11-040 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 11-040
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ALTERING
THE PRIMA FACIE SPEED LIMIT ON PROSPER TRAIL BETWEEN
DALLAS NORTH TOLLWAY AND PRESTON SITUATED IN THE
TOWN OF PROSPER, TEXAS; PROVIDING FOR NOTIFICATION OF
THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS
AND MARKERS TO REGULATE VEHICULAR SPEED ON PROSPER
TRAIL; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF TI -IIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
TIIE CAPTION IIEREOF.
WHEREAS, §545.356 of the Texas Transportation Code, provides that whenever the
governing body of the Town 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, 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") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to set the speed limit on Prosper Trail between Dallas North
Tollway and Preston at 45 miles per hour.
NOW, THEREFORE, BE IT ORDAINED BY TIIE TOWN COUNCIL OF TIIE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if frilly set forth herein.
SECTION 2: Establishment of Prima Facie Speed Limit. Upon the basis of an
engineering and traffic investigation heretofore made as authorized by the provisions of
§545.356 of the Texas Transportation Code, the following prima facie speed limit hereafter
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 the named
street as described hereafter:
A speed limit of 45 miles per hour on Prosper Trail between Dallas North
Tollway and Preston Street.
ORDINANCE No. 11-040 ALTERING PROSPER TRAIL SPEED LIMIT DN'I'M Prestool Page 1
4591473
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 Suns. The Town Administrator, or his/her designee, of the
Town of Prosper, Texas, is hereby authorized and directed to cause the placement of appropriate
signs giving notice of the maximum speed limit for Prosper Trail between Dallas North Tollway
and Preston. The signs shall be placed at the most advantageous points to be conspicuous to
approaching vehicular traffic. The signs shall be permanently affixed to a stationery post or
installed on permanent buildings or walls or as approved by the Town Administrator, or his/her
designee. The signs shall in no way be obstructed from view and shall comply with applicable
state laws.
SECTION 4: Savings/Repealili . 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: Severability. 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. 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: Penalty. Any person violating this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined a sum of not less that One Dollar
($1.00) nor more than Five Hundred Dollars ($500.00). Prosper retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date. This Ordinance shall become effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this 26th day of April, 2011 by vote of 6-0.
I A SM '1-1, Mayor
r
ATTESTED AND RRECTLY RECORDED:
Al iy Pi ' n" Town Secretary
Date(s) of Publication: The Prosper Press,
ORDINANCE No 11-040 ALTERING PROSPER TRAIL SPEED LIfi-11T (DNT to Preston) Page 2
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