O-2025-02 Repealing Chapter 12, Section 12.08.006, Article 12.08 Truck Routes - Prohibiting of Commercial Vehicles on Certain StreetsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2025-02
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ARTICLE 12.08, "TRUCK ROUTES," OF CHAPTER 12, "TRAFFIC," OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER BY REPEALING
EXISTING SECTION 12.08.006, "PROHIBITION OF COMMERCIAL MOTOR
VEHICLES ON CERTAIN STREET SEGMENTS," AND RENUMBERING
CURRENT SECTION 12.08.007, "PENALTY PROVISION," TO SECTION
12.08.006, "PENALTY PROVISION"; MAKING FINDINGS; 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, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, on or about May 28, 2024, the Town adopted Ordinance No. 2024-39, relative
to the prohibition of commercial vehicles on certain street segments; and
WHEREAS, subsequent to the Town's adoption of Ordinance No. 2024-39, there has
been confusion by law enforcement personnel about the enforcement of the Town's "no truck
routes" ordinance, as codified in Section 12.08.003, and the enforcement of Section 12.08.006;
and
WHEREAS, in an effort to both clarify and simplify the Town's "no truck routes" ordinance,
the Town has determined that it is in the best interest of the Town and its residents to repeal
existing Section 12.08.006 to eliminate any confusion and/or ambiguity.
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
Existing Section 12.08.006, "Prohibition of Commercial Motor Vehicles on Certain Street
Segments," is hereby repealed in its entirety.
SECTION 3
Existing 12.08.007, "Penalty Provision," of Article 12.08, "Truck Routes," of Chapter 12,
"Traffic," of the Code of Ordinances of the Town of Prosper, Texas, is hereby redesignated as
Section 12.08.006, "Penalty Provision."
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict.
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
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, TEXAS, ON THIS 28TH DAY OF JANUARY, 2025.
APPROVED:
David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2025-02, Page 2
TEXAS