14-69 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-69
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING IN
ITS ENTIRETY EXISTING ARTICLE 12.09, "SPEED LIMITS," OF CHAPTER
12, "TRAFFIC AND VEHICLES," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, AND REPLACING IT THEREIN WITH A
NEW ARTICLE 12.09, "SPEED LIMITS": PROVIDING FOR THE PRIMA
FACIE SPEED LIMITS ON STREETS WITHIN THE TOWN OF PROSPER;
PROVIDING FOR NOTIFICATION; 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, as amended, 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, the Town has investigated the speed limits on streets within its corporate
limits and has determined that restating and modifying the prima facie speed limits 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 Article 12.09, "Speed Limits," of Chapter 12, "Traffic and Vehicles," of the Code
of Ordinances is hereby repealed in its entirety and replaced with a new Article 12.09, "Speed
Limits," to read as follows:
,,ARTICLE 12.09 SPEED LIMITS
Sec. 12.09.001 Reasonable and Prudent Speed
A person shall not operate a vehicle upon a public street, highway, or alley in the Town at a
speed greater than is reasonable and prudent under the circumstances then existing, having
regard for actual and potential hazards, and as necessary to avoid colliding with another person
or vehicle that is on or entering the public street, highway, or alley in compliance with the law
and the duty of each person to use due care. A person shall operate a vehicle at an appropriate
reduced speed if approaching or crossing an intersection or railroad grade crossing,
approaching or going around a curve, approaching a hill crest, traveling on a narrow or winding
roadway, or other special hazards exist with regard to traffic including pedestrians, weather, or
highway conditions.
Sec. 12.09.002 Prima Facie Speed Limits
A person shall not operate a vehicle upon a public street, highway, or alley in the Town at a
speed greater than the limits established by this section or another section of this article, with
the limits established being prima facie evidence that the speed is not reasonable and prudent
and that the speed is unlawful. Except for a public street or highway listed specifically in
another section of this article, the following maximum speed limits are established:
(1) 45 miles per hour for streets and highways located outside an urban district.
(2) 30 miles per hour for streets and highways located in an urban district.
(3) 25 miles per hour for two-lane undivided streets located in a district consisting
primarily of single-family residential structures.
(4) 15 miles per hour for alleys and two-way streets less than 18 feet in width.
For the purpose of this section, an "urban district' shall mean a location with structures adjacent
to the street that are used for business, industry, or dwelling and are located at intervals of less
than 100 feet for a distance of at least one-quarter mile on either side of the street.
For the purpose of this section, a street with a median serving solely as an aesthetic or traffic
calming feature and located in a district consisting primarily of single-family residential
structures shall be considered an undivided street.
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:
City Streets
Speed
Street Name Limits Limit
(MPH)
Broadway McKinley Street to Coleman Street 25
Coit Road I US 380 (University Drive) to FM 1461 (Frontier Pkwy) I 45
Coleman Street I Broadway to Gorgeous Drive 30
Coleman Street Gorgeous Drive to Talon Lane 40
Coleman Street Talon Lane to East End 30
Cook Lane I South End to Prosper Trail 35
Ordinance No.14-69,Page 2
CR 27 Dallas Parkway to First Street 35
Craig Road I SH 289 (Preston Road) to FM 1193 (Broadway) I 25
Dallas Parkway I US 380 (University Drive) to Frontier Parkway I 45
First Street Legacy Drive to 400' West of BNSF Railroad 40
First Street 400'West of BNSF Railroad to Craig Road 30
First Street I Craig Road to FM 2478 (Custer Road) 40
Fishtrap Road I FM 1385 to Legacy Drive I 40
Frontier Parkway Legacy Drive to Dallas Parkway 35
Frontier Parkway I Dallas Parkway to SH 289 (Preston Road) 45
Gee Road US 380 (University Drive) to Fishtrap Road I 35
Good Hope Road I Fishtrap Road to Parvin Road 35
Hays Road First Street to South Chandler Circle 30
La Cima Boulevard I US 380 (University Drive) to First Street I 40
Legacy Drive Fishtrap Road to Frontier Parkway 35
McKinley Street I First Street to Fifth Street 25
Main Street First Street to Seventh Street 25
Parvin Road I FM 1385 to Legacy Drive 35
Prosper Commons Blvd. US 380 (University Drive) to Richland Boulevard 30
Prosper Road Teel Parkway to Legacy Drive I 35
Prosper Trail Legacy Drive to Dallas Parkway 35
Prosper Trail I Dallas Parkway to SH 289 (Preston Road) 40
Prosper Trail I SH 289 (Preston Road) to FM 2478 (Custer Road) 45
Richland Boulevard Prosper Commons Boulevard to Coit Road 40
Richland Boulevard I Coit Road to East End 30
Ordinance No.14-69,Page 3
Talon Lane I Coleman Street to Frontier Parkway I 40
Teel Parkway I US 380 (University Drive) to Prosper Road 35
