17-45 O - Amending Section 12.09.003 "Speed Limits on Specific Streets," of Chapter 12 "Traffic and Vehicles" Speed Limit on La Cima BlvdTOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-45
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 12.09.003, "SPEED LIMITS ON SPECIFIC STREETS," OF
CHAPTER 12, "TRAFFIC AND VEHICLES," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE PRIMA
FACIE SPEED LIMITS ON LA CIMA BOULEVARD (US 380 [UNIVERSITY
DRIVE] TO FIRST STREET) WITHIN THE TOWN OF PROSPER;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, Section 545.356 of the Texas Transportation Code provides that the
governing body of a municipality may alter prima facie speed limits by ordinance based on the
results of an engineering and traffic investigation, which the Town has undertaken; and
WHEREAS, the Town has investigated the speed limit on La Cima Boulevard (US 380
[University Drive] to First Street) within its corporate limits and has determined that modifying
the prima facie speed limit on La Cima Boulevard (US 380 [University Drive] to First Street) is in
the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
Existing Section 12.09.003, "Speed Limits on Specific Streets," of Chapter 12, "Traffic
and Vehicles," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by
modifying the prima facie speed limit on La Cima Boulevard (US 380 [University Drive] to First
Street), to read as follows:
"Sec. 12.09.003 Speed Limits on Specific Streets
A person shall not operate a vehicle upon a public street or highway listed in this section at a
speed greater than established by this section, with the limits established being prima facie
evidence that the speed is not reasonable and prudent and that the speed is unlawful. The
following maximum speed limits are established
Town Streets
Speed
Street Name Limits Limit
(MPH)
La Cima Boulevard US 380 (University Drive) to First Street 40
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
6-1 *0111*] 111 N
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, ON THIS 13TH DAY OF JUNE, 2017.
APPROVED:
Ray Smith Mayor
Ordinance No. 17-45, Page 2
LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 17-45, Page 3