03-13 - O5404►j�10�8�
-
TOWN OF PROSPER, TEXAS ORDIN
63jc9f
,
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS
ESTABLISHING THE MAXIMUM SPEED LIMIT OF THIRTY-FIVE
(35) MILES PER HOUR FOR COUNTY ROAD 48, PROSPER, COLLIN
COUNTY, TEXAS, FROM STATE HIGHWAY 289 WEST TO
BUSINESS HIGHWAY 289; PROVIDING FOR NOTIFICATION OF
THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS
AND MARKERS TO REGULATE VEHICULAR SPEED ON THE
DESIGNATED ROAD; 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 thirty-five (35) miles per hour as the maximum speed for
County Road 48, Prosper, Collin County, Texas, from State Highway 289 west to
Business Highway 289 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. Based upon an
engineering and traffic investigation heretofore made, and as authorized by the
provisions of Section 545.356 of the Texas Transportation Code, the prima facie
ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 48) - Page 1
CADocuments and Settings\Amber\My Documents\ORDINANCES\Ordinance nO. 03-13.doc
5404 000788
speed limit for County Road 48, Prosper, Collin County, Texas, from State
Highway 289 west to Business Highway 289, is hereby established as thirty-five
(35) miles per hour. Such prima facie speed for vehicles traveling on County
Road 48, Prosper, Collin County, Texas, from State Highway 289 west to
Business Highway 289, 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 along County Road 48, Prosper, Collin County, Texas, from
State Highway 289 west to Business Highway 289, 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: Savings/RepealingClause. cause. 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 5: Severabilily. 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). 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.
ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 48) - Page 2
C:\Documents and Settings\AmberWy Documents\ORDINANCES\Ordinance nO. 03-13.doc
5404 "00789
�p DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE
f..,ZOWNOE4VROSPER, TEXAS on this 81" day of April, 2003.
oe
rn
ATTE -�ED, TO AND
C D T-LY RECORDED BY:
AMBER PHILLIPS
Town Secretary
J MES DUNMIRE, MAYOR
DATE(s) OF PUBLICATION. April 11, 2003, in the McKinney Courier -Gazette
ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 48) - Page 3
C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance nO. 03-13.doc
5404 000190
ANY PROVISION HEREIN WHICH RESTPACTS THE SALE, RENTAL, OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) (COUNTY OF COLLIN)
I hereby certify that this instrument was FILED in the File Number Sequence on the dale
and the time stamped hereon by me, and was duly RECORDED, in the Official Public
Recatls of Real Property of Collin County. Te;cas on
APIR 2 5 ?003
>F
Brenda Taylor
F,i ll d f r k corn »:
Coin�ou»ty, T1c�{inney TX
Honorable Brenda Taylor
Collin County Clerk
On Apr 25 2003
At 10:51am
Doc/Num : 2003- 0075347
Recordin /Type:Ok 15.00
Receipt #: 15732