Windsong Parkway US 380 (University Drive) to 1,000 feet North of 35
US 380 (University Drive)
State Highways
Speed
Highway Limits Limit
(MPH)
BUS 289D US 380 (University Drive) to 1,800 feet South of First 55
(Coleman Street) Street
BUS 289D 1,800 feet South of First Street to 750 feet South of First 45
(Coleman Street) Street
BUS 289D 750 feet South of First Street to FM 1193 (Broadway) 30
(Coleman Street)
FM 1193 BS 289D (Coleman Street) to SH 289 (Preston Road) 35
(Broadway)
FM 1385 I US 380 to Parvin Road 55
FM 1461 SH 289 (Preston Road) to FM 2478 (Custer Road) 55
(Frontier Pkwy)
FM 2478 US 380 (University Drive) to FM 1461 (Frontier Pkwy) 55
(Custer Road)
SH 289 US 380 (University Drive) to FM 1461 (Frontier Pkwy) 50
(Preston Road)
US 380 FM 1385 to Red Bud Drive 60
(University Drive)
US 380 Red Bud Drive to FM 2478 (Custer Road) 55
(University Drive)
Sec 12.09.004 Reduced Speed School Zones
A person shall not operate a vehicle upon a public street or highway listed in this section during
the hours indicated 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 reduced speed school zones are established:
Ordinance No. 14-69, Page 4
Hours of Speed
Street Name Limits Operation Limit
Cockrell Elementary School (MPH)
Escalante Trail From Whitley Place Drive 7:30 AM to 8:15 AM 20
to Prosper Trail 2:45 PM to 3:30 PM
Fisher Road From Escalante Drive 7:30 AM to 8:15 AM 20
to 200 feet east of Escalante Drive 2:45 PM to 3:30 PM
Mesa Drive From Escalante Drive 7:30 AM to 8:15 AM 20
to 200 feet east of Escalante Drive 2:45 PM to 3:30 PM
Orchard Grove Drive From west end of roadway 7:30 AM to 8:15 AM 20
to Escalante Trail 2:45 PM to 3:30 PM
Prosper Trail From 750' west of Escalante Trail 7:30 AM to 8:15 AM 20
to 300' east of Escalante Trail 2:45 PM to 3:30 PM
Red Wing Drive From Escalante Drive 7:30 AM to 8:15 AM 20
to 215 feet east of Escalante Drive 2:45 PM to 3:30 PM
From 150 feet southwest of
Whitley Place Drive Escalante Trail 7:30 AM to 8:15 AM 20
to 170 feet northeast of Escalante 2:45 PM to 3:30 PM
Trail
Folsom Elementary School
From La Cima Boulevard 7:30 AM to 8:15 AM
Arrowhead Drive to 120 feet southeast of La Cima 2:45 PM to 3:30 PM 20
Boulevard
From 270 feet northwest of 7:30 AM to 8:15 AM
Arrowhead Drive Sommerville Drive 20
to Sommerville Drive 2:45 PM to 3:30 PM
From 200 feet north of Cedar Lake
Buffalo Springs Drive Drive 7:30 AM to 8:15 AM 20
to 185 feet south of Cedar Lake 2:45 PM to 3:30 PM
Drive
From 260 feet northwest of 7:30 AM to 8:15 AM
Calaveras Court Sommerville Drive 20
to Sommerville Drive 2:45 PM to 3:30 PM
From 135 feet west of Buffalo 7:30 AM to 8:15 AM
Cedar Lake Drive Springs Drive 20
to White River Drive 2:45 PM to 3:30 PM
From 300 feet southwest of
La Cima Boulevard Arrowhead Drive 7:30 AM to 8:15 AM 20
to 300 feet northeast of Arrowhead 2:45 PM to 3:30 PM
Drive
From 180 feet northwest of Salada 7:30 AM to 8:15 AM
Livingston Drive Drive 20
to Twin Buttes Drive 2:45 PM to 3:30 PM
From 130 feet northwest of La Cima 7:30 AM to 8:15 AM
Monticello Drive Boulevard 2:45 PM to 3:30 PM 20
to La Cima Boulevard
From Livingston Drive 7:30 AM to 8:15 AM
Salada Drive to 175 feet north east of Livingston 2:45 PM to 3:30 PM 20
Drive
Ordinance No.14-69,Page 5
Sommerville Drive From White River Drive 7:30 AM to 8:15 AM 20
to Livingston Drive 2:45 PM to 3:30 PM
From Livingston Drive 7:30 AM to 8:15 AM
Texana Drive to 180 feet northeast of Livingston 2:45 PM to 3:30 PM 20
Drive
From Livingston Drive 7:30 AM to 8:15 AM
Twin Buttes Drive to 170 feet northeast of Livingston 2:45 PM to 3:30 PM 20
Drive
From 190 feet south of Cedar Lake
White River Drive Drive 7:30 AM to 8:15 AM 20
to 280 feet north of Sommerville 2:45 PM to 3:30 PM
Drive
Rucker Elementary School
Craig Road From 100 feet north of Preston Road 7:30 AM to 8:15 AM 20
to 100 feet south of First Street 2:45 PM to 3:30 PM
Reynolds Middle School
Church Street From 30 feet north of Eighth Street 7:30 AM to 8:15 AM 20
to Prosper ISD Property Line 3:00 PM to 3:45 PM
From 160 feet north of Gorgeous
Coleman Street Drive 7:30 AM to 8:15 AM 20
to 60 feet south of Wilson Drive 3:00 PM to 3:45 PM
Rogers Middle School
From 300 feet south of Richland
Coit Road Boulevard 7:45 AM to 8:30 AM 20
to 1,150 feet north of Richland 3:00 PM to 3:45 PM
Boulevard
Richland Boulevard From 300 feet west of Coit Road 7:45 AM to 8:30 AM 20
to east end of roadway 3:00 PM to 3:45 PM
Prosper High School
Coleman Street From 110 feet east of Talon Lane 8:00 AM to 8:45 AM 20
to east end of roadway 3:15 PM to 4:00 PM
From 3,930 feet west of SH 289
Frontier Parkway (Preston Road) 8:00 AM to 8:45 AM 20
to 3,305 feet west of SH 289 3.15 PM to 4:00 PM
(Preston Road)
Secs. 12.09.005-12.09.010 Reserved"
SECTION 5
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 6
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
Ordinance No.14-69,Page 6
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 7
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 8
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 23RD DAY OF SEPTEMBER, 2014.
APPROVED:
Ray Smito, Mayor
ATT E
i
Robyn Bath, Town secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 14-69,Page 7