17-59 O - Establishing a Reduced Speed Limit for US Highway 380 from Lovers Lane to the Denton Co. line within the Town of Prosper. TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-59
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, TEMPORARILY LOWERING THE SPEED LIMIT UPON US
HIGHWAY 380 (UNIVERSITY DRIVE) FROM LOVERS LANE TO THE
DENTON COUNTY LINE WITHIN THE TOWN OF PROSPER TO 50 MILES
PER HOUR; 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 temporarily 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 US Highway 380 (University Drive)
from Lovers Lane to the Denton County Line and has determined that modifying the prima facie speed
limit is appropriate and therefore, it is in the best interests of the Town and its citizens that the
speed limit should be lowered to 50 miles per hour during the construction of US Highway 380
(University Drive).
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
The speed limit on US Highway 380 (University Drive) from Lovers Lane to the Denton
County Line is hereby temporarily lowered to 50 miles per hour during the construction of US
Highway 380 (University Drive) within the Town. Further, the temporary speed limit referenced
herein is automatically cancelled when the construction of US Highway 380 (University Drive) is
complete.
SECTION 3
Signs indicating the speed limit referenced in this Ordinance 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. The signs shall be affixed to a
stationary post or other fixed object, shall in no way be obstructed from view and shall comply
with all other applicable laws. The Town Manager or designee is authorized and directed to cause
to be erected such appropriate signs.
SECTION 4
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 5
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 6
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.
SECTION 7
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, TEXA§%ON rfl* PTH DAY OF AUGUST, 2017.
io•�®��0F'PR0cS',p��d� APPROVED:
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Ray Smith Mayor
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Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 17-59, Page 2