Ordinance 2010-06 ORDINANCE NO. 2010-06
�
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE
MAXIMUM SPEED LIMITS ON SH 78 PROCEEDING FROM SOUTH OF
SANDEN BOULEVARD TO NORTH OF KIRBY STREET AND FROM OAK
STREET TO SPRING CREEK PARKWAY, WITH SUCH STREET BEING
LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS;
PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY
THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE
VEHICULAR SPEED ON THE DESIGNATED STREET; 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, Section 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 City of Wylie, Texas, 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 City Council of the City of Wylie, Texas ("Wylie") finds it is necessary for the
protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for SH 78
proceeding from Milepoint 36.74 to Milepoint 35.49 and from Milepoint 34.73 to Milepoint 32.83.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findin�s 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. Upon basis of an engineering and traffic
investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas
Transportation Code, the p�ima facie speed limit(s) for SH 78 proceeding from Milepoint 36.74 to
Milepoint 35.49 and from Milepoint 34.73 to Mil��oint 32.83 is hereby set at a maximum of 45 miles
per hour during construction of the SH 78 Project HP2009(930). The construction speed zone is in
effect when signs are displayed within the canstru�tion project. The completion andlor acceptance of
the project shall cancel the provision o€ �� Q�d�ance applying to said project and any remaining
construction speed zone si�ns�ha�l,be removed. �''
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Ordinance No. 2010-06
SH 78 Speed Zone Ordinance Page 1
SECTION 3 : Placement of Signs. The City Manager or his/her designated representative is
hereby authorized and directed to cause the placement of signs on SH 78 proceeding from Milepoint �
36.74 to Milepoint 35.49 and from Milepoint 34.73 to Milepoint 32.83 indicating the maximum speed
allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching
vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent
buildings or walls or as approved by the City Manager or his/her designated representative. The sign
shall in no way be obstructed from view, and shall comply with applicable state laws.
SECTION 4: Savin sg /Re�ealin Cg lause. 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 5 : 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.
Wylie 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 6: Penalt�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 Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to
it pursuant to local, state and federal law.
SECTION 7 : Effective Date This Ordinance shall be effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this l lth day of May, 2010.
�
ERIC HOGUE, ay
ATTESTED AND CORRECTLY __
�co�vEn: ��� OF wp�
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Car e Ehrlic , City Secretary
Date of Publication: May 19, 2010
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Ordinance No. 2010-06
' '�ra���as��
SH 78 Speed Zone Ordinance ' Page 2
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STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached:
City of Wylie - Ordinance 2010-06
was published in said newspaper on the following date, to-wit:
May 19, 2010
Chad Engbrock, Publisher
�
Subscribed and sworn bef'ore me on this, the _ � day of _ , 2010
to certify which witness my hand and seal of office.
,,,,,��,,,,,, - �
�.`�t� KI�SHA �J. NILL � �
=�°' ��'"� Notary PuUlic, Siat� af TexAs
;;�:p; � �xp�r�5 Notary Public in and for
%',;; aF� ;;�' March 21, 2013
The State of Texas
RECElVED My commission expires . �� �j
JUN 0 � 2010
�INA1�C�
Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Sox 512 • Farmersville, TX 75442 • 972-784-6397 • fac 972-782-7023
May 19 — 20, 2010 �
�t the Regular � TNSTALY.ATION
of May 11, 2010, OF SIGNS A�1�I1�
Wyiie City Council } ���r �p
passed and approved ���
two (1) VEHICULAR SPEED
ordirianee requiring ON THE
publication. Pl�as� note � E S� E'i N A T E D
the caption for � said s •��
ordinance is p�p��G FQR A
herein submitted for p�p�,Ty ppR THE
publication by tbe VIOLATION OF THIS
official city ORDINANCE;
newspaper, The Wylie PROVIDING FOR
News. REPEALING,
� SAVINGS AND
I am sernling, liy email S E V E R A B I L I T Y
the ordinance caption as �USES;
approved by ti� Wylie PROVIDING FOR AN
City Council, per our g��yg DATE OF
publication _. require-, .�S
ments. Please publi�h.;. ORDINANCE; , AND
once, as they appear, PROVIDING FOR
Thank you. Should yqu � pUgLICATION
have any. quescions. �o� OF TI-iE CAPTION
concerns, please 'con- �pF
i�c� - -
442-8100 :#^ EriG Hogue,Mayor
unmediately.
� ATTEST:
QRDINANCE �i0. ' Carole Ehrlich,
�10-8�6 , `�t �,
1-it- .
�'+T OR�?1NANCE OF , :_
'�,� . CT�Y OF
�iE, TFXAS
ES'�'ABLISHING TI�
' iVIAXIMUM SPEED
LIMITS ON SH 78
PROCEEDING FROM
� SOUTH OF SANDEN
BOULEVARD TO
NORTH OF KIRBY
�t'�REET AND FROM
Q,� . �'TREET TO
SPR,IIW`�< : ' �REEK
��'V�l�i�, �' WITH
SUCH . ' STREE'I'
BEING LUCA'CED IN
� CITY < OF
WyLTE, ''[EXA�S','
COI.LIN CO�INTY,
S; PROVIDII�G
FOR CATION
OF Tf�
SPEED LIMIT BY