91) to the Code of Vehicle and Traffic Ordinances (Ordinance No. 259, as previously amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-88 and 962-12-89) has been duly adopted by the governing body of the City of Allen on this 3rd day of January, A.D., 1991, in the manner required by law and does hereby amend Chapter 9, Article V, Division 2, Section 9-135 of the Allen Code of Ordinances and 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 �a and publication,as required by law. Ma r, City of Allen, Texas ATTEST: AL Cig Sec tary, City of Allen, Texas ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 ORDINANCE NO. 1014-1-91 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, 724-8-86, 859-6-88 AND 962-12-89, 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 FARM -TO -MARKET 2170, 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: SECTION 1. That Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as previously amended by Ordinance Nos. 309, 482-12-839 724-8-86 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(x), 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, 859-6-88 and 962-12-89, 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 in an 40 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 2.655 miles, approximately (to Station 140+65) Farm -to -Market Thence continuing along Farm Road 2170 in 45 2170 an easterly direction for a distance of 0.453 mile, approximately (to station 164+60) Farm -to -Market Thence continuing along Farm Road 2170 in 35 2170 an easterly direction for a distance of 0.766 mile, approximately (to station 41+10) Farm -to -Market Thence continuing along Farm Road 2170 in 40 2170 an easterly direction for a distance of 1.248 miles, approximately (to station 107+00) Farm -to -Market Thence continuing along Farm Road 2170 in 50 2170 an easterly direction for a distance of 0.341 mile, approximately (to station 125+00) Farm -to -Market Thence continuing along Farm Road 2170 in 55 2170 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 Ordinance No. 1014-1-91 Page 2 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 a 35 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 35 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 55 59+64) and continuing south for approximately 1.051 miles (to station 115+2) State Hwy. 5 Thence continuing south for approximately 50 0.850 miles (to station 160+00) State Hwy. 5 Thence continuing south for a distance of 40 approximately 0.757 mile (to station 200+00) State Hwy. 5 Thence continuing south for a distance of 50 approximately 1.364 miles to the southern city limits boundary (station 272+00) 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 Ordinance No. 1014-1-91 Page 3 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, 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,TEXAS, ON THIS THE 3RD DAY -OF -JANUARY, 1991. APPROVED AS TO FORM: �A.Don Crowder, CITY ATTORNEY APPROVED: 4-40 -- Jo6 Farmer, MAYOR ATTEST: J �Morson, CITY SECRETARY Ordinance No. 1014-1-91 Page 4 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 1014-1-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday January 9, 1991 & Sunday January 13,_1991 and which was issued on January 9, 1991 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publicati is attached hereto. SUBSCRIBED AND SWORN to before me this k� day ofA.D. 19 17/ EM.A. TODDYCOM�ISSIONEXPIPES5,1992 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 0 . 5 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday; January 3, 1991 (Title and Penalty Clause only): Ordinance No. 1014-1-91: An Ordinance of the City of Allen, Collin County, Texas; Amending Section 1-40 of the Allen Vehi, cle and Traffic Code, Ordinance No. 259„ as Previously Amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-88 and 962-12-89, and Chapter 9, "Motor Vehicles and Traffic," Article V; "Operation of Vehicles," Division 2, "Speed Regula tions," 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 Sta-' tutes, Upon Farm -to -Market 2170, or Parts Thereof, Within the Corporate Limits of the City of Allen, as Set out in this Ordinance; and Providing Penalty Clauses, Severabil; ity Clauses and an Effective Date. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of two hundred dollars ($200.00) for each violation. A copy of this ordinance may be read or purchased in the office of the City Secre= tary, City of Allen, One Butler Circle, Allen; Texas 75002. /s/Judy Morrison ,City Secretary T r CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR (qq I ORDINANCE/RESOLUTION 10 DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (nu er) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered. C