O-1475-11-96CITY OF ALLEN
THE STATE OF TEXAS §
COUNTY OF COLON §
IIC �* �Axfy wmmj
This amendment (Ordinance No. 1475-11-96) to the Code of Vehicle and Traffic
Ordinances (Ordinance No. 259, as previously amended by Ordinance No. 309, 482-12-83,
724-8-86, 859-6-88, 962-12-89, 1014-1-91, 1053-10-91, 1177-5-93 and 1204-10-93) has been
duly adopted by the governing body of the City of Allen on this 21st day of November, A.D.,
1996, 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 and publication as required
by law.
ATTEST:
1!Y—
Sec ary, City of Allen, Texas
Mayor, City of Allen, V's
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100
ORDINANCE NO. 1475-11-96
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, 962-12-89, 1014-1-91, 1053-10-91, 1177-5-93 AND 1204-10-93, 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 LIMI'T'S ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF V.T.0-4 , TRANSPORTATION CODE SECTION 545.356,
UPON ALMA DRIVE, ALLEN HEIGHTS, BETHANY DRIVE, CENTURY
PARKWAY, EXCHANGE BOULEVARD, MILIENNIUM DRIVE, AND STATE
HIGHWAY 5, OR PARTS THEREOF, WITHIN THE CORPORATE LI1VII'IS OF
THE CITY OF ALLEN, AS SET OUT IN THIS ORDINANCE; AND
PROVIDING PENALTY CLAUSES,, SEVERABILITY CLAUSES AND AN
DATE.
WHEREAS, Section 545.356 of the Transportation Code, Vernon's Texas Codes Annotated, 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, taldng 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, -1 UEFORE, 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 545.356 of the Transportation Code, Vernon's Texas Codes Annotated, 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: 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, 1014-1-91, 1053-10-91, 1177-5-93 and
1204-10-93, 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
Section 545.351 of the Transportation Code, Vernon's Texas Codes Annotated, as amended, or by any
ordinance of the City of Allen.
SECTION 2: Section 1-40 of Ordinance No. 259, as previously amended by Ordinance Nos. 309,482-
12-83, 724-8-86, 859-6-88, 962-12-89, 1014-1-91, 1053-10-91, 1177-5-93 and 1204-10-93, 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
Allen Heights
All portions south of F.M. 2170
40
Allen Heights
All portions north of F.M. 2170
35
Alma Drive
All portions south of McDermott Drive
40
Alma Drive
Beginning at a point on Alma Drive at its
40
intersection with McDermott Drive, thence
continuing in a northerly direction on Alma Drive
for a distance of 0.322 mile, approximately
Alma Drive
Thence continuing along Alma Drive in a
35
northerly direction for a distance of 0.189 miles,
approximately
Alma Drive
Thence continuing along Alma Drive in a
40
northerly direction to its intersection with
Exchange Boulevard
Bethany Drive
Beginning at a point being the east right-of-way
40
line of the intersection of U.S. 75 East Frontage
Road, thence continuing in an easterly direction
along Bethany Drive for a distance of 0.720 miles,
approximately, to the intersection of of S.H. 5
Bethany Drive
Thence continuing along Bethany Drive a distance
35
of 0.35 mile, approximately, to the intersection of
Jupiter Road
Bethany Drive
Thence continuing along Bethany Drive a distance
40
of 0.98 mile, approximately, to the intersection of
Allen Heights Drive
Century Parkway
All portions within the city
40
Exchange
Beginning at a point on Exchange Boulevard at its
40
Boulevard
intersection with Rowlett Creek, thence
continuing in a easterly direction on Exchange
Boulevard to its intersection with S.H. 5
Farm -to -Market
All portions within the city
55
Road 1378
Farm -to -Market Beginning at said point (Station 0+45) being the 55
Road 2170 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)
Ordinance No. 1475-11-96 Page 2
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 0.453 mile,
approximately (to station 164+60)
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 0.766 mile,
approximately (to station 41+10)
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 1.248 miles,
approximately (to station 107+00)
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 0.341 mile,
approximately (to station 125+00)
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 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
45
35
40
50
W"
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 of Chaparral, said point being the
south city limits of the City of Allen
Millennium Drive All portions within the city
40
35
40
State Hwy. 5 Beginning at a point (station 59+64) being the 55
north city limits of the City of Allen, and
continuing along State Highway 5 in a southerly
direction for a distance of approximately 1.295
miles (station 128+00)
State Hwy. 5 Thence continuing along State Highway 5 in a 45
southerly direction for a distance of approximately
2.254 miles (station 247+00)
