11-072 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-72
AN ORDINANCE OF THE TOWN OF PROSPER,TEXAS,ESTABLISHING
THE MAXIMUM SPEED LIMITS ON U.S.HIGHWAY 380,FROM F.M.1385
TO CUSTER ROAD(F.M.2478),LOCATED IN THE TOWN OF PROSPER,
TEXAS, DENTON AND COLLIN COUNTIES, TEXAS; PROVIDING FOR
NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE
INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR
SPEED ON THE DESIGNATED STREETS;PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the
governing body of the municipality 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
prudent under the conditions found to exist at any intersection or other place or upon any part of a
street or highway within the Town of Prosper,Texas("Prosper"),taking into consideration,among
other things, 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 prudent prima facie speed limit 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 Town Council of the Town of Prosper,Texas("Town Council")finds it is
necessary for the protection and safety for the citizens of Prosper to declare a reasonable and prudent
speed along U.S. Highway 380 within the Town of Prosper, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incomorated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Prima Facie Speed. Upon the basis of an engineering and
traffic investigation,prepared by the Texas Department of Transportation,attached hereto as Exhibit
"A",and incorporated herein for all purposes,and as authorized by the provisions of§545.356 of the
Texas Transportation Code,the following prima facie speed limits hereinafter indicated for vehicles
is hereby determined and declared to be safe, reasonable and prudent, and such speed limits are
hereby fixed at the rate of speed indicated for traveling upon U. S.Highway 380,from F.M. 1385 to
Custer Road (F.M. 2478), as follows:
ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380
(F.M. 1385 to Custer Road(F.M.2478)) Page 1
601034.1
U.S. Highway 380:
from the western right-of-way line of F.M. 1385
to the eastern right-of-way line of Redbud speed limit: 60
U.S. Highway 380:
from the eastern right-of-way line of Redbud
to the eastern right-of-way line of Custer Road (F.M. 2478) speed limit: 55
When no special hazards exist that require a lower speed, the speed of any vehicle not in
excess of the limit specified shall be lawful, but any speed in excess of the limit specified shall be
prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.
SECTION 3: Placement of Sians. Signs indicating the speed limits provided herein shall be
placed at the most advantageous points to be conspicuous to approaching vehicular traffic in
accordance with the Texas Uniform Manual on Traffic Control Devices, as amended,promulgated
by the Texas Department of Transportation. The signs shall be permanently affixed to a stationery
post or other fixed object. The signs shall in no way be obstructed from view and shall comply with
applicable state laws. The Town Manager, or his/her authorized representative, is authorized and
directed to cause to be erected such appropriate signs.
SECTION 4: Savin2s/Repealina Clause. All provisions of any ordinance in conflict with
this Ordinance is hereby repealed to the extent they are in conflict;but such repeal shall not abate any
pending prosecution for violation of the repealed ordinances, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severabilitv. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. 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 or invalid.
SECTION 6: Penaltv Provision. Any person violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One
Dollar($1.00)nor more than Five Hundred Dollars($500.00). The penal provisions imposed under
this Ordinance shall not preclude Prosper from filing suit to enjoin a violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and
publication as required by law.
ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380
(F.M. 1385 to Custer Road(F.M.2478)) Page 2
601034.1
DULY PASSED AND APPROVED BY HE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this day of , 2011.
�V
Ray Smi�h, Mayor
ATTESTED AND CORRECTLY
RECORDED:
Amy PiukA, tkMC
Town Secretary
Date of Publication: 11-16-11,Prosper Enterprise
ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380
(F.M. 1385 to Custer Road(F.M.2478)) Page 3
601034.1