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Ordinance 1983-40 ORDINANCE NO. 1-.2 -1/0 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ALTERING THE PRIMA FACIE MAXIMUM SPEED LIMITS ESTABLISHED FOR MOTOR VEHICLES OPERATING UPON CERTAIN SECTIONS OF BIRMINGHAM STREET, SOUTH BALLARD STREET, AND EAST STONE STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Article 1175, Section 20, and Article 6701(d), Section 169, Vernon1s Annotated Civil Statutes grant to cities operatirlg as a General Law City the authority to control the operation of motor vehicles using its streets and to prescribe reasonable and safe prima facie maximum speed limits for the same; and, WHEREAS, a traffic and engineering study of certain portions of Birmingham Street, South Ballard Street and East Stone Street within the corporate limits has been completed and the City Council 1S of the opinion that the speed limits applicable to certain portions of this roadway should be altered; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF vJY LI E, TEXAS: Section I. The following pr1ma facie maX1mum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe, and such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the named street or highway, or parts thereof, and no motor vehicle shall be operated along or upon said portions of said named street or highway withill the corporate limits of the City of Wylie in excess of the speeds now set forth in the following limits: a. Beginning at the south right-of-way line of S.H. 78 in the City of Wylie, thence in a southerly direction along Birm"ingham Street for a distance of approximately 0.53 miles, to said streets junction with South Ballard Street ---- a maximum speed of 30 miles per hour except between the hours of 7:30 A.M. and 8:30 A.M., and 2:30 P.M. and 4:30 P.M. on school days, when the maximum speed shall be 20 miles per hour. b. Beginning at Birmingham Street in the City of Wylie, thence easterly along Stone Road for a distance of approximately 0.43 miles, to alley on the north side of Stone Road between Briarwood and Ili11- top ---- a maximum speed of 30 miles per hour except between the hours of 7:30 A.M. and 8:30 A.M., and 2:30 P.M. and 4:30 P.M. 011 school days when the maximum speed shall be 20 miles per hour. c. Beginning at the south right-of-way line of S.H. 78 in the City of Wylie, thence easterly along Kirby Street for a distance of approximately 0.27 miles, to said streets junction with Birmingham Street ---- a maximum of 30 miles per hour except between the hOlJl's of 7:30 A.M. and 8:30 A.M., and 2:30 P.M. and 4:30 P.M. on school days when the maximum speed shall be 20 miles per hour. ORDINANCE NO. CONT1d. PAGE 2 Section II. If any portion of this ordinance shall conflict with any portion or all of an existing ordinance of the City of Wylie, the City Council hereby declares that this ordinance shall prevail, and that it is hereby attempting to repeal any conflicting provisions of an exist- ing ordinance of this City. Section III. The City Manager and/or City Engineer of Wylie is hereby authorized to cause to be erected appropriate signs indicating such speed zones. Section IV. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstit- utionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance, and the City Council hereby declares that it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. Section V. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00) for each violation. Section VI. This ordinance shall become effective on October 31, 1983. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF vJYLIE, TEXAS, THIS THE /I d DAY OF --d~~ , 1983. ATTEST: / l.arry Jackson, City Attorney