10-113 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-113
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NOS.85-19 AND 09-109; ESTABLISHING A SCHOOL ZONE
FOR CERTAIN STREETS LOCATED IN THE TOWN OF PROSPER,
COLLIN COUNTY; 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 ("lIros "),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") has
investigated and determined that it is in the best interests of the citizens of Prosper to amend the
reduced speed school zones on certain streets in Prosper in addition to establishing new reduced
school speed zones; and
WHEREAS,the Town Council has investigated and determined and finds that 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 as set forth below.
ORDINANCE ESTABLISHING REDUCED SPEED SCHOOL ZONES Page 1
585807.v 1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: F Ildigs I!) The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Ordinance Nos. 85-19 and 09-109 are amended as identified in Exhibit"A."
Ordinance Nos. 85-19 and 09-019 are hereby amended as identified in Exhibit"A."
SECTION 3: Establishment of Reduced Speed 'School Zones. 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," attached hereto and incorporated herein
for all purposes. 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 4: Placement ofSign . 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 noway 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 5: Savin s/Re eA[iii f°laq e. All provisions of any ordinance in conflict with
this Ordinance is hereby repealed to the extent they are in conflict;but such repeal shall not abate any
pending prosecution for violation of the repealed ordinances, 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: Severabilit . 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: Petialty+ rovisi.op. 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). 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.
ORDINANCE ESTABLISHING REDUCED SPEED SCHOOL ZONES Page 2
585807.0
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 14th day of December, 2010.
RAYSM 1-1
It, , Mayor
arn`tttttte p
ATTEST' 'D AND CORRECTLY
RECSC JDw a U p
�p ✓l iP' W MJM� p',µ+
tthew D. Denton, TRMC
I own Secretary �
v,A
Date of Publication:
d' cefli°rs M11or°arr News
ORDINANCE ESTABLISHING REDUCED SPEED SCHOOL ZONES Page 3
585807.v1
Exhibit "A"
.......—-----...........
............___
STREET NAME DESCRIPTION TIME SPEED
From a point 239.5 feet west of Craig 7:30 AM to 8:30AM
First Street Street to a point 218.6 feet east of 2:30 PM to 3:30 PM 20
Craig Street
From a point 160.3 feet north of First 7:30 AM to 8:30AM
Craig Street Street to a point 1027 feet south of 20
First Street 2:30 PM to 3:30 PM
From the intersection with White 7:30 AM to 8:30AM
Somerville River to the intersection with 2:30 PM to 3:30 PM 20
Livingston
_.._.....
From Livingston to a point 180 feet 7:30 AM to 8:30AM
Texana 20
northeast 2:30 PM to 3:30 PM
From Livingston to aWpoint 120 feet 7:30 AM to 8:30AM
Twin Buttes mmmmmm northeast 2:30 PM to 3:30 PM 20
Livingston .._. Cima Blvd.eastward
From a point
feet southeast of La 7:30 AM to 8:30AM
Prosper 2:30 PM to 3:30 PM 20
Independent School District property
Calaveras From Somverville to a point 185 feet 7:30 AM to 8:30AM 20
northwest 2:30 PM to 3:30 PM
From Somerville to a point 675 feet 7:30 AM to 8:30AMmmmmmm
Arrowhead northwest 2:30 PM to 3:30 PM 20
From a point 640 feet northwest of 7:30 AM to 8:30AM
Whiteriver Somerville south east to the end of the 2:30 PM to 3:30 PM 20
roadway
Cedar Lake From Whiteriver to a point 120 feet 7:30 AM to 8:30AM 20
west 2:30 PM to 3:30 PM
. ........... .. ........... ........ ..... ......... ......... .......
----
.....
From a point 1139 feet north of 7:45 AM to 8:45AM
Coit Road Richland to a point 307 feet south of 2:45 PM to 3:45 PM 20
Richland
Richland From Coit to a point 255 feet west 7:45 AM to 8:45AM 20
2:45 PM to 3:45 PM
From the intersection of Talon Drive 8:30 AM to 9:30 AM
Coleman eastward to the end of the roadway 3:45 PM to 4:45 PM 25
East bound lane.From a point 857 8:30 AM to 9:30 AM
Frontier Parkway feet east of Talon Lane,eastward to 3:45 PM to 4:45 PM 25
appoint 1357 feet east of Talon Lane,
0.2 miles from 580.9 ft.North of 7:45 AM to 8:45 AM
U.S. 380 U.S. 380 on Coit 2:45 PM to 3:45 PM 20
.......... ..............
0.2 miles from 414.1 ft. South of 7:45 AM to 8:45 AM
Richland Richland Blvd. 2:45 PM to 3:45 PM 20
ORDINANCE ESTABLISHING REDUCED SPEED SCHOOL ZONES Page 4
585807A
0.2 miles from 2160.4 ft. South of 7:45 AM to 8:45 AM
Lewis Canyon Lewis Canyon 2:45 PM to 3:45 PM 20
ORDINANCE ESTABLISHING REDUCED SPEED SCHOOL ZONES Page 5
585807.v1