12-13 O - Temporary Speed Limit for Preston Road TOWN OF PROSPER,TEXAS ORDINANCE NO. � 1 —�
AN ORDINANCE OF THE TOWN OF PROSPER,TEXAS,ALTERING THE
PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER
THE AUTHORITY OF SECTION 545.356 OF THE TEXAS
TRANSPORTATION CODE AND TITLE 433, SECTION 25.22(c)(3)(D) OF
THE TEXAS ADMINISTRATIVE CODE,UPON SH 289(PRESTON ROAD)
OR PARTS THEREOF,WITHIN THE INCORPORATIONED LIMITS OF
THE TOWN OF PROSPER,BY TEMPORARILY LOWERING THE SPEED
LIMIT FROM 60 MILES PER HOUR TO 50 MILES PER HOUR ON A
CERTAIN DESIGNATED SECTION OF THE MAIN LANES OF SH 289
(PRESTON ROAD) DURING CONSTRUCTION; 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, road construction in the area necessitates that the speed limit on SH 289
(Preston Road)between U.S. Highway 380 to FM 146/Frontier Parkway in the Town of Prosper,
Texas("Prosper")be temporarily lowered from 60 miles per hour to 50 miles per hour during the
construction of SH 289(Preston Road);and
WHEREAS,the Town Council of the Town of Prosper,Texas("Town Council")finds it is
necessary for the protection and safety for the citizens of Prosper to declare a reasonable and prudent
speed for SH 289(Preston Road)between U.S.Highway 380 to FM 1461/Frontier Parkway within
Prosper,pursuant to the authority provided in Section 545.356 of the Texas Transportation Code and
Title 43, Section 25.22(c)(3)(D)of the Texas Administrative Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER,TEXAS:
SECTION 1: Findings Incornorated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Temporary Prima Facie Sneed. The speed limit on SH 289
(Preston Road) between U.S. Highway 380 to FM 1461/Frontier Parkway is hereby temporarily
lowered from 60 miles an hour to 50 miles an hour during the construction of SH 289(Preston Road)
("Temporary Speed Limit"). The Temporary Speed Limit is automatically cancelled when the
construction of SH 289(Preston Road) is complete.
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.
Ordinance Reducing Speed Limit—SH 289(Preston Rd.to US 380 to FM 1461/Frontier Pkwy.) Page 1
610757.1
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/Revealing 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: Severabilitv. 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: Penaltv 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.
i
SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY TAE TOWN COUNCIL OF THE TOWN OF
`�`�� (�� •. ,TEXAS,on this ; &,V day of � , Z(�x D_ ,2012.
` �.qR • ° •.,..off�� r�
_ RAY 8MITHI Mayor
* TES ND CORRECTLY
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REC9"'V:
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1xjk-'h1anWto A Secretary
Date of Publication: I ` `� - ,Prosper E�nierpr ise
Ordinance Reducing Speed Limit—SH 289(Preston Rd.to US 380 to FM 1461/Frontier Pkwy.) Page 2
610757.1