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04-086 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-86 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON COUNTY ROAD 81 (PROSPER TRAIL) SITUATED IN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR SIGNS SHOWING THE SPEED LIMIT IN EACH ZONE; REPEALING ALL ORDINANCES AND CONFLICTS HEREWITH; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE PUBLICATION AND CAPTION OF THIS ORDINANCE AND THE EFFECTIVE DATE THEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code, provides that whenever the governing body of the Town 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, 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") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to increase the speed limit on County Road 81 / Prosper Trail between State Highway 289 (Preston Road) and County Road 80 (Coit Road) from 35 mile per hour to 45 miles per hour. 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 Limit. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 545.356 of the Texas Transportation Code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be safe; and such speed limits are hereby fixed at the rate of speed indicated for traveling upon the named street as described hereafter: A speed limit of 45 miles per hour on County Road 81 / Prosper Trail between State Highway 289 (Preston Road) and County Road 80 (Coit Road) CR 81 Prosper Trail Speed Limit Ordinance Page 1 CAShanaelORDINANCES&RESOLUTIONSIORDINANCESI2004 Ordinancesl04-86,Speed Limit Ordinance-CR 81.doc When no special hazards exist that require a lower speed, the speed of any vehicle not in excess of the limit specified shall be lawful, but any speed in excess of the limit specified shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. SECTION 3: Placement of Signs. The City Administrator, or his designee, of the Town of Prosper, Texas is hereby authorized to install such signs as may be necessary to control traffic as affected by the passage of this Ordinance in accordance with applicable laws. SECTION 4: Savings/Repealing. 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 portion of conflicting ordinances shall remain in full force and effect. SECTION 5: Penalty. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum of not less that 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 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. SECTION 7: Effective Date. This Ordinance shall become 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 24th day of August, 2004. C R ANGE ayor ATTESTED AND CORRECTLY RECORDED: S ANAE JENN , Town Sec or Date(s)of Publication: The Dallas Morning News—Collin County Edition CR 81 Prosper Trail Speed Limit Ordinance Page 2 C:IShanaelORDINANCES&RESOLUTIONSIORDINANCESI2004 Ordinancesl04-86,Speed Limit Ordinance-CR 81.doc AFFIDAVIT OF PUBLICATION STATE,OF TEXAS COUNTY OF DALL NS Before me, a Notary Public in and for Dallas County,this day personally appeased Bi1` Rutledge, Telephone Sales Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: TOWN OF PROSPER-Ordinances 04-82, 83, 84 & 86 as published in THE COLLIN COUNTY MORNING NEWS on: AUGUST 28 & 30, 2004 ,--), (Bill Rutledge) Sworn to and subscribed before me this AUGUST 30, 2004 A.D. c T ,, > (Lisa Battenfi d) •:of,,PUR„'=�� i • - h"v TOWN OF PROSPER TEXAS ORDINANCE NO. 04-86 /. ' ' •- '1;�`\\•` AN ORDINANCE AL- TERING THE PRIMA //>>� ll811+i FACIE ROAD 81 (PROSPER TRAIL) SIT- UATED IN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR SIGNS SHOWING THE SPEED LIMIT IN EACH ZONE; REPEALING ALL ORDI- NANCES AND CON- FLICTS HEREWITH; PRESCRIBING PENAL- TIES FOR THE VIOLA- TION THEREOF; PRO- VIDING FOR THE PUB- LICATION AND CAP- TION OF THIS ORDI- F ENC T II VOETD A T E THEREOF.