02-59 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 02-59
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS
ESTABLISHING THE MAXIMUM SPEED LIMIT OF TWENTY FIVE
(25) MILES PER HOUR FOR THE STREETS LOCATED WITHIN THE
STONE CREEK SUBDIVISION, PROSPER, 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 THE LOWERING OF SPEED LIMITS OF
OTHER SUBDIVISIONS IN THE TOWN OF PROSPER, TEXAS;
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, Section 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 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 of the citizens of Prosper to declare a
reasonable and prudent speed of twenty five (25) miles per hour as the maximum speed
for the streets located within the Stone Creek Subdivision, Prosper, Collin County, Texas
as described below.
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 for the Streets Located
Within the Stone Creek Subdivision. Based upon an engineering and traffic
ORDINANCE ESTABLISHING SPEED LIMIT (HIGHLAND MEADOWS SUBDIVISION) - Page I
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investigation heretofore made, and as authorized by the provisions of Section
545.356 of the Texas Transportation Code, the prima facie speed limit for the
streets located within the Stone Creek Subdivision of Prosper, as more particularly
described in the final plats filed of record for the Stone Creek Subdivision in
Clerk's File No. 97-0049622, June 24, 1997, shall be a speed of twenty five (25)
miles per hour ("Stone Creek"). Such prima facie speed for vehicles traveling on
the streets located within the Stone Creek Subdivision is hereby determined and
declared to be a reasonable and prudent speed.
SECTION 3: Placement of Signs. The Town Administrator, or his/her
designated representative, is hereby authorized and directed to cause the
placement of signs in the Stone Creek Subdivision, indicating the maximum speed
allowed. The signs shall be placed at the most advantageous points to be
conspicuous to approaching vehicular traffic. The signs shall be permanently
affixed to a stationery post or installed on permanent buildings or walls or as
approved by the Town Administrator, or his/her designated representative. The
signs shall in no way be obstructed from view, and shall comply with applicable
state laws.
SECTION 4: Lowering of Speed Limit of Other Subdivisions. The Town
Council will consider lowering the speed limit of any subdivision in Prosper, after
the effective date of this Ordinance, if a majority of the landowners in the
subdivision sign a petition, indicating such a desire, which must be verified by the
Town Secretary; provided, however, if there are traffic, safety and/or any other
issues warranting the lowering of the speed limit, the Town Council shall be
allowed to lower the speed limit on any street/highway in Prosper in accordance
with any and all applicable laws.
SECTION 5: Savings/Repealin Clause. lause. 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 portions of said
ordinances shall remain in full force and effect.
SECTION 6: 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.
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SECTION 7: 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). Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 8 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 10th day of December, 2002.
J ES DUNMIRE, MAYOR
ATTE TED TO AND
CO C LY RDED BY:
AM ER PHILLIPS
Town Secretary
DATE(s) OF PUBLICATION.. A" b�,- 14, a DDT in The McKinney Courier -Gazette
ORDINANCE ESTABLISHING SPEED LIMIT (HIGHLAND MEADOWS SUBDIVISION) - Page 3
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aF 'awKlyd
PUBL = SHER ' S AFF T JE)AV= T
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes
and says that he is the Publisher of The McKinney Courier -Gazette and that said newspaper meets the requirements of
Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit:
� O
Printer's Fee $ G =�^
No. 1 ,� _ iJ� -/ Description
Aoo�
1. It devotes not less than twenty-five percent (251) of its total column lineage to general interest
items;
2. it is published at least once each week;
3. it is entered as second-class postal matter in the county where it is published;
4. it has been published regularly and continuously since 1897; and
5. it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s)
to wit;
2002 AD
JA M !ffr V
E ito and Publisher
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
�' a) is personally known to me, or
b) provided the following evidence to establish his/her identity,
�) a
i
on this the l � day of ��'-��'L A.D. 2002 to certify wh. h witness my hand and seal of
office.
Notary PZlic, State of Texas
(SEAL)
COMMISSION EXPIRES
LAVERNE GRAVES
Notary Public, State ofTexas
My Commission Expires
is 05-12.2005
CouriersGazette •972.542-2631.
CCALI
lassifieds Monday -
Legal Notices Legal Notices Legal Notices Legal Notices
To be published in the -- - -- - - -- -- - _ _ 21, 1999 ON WEST ACCESS
McKinney Courier -Gazette on To be published in the OF HWY 75 AT THE
McKinney Courier -Gazette on To be published in the INTERSECTION OF 16TH
Monday, December 16, 2002. y McKinney Courier -Gazette on
Monday, December 16, 2002. STREET IN PLANO, COLLIN
Monday, December 9
LEGAL NOTICE Monday, December 16, COUNTY, TEXAS.
