O-2396-5-05ORDINANCE NO. 2396-5-05
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," DIVISION 2, "SPEED REGULATIONS" TO ADD SECTION 9-140
"TEMPORARY SPEED LIMITS," TO AUTHORIZE THE DIRECTOR OF
ENGINEERING TO ESTABLISH TEMPORARY SPEED LIMITS; 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 THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 in part to add Section 9-140 "Temporary Speed Limits" to read as follows:
"Sec. 9-140. Temporary Speed Limits.
(a) In the event of construction on any street or highway, the traffic engineer is authorized to conduct an
' engineering and traffic investigation to determine if the maximum lawful prima facie speed limit
established by this chapter or state law should be temporarily reduced in order to preserve and
protect the public safety. If the traffic engineer determines that such speed limit should be reduced,
he shall enter a written finding and order to that effect and, upon approval of that order in writing by
the Director of Engineering and City Manager or his designated representative, temporary official
traffic -control devices shall be erected giving notice of such speed limit prior to enforcement.
(b) The finding and order of the traffic engineer and City Manager or his designated representative shall
estimate the length of time for which such temporary speed limit shall be in effect and, if necessary,
a t additional order in writing shall be determined in the event it is necessary to extend such time. No
such temporary speed limit shall be effective longer than is provided in such written order, nor in any
event longer than is necessary to complete the construction for which the speed limit was ordered. A
certified copy of the order shall be admissible in evidence in municipal court to establish the
authority of such temporary speed limit, and it is hereby determined and declared that any such
temporary speed limit found and ordered in accordance with this section shall be the speed which is
reasonable and prudent under the conditions and having regard to the actual and potential hazards
than existing, and any violation of such temporary speed limit shall be considered a violation of this
Code of Ordinances."
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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 10"n DAY OF MAY, 2005.
APPROVED:
X��Ike=w
Stephen Terrell, MAYOR
' APPROVED AS TOO/fFORM:
I� ATTEST:
1 �v
Peter G. Smith, C ATTORNEY Shelley B. Georg C,IT
CY S TARY
1
Ordinance No. 2396-5-05, Page 2