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O-2232-10-03ORDINANCE NO. 2232-10-03 ' 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," SECTION 9-137(b), TO AMEND SUBSECTION (1) TO DESIGNATE CERTAIN PORTIONS OF GREENVILLE AVENUE AS A SCHOOL ZONE FOR LOWERY FRESHMAN CENTER WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY-FIVE (25) MILES PER HOUR FOR MOTOR VEHICLES; 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 ($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, taldng 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 we 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(b) in part, to amend subsection (1) to designate portions of Greenville Avenue as school zones for Lowery Freshman Center with a maximum prima facie speed limit of twenty-five (25) miles per hour for motor vehicles, to read as follows: "Sec. 9-137 School zones; signs. (b) In accordance with ... 1 (1) Lowery Freshman Center: a. Twenty-five (25) miles per hour 1. Beginning at a point on Main Street (FM 2170), three ' hundred thirty (330) feet west of the intersection of Main Street and Jupiter Road, and continuing in an easterly direction on Main Street to a point seven hundred sixty-four (764 feet east of the intersection of Main Street and Jupiter Road. 2. Beginning at a point on Greenville Avenue four hundred (400) feet north of the intersection of Greenville Avenue and Jupiter Road and continuing in a southerly direction to a point four hundred (400) feet south of the intersection of Greenville Avenue and Jupiter Road. b. Twenty (20) miles per how. I. Beginning at a point on Jupiter Road at the intersection of Jupiter Road and Greenville Avenue (SH 5) and continuing in a southerly direction to a point two hundred fifteen (215) feet south of the intersection of Jupiter Road and Main Street (FM 2170). 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. SECITON 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. 2232-10-03. Page 2 I 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 20 DAY OF OCTOBER 2003. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY APPROVED: 5 r—) (7 : >� Sie-phafTerrell, MAYOR ATTEST: Shelley B. George, C, CITY SECRETARY Ordinance No. 2232-10-03, Page 3