03-14 - O5404 000191
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 03-14
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS
ESTABLISHING THE MAXIMUM SPEED LIMIT OF THIRTY-FIVE
(35) MILES PER HOUR FOR COUNTY ROAD 81, PROSPER, COLLIN
COUNTY, TEXAS, FROM STATE HIGHWAY 289 EAST TO
PROSPER'S TOWN LIMITS (APPROXIMATELY % MILE);
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 81, Prosper, Collin County, Texas, from State Highway 289 east to
Prosper's Town limits (approximately'/2 mile) 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
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provisions of Section 545.356 of the Texas Transportation Code, the prima facie
speed limit for County Road 81, Prosper, Collin County, Texas, from State
Highway 289 east to Prosper's Town limits (approximately '`/z mile), is hereby
established as thirty-five (35) miles per hour. Such prima facie speed for vehicles
traveling on County Road 81, Prosper, Collin County, Texas, from State Highway
289 east to Prosper's Town limits (approximately''/2 mile), 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 81, Prosper, Collin County, Texas, from
State Highway 289 east to Prosper's Town limits (approximately % mile),
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/Repealing Clause. 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: 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). 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.
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DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE
TOW:` PROSPER, TEXAS on this 8`h day of April, 2003.
w
JAK4ES DUNMIRE, MAYOR
ATTESY�DFT-O AND
w� V- ECT# Y RE DED BY:
AMBER PHILLIPS
Town Secretary
DATE(s) OF PUBLICATION. April11, 2003, in the McKinney Courier -Gazette
ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 81) - Page 3
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5404 000194
Town of Prosper
PO Box 307
Prosper,Tx 75078
ANY PROVISION HEREIN WHICH RESTRICTS 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 OFCOLLIN)
I hereby cenity that this instrument was FILED in the File Number Sequence on the dale
and the lime stamped hereon by me: and was duly RECORDED, in the Official Public
Hecords el Real Propeny of Collin County, Texas on
APR 2 5 2003
d,Q�os totrµc
Brenda Taylor =�,�
F a�gd f r k cor� A
111 ounety, c ,
Hon1mey TX
orable Krenda Taylor
1:011in County Clerk
on At'sApr 25 2003
lam
Lac/Num : 200,3- 0075348
keco'rdin�gIType:ok 15,00
Receipt #:
15'T32
PURL = S HER ' S AFF = DAV I'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 be is the Publisher of The R'd1inney 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:
U
Printer's Fee $_
A-014 41 j J_ - NoM •
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;
Jim Moser
Editor 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,
on this the 2 6 day of A.D. 2003 c ti witness m and and seal of office.
Notary P lic, State of Texas
(SEAL) LA. ERNE GRAVES
COMMISSION EXPIRES Notary Public, State of Texas
My commission Expires
A, to 05-12-2005
To be published in the
McKinney Courier -Gazette on
Friday, April 11, 2003.
LEGAL NOTICE
TOW N OF
PROSPER,TEXAS
ORDINANCE NO. 03-14
AN ORDINANCE OF THE
TOWN OF PROSPER, TEXAS
ESTABLISHING THE
MAXIMUM SPEED LIMIT OF
THIRTY-FIVE (35) MILES PER
HOUR FOR COUNTY ROAD
81, PROSPER, COLLIN
COUNTY, TEXAS, FROM
STATE HIGHWAY 289 EAST
TO PROSPER'S TOWN
LIMITS (APPROXIMATELY
MILE), PROVIDING FOR
NOTIFICATION OF THE
MAXIMUM SPEED LIMIT BY
THE INSTALLATION OF
SIGNS AND MARKERS TO
REGULATE VEHICULAR
SPEEDON 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.