TOWN OF PROSPER, TEXAS LEGAL NOTICE The officer executing this writ
ORDINANCE NO.02-59 TOWN OF PROSPER, TEXAS Monday, December 23, and shall promptly serve the same
RESOLUTION NO.02-58 Monday. December 30. according to requirements of
LEGAL NOTICE law, and mandates thereof,
AN ORDINANCE OF THE THE STATE OF TEXAS
TOWN OF PROSPER, TEXAS A RESOLUTION OF THE To JAYAPRAKASH P. and make due return as the
ESTABLISHING THE TOWN COUNCIL OF THE law directs.
LAKIREDDY
MAXIMUM SPEED LIMIT OF
TOWN OF PROSPER. Issued and given under my
TEXAS, ORDERING AN Whose whereabouts are hand and seal of said Court in
TWENTY FIVE (25) MILES unknown.
PER HOUR FOR THE ELECTION TO BE DEFENDANT, GREETING: McKinney, Texas. on
STREETS LOCATED WITHIN CONDUCTED ON You have been sued. You may December 5, 2002,
THE STONE CREEK SATURDAY, FEBRUARY 1, ey. If you o- Hannah Kunkle
SUBDIVISION, PROSPERemploy an attornr
, 2003 FOR THE PURPOSE OF your attorney rn not file District Clerk, Collin County,
COLLIN COUNTY, TEXAS: APPROVING OR written answer with the clerk Texas Courthouse, McKinney,
PROVIDING FOR DISAPPROVING THE Texas 75069 by Rebecca
NOTIFICATION OF THE PROPOSITION OF who issued this citation by Cain, Deputy
REDUCING THE TAX RATE 10:00 a.m. of the Monday next
MAXIMUM SPEED LIMIT BY following the expiration of
THE INSTALLATION OF IN THE TOWN OF PROSPER, lorry -two days from the date of
SIGNS AND MARKERS TO TEXAS FOR THE CURRENT the of issuance of this citation. Personal
REGULATE VEHICULAR YEAR, FROM 2002 TO 2003; a default judgment may be
SPEED ON THE AUTHORIZING THE TOWN taken against you."
DESIGNATED STREETS; SECRETARY TO MAKE YOU ( AND EACH OF YOU) DOES
PROVIDING FOR THE SUBMISSIONS TO THE ARE HEREBY COMMANDED
LOWERING OF SPEED UNITED STATES JUSTICE to appear before the
LIMITS OF OTHER DEPARTMENT FOR PRE- Honorable 296th District Court
SUBDIVISIONS IN THE CLEARANCE APPROVAL; of Collin County, Texas at the YOUR
TOWN OF PROSPER, ESTABLISHING OTHE Courthouse thereof, in
TEXAS; PROVIDING FORA PROCEDURES FH M inney, Texas, by filing a ADVERTISEMENT
PENALTY FOR THE CONDUCTING TH w en nswer at or before 10
VIOLATION OF THIS ELECTION; AND R�/ I o' c of the first
ORDINANCE; PROVIDING FOR AN EFFEC E ext after the STAND OUT?
FOR REPEALING, SAVINGS HEREOF a it of forty two days
AND SEVERABILITY t the date of issuance of
CLAUSES; PROVIDING FOR this citation, same being on Your classified advertising
AN EFFECTIVE DATE OF January 20, 2003, to
THIS ORDINANCE; AND AMENDED ORIGINAL representative can help
PROVIDING FOR THE PETITION was filed in said
PUBLICATION OF THE $�H RGE IT! court, on September 25, 2000 you make sure you are
CAPTION HEREOF. in this Cause, numbered 296- noticed Just ask about
00899-00 on the docket of said
VM court and styled: "Bold Words"! 972-
i_ PLAINTIFF SIBRENA COBB
VS. DEFENDANT: 542.2631,
RESULTSGET
PULLAREDDY LAKIREDDY
'�°'"'� JAYAPP%AKASH LAKIREDDY
said AMENDED ORIGINAL - - —
' PETITION was filed in said Grace Hospice is in need RI
Call court by JAMES DELL, of Volunteers for Patient
Attorney for plaintiff, whose Companionship and
address is: 555 REPUBLIC Caregiver respite. If
• ' , ' , 542-2631 STE PLANO, TX interested in donating your
75075074,(972-31-312-1230)
i' A brief statement of the time please Call Grace
nature of this suit is as follows, Hitispice
to place your ad to wit: Allen, Texas. 972-396-
AUTO ACCIDENT ON OCT. 7100 or fax 972-396-7878