O-2552-9-06ORDINANCE NO. 2552-09-06
' AN ORDINANCE OF TRE 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," DIVISION 2, "SPEED REGULATIONS," SECTION
9-135(a), TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR
McDERMOTT DRIVE AND FOR MAIN STREET WITHIN THE CORPORATE
LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING A SEVERABHXIY 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 pars thereof.
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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 par to establish the maximum prima facie speed limit upon US 75
East Frontage Road, US 75 West Frontage Road, and Alma Drive, to read as follows:
Speed Limit
Street
Extent
(miles per hour)
ADD `t..
All portions from a point 500 feet west of Amberdale
McDermott Drive
Drive to a point 300 feet west of the western US 75 right-
40
of -way line, specifically
ADD "...
Main Street
All portions from McDermott Drive to a point 250 feet
west of Fountain Gate Drive, specifically
40
Main Street
All portions from a point 250 feet west of Fountain Gate
Drive to Angel Parkway, specifically
45
Main Street
All portions east of Angel Parkway, specifically
55
DELETE "...
McDermott Drive
All portions from a point 100 feet west of Watters
Crossing Drive to a point 300 feet west of the western US
75 right-of-way line, specifically
40
DELETE "...
Main Street
All portions from McDermott Drive to a point 400 feet
east of Malone Road, specifically
40
Main Street
All portions east of a point 400 feet east of Malone Road,
specifically
55
SECTION 2. 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 3. 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 4. 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 5. Any person, firm 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, upon conviction in
the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Two
Hundred Dollars ($200) for each offense, and each and every day said violation is continued shall constitute
a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication as
required by law; however the maximum prima facie speed limit 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. 2552-09-06, Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12TH DAY OF SEPTEMBER, 2006.
APPROVED:
tephea Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, C ATTORNEY Shelley B. Georg CSC 1 SECRETARY
Ordinance No. 2552-09-06, Page 3