Ordinance 2007-41 ORDINANCE NO. 2007-41
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 110 (TRAFFIC AND VEHICLES), ARTICLE III (OPERATION
OF VEHICLES) TO ADD SECTION 110-114 (TRAFFIC REGULATIONS
IN PRIVATE SUBDIVISIONS) OF THE WYLIE CODE OF ORDINANCES
NO. 2005-07; PROVIDING FOR THE ENFORCEMENT OF CERTAIN
TRAFFIC RULES AND REGULATIONS TO CERTAIN PRIVATE ROADS
OWNED AND MAINTAINED BY THE RIVERCHASE HOMEOWNERS'
ASSOCIATION AND CONTAINED WITHIN THE RIVERCHASE
SUBDIVISION, CITY OF WYLIE, TEXAS; PROVIDING FOR A PENALTY
FOR TAE 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 ("City Council") has investigated and
determined that it would be advantageous and beneficial to the citizens of the Riverchase
Subdivision of the City of Wylie, Texas ("City") to amend Chapter 110 (Traffic and Vehicles),
~Article III (Operation of Vehicles) for the purpose of adding Section 110-114 (TrafFic Regulations in
Private Subdivisions) of the Wylie Code of Ordinances No. 2005-07, as set forth below.
WHEREAS, Texas Transportation Code §542.008 provides, among other things, that traffic
rules may be extended by a municipality with a population of 300 or more to privately owned or
maintained roads within certain private subdivisions upon the request of certain individuals or
entities; and
WHEREAS, the governing body of the Riverchase Homeowners' Association, a Texas non-
profit property owners' association, which owns or maintains those roads within the Riverchase
Subdivision, an addition in Collin County, Texas, located wholly within the territorial limits of the
City, has requested the City, pursuant to the Texas Transportation Code §542.008, to enforce certain
traffic rules on said private roads; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous, beneficial and in the best interest of the citizens of the City, and specifically the
Riverchase Subdivision, to establish certain traffic rules and regulations to be enforced on roads
owned and maintained by the Riverchase Homeowners' Association, and should be amended as set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE , TEXAS:
SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
Ordinance No. 2007-41
Establishing Traffic Regulations
In Private Subdivision (Riverchase Subdivision) Page 1
501355.vt
SECTION 2: Amendment to Chapter 110 (Traffic and Vehicles), Article III (Operation of
Vehicles) of the Wylie Code of Ordinances No. 2005-07. Chapter 110 (Traffic and Vehicles),
Article III (Operation of Vehicles) of the Wylie Code of Ordinances No. 2005-07 is hereby amended
to add Section 110-114 (Traffic Regulations in Private Subdivision) as follows:
§ 110.114 Traffic Regulations in Private Subdivisions
Pursuant to the requirements of Chapter 542, Texas Transportation Code, as
amended, City may extend all, or a part, of its traffic regulations, as set forth in
Wylie's Code of Ordinances No. 2005-07, as amended, and the Texas Transportation
Code, as amended, to subdivisions located in the City of Wylie in which the roads are
privately owned or maintained. The City of Wylie extends all, or a part, of its traffic
regulations to the following subdivisions in accordance with the delineated
regulations:
(a) Subdivision/Requested Enforcement.
(1) Riverchase Subdivision. The governing body of the Riverchase
Homeowners' Association has requested in writing that the City
enforce, and the City hereby adopts for enforcement, the following
titles, subtitles, chapters and sections of the Texas Transportation
Code and other specified regulations, as they exist or may be
amended, upon the private roads of the Riverchase Subdivision:
A. Title 7, Subtitle A, Chapters 501, 502, 503 and 520;
B. Title 7, Subtitle B, Chapters 521, 522, 523, 524 and 525;
~ C. Title 7, Subtitle C, Chapters 541, 542, 543, 544, 545, 546,
547, 548, 550, 551, 552, 553 and 600;
D. Title 7, Subtitle D, Chapter 601;
E. Title 7, Subtitle G, Chapters 661 and 663;
F. Title 7, Subtitle H, Chapters 683, 684 and 685;
G. Title 7, Subtitle I, Chapter 706;
H. The maximum speed as posted on traffic control devices as
they exist on the date of the adoption of this Ordinance by
City; and
L Requiring motor vehicles in the Riverchase Subdivision to be
licensed and driven by a licensed driver.
(b) Traffic Control Devices. All traffic control signs, signals and other traffic
control devices purporting to govern the movement, operation, stopping,
standing, parking or location of vehicles shall be presumed to be valid,
official, authorized and properly situated, and in any proceeding brought to
enforce the provisions of this Ordinance, the burden shall be on the person
Ordinance No. 2007-41
Establishing Traffic Regulations
In Private Subdivision (Riverchase Subdivision) Page 2
501355.v1
contesting such presumption to rebut it with the presence of competent and
admissible evidence.
