O-1870-9-00ORDINANCE NO. 1870-9-00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING
CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF
VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-135
ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED LIMITS UPON ALMA
DRIVE, OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY
OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE;
AND PROVIDING FOR AN EFFECTIVE 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, 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, Collin County, 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:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: The Code of Ordinance, of the City of Allen, Collin County, Texas, be and the same is hereby
amended by amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2,
"Speed Regulations," Section 9-135, "Streets other than expressways and freeways," in part to establish the
maximum prima facie speed limit upon Alma Drive, to read as follows:
"Sec. 9-135 Streets other than expressways and freeways.
(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.
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1
1
1
STREET
EXTENT SPEED
Alma Drive All portions south of McDermott Drive 40
Alma Drive Beginning at a point on Alma Drive at its intersection 40
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 northerly 35
direction for a distance of 0.189 miles, approximately
Alma Drive Thence continuing along Alma Drive in a northerly 40
direction to its intersection with SH 121
(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) for each such violation."
SECTION 2. The Traffic Engineer shall erect appropriate signage giving notice of the maximum prima
facie speed limit established herein.
SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended
hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Hundred Dollars ($200) for each offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication as
required by law, however, the maximum prima facie speed limits established herein shall not take effect until
the Traffic Engineer has erected appropriate signage giving notice of the maximum prima facie speed limits
therefore and it is accordingly so ordained.
Ordinance No. 1870-9-00 Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON
THE 7th DAY OF September , 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: . ATTEST:
Peter G. Smith, CI ' ATTORNEY Judy Mor on, CMC/AAE, CITY SECRETARY
Ordinance No. 1870--9-00 Page 3