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2021-44 - O -Ordinance amending Section 12.09.003 "Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the prima facie speed limits on certain streets. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-44 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.09.003, "SPEED LIMITS ON SPECIFIC STREETS," OF CHAPTER 12, "TRAFFIC AND VEHICLES," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS WITHIN THE TOWN OF PROPSER; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas ("Town"), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, Section 545.356 of the Texas Transportation Code provides that the governing body of a municipality may alter prima facie speed limits by ordinance based on the results of an engineering and traffic investigation; and WHEREAS, the Town has investigated the speed limits on streets within its corporate limits and has determined that restating and modifying the prima facie speed limits is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.09.003, "Speed Limits on Specific Streets," of Chapter 12, "Traffic and Vehicles," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the prima facie speed limits on certain streets, to read as follows: "Sec. 12.09.003 Speed Limits on Specific Streets A person shall not operate a vehicle upon a public street or highway listed in this section at a speed greater than established by this section, with the limits established being prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. The following maximum speed limits are established: Town Streets Speed Street Name Limits Limit (MPH) Broadway McKinley Street to Coleman Street 25 Coit Road US 380 (University Drive)to FM 1461 (Frontier Pkwy) 45 Coleman Street Richland Boulevard to Lovers Lane 40 Coleman Street Lovers Lane to Broadway 30 Coleman Street Broadway to Gorgeous Drive 30 Coleman Street Gorgeous Drive to Talon Lane 45 Coleman Street Talon Lane to SH 289 (Preston Road) 45 Cook Lane First Street to Prosper Trail 35 Craig Road SH 289 (Preston Road) to FM 1193 (Broadway) 25 Dallas Parkway US 380(University Drive) to Frontier Parkway 50 First Street Legacy Drive to 400 feet west of BNSF Railroad 45 First Street 400 feet west of BNSF Railroad to Craig Road 30 First Street Craig Road to FM 2478(Custer Road) 45 Fishtrap Road FM 1385 to Legacy Drive 45 Frontier Parkway Legacy Drive to Dallas Parkway 35 Frontier Parkway Dallas Parkway to SH 289 (Preston Road) 30 Gee Road US 380(University Drive)to Fishtrap Road 45 Good Hope Road Windsong Parkway to Parvin Road 35 Hays Road First Street to South Chandler Circle 30 La Cima Boulevard US 380(University Drive)to First Street 40 Legacy Drive US 380 (University Drive) to 1,600 feet north of Prairie Drive 45 Legacy Drive Fishtrap Road to Frontier Parkway 35 Lovers Lane US 380(University Drive)to SH 289 (Preston Road) 40 Lovers Lane SH 289 (Preston Road) to Coleman Street 40 Ordinance No.2021-44, Page 2 McKinley Street First Street to Fifth Street 25 Main Street First Street to Seventh Street 25 Parvin Road FM 1385 to Legacy Drive 35 Prairie Drive 1,400 feet west of Legacy Drive to 1,900 east of Legacy Drive 45 Prosper Commons Blvd. US 380 (University Drive) to Richland Boulevard 30 Prosper Road Teel Parkway to Legacy Drive 35 Prosper Trail Legacy Drive to 1,000 feet east of Legacy Drive 35 Prosper Trail 1,000 feet east of Legacy Drive to Dallas Parkway 45 Prosper Trail Dallas Parkway to SH 289(Preston Road) 45 Prosper Trail SH 289(Preston Road) to Coit Road 45 Prosper Trail Coit Road to FM 2478 (Custer Road) 45 Richland Boulevard Coleman Street to SH 289 (Preston Road) 40 Richland Boulevard SH 289 (Preston Road)to Lovers Lane 40 Richland Boulevard 1,100 feet west of La Cima Boulevard to 900 feet east of La Cima 45 Boulevard Richland Boulevard Prosper Commons Boulevard to Coit Road 45 Richland Boulevard Coit Road to 900 feet east of Coit Road 45 Safety Way Dallas Parkway to Cook Lane 35 Shawnee Trail Star Trace Parkway to Caruth Drive 45 Talon Lane Coleman Street to Frontier Parkway 45 Teel Parkway US 380 (University Drive)to Windsong Parkway 45 Teel Parkway Windsong Parkway to Prosper Road 35 Victory Way Coleman Street to Frontier Parkway 45 Windsong Parkway US 380 (University Drive)to 1,000 feet north of US 380 30 (University Drive) I Ordinance No.2021-44, Page 3 State Highways Speed Highway Limits Limit (MPH) FM 1193 Coleman Street to SH 289 (Preston Road) 35 (Broadway) FM 1385 US 380 to Parvin Road 55 FM 1461 SH 289 (Preston Road) to FM 2478 (Custer Road) 55 (Frontier Pkwy) FM 2478 US 380 (University Drive) to FM 1461 (Frontier Pkwy) 55 (Custer Road) SH 289 US 380 (University Drive) to FM 1461 (Frontier Pkwy) 55 (Preston Road) US 380 FM 1385 to Red Bud Drive 60 (University Drive) US 380 Red Bud Drive to FM 2478 (Custer Road) 55 (University Drive) SECTION 3 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 4 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. The Town of 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 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Ordinance No.2021-44,Page 4 SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, 0 O Pj- DAY OF AUGUST, 2021. 0 APPROVED: fir© rd 5-71,1 ic * Ray Smit�, Mayor ATT- e 1914 )Jk / LawiLi 44EVIMet obyn Bat -, - m . . e retary APPROVED AS TO FORM AND LEGALITY: ,-It. -, Terrence S. Welch, Town Attorney I Ordinance No.2021-44,Page 5