09-109 - O TOWN OF PROSPER, TEXAS ORDINANCE NO.09-109
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS,
AMENDING ORDINANCE NO. 09-099 (EXHIBIT "A"),
ESTABLISHING SCHOOL ZONES FOR CERTAIN STREETS
LOCATED IN THE TOWN OF PROSPER, COLLIN/DENTON
COUNTY(IES), TEXAS; ESTABLISHING PRIMA FACIE
MAXIMUM SPEED LIMITS DURING SCHOOL HOURS 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, §541.302 of the Texas Transportation Code defines a "school
crossing zone" as a reduced speed zone designated on a street by a local authority to
facilitate safe crossing of the street by children going to or leaving a public or private
elementary or secondary school during the time the reduced speed limit applies; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town
Council") finds it is necessary for the protection and safety for the pedestrian traffic
adjacent to public elementary and secondary schools within Prosper to declare reduced
speed school zones on certain public streets adjacent to public elementary and secondary
schools within Prosper,Texas and to amend Ordinance No. 09-099(Exhibit"A")as set
forth below.
ORDINANCE AMENDING REDUCED SPEED SCHOOL ZONES-Page 1 of 4
558120-v1
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: Amendment to Ordinance No. 09-099 (Exhibit "A");
Establishment of Reduced Speed School Zones. Ordinance No. 09-099 is hereby
amended for the sole purpose of establishing additional reduced speed school zones on
streets-located within Prosper as described in Exhibit "A", attached hereto and
incorporated herein for all purposes. Upon the basis of an engineering and traffic
investigation, and as authorized by the provisions of, among others, §545.356 of the
Texas Transportation Code, the prima facie maximum speed limits for the designated
school zones within Prosper shall be as described in Exhibit"A". It shall be unlawful
for any person to operate or drive any vehicle at a speed greater than the speed
designated or posted,or to overtake or pass any other vehicle in any school zone as may
be marked or designated within Prosper during the hours indicated upon signs erected in
such zone.
SECTION 3: Placement of Signs. 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 Texas Uniform Manual on Traffic Control
Devices, as amended, promulgated by the Texas Department of Transportation. The
signs shall be permanently affixed to a stationery post or other fixed object. The signs
shall in no way be obstructed from view and shall comply with applicable state laws.
The Town Manager, or his/her authorized representative, is authorized and directed to
cause to be erected such appropriate signs.
SECTION 4: Savings/Repealing Clause. Ordinance No.09-099 shall remain in
full force and effect, save and except as amended by this or any other ordinance. 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.
ORDINANCE AMENDING REDUCED SPEED SCHOOL ZONES-Page 2 of 4
558120-v1
SECTION 6: Penalty Provision. Any person violating Ordinance No.09-099
or 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 7: 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 8th day of September, 2009.
ARLES NISW , Mayor
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"1 THEW DENTON, TRMC
Town Secretary
Date of Publicatior, S rL' %ei'£C(. (8 a 7 ,Dallas Morning
News
ORDINANCE AMENDING REDUCED SPEED SCHOOL ZONES-Page 3 of 4
558120-v1
Exhibit "A"
STREET NAME DESCRIPTION TIME SPEED
From a point 239.5 feet west of Craig 7:15 AM to 8:45AM
First Street Street to a point 218.6 feet east of 20
2:45 PM to 4:00 PM
Craig Street
From a point 160.3 feet north of First 7:15 AM to 8:45AM
Craig Street Street to a point 1027 feet south of 20
2:45 PM to 4:00 PM
First Street
From the intersection with White
Somerville River to the intersection with 7:15 AM to 8:45AM 20
2:45 PM to 4:00 PM
Livingston
From Livingston to a point 180 feet 7:15 AM to 8:45AM
Texana 20
northeast 2:45 PM to 4:00 PM
From Livingston to a point 120 feet 7:15 AM to 8:45AM
Twin Buttes 20
northeast 2:45 PM to 4:00 PM
From a point 125 feet southeast of La 7:15 AM to 8:45AM
Livingston Cima Blvd.eastward to Prosper 20
2:45 PM to 4:00 PM
Independent School District property
Calaveras From Somerville to a point 185 feet 7:15 AM to 8:45AM 20
northwest 2:45 PM to 4:00 PM
From Somerville to a point 675 feet 7:15 AM to 8:45AM
Arrowhead 20
northwest 2:45 PM to 4:00 PM
From a point 640 feet northwest of 7:15 AM to 8:45AM
Whiteriver Somerville south east to the end of the 20
2:45 PM to 4:00 PM
roadway
From Whiteriver to a point 120 feet 7:15 AM to 8:45AM
Cedar Lake 20
west 2:45 PM to 4:00 PM
From a point 1139 feet north of 7:15 AM to 8:45AM
Coit Road Richland to a point 307 feet south of 20
2:45 PM to 4:30 PM
Richland
Richland From Coit to a point 255 feet west 7:15 AM to 8:45AM 20
2:45 PM to 4:30 PM
From the intersection of Talon Drive 7:15 AM to 8:45 AM
Coleman 25
eastward to the end of the roadway 2:45 PM to 4:00 PM
East bound lane.From a point 857 7:15 AM to 8:45 AM
Frontier Parkway feet east of Talon Lane,eastward to 25
2:45 PM to 4:00 PM
appoint 1357 feet east of Talon Lane.
ORDINANCE AMENDING REDUCED SPEED SCHOOL ZONES-Page 4 of 4
558120-v1
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 18, 2009
Cris Thieleman)
Sworn to and subscribed before me this September 18, 2009
(Notary Public)
ss`""Y'6Blr-_ - NotaryLYNDA Public,F.StateBLACK of Texas
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< „ May 27, 2013