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O-2473-1-06ORDINANCE NO. 2473-1-06 ' AN ORDINANCE OF THIN 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 9435(a), TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR THE U.S. 75 EAST FRONTAGE ROAD, FOR THE U.S. 75 WEST FRONTAGE ROAD, AND FOR ALMA DRIVE 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 ($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 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 U.S. 75 East Frontage Road, U.S. 75 West Frontage Road, and Alma Drive, to read as follows: Speed Limit Street Extent (miles per hour) ADD "... U. S. 75 East All portions within the city, generally 55 Frontage Road U. S. 75 Fast All portions south of a point 400 feet north of 45 Frontage Road Millennium Drive, specifically I 1 U.S. 75 East All portions from a point 400 feet north of Millennium Drive to a point 840 feet north of Exchange Parkway, 40 Frontage Road specifically U.S. 75 West All portions within the city, generally 55 Frontage Road U.S. 75 West All portions south of a point 320 feet south of Motorsport Frontage Road Court, specifically 45 U.S. 75 West All portions from a point 320 feet south of Motorsport Corot to a point 500 feet north of Village Way, 40 Frontage Road specifically DELETE "... All portions from a point 0.322 miles north of Alma Drive McDermott Drive to a point 0.511 miles north of 35 McDermott Drive, specifically DELETE "... U. S. 75 East All portions within the city, generally 55 Frontage Road U. S. 75 East All portions south of a point 400 feet north of Frontage Road Millennium Drive, specifically 45 U.S. 75 East All portions from a point 400 feet north of McDermott Drive to a point 0.719 miles south of Stacy Road, 40 Frontage Road specifically U.S. 75 West All portions within the city, generally 55 Frontage Road U.S. 75 West All portions south of a point 400 feet south of Frontage Road McDermott Drive, specifically 45 U.S. 75 West All portions from a point 400 feet south of McDermott Drive to a point 500 feet north of Village Way, 40 Frontage Road specifically U.S. 75 West All portions north of a point 500 feet north of Ridgeview Frontage Road Drive, specifically 45 SECTION 2. The Traffic Engineer shall erect appropriate signage 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. Ordinance No. 2473-1-06, Page 2 1 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, £nm 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 fire 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 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE Him DAY OF JANUARY, 2006. APPROVED AS TO FORM: Peter G. Smith, cWY ATTORNEY 41 97:141LL a) —1 Stephen Terrell, MAYOR ATTEST: Shelley, TRMC, CITY SE RETARY Ordinance No. 2473-1-06, Page 3