State Hwy. 5 Thence continuing along State Highway 5 in a
southerly direction for a distance of approximately
0.473 mile (station 272+00) being the south city
limits of the City of Allen
Ordinance No. 1475-11-96 Page 3
50
U.S. 75 East
Beginning at a point (station 565+20) being at
55
Frontage Road
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. 7 5 East
Thence continuing along U.S. 75 East Frontage
40
Frontage Road
Road in a southerly direction for a distance of
1.733 miles, approximately
U.S. 7 5 East
Thence continuing along U.S. 5 East Frontage
45
Frontage Road
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 at the
45
Frontage Road
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 Frontage
55
Frontage Road
Road for a distance of 2.751 miles, approximately
U.S. 75 West
Thence continuing along U.S. 75 West Frontage
40
Frontage Road
Road for a distance of 0.500 mile, approximately
U.S. 75 West
Thence continuing along U.S. 75 West Frontage
45
Frontage Road
Road for a distance of 1.468 miles, approximately,
said point (station 358+20) being the south city
limits
Victorian Drive
Beginning at a point on Victorian Drive at its
20
intersection with Park Place Drive, thence
continuing in a southerly direction on Victorian
Drive to its intersection with Victorian Circle
Victorian Drive
Thence continuing along Victorian Drive in a
20
westerly direction to its intersection with Whitman
Drive
Victorian Drive
Beginning at a point on Victorian Drive at its
20
intersection with Whitman Drive, thence
continuing in an easterly direction on Victorian
Drive to its intersection with Victorian Circle
Victorian Drive
Thence continuing along Victorian Drive in a
20
northerly direction to its intersection with Park
Place Drive
(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 five hundred dollars ($500.00) 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
Ordinance No. 1475-11-96 Page 4
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 COUNCEL OF THE CITY OF ALLEN, TEXAS,
ON THE 21ST DAY OF NOVEMBER, 1996.
APPROVED:
Kevin L. Lilly, MAYOR
APPROVED AS TO FORM: ATTEST:
PA. ATTORNEY
&kr, C�y J1#fyMor*on; CITY SECRETARY
Ordinance No. 1475-11-96 Page 5
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
Ordinancee#1475-11-96
of which the attached is a true and written copy, and which was published
In THE ALLEN AMERICAN on
November 27 & November 30, 1996
and which was issued on
November 27, 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said public tion is attached hereto.
SUBSCRIBED AND S RN to before me thisp
\15— day A. D. 19
NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS
Publisher's fee $ 57.75
V. A. TODD
F�w
r� MY COMMISSION EXPIRESDecember 6, 2000
CITY OF ALLEN I"
PUBLIC NOTICE
Notice is hereby given that the Allen
;ity Council adopted the following
irdinance at their regular meeting held on
hursday, November 21, 1996 (Title and
Denalty Clause only):
Ordinance No. 1475-11-96: An
Or mance o the City o en, ollin
bounty, Texas, Amending Section 1-40 of
:he Allen Vehicle and Traffic Code, Ordi-
iance No. 259, as Previously Amended
oy Ordinance Nos. 309, 482-12-83,
724-8-86, 859-6-88, 962-12-89 and
1014-1-91, 1177-5-93, 1204-10-93 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 Provision of Section
169(b) of Article 6701 d, Vernon's Texas
Civil Statutes, Upon Victorian Drive, or
Parts Thereof, Within the Corporate Limits
of the City of Allen, as Set Out in this Ordi-
nance; and Providing Penalty Clauses,
Severability Clauses and an Effective
Date.
Any person violating any provision or
terms of this ordinance shall be deemed
guilty of a misdemeanor and upon convic-
tion shall be fined in the sum of not more
than five hundred dollars ($500) for each
such violation.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary
'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, November 21, 1996 (Title and
Penalty Clause only):
Ordinance No. 1475-11-96: An
Or finance o the City—o Alien,Collin
County, Texas, Amending Section 1-40 of
the Allen Vehicle and Traffic Code, Ordi-
nance No. 259, as Previously Amended
by Ordinance Nos. 309, 482-12-83,
724-8-86, 859-6-88, 962-12-89 and
1014-1-91, 1177-5-93, 1204-10-93 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 Provision of Section
169(b) of Article 6701d, Vernon's Texas
Civil Statutes, Upon Victorian Drive, or
Parts Thereof, Within the Corporate Limits
of the City of Allen, as Set Out in this Ordi-
nance; and Providing Penalty Clauses,
Severability Clauses and an Effective
Date.
Any person violating any provision or
terms of this ordinance shall be deemed
guilty of a misdemeanor and upon convic-
tion shall be fined in the sum of not more
than five hundred dollars ($500) for each
such violation.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary