12-23 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-23
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO.09-099;ESTABLISHING NEW SCHOOL ZONES TIMES
IN THE TOWN OF PROSPER,COLLIN COUNTY;ESTABLISHING PRIMA
FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH
ZONE(S);PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED
LIMIT(S) BY THE INSTALLATION OF SIGNS AND MARKERS TO
REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET(S);
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, whether the highway is a two-lane, undivided highway, as well as the usual traffic
thereon, said governing body may determine and declare reasonable and prudent maximum prima
facie speed limits 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, §541.302 of the Texas Transportation Code defines a"school crossing zone"as
a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street
by children going to or leaving a public or private elementary or secondary school during the time the
reduced speed limit applies; and
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that it is in the best interests of the citizens of Prosper to amend
Ordinance No. 09-099, the reduced speed school zones on certain streets in Prosper in addition to
establishing new reduced school speed zones; and
WHEREAS,the Town Council has investigated and determined and finds that it is necessary
for the protection and safety for the pedestrian traffic adjacent to public elementary and secondary
schools within Prosper to declare reduced speed school zones on certain public streets adjacent to
public elementary and secondary schools within Prosper, Texas as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 1
613281.2
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 09-099 (Exhibit "A"); Establishment of
Reduced Speed School Zones. Ordinance No. 09-099 is hereby amended for the sole purpose of
establishing new speed school zones times on streets located within Prosper as described in Exhibit
"A", attached hereto and incorporated herein for all purposes.Upon the basis of an engineering and
traffic investigation, and as authorized by the provisions of, among others, §545.356 of the Texas
Transportation Code,the prima facie maximum speed limits for the designated school zones within
Prosper shall be as described in Exhibit"A". It shall be unlawful for any person to operate or drive
any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other
vehicle in any school zone as may be marked or designated within Prosper during the hours indicated
upon signs erected in such zone.
SECTION 3: Placement of Signs. 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: Savings/Repealing 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: Severability. 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: Penalty 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 Amending 09-099(School Zones for Cynthia Cockrell Elementary) Page 2
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DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 029-day of August, 2012.
Ray Smith, Mayor
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Date of Publication: rl ,Prosper Enterprise
Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 3
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Exhibit "A"
STREET NAME DESCRIPTION TIME SPEED
From a point 239.5 feet west of Craig
7:15 AM to 8:45AM
First Street Street to a point 218.6 feet east of Craig 20
2:45 PM to 4:00 PM
Street
From a point 160.3 feet north of First 7:15 AM to 8:45AM
Craig Street Street to a point 1027 feet south of First 20
2:45 PM to 4:00 PM
Street
From the intersection with White River to 7:15 AM to 8:45AM
Somerville 20
the intersection with Livingston 2:45 PM to 4:00 PM
From Livingston to a point 180 feet 7:15 AM to 8:45AM
Texana 20
northeast 2:45 PM to 4:00 PM
Twin Buttes From Livingston to a point 120 feet 7:15 AM to 8:45AM 20
northeast 2:45 PM to 4:00 PM
From a point 125 feet southeast of La
7:15 AM to 8:45AM
Livingston Cima Blvd. eastward to Prosper 20
Independent School District property 2:45 PM to 4:00 PM
Calaveras From Somverville to a point 185 feet 7:15 AM to 8:45AM 20
northwest 2:45 PM to 4:00 PM
Arrowhead From Somerville to a point 675 feet 7:15 AM to 8:45AM 20
northwest 2:45 PM to 4:00 PM
From a point 640 feet northwest of 7:15 AM to 8:45AM
Whiteriver Somerville south east to the end of the 20
2:45 PM to 4:00 PM
roadway
Cedar Lake From Whiteriver to a point 120 feet west 7:15 AM to 8:45AM 20
2:45 PM to 4:00 PM
From a point 1 139 feet north of Richland 7:15 AM to 8:45AM
Coit Road 20
to a point 307 feet south of Richland 2:45 PM to 4:00 PM
Richland From Coit to a point 255 feet west 7:15 AM to 8:45AM 20
2:45 PM to 4:00 PM
From the intersection of Talon Drive 7:15 AM to 8:45 AM
Coleman 25
eastward to the end of the roadway 2:45 PM to 4:00 PM
East bound lane. From a point 857 feet
7:15 AM to 8:45 AM
Frontier Parkway east of Talon Lane, eastward to appoint 25
2:45 PM to 4:00 PM
1357 feet east of Talon Lane.
Extending from approximately 90 feet 7:15 AM to 8:45AM
Escalante Trail south of the proposed southern street 20
to the school zone site to Prosper Trail 2:45 PM to 4:00 PM
Extending from 200 feet east of
Prosper Trail Escalante Trail to 200 feet west of West 7:15 AM to 8:45AM 20
Street to the school site on Prosper 2:45 PM to 4:00 PM
Trail
Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 4
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275 feet east of Escalante Trail
Mesa Drive Redwing Drive 275 feet east of 7:15 AM to 8:45AM 20
Escalante Trail Fisher Road 275 feet 2:45 PM to 4:00 PM
east of Escalante Trail
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