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O-3412-8-16ORDINANCE NO. 341241-16 ' 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(a), TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMITS FOR RIDGEVIEW DRIVE BETWEEN ALMA DRIVE AND WATTERS ROAD, CURTIS LANE BETWEEN STACY ROAD AND US 75, AND STOCKTON DRIVE BETWEEN BOSSY BOOTS DRIVE AND CURTIS LANE WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS 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, 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, 1 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 Section 545 356 of the Transportation Code, 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT SECTION 1. The Code of Ordinances of the City of Allen, 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(a) in part to establish the maximum prima facie speed limits upon Ridgeview Drive between Alma Drive and Watters Road, Curtis Lane between Stacy Road and US 75, and Stockton Drive between Bossy Boots Drive and Curtis Lane to read as follows "See. 9-135. Streets other than expressways and freeways. (a) ..... Speed Limit Street Extent (miles per how) ADD Ridgeview Drive Between Alma Drive and approximately 2,650' east of Alma Drive 40 Ridgeview Drive Between Watters Road and approximately 2,650' east of Alma Drive 45 Curtis Lane Between Stacy Road and US 75 35 Stockton Drive Between Bossy Boots Drive and Curtis Lane 35 DELETE Ridgeview Drive Between Watters Road and Stacy Road 40 SECTION 2. The Director of Engineering or designee shall erect appropriate signals, signage, and markings 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, he adjudged or held to be void or unconstitutional, the some 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 Director of Engineering or his designee has erected appropriate signage giving notice of the maximum prima facie speed limits therefore and it is accordingly so ordained DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 9TH DAY OF AUGUST 2016 APPROVED: &A 4W Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY She ey B. e, CITY S TARY Ordinance No. 3412-8-16, Page 2