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SECTION 2: Ordinance Nos. 2004-25 and 2007-25 Repealed.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25 and 2007-25 are repealed in their entirety and replaced by this Ordinance.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time Ordinance Nos. 2004-25 and 2007-25 shall be repealed.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:
,
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Carole Ehrlic , i y Secretary ' :
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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
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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