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Ordinance 2007-28 ORDINANCE NO. 2007-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NOS. 2004-25 AND 2007-25 AND AMENDING ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds it necessary to repeal Ordinance Nos. 2004-25 and 2007-25 and amend Article IV, Section 110-133 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas (the "City"), and in the immediate vicinity of school areas, during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to repeal Ordinance Nos. 2004-25 and 2007-25 and amend Article N, Section 110-133 of the Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FIl~IDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance Nos. 2004-25 and 2007-25 Repealed. Wylie Ordinance Nos. 2004- 25 and 2007-25 are repealed in their entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance Nos. 2004-25 and 2007-25 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos. 2004-25 and 2007-25 occurring before the effective date of this Ordinance. Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 . and Amending Article IV, Section 110-133 School Zones Page 1 496206.v1 SECTION 3: AMENDMENT TO ARTICLE N SECTION 110-133 OF THE CODE OF ORDINANCES. Article N, Section 110-133 of the Code of Ordinances is hereby amended to establish school zones as foilows: "School Zones a) Vehicle speed and operation generally: It shall be unlawful for anyperson 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 the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty (20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate W ay. b. On Birmingham Street from the point of its intersection with Williams Street, one hundred fifty feet (150') south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'). 2) Twenty (20) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point two hundred feet (200') east of the point of its intersection with Memorial Drive to the point af its intersection with Birmingham Street. Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 , and Amending Article IV, Section 110-133 Schooi Zones Page 2 496206.v1 b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet (525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point five hundred fifty feet (550') north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet (400') west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road, west one hundred fifty feet (150'). k. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. 1. On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'). m. On McCreary Road from the intersection of Riverway Lane, south one thousand feet (1000'). n. On McCreary Road from the intersection of Riverway Lane, north one thousand feet (1000'). o. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane, south one hundred fifty feet (150'). q. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'). 3) Thirty-five (35) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet (1000' Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 3 496206.v1 ~ 4) Twenty (20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Stone Road from the intersection of Ballard Street, east to one hundred feet (100') west of the intersection of John Akin Lane. b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On Kirby Street from the intersection of Birmingham, east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. 5) Twenty (20) miles per hour between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days, on the following streets: a. On Wylie East Drive to a point one thousand feet (1000') north of the intersection of Brown St. and one hundred feet (100') south of Brown St. b. On Brown St. to a point one hundred feet (100') west of the intersection of Wylie East Drive The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as amended, promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs. SECTION 4: PENALTY PROVISION. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: SAVINGS/REPEALING CLAUSE. 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. Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 _ and Amending Arricle IV, Section 110-133 School Zones Page 4 496206.v l .~...w, SECTION 6: 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 hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7: EFFECTNE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and bylaw. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28`h day of August, 2007. Jo Mondy, ayor ATTESTED TO AND ~~~`~~y 0 F~,~~'~i~~ • CORRECTLY RECO ED BY: , ~ _ = SE~L ~ = ~ ; ; : . Carole Ehrlic , i y Secretary ' : ~L ~''•••..e g ~E r ~ ExP~~`` Date of publication in The Wylie News - September 5, 2007 Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 5 496206.v1 C8S Media, Inc. ~~je ~arntergbitle ~ime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS ~~7 ~ ~ ~ ~ . STATE OF TEXAS ~ LLIN COUNTY OF CO c 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 numbers 2007-26, 2007-27, 2007-28 was published in said newspaper on the following dates, to-wit: 5eptember 5, 2007 ~ ; Chad Engbrock, Publisher Subscribed and sworn before me on this, the . day of 2007 to certify which witness my hand and seal of off'ice. MARY SWANK :~`,~pY ~u°~~r'• i~ublio; 5tate of Texas Notary ~ N1y Cnmmission Expires ~ 'v~"~~ geptember 22, 2010 %;~qp~RFti otary Public in and for The State of Texas My commission expires ~ °2 ~ f ~ ~ ~~~y ~ ~ 2oor ~ OCT 0 ~ _ Murphy/Sachse/Wylie Office • 110 N. Ballazd • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office • 101 S. Main • P.O. Box 5] 2• Fazmersville, TX 75442 • 972-784-6397 • fa~c 972-782-7023 L 2007 No A7 28 IN CE OF TF~ r~r'~"_' IE, TEXAS, G ORDINANCE NOS. 2004-25 AND 2007-25 AND AMENDING ARTI- CLE N, SECTION 110-133 OF THE CODE OF ORDI- NANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MA~~I1vIUM SPEED LIMTfS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTAL- LATION OF SIGNS AND MARKINGS; REGULAT- ING VEHICULAR AND EDE3TRIAN TRAFFIC; ROVIDING FOR A PENALTY FOR TI-IE VIO- LATIbN OF THIS ORDI- NANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVID- ING F~R AN EFFECTIVE DATE OF THIS ORDI- NANCE. John Mondy, Mayor ATTEST: ~ Etulic , ~ity Secretary ~ - -87li