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O-3040-10-11ORDINANCE NO. 3040-10-11 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9-137(b) OF THE CODE OF ORDINANCES TO DESIGNATE SEEPORT DRIVE FROM 130 FEET SOUTH OF NEWPORT DRIVE TO MEFFORD LANE AND BRYAN BOULEVARD FROM 150 FEET SOUTH OF NEWPORT DRIVE TO NEWPORT DRIVE AS SCHOOL ZONES WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABHdTY 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, 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 Section 9-137(b), in part to designate Seeport Drive from 130 feet south of Newport Drive to Mefford Lane and Bryan Boulevard from 150 feet south of Newport Drive to Newport Drive as school zones to read as follows: "Sec. 9-137. School Zones; Signs. (a) (b) In accordance with the recommendations of the Traffic Engineer, the following designated locations, measured from centerline of roadway to centerline of roadway, 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) ...... 1 (16) Marion Elementary School: Twenty (20) miles per hour. a. Allen Heights Drive from two hundred fifty (250) feet north of Charleston Drive to two hundred fifty (250) feet south of Stablemn Drive. b. Charleston Drive from two hundred (200) feet east of Allen Heights Drive to Stablemn Drive. c. Stablemn Drive from two hundred fifty (250) feet north of Charleston Drive to two hundred (200) feet east of Allen Heights Drive. (17) Norton Elementary School: Twenty (20) miles per how. a. Newport Drive from one hundred eighty (180) feet west of Riverside Court to two hundred fifty (250) feet east of Seeport Drive. b. Seeport Drive from one hundred thirty (130) feet south of Newport Drive to Mefferd Lane. c. Bel Air Drive from one hundred ninety (190) feet west of Newport Drive to two hundred fifty (250) feet east of Newport Drive. d. Newport Drive from Bel Air Drive to one hundred eighty (180) feet east of Bel Air Drive. e. Alma Drive from two hundred fifty (250) feet north of Bel Air Drive to two hundred fifty (250) feet south of Bel Air Drive. f Bel Air Drive from three hundred fifty (350) feet east of Alma Drive to three hundred fifty (350) feet west of Alma Drive g. Bryan Boulevard from one hundred fifty (150) feet south of Newport Drive to Newport Drive. (18) Reed Elementary School: Twenty (20) miles per hour, a. Allen Heights Drive from two hundred twenty-five (225) feet north of Rivercrest Boulevard to two hundred twenty-five (225) feet south of Rivercrest Boulevard. b. Rivercrest Boulevard from two hundred fifty (250) feet west of Meadow Creek Drive to two hundred fifty (250) feet east of Allen Heights Drive. c. T mbercreek Drive from five hundred ninety (590) feet west of Stone Creek Drive to one hundred ninety (190) feet west of Stone Creek Drive. (19) ...... SECTION 2. The Traffic Engineer 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, 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 Ordinance No. 3040-10-11, Page 2 1 1 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25'm DAY OF OCTOBER, 2011. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, ATTORNEY Shelley & George, CITV SECRET Ordinance No. 3040-10-111 Page 3