11-069 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-69
AN ORDINANCE OF THE TOWN OF PROSPER,TEXAS,ESTABLISHING
THE MAXIMUM SPEED LIMIT ON HAYS ROAD AND E.FIRST STREET,
LOCATED IN THE TOWN OF PROSPER, TEXAS, COLLIN COUNTY,
TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED
LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO
REGULATE VEHICULAR SPEED ON THE DESIGNATED STREETS;
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, §545.356 of the Texas Transportation Code provides that whenever the
governing body of the municipality 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 of Prosper,Texas("Prosper"),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")finds it is
necessary for the protection and safety for the citizens of Prosper to declare a reasonable and prudent
speed for Hays Road and E. First Street within the Town of Prosper, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Prima Facie Speed. Upon the basis of an engineering and
traffic investigation, and as authorized by the provisions of§545.356 of the Texas Transportation
Code,the following prima facie speed limit hereinafter 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 Hays Road and E. First Street, between Coit Road and Custer
Road, as follows:
Hays Road speed limit: 35
E. First Street (between Coit Road and Custer Road) speed limit: 45
ORDINANCE ESTABLISHING SPEED LIMITS(HAYS RD.AND E.FIRST STREET) Page 1
597725.1
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 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/Repealing 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: Severability. 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: Penalty 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.
SECTION 7: Effective Date. This Ordinance shall be 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 11th day of October, 2011.
RAY S TH, Mayor
ORDINANCE ESTABLISHING SPEED LIMITS(HAYS RD.AND E. FIRST STREET) Page 2
597725.1
ATTESTED AND CORRECTLY
RECORDED:
_dr Aft—
Amy Piukana, ' '4 C
Town Secretary
Date of Publication: October 19,2011,in the Prosper Press newspaper.
ORDINANCE ESTABLISHING SPEED LIMITS(HAYS RD.AND E. FIRST STREET) Page 3
597725.1
Police Department
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To: Mayor and Town Council
From: Gary McHone, Assistant Chief of Police
Cc: Mike Land, Town Manager
Amy Piukana, Town Secretary
Re: Town Council Meeting — October 11, 2011
Date: October 4, 2011
Agenda Item:
Consider an act upon an Ordinance No. 11-69, establishing Speed limits for Hays Road and E.
First Street between Coit Road and Custer Road.
Description of Agenda Item:
Speed studies were done on Hays Road and First Street in order to provide a safe speed limit
for motorist to travel. Previously, these stretches of road were covered by prima facie speed
limits set by the State of Texas. The Town of Prosper has the authority to change speed limits
based on an engineering and traffic study. The speed study that was performed on these two
roadways was the same process that Texas Department of Public Safety uses to set the speed
limits on all streets and roadways they oversee. After the speeds were noted from a sampling
of vehicles, the 85th percentile speed was found. This speed is usually the speed limit that is set
unless there are circumstances or conditions that warrant a different speed.
First Street, between Coit and Custer, is relatively lightly traveled and has unimproved
shoulders of normal elevation. The 85th percentile speed discovered on that stretch of roadway
was 45 miles per hour. Staff knows of no reason to set the speed limit at a different speed on
this stretch of roadway.
Hays Road also showed the 85th percentile speed to be 45 miles per hour. The unimproved
shoulders are extremely steep and the drop between the surface of the roadway and the
unimproved shoulder is extreme in several places which would make it dangerous should a
vehicle veer off the roadway for any reason and then attempt to return to the roadway. There
are also several residential neighborhoods which empty out onto Hays Road which also creates
a more dangerous environment for higher speeds. Though Hays Road is a major interior north-
south internal artery of our roadway system, the higher speed is not considered safe by the staff
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for the design of the roadway at this time. A more reasonable speed for this stretch of road
would be 35 miles per hour.
In conjunction with the speed limit discussion, another agenda item discussing an All-Way Stop
intersection is also on this agenda and will be discussed as a separate item.
Budget Impact:
Cost of replacing numbers on the effected speed limit signs.
Legal Obligations and Review:
Has been reviewed by the Town Attorney.
Attached Documents:
Copy of the associated Ordinance.
Board/Committee Recommendation:,
N/A
Town Staff Recommendation:,
Town staff recommends that the Town Council approve the establishment of the recommended
maximum speed limits along Hays Road at 35 miles per hour and E. First Street, between Coit
Road and Custer Road, at 45 miles per hour.
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