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O-2537-7-06ORDINANCE NO. 2537-7-06 ' 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," DMSION 2, "SPEED REGULATIONS," SECTION 9-137, "SCHOOL ZONE"; TO DELETE EASTBOUND HEDGCOXE ROAD FROM 400 FEET WEST OF DUCHESS DRIVE TO 250 FEET EAST OF DUCHESS DRIVE, WESTBOUND HEDGCOXE ROAD FROM 400 FEET EAST OF DUCHESS DRIVE TO 100 FEET WEST OF DUCHESS DRIVE AS SCHOOL ZONES, TO DESIGNATE BUR OAK DRIVE FROM 250 FEET EAST OF WATER OAK DRIVE TO 250 FEET WEST OF WOODSTREAM LANE, WATER OAK DRIVE FROM 250 FEET NORTH OF BUR OAK DRIVE TO SHELLEY DRIVE, SEEPORT DRIVE FROM NEWPORT DRIVE TO MEFFORD LANE AS SCHOOL ZONES WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR, TO DELETE MAIN STREET FROM 120 FEET WEST OF FOUNTAIN PARK DRIVE TO 30 FEET WEST OF GREETING GATE LANE AND FOUNTAIN PARK DRIVE FROM 100 FEET NORTH OF MAIN STREET TO MAIN STREET AS SCHOOL ZONES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS 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 Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137, in part to read as follows: "Sec. 9-137. School Zones; Signs. ' (a) A person commits an offense if he operates or drives a vehicle in a school zone in the following designated areas or on the following designated streets at a speed greater than the speed designated by this section for that area or street or portion thereof, 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. Based on recommendations of the Traffic Engineer, determined based on engineering and traffic surveys, the city council shall designate school zones with appropriate street markings, warnings or signs, which street markings, warnings or signs shall be placed at the school zones by the Traffic Engineer. The speed limit designated for school zones shall be effective only at times when appropriate flashing warnings and/or signs advising motorists of the speed limit are placed in conspicuous places. (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 we 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) Allen High School: Twenty (20) miles per hour. Rivercrest Boulevard from one thousand (1000) feet west of Greenville Avenue to six hundred (600) feet south of Station Park Drive. (2) Anderson Elementary School: Twenty (20) miles per hour. a. Summermee Drive from Alder Drive to Springdale Court. ' b. Alder Drive from two hundred fifty (250) feet south of Summertree Drive to Winterwood Drive. C. Winterwood Drive from two hundred (200) feet east of Alder Drive to Heatherwood Drive. (3) Beverly Elementary School: Twenty (20) miles per hour. a. Duchess Drive from Hedgcoxe Road to Needham Drive. b. Needham Drive from two hundred (200) feet west of Duchess Drive to two hundred (200) feet east of Castlefort Drive. (4) Bolin Elementary School: Twenty (20) miles per hour. a. Cheyenne Drive from two hundred seventy (270) feet north of Bethany Drive to one hundred seventy-five (175) feet south of Bethany Drive. b. Eastbound Bethany Drive from four hundred (400) feet west of Cheyenne Drive to one hundred (100) Feet east of Cheyenne Drive. C. Westbound Bethany Drive from four hundred (400) feet east of Cheyenne Drive to one hundred (100) feet west of Cheyenne Drive. d. Cheyenne Drive from one hundred seventy-five (175) feet north of Cassandra Lane to the southern city limits. (5) Boon Elementary School: Twenty (20) miles per hour. a. Comanche Drive from two hundred fifty (250) feet north of Limestone Court/Padre Circle to two hundred fifty (250) feet south of Granger Drive. b. Limestone Court from Comanche Drive to eight hundred (800) feet east of Comanche Drive. Ordinance No. 2537-7-06, Page 2 (6) Boyd Elementary School: Twenty (20) miles per hour. a. Eastbound Bethany Drive from two hundred fifty (250) feet west of Red Oak Street to one hundred (100) feet east of Jupiter Road. ' b. Westbound Bethany Drive from two hundred (200) feet east of Jupiter Road to one hundred (100) feet west of Jupiter Road. C. Jupiter Road from two hundred seventy-five (275) feet north of Bethany Drive to one hundred ten (I 10) feet north of Hightrail Drive. (7) Chandler Elementary School: Twenty (20) miles per hour, a. But Oak Drive from two hundred fifty (250) feet east of Water Oak Drive to two hundred fifty (250) feet west of Woodstream Lane. b. Water Oak Drive from two hundred fifty (250) feet north of But Oak Drive to Shelley Drive. (8) Curtis Middle School: Twenty (20) miles per hour. a. Malone Road from two hundred ten (210) feet north of Rivercrest Boulevard to two hundred ten (2 10) feet north of Aummnmist Drive. b. Rivercrest Boulevard from two hundred (200) feet east of Country Lane to Malone Road. (9) Ereckson Middle School: Twenty (20) miles per hour. a. Tamm Drive from two hundred (200) feet north of Bel Air Drive to five hundred (500) feet north of Alma Drive. b. Bel Air Drive from Tatum Drive to three hundred (300) feet east of Tatum Drive. (10) Ford Middle School: Twenty (20) miles per hour. ' a. Park Place Drive from two hundred (200) feet west of Wandering Way Drive to two hundred (200) feet east of Whitman Drive. b. Whitman Drive from Park Place Drive to one hundred fifty (150) feet north of Victorian Drive. C. Park Place Drive from two hundred fifty (250) feet west of Victorian Drive to two hundred fifty (250) feet east of Victorian Drive. (11) Green Elementary: Twenty (20) miles per hour. Comanche Drive from one hundred forty-one (141) feet south of Hockley Court to one hundred eighty (180) feet west of Alma Drive. (12) Kers Elementary School: Twenty (20) miles per hour. a. Glendover Drive from two hundred twenty (220) feet east of Kenshire Court to two hundred fifty (250) feet west of Scottsman Drive. b. Scottsman Drive from two hundred fifty (250) feet north of Glendover Drive to two hundred thirty (230) feet south of Lomond Court. (13) Lovejoy Elementary School: Thirty-five (35) miles per hour. Farm to Market (FM) 1378 from four hundred forty-two (442) feet south of FM 2786 (Stacy Road) to six hundred fifty (650) feet north of Country Brook Lane. (14) Lowery Freshman Center: Twenty (20) miles per hour. a. Westbound Main Street from seven hundred (700) feet east of Jupiter Road to three hundred thirty (330) feet west of Jupiter Road. b. Eastbound Main Street from three hundred thirty (330) feet west of Jupiter Road to one hundred seventy (170) feet east of Jupiter Road. Ordinance No. 2537-7-06, Page 3 C. Greenville Avenue from four hundred (400) feet north of Jupiter Road to four (19) Story Elementary School: Twenty (20) mile per hour. a. Malone Road from one hundred seventy-five (175) feet north of Edelweiss Drive to seven hundred ninety (790) feet south of Edelweiss Drive. b. Edelweiss Drive one hundred seventy-five (175) feet west of Azalea Drive to Malone Road. C. Azalea Drive from seven hundred ninety (790) feet south of Edelweiss Drive to Edelweiss Drive. (20) Vaughan Elementary School: Twenty (20) miles per how. ' a. Cottonwood Drive from two hundred twenty-five (225) feet west of Deerlake Drive to fifty (50) feet north of Cedar Crest Lane. b. Ridgemont Drive from two hundred fifty (250) feet south of Cottonwood Drive to two hundred (200) feet north of Cottonwood Drive. Ordinance No. 2537-7-06, Page 4 hundred (400) feet south of Jupiter Road. d. Jupiter Road from Greenville Avenue to two hundred fifteen (215) feet south of ' Main Street. (15) 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 Stablerun Drive. C. Stablerun Drive from two hundred fifty (250) feet north of Charleston Drive to two hundred (200) feet east of Allen Heights Drive. (16) 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 Newport Drive to Mefford 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. ' (17) 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. Timbercreek Drive from five hundred ninety (590) feet west of Stone Creek Drive to one hundred ninety (190) feet west of Stone Creek Drive. (18) Rountree Elementary School: Twenty (20) miles per hour. a. Leading Lane Drive from two hundred ten (210) feet west of Grassy Glen Drive to Greeting Gate Lane. b. Melody Lane from Main Street to Leading Lane Drive. (19) Story Elementary School: Twenty (20) mile per hour. a. Malone Road from one hundred seventy-five (175) feet north of Edelweiss Drive to seven hundred ninety (790) feet south of Edelweiss Drive. b. Edelweiss Drive one hundred seventy-five (175) feet west of Azalea Drive to Malone Road. C. Azalea Drive from seven hundred ninety (790) feet south of Edelweiss Drive to Edelweiss Drive. (20) Vaughan Elementary School: Twenty (20) miles per how. ' a. Cottonwood Drive from two hundred twenty-five (225) feet west of Deerlake Drive to fifty (50) feet north of Cedar Crest Lane. b. Ridgemont Drive from two hundred fifty (250) feet south of Cottonwood Drive to two hundred (200) feet north of Cottonwood Drive. Ordinance No. 2537-7-06, Page 4 (c) School days, as that term is used herein, shall be each Monday through Friday throughout the ' calendar year when the school nearest the school zone is in session, and for purposes of this speed ordinance, shall include the time period between the hours of 7:00 a.m. and 5:00 p.m. on such days. (d) It shall be unlawful for any person to drive or operate a motor vehicle through a school zone as designated and established herein during such periods of time, on school days, when there is either a flashing warning signal in operation cautioning motorists to proceed with care, or when appropriate signs are in place and conspicuous, in such a manner as to overtake and pass another vehicle being driven in the same direction upon the same street within said school zone. (e) It shall be unlawful for any person to drive or operate a vehicle on a public street or highway through the school zones herein designated during the periods herein designated at a rate of speed in excess of the prima facie maximum speed limits herein designated for such school zones. (f) 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 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 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. 2537-7-06, Page 5 I 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25TH DAY OF JULY, 2006. APPROVED AS TO FORM: Peter G. Smith, CrtY ATTORNEY APPROVED: 4�-.MAY ATTEST: Shelley B. Ordinance No. 2537-7-06, Page 6