03-45 - O5433 004103
TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-45
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS
ESTABLISHING THE MAXIMUM WEIGHT LIMIT OF EIGHTEEN
THOUSAND POUNDS (18,000 LBS.) PER AXLE FOR COUNTY
ROAD 81, PROSPER, COLLIN COUNTY, TEXAS, FROM STATE
HIGHWAY 289 EAST TO PROSPER'S TOWN LIMITS
(APPROXIMATELY V2 MILE); PROVIDING FOR NOTIFICATION OF
THE MAXIMUM WEIGHT LIMIT BY THE INSTALLATION OF
SIGNS AND MARKERS; 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, Chapter 621, Transportation Code, establishes provisions relating to
vehicle size and weight; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")
has investigated and determined and finds it is necessary for the protection and safety of
the citizens of the Town of Prosper, Texas ("Prosper") to declare a reasonable and
prudent limit of eighteen thousand pounds (18,000 lbs.) as the maximum weight limit for
County Road 81, Prosper, Collin County, Texas, from State Highway 289 east to
Prosper's Town Limits (approximately %z 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 Maximum Weialit Limit. Based upon an
engineering and traffic investigation heretofore made, and as authorized by the
provisions of Chapter 621, Transportation Code, the maximum weight limit for
County Road 81, Prosper, Collin County, Texas, from State Highway 289 east to
Prosper's Town Limits (approximately %2 mile), is hereby established as eighteen
thousand pounds (18,000 lbs.). Such maximum weight 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 weight.
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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 %2 mile),
indicating the maximum weight 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 punished in
accordance with Chapter 621, Transportation Code, as it exists or maybe amended.
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 151h day of April, 2003.
J MES DUNMIM9, MAYOR
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GATT` W. JfO'AND
OPk E -, L,YRECORDED BY:
AMBER PHILLIPS
Town Secretary
DATE(s) OFPUBLICATION. #7,44/ 1.,2003, in the McKinney Courier -Gazette
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