(c) Enforcement/Associated Costs.
(1) Any police officer of the City or any officer of any law enforcement
agency authorized to enforce an Ordinance of the City of City may
enforce this Ordinance. For purposes of this Ordinance, "police
officer" or "any officer of any law enforcement agency authorized to
enforce an Ordinance of the City" means an officer authorized to
direct traffic or arrest persons who violate traffic regulations. "Law
enforcement agency" means any law enforcement agency authorized
to enforce any laws within the territorial limits of the City.
(2) Pursuant to Chapter 542, Texas Transportation Code, as amended, the
owners of the property in the above-listed subdivisions shall pay all of
the costs of extending and enforcing the traffic rules in the particular
subdivision, including, without limitation, the costs associated with
the placement of necessary official traffic control devices in the
subdivision."
~y` SECTION 3. Administration. Any violation of this Ordinance shall be prosecuted pursuant
to the Texas Code of Criminal Procedures in the Municipal Court of Wylie, Texas, or any other court
of competent jurisdiction.
SECTION 4: Penalty 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 Five Hundred Dollars ($500.00). City retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 5: Savin s~pealing Clause. Wylie's Code of Ordinances No. 2005-07 shall
remain in full force and effect, save and except as amended by this or any other Ordinance. 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 6: Severability. Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full for force
and effect. City hereby declares that it would have passed this Ordinance, and each section,
subsection, clauses and phrases be declared unconstitutional or invalid.
Ordinance No. 2007-41
Establishing Traffic Regulations
In Private Subdivision (Riverchase Subdivision) Page 3
501355.v1
SECTION 7: Effective Date. This Ordinance shall be effective immediately 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 27t" day of November, 2007.
r
~1YJ, D , Mayor
~~`~y o W Y
.
ATTESTED AND CORRECTLY °''~~e • ~ ;
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RECORDED: - . : _
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CAROLE EH CH, City Secretary ,~~~''~i,yy~ i E, TE~'P.`~.~~~
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Date of publication in The W~lie News - December 5, 2007
Ordinance No. 2007-41
Establishing Traffic Regulations
In Private Subdivision (Riverchase Subdivision) Page 4
50135~.v1
~ C8~S Media, Inc.
~hx ~'armergbitle ~Gimeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
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 No. 2007-41
was published in said newspaper on the following dates, to-wit:
December 5, 2007.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of ~~~C f tv~ ~ I~~ , 2007
to certify which witness my hand and seal of office.
~
~
~
MARY of T~xes otary ublic in and for
``~o~~,Qr vus;~,,,' o rY Puktlic, 'a y~Aires
c~ N ta e~Qm~~~~ The State of Texas
MY ~i ~,Q10
SeRtemb
~~oF j ~
My commission expires G~'~ a' t~
Murphy/Sachse/Wylie Office • 1 l0 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office •]Ol S. Main • P.O. Box 512 • Farmeisville, TX 75442 • 972-7846397 • fax 972-782-7023
Page 2_ geetion C- C&S MEDIA PUBLICAI'F03~1S - I7ecember 5- 6, 2007
ORDINANCE
NO. ?~1~¢+r'f•i~,
Ad~~ +Q~?T.~' ~ 'I'~~
Ci1"Y t~
AM$~iDTN~C~ ~~H~T~R 110
('£R,~FFIG AND V~ii-
C~)> AI~I`fCI.E III (U~R-
A'I`ION OF VEHIGLFS) ;TO
ADD SECTION t10~114
(TRAFFIC REGULATI4}NS
IN PRIVATE S.U$LII~YI-
SIONS) ; O~ TH~ W~L.IE
CODE OF ORDINANCES
1~0. 2005-07; PROVIDING
FOR TI~ ENFORCEMENT
OF CERTAIN T`RAF~IC
RULES AN~ ~tEGULA-
'I'IONS TO ~EIYfAIi+F PRI-
VAT'~ ROAAS OWNED AND
MAINTAINED $Y THE
RIVERCHASFk HOMEOWN-
ERS' ASSOCIATION AND
CONTAINED WITf~N TE~
RIVERCHASE SUBDIVI-
SION, CITY OF WYLIE,
TFsXAS; PROVIIDING FOR A
PENALTY FOR TEIE VTO-
LATION OF THIS ORDI-
NANCE; PROVIDING FOR
REPEALING, SAVINGS
ANT? SEVERA$ILITY
CLAUSES; AND ~'Ri~~"TD-
ING FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE.
~ John Mondy, Mayor
ATTEST:
Cazo1e Ehrlich, _
City Secrd~rs'
29-~t-33~-47li