09-100 - O TOWN OF PROSPER, TEXAS ORDINANCE NO.09-100
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS; AMENDING
ORDINANCE NOS. 85-19, 86-27, 97-08, 03-13, 03-14, 03-15, AND 04-86;
ESTABLISHING THE MAXIMUM SPEED FOR CERTAIN RESIDENTIAL
STREETS LOCATED WITHIN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED
LIMIT IN SUCH ZONE(S); PROVIDING FOR NOTIFICATION OF THE
MAXIMUM SPEED LIMIT(S) BY THE INSTALLATION OF SIGNS AND
MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED
STREET(S); 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, §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,among
other things, whether the highway is a two-lane undivided highway, as well as the usual traffic
thereon, said governing body may determine and declare reasonable and prudent maximum prima
facie speed limits 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") has
investigated and determined that it is in the best interests of the citizens of Prosper to amend the
speed limit on certain streets in Prosper in addition to establishing new speed limits; and
WHEREAS,the Town Council finds it necessary for the protection and safety of the citizens
of Prosper to declare a reasonable and prudent speed on the streets identified in Exhibit"A",attached
hereto and incorporated herein for all purposes within Prosper, Collin County, Texas, as set forth
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: Ordinance Nos. 85-19, 86-27, 97-08, 03-13, 03-14, 03-15 and 04-86 are
amended as identified in Exhibit"A."Ordinance Nos. 85-19, 86-27,97-08,03-13,03-14,03-15 and
04-86 are hereby amended as identified in Exhibit"A."
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SECTION 3: Establishment of Prima Facie Speed for the Residential Streets located within
Prosper. Based upon an engineering and traffic investigation heretofore made,and as authorized by
the provisions of, among others, §545.356 of the Texas Transportation Code, the prima facie
maximum speed limits for the residential streets within Prosper shall be as described in Exhibit"A",
attached hereto and incorporated herein for all purposes. Such prima facie speed for vehicles
traveling on the residential streets within Prosper is hereby determined and declared to be a
reasonable and prudent speed.
SECTION 4: Placement of Signs. The Town Administrator, or his/her designated
representative,is hereby authorized and directed to cause the placement of signs in residential zones,
indicating the maximum speed allowed. The signs shall in no way be obstructed from view, and
shall comply with applicable state laws. Signs indicating the speed limits provided herein shall be
placed at the most advantageous points to be conspicuous to approaching vehicular traffic in
accordance with the Uniform Manual on Traffic Control Devices, as amended,promulgated by the
state department of transportation. The signs shall be permanently affixed to a stationery post or
installed on permanent buildings or walls or as otherwise approved. The Town Administrator, or
his/her authorized representative,is authorized and directed to cause to be erected such appropriate
signs.
SECTION 5: 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 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.
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). The penal provisions imposed under
this Ordinance shall not preclude Prosper from filing suit to enjoin a violation. 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.
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DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 25th day of August, 2009.
ARLES NISWANGE yor
ATTESTED AND CORRECTLY ®®o r F pR ®®/
RECORDED: ®®® ��o�.o•osoos.. .�s®.
l:11/011114'" ? A...4T: •%"" .%0--1,
atthew Denton, TRMCo ego
Town Secretary ®®�, • Z.
• o0
Date of Publication: v e J 'dam ir ., "2)02 00f ,pccapar-ign=-'C"'s"
D4LL4s /MLA-,%.,s4 .0 .s
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Exhibit"A"
STREET NAME DESCRIPTION SPEED
From a point 133 feet north of 8th Street northward to a point
Coleman 45
524 feet south of Talon Lane
From a point 524 feet south of Talon Lane,northward,turning
Coleman 30
eastward to the end of the pavement
Talon Lane From the intersection with Coleman, northward to the 45
intersection with Frontier Parkway
Frontier Parkwa From the BNSF railroad tracks, eastward to Preston Road. 45
y Eastbound lane only
Broadway From McKinney Street Eastward to State Hwy. 289 30
First Street From State Hwy. 289 Westward to BNSF railroad tracks 30
Beginning at said point(mp 0.000)being at the intersection of
Business SH 289 thence continuing in an easterly direction
FM 1193 35
along FM 1193 for a distance of 0.700 mile, approximately,
said point(mp 0.700)being at the intersection of SH 289
Prosper Trail From State Hwy. 289 West to Business Hwy. 289 35
From State Hwy. 289 East to Town limits (approximately '/a
Prosper Trail mile) and between State Hwy. 289 (Preston Rd.) and County 45
Road 80 (Coit Road)
Prosper Trail From Farm to Market Road 2478(a/k/a Custer Road)to County 45
Road 80
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF'DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Cristy
Thieleman, Advertising Representative for the DALLAS MORNING NEWS, being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News on:
September 2, 2009
(C ' t •Thielema
Sworn to and subscribed before me this September 2, 2009
`"r:o0 µY PUB i JAMES G. DRAKE
" ,* . `� Notary Public,State of Texas
�N, ":y? My Commission Expires
•ip••.;;"' June 15,2011 1 (Notary Public)