O-2878-1-10ORDINANCE NO. 2878-1-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
THE TABLE IN CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V,
"OPERATION OF VEHICLES," DMSION 2, "SPEED REGULATIONS," SECTION
9-135(a), TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIhHT FOR THE
F.M. 2786 (STACY ROAD) WITHIN THE CORPORATE LIMITS OF THE CITY OF
ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS (5200) 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
amending the table in 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 limit upon F.M. 2786
(Stacy Road) to read as follows:
Street Extent Speed Limit
(miles per hour)
ADD "...
FM 2786 (Stacy Between Greenville Avenue and the eastern city limits. 50"
Road
Street Extent Speed Limit
(miles per hour)
DELETE "...
Stacy Road All portions within the city, generally 55"
SECTION 2. The City Manager, or his designee, shall erect official signs giving notice of the speed limits
designated herein.
' SECTION 3. If any section, paragraph, clause or provision of this ordinance shall for any reason be held
invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision
shall not affect any of the remaining provisions of this ordinance.
SECTION 4. All ordinances of the City of Allen, Texas, in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the City of Allen 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. That any person, fine or corporation violating any of the provisions of this ordinance or of the
Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and shall be subject to a fine
not to exceed the sum of two hundred dollars ($200.00) for each offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage, and publication of the
caption, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12"a DAY OF JANUARY, 2010.
APPROVED:
Stephen Temll, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY AT ORNEY Shelley B. George' SECRETAR
Ordinance No. 2878-1-10, Page 2