06-031 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-31
AN ORDINANCE OF THE TOWN OF PROSPER,TEXAS ESTABLISHING THE MAXIMUM SPEED LIMIT OF
TWENTY-FIVE (25) MILES PER HOUR FOR QUALIFIED STREETS CONTAINED WITHIN ALL PLATTED
SUBDIVISIONS,LOCATED IN THE TOWN OF PROSPER,TEXAS;PROVIDING FOR NOTIFICATION OF THE
MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR
SPEED ON THE DESIGNATED QUALIFIED STREETS;PROVIDING FOR THE RAISING OF SPEED LIMITS OF
OTHER SUBDIVISIONS IN THE TOWN OF PROSPER, TEXAS TO THE ESTABLISHED MAXIMUM SPEED
LIMIT OF TWENTY-FIVE(25) MILES PER HOUR; 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 a governing body of a municipality may alter by
ordinance prima facie speed limits of a street or highway within the Town of Prosper, Texas("Prosper")based on the results of an
engineering and traffic investigation,which shall be effective when appropriate signs giving notice thereof are erected on the subject
street or highway; and
WHEREAS,in May 2005,the Texas Legislature passed House Bill 87,amending§545.356 of the Texas Transportation;
and
WHEREAS,House Bill 87 provides that a governing body of a municipality,for a highway or a part of a highway in an urban
district in the municipality:(i)that is not an officially designated or marked highway or road of the state highway system,(ii)that is
thirty-five feet(35')or less in width; (iii)that does not contain four(4)or more lanes used for vehicular travel;and (iv)along which
vehicular parking is not prohibited on one or both sides of the highway or street, may declare a lower speed limit of not less than
twenty-five(25)miles per hour,if the governing body determines that the prima facie speed limit on the highway is unreasonable or
unsafe("Qualified Streets"); and
WHEREAS, based on its review and investigation of engineering and traffic studies and data provided by Town staff,the
Town Council of the Town of Prosper, Texas("Town Council") has determined that any current speed limit on Qualified Streets
contained within all platted subdivisions located in Prosper that is greater than twenty-five(25)miles per hour is unreasonable;and
WHEREAS,based on its review and investigation of engineering and traffic studies and data provided by Town staff,the
Town Council finds that establishing the maximum speed limit of twenty-five(25)miles per hour for Qualified Streets contained within
all platted subdivisions located in Prosper is reasonable based on,among other things,the results of engineering and traffic studies
and data provided by Town staff; and
WHEREAS,Town staff provided Town Council with the results of engineering and traffic studies related to establishing the
maximum speed limit of twenty-five (25) miles per hour for Qualified Streets contained within all platted subdivisions located in
Prosper, the results of which provide, among other things, that a lower speed limit in residential areas: (i) increases safety by
allowing more reaction time for drivers and children who try to occupy the same space in the street at the same time; and (ii)
decreases the amount of kinetic energy that a vehicle will have if a collision should occur,which could mean the difference between
an injury collision and a fatal collision; and
WHEREAS,Town staff provided Town Council with information obtained from the"General Estimates System"database of
police-reported accidents,which determined that incapacitating pedestrian injuries rose from 18.2 percent in twenty-five(25)mile per
hour zones to 23.4 percent in thirty(30)mile per hour zones; and
WHEREAS, the "General Estimates System" database of police-reported accidents further revealed that pedestrian
fatalities spiked respectively from 1.8 percent in twenty-five(25)mile per hour zones to 5.4 percent in thirty(30)mile per hour zones,
representing a three-fold increase just for the five(5) mile per hour increase; and
WHEREAS,the Town Council has investigated and determined that the maximum and reasonable speed limit for Qualified
Streets contained within all platted subdivisions located in Prosper is and should be twenty-five (25) miles per hour as set forth
below; and
WHEREAS, the Town Council has further investigated and determined that based on the engineering and traffic
investigation and studies discussed herein,the maximum and reasonable speed for the streets located within the Highland Meadows
Subdivision(hereinafter defined) is and should be raised to twenty-five(25) miles per hour 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: Establishment of Twenty-Five (25) Mile Per Hour Maximum Speed Limit for the Qualified Streets
Contained Within all Platted Subdivisions Located in Prosper.Based on the engineering and traffic investigations heretofore made
and considered,and as authorized by the provisions of Section 545.356 of the Texas Transportation Code,the prima facie maximum
speed limit for all Qualified Streets contained within all platted subdivisions located in Prosper is and shall be a speed of twenty-five
(25)miles per hour. Such prima facie speed for vehicles traveling on said Qualified Streets contained within all platted subdivisions
located in Prosper is hereby determined and declared to be a reasonable and prudent speed.
SECTION 3: Establishment of Twenty-Five (25) Mile Per Hour Maximum Speed Limit for the Highland Meadows
Subdivision. Based on the engineering and traffic investigations heretofore made and considered, and as authorized by the
provisions of Section 545.356 of the Texas Transportation Code, the prima facie maximum speed limit for the Qualified Streets
located within the Highland Meadows Subdivision of Prosper,as more particularly described in the final plats filed of record for the
Highland Meadows Subdivision in Clerk's File Nos.99-0020349,February 18,1999(Phase I)and 2001-0139481,November 2,2001
(Phase II)("Highland Meadows Subdivision"),is and shall be a speed of twenty-five(25)miles per hour. Such prima facie speed for
vehicles traveling on said Qualified Streets located within the Highland Meadows Subdivision 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 appropriate signs giving notice of the maximum speed limit for the Qualified Streets contained
within all platted subdivisions located in Prosper,including,but not limited to,the Highland Meadows Subdivision. 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 applbable state laws.
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).
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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS on this 28th day of
March 2006.
CHA ES ANGER,
ATTESTED TO AND
CO CTLY RECORDED BY:
S ANAE JENNING TOWN SEC ARY
DATE(s) OF PUBLICATION: b 4 4 3 O in The Dallas Morning News, Collin County Section