16-09 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-09
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING SECTION 12.07.002, "COUNTY ROAD 81," OF
CHAPTER 12, "TRAFFIC AND VEHICLES," OF THE CODE OF ORDINANCES
OF THE TOWN OF PROSPER, TEXAS; MAKING FINDINGS RELATED
THERETO; PROVIDING REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 15, 2003, the Town Council of the Town of Prosper,
Texas, ("Town Council"), adopted Ordinance No. 03-45, which Ordinance provided for the
establishment of vehicular weight limits on County Road 81 (Prosper Trail) from State Highway
289 (Preston Road) east to the Town limits, and further provided for the placement of signs
related thereto; and
WHEREAS, it has been determined that with subsequent road construction and bridge
replacement, such weight limitations are no longer necessary; and
WHEREAS, it is the desire of the Town Council of the Town of Prosper, Texas, to repeal
Section 12.07.002, "County Road 81," and any and all vehicular weight limitations and signage
requirements contained in said section.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 12.07.002, "County Road
81," of Chapter 12, "Traffic and Vehicles," of the Town's Code of Ordinances is repealed in its
entirety.
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All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the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of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for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 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
This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF JANUARY, 2016.
Ray Smith, M' yor
ATTEST:
Robyn Battle, T n Secr-' ary
APPROVED AS TO FORM AND LEGALITY:
LA—
Terrence S. WeIc1h, Town Attorney
Ordinance No.16-09,Page 2