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03-15 - O5404 000195 TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-15 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMIT OF FORTY-FIVE (45) MILES PER HOUR FOR COUNTY ROAD 122, PROSPER, COLLIN COUNTY, TEXAS, FROM FARM TO MARKET ROAD 2478 (A/K/A CUSTER ROAD) TO COUNTY ROAD 80; 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 forty-five (45) miles per hour as the maximum speed for County Road 122, Prosper, Collin County, Texas, from Farm to Market Road 2478 (aWa Custer Road) to County Road 80 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 ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 122) - Page 1 CADocuments and Settings\Amber\My Documents\ORDINANCES\Ordinance No. 03-15.doc 5404 000796 provisions of Section 545.356 of the Texas Transportation Code, the prima facie speed limit for County Road 122, Prosper, Collin County, Texas, from Farm to Market Road 2478 (a/k/a Custer Road) to County Road 80, is hereby established as forty-five (45) miles per hour. Such prima facie speed for vehicles traveling on County Road 122, Prosper, Collin County, Texas, from Farm to Market Road 2478 (a/k/a Custer Road) to County Road 80, 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 122, Prosper, Collin County, Texas, from Farm to Market Road 2478 (a/k/a Custer Road) to County Road 80, 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. 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. ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 122) - Page 2 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance No. 03-15.doc 5404 000191 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE T, i3OF:PROSPER, TEXAS on this 8`h day of April, 2003. s 1 r ATTESTE6 4TUAND CO ECTLY RE RDED BY: MBER PHILLIPS Town Secretary JA ES DUNMIRE, MAYOR DATE(s) OF PUBLICATION: April]], 2003, in the McKinney Courier -Gazette ORDINANCE ESTABLISHING SPEED LIMIT (COUNTY ROAD 122) - Page 3 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance No. 03-15.doc 5404 000198 Town of Prosper PO Box 307 Prosperjx 75078 ANY PROVISION HEREIN WHICH RESTKTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLEUNDER FEDERAL LAW (THE STATE OF TEXAS) (COUNTY OF COLLIN) I hereby certify that this instrument was FILED in the File Number Sequence on the date and the time stamped hereon by me; and was duly RECORDED, in the Official Public Records of Real Property of Collin County. Tetas on APR 2 5 2003 �P`�r ccrrNc Brenda Taylor Fj1jc( fc Rj ory, I I:o III oun y, , Al:Iey TX Honorable Brenda Taylor Collirt C:ouiity Clerk. On Apr 25 2003 At 10:51am Doc/NLtM : 2003- 0075349 Recording/'Type:OR 15.00 Receipt #: 15732 PUBL = S HER • S AF F = DAV = 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 Ffcinney 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: C3 Printer's Fee $ _ sz�x_ '2::�� No. , D3— I L Descripti — IVS_ 1. It devotes not less than twenty-five percent (254) of itt total column lineage to general interest items; 2. it is published at least once each week; 3. it is entered as second-cIass 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; SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who tea) is personally known to me, or b) provided the following evidence to establish his/her identity, on this the /��% day of A.D. 2003 to tify whi / Notary Public, State of Texas s my (SEAL) l ,. COMMISSION EXPIRES ES of Texas mHol xpires D seal of office. ye) To be published in the McKinney Courier -Gazette on Friday, April 11, 2003, LEGAL NOTICE TOWN OF PROSPER,TEXAS ORDINANCE NO. 03-15 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMIT OF FORTY-FIVE (45) MILES PER HOUR FOR COUNTY ROAD 122, PROSPER, COLLIN COUNTY, TEXAS. FROM FARM TO MARKET ROAD 2478 (A/K/A CUSTER ROAD) TO COUNTY ROAD BO; 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.