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14-54 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-54 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.08.003, "UNLAWFUL ACTS/EXEMPTIONS," OF CHAPTER 12, "TRAFFIC," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY THE ADDITION OF ADDITIONAL STREET SEGMENTS IN SUBSECTION (a) THEREOF TO THE LISTING OF STREET SEGMENTS WHERE IT IS UNLAWFUL TO OPERATE COMMERCIAL TRUCKS; MAKING FINDINGS; 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, the Town of Prosper, Texas ("Town"), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, the Town has serious concerns about the safety of its residents and the traveling public due to the truck and other commercial vehicle traffic on certain street segments within the Town, and wishes to provide additional safety for its residents and the traveling public; and WHEREAS, the Town Council strongly believes that the prohibition of truck and other commercial vehicle traffic on the street segments hereinafter referenced will enhance public safety and be in the best interests of the residents of the Town as well as the traveling public, and hereby so declares. 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 12.08.003, "Unlawful Acts/Exemptions," of Chapter 12, "Traffic," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by the addition of the following street segments in the existing listing of street segments in subsection (a) thereof, to read as follows: Street Segment Extent Prosper Trail From Dallas North Toll Road east to Custer Road (FM 2478) 1 First Street From Dallas North Toll Road east to Custer Road (FM 2478) 1 Coit Road From University Drive (US 380) north to Frontier Parkway (FM 1 1461) j Coleman Street (Business 289) North from University Drive (US 380) to its dead end i Talon Lane North from Coleman Street to Frontier Parkway SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal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 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 12TH DAY OF AUGUST, 2014. APPROVED: Ray Smith, Mayor A T• n l Robyn B t le, Town Secretary APPROVED AS TO FORM AN LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 14-54,Page 2