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Ordinance 2009-07 ORDINANCE NO. 2009-07 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 100, ARTICLE II, SECTION 110-56 OF THE WYLIE CODE OF ