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Ordinance 1993-21 ORDINANCE NO. f2r c)l AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE MAXIMUM PRIMA FACIE SPEED LIMITS ON THAT PORTION OF BROWN STEET LYING BETWEEN BALLARD STREET AND SH 78; AND FURTHER AMENDING THE MAXIMUM PRIMA FACIE SPEED LIMITS ON THAT PORTION OF NORTH BALLARD STREET LYING BETWEEN BROWN STREET AND THE DART RAILROAD TRACKS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has the authority under Section 19.02 of the Wylie City Code and Art. 670ld, Sec. 166 of Vernon's Annotated Civil Statutes, to alter the maximum speed limit on any street, or alley, or portions thereof, within the City; and, WHEREAS, the City Council, on the basis of a traffice investigation conducted by the Chief of Police, has determined that the existing maximum prima facie speed limit of 40 miles per hour on that portion of North Ballard Street between Brown Street and the DART Railraod Tracks (formerly the Katy Railroad) should be lowered to 35 miles per hour; and, WHEREAS, the City Council has likewise, on the basis of a traffic investigation conducted by the Chief of Police, determined that the existing prima facie speed limit of 30 miles per hour on East Brown street from Ballard Street to State Highway 78 should be increased to 35 miles per hour; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That a prima facie maximum speed limit of 35 miles per hour for motor vehicles is hereby determined and declared to be reasonable and safe, and such maximum speed limit is hereby fixed as the maximum rate of speed indicated for motor vehicles traveling upon the North Ballard Street between its intersection with Brown Street and its intersection with the DART railroad tracks, or any part thereof, and no motor vehicle shall be operated upon or along said portion of North Ballard Street in excess of such maximum prima facie speed. SECTION II That a prima facie maximum speed limit of 35 miles per hour for motor vehicles is hereby determined and declared to be reasonable and safe, and such maximum speed limit is hereby fixed as the maximum rate of speed indicated for motor vehicles traveling upon the East Brown Street between its intersection with Ballard Street and its intersection with the State Highway 78, , ." .,. "....~~._",_".,_....._...__..~~.____..,;.."'_~.'M.-...-_.".~.~~"~,~~,~,_.,*"__"~,~.._~,,,,,,,~_,,_~"_"___~-"~'_''''_.''',,'_"''''~~"'--~~,,,'" ORDINANCE NO. I/~ c)) PAGE TWO or any part thereof, and no motor vehicle shall be operated upon or along said portion of East Brown Street in excess of such maximum prima facie speed. SECTION III The speed limits herein established shall not be effective or enforcable until signs giving notice of such regulation are posted upon at the entrances to those portions of the effected streets or highways, as may be the most appropriate in accordance with the State Department of Highways and Public Transportation of the State of Texas, and the City Manager or his duly authorized representative is authorized and directed to cause such appropriate signs to be erected. SECTION IV Any person violating the provisions of this ordinance, or any part hereof, shall be gulilty commits a misdemeanor and, upon conviction shall be fmed in an amount not to exceed the sum of $350.00 for each such offense. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. ORDINANCE NO. tiS -oll PAGE THREE SECTION VIII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of April, 1993. ~? By wP! d/dJ W. Akin ayor , ATTEST: t!t~l1ld& Mary Nich s City Secretary / /.