O-2025-07 Amending Chapter 12, Section 12.09.003 Speed Limit on SH 289 (Preston Road) 55 to 50 mphTOWN OF PROSPER, TEXAS
ORDINANCE NO.2025-07
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 12.09.003, "SPEED LIMITS ON SPECIFIC STREETS," OF
CHAPTER 12, "TRAFFIC AND VEHICLES," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE PRIMA
FACIE SPEED LIMITS ON SH 289 (PRESTON ROAD) WITHIN THE TOWN
OF PROSPER; 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 alter prima facie speed limits by ordinance based on the
results of an engineering and traffic investigation; and
WHEREAS, Texas Department of Transportation has investigated the speed limits on SH
289 (Preston Road) within the corporate limits of the Town and has determined that modifying the
prima facie speed limit on SH 289 (Preston Road) is in the best interests of the Town and its
citizens.
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 12.09.003, "Speed Limits on Specific Streets," of Chapter 12, "Traffic and
Vehicles," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by
modifying the prima facie speed limit on SH 289 (Preston Road), to read as follows:
"Sec. 12.09.003 Speed Limits on Specific Streets
A person shall not operate a vehicle upon a public street or highway listed in this section at a
speed greater than established by this section, with the limits established being prima facie
evidence that the speed is not reasonable and prudent and that the speed is unlawful. The
following maximum speed limits are established:
State Highways
Highway Limits Speed Limit
(MPH)
SH 289 (Preston Road) US 380 (University Drive) to FM 1461 (FM Parkway) 50
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the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 4
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 5
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 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 25TH DAY OF FEBRUARY, 2025
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2025-07, Page 2
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