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13-03 - RTHE STATE OF TEXAS A PORTION OF COLLIN COUNTY A PORTION OF DENTON COUNTY CERTIFICATION I, Amy Piukana, Town Secretary for the Town of Prosper, a municipal corporation, Collin & Denton County, Texas, in the performance of the functions of my office, do hereby certify that the attached document is a true and correct copy of the Joint Resolution of City of McKinney (Resolution No. 2013-01-009(R)) and the Town of Prosper (Resolution No. 13-03) requesting the prima facie speed limit for vehicles traveling upon Custer Road (FM 2478) from U. S. Highway 380 northward to FM 1461 be reduced from the current prima facie speed limit of 55 miles per hour to a maximum prima facie speed not to exceed 50 miles per hour passed by the Prosper Town Council at their meeting held on January 8, 2013, as the same appears of record in the Town Secretary's Office, and that that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF SAID CITY on this 15th day of January, 2013. ".� �niy Piukana, .l, MC p..,aN --Town Secretary' RESOLUTION NO. 2013-01.009 (R) A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McKINNEY, TEXAS AND THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REQUESTING THE PRIMA FACIE SPEED LIMIT FOR VEHICLES TRAVELING UPON CUSTER ROAD, WHICH ROAD IS ALSO DESIGNATED AS FARM -TO -MARKET ROAD 2478 (FM 2478), FROM U.S. HIGHWAY 380 NORTHWARD TO FARM -TO -MARKET ROAD 1461 (FM 1461) BE REDUCED FROM THE CURRENT PRIMA FACIE SPEED LIMIT OF 55 MILES PER HOUR TO A MAXIMUM PRIMA FACIE SPEED NOT TO EXCEED 50 MILES PER HOUR FOR THE BENEFIT OF THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF McKINNEY, TEXAS, AND PROSPER, TEXAS, AND ALL OTHER PERSONS TRAVELING ON SAID SECTION OF CUSTER ROAD WHEREAS, the City Council of the City of McKinney, Texas, and the Town Council of the Town of Prosper recently learned that the Texas Transportation Commission has reduced the prima facie speed limit upon Custer Road, which road is also designated as Farm -to -Market Road 2478 (FM 2478), from U.S. Highway 380 northward to Farm -to -Market Road 1461 (FM 1461) (hereinafter referred to as the "Custer Road Segment") from the previous prima facie speed limit of 60 miles per hour to 55 miles per hour based on a recommendation from the Texas Department of Transportation ('TxDOT"); and WHEREAS, TxDOT typically establishes speed limits at the nearest value to the 85th percentile speed ending in a 5 or 0, which speed represents the speed the majority of drivers are currently traveling at or below on such road; and WHEREAS, the 85'h percentile speed may be lowered by up to 10 miles per hour based on sound and generally accepted engineering judgment that includes consideration of (a) the roadway pavement width, (b) curves and hills along the roadway, (c) hidden driveways and other developments, (d) a high number of driveways, (e) crash history, (f) a rural residential or developed area, or (g) a lack of striped, improved shoulders; and WHEREAS, residents of both the City of McKinney and the Town of Prosper who live and travelin the area around and about the Custer Road Segment are seeking a significant lowering of the speed limit on such roadway; and WHEREAS, the City Council of the City of McKinney, Texas, and the Town Council of the Town of Prosper, Texas, have considered the requests of the residents of their respective communities as well as their personal knowledge and experience traveling along and across the Custer Road Segment; and WHEREAS, the City Council of the City of McKinney, Texas, and the Town Council of the Town of Prosper, Texas, have determined to join together to express their concerns that a change in the prima facie speed limit for the Custer Road Segment from 60 miles per hour to 55 miles per hour is not sufficient to protect the health, safety and welfare of the residents of the City of McKinney, Texas, and the Town of Prosper, Texas, directly impacted by high speed traffic on the Custer Road Segment and the motoring public passing through these communities; an WHEREAS, the City Council of the City of McKinney, Texas, and the Town Council of the Town of Prosper, Texas, believe that reducing the prima facie speed limit for the Custer Road Segment to a maximum prima facie speed not to exceed 50 miles per hour may result in a higher awareness of the increasing urban development and local neighborhoods situated along and about the Custer Road Segment and lead to a decrease in the number of automobile collisions with resulting decreases in the incidents of property damage, serious bodily injury and fatality accidents on the Custer Road Segment thereby better protecting the health, safety and welfare of the residents of the City of McKinney, Texas, and the Town of Prosper, Texas, as well as the motoring public passing through these communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF McKINNEY, TEXAS, AND THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Section 1, All of the above premises are found to be true and correct factual and legislative determinations of the City of McKinney and the Town of Prosper and are hereby approved and incorporated into the body of this Resolution as if copied In their entirety. Section 2. The City of McKinney and the Town of Prosper disagree with the minimal decrease of the prima facie speed limit on the Custer Road Segment, from 60 miles per hour to 55 miles per hour. Section 3. The City of McKinney and the Town of Prosper support a further decrease of an additional 5 miles per hour in the prima facie speed limit on the Custer Road Segment from 55 miles per hour to a maximum prima facie speed not to exceed 50 miles per hour to better protect the health, safety and welfare of the residents of the City of McKinney, Texas, and the Town of Prosper, Texas. Section 4. The City of McKinney and the Town of Prosper respectfully request that the Texas Transportation Commission exercise its authority to reduce the prima facie speed on Custer Road (FM 2478) from U.S. Highway 380 northward to Farm -to -Market Road 1461 (FM 1461) to a maximum prima facie speed not to exceed 50 miles per hour. Section 5. This Resolution shall take effect immediately from and after the date of passage and Is so resolved. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF McKINNEY, TEXAS ON THE 15TH DAY OF JANUARY, 2013. CITY OF McKINNEY, TEXAS W; 2� irp It. wp' LE IA t-OU'l Mayor ATTEST: Y H T, MMC City Secretary BLANCA I. GARCIA Assistant City Secretary APPROVED AS TO FORM: LAN §-4� - LATHROM Assistant City Attorney DULY PASSED AND APPROVED RESOLUTION NO. 13-03 BY THE TOWN COUNCIL OF THE TOWN OF PROSPER ON THE 8th DAY OF JANUARY, 2013. I 'or, PRo ATTEST: aa'?'EXNS AMY PIUKANWtRMC Town Secrel TOWN OF PROSPER TEXAS RAY SMIT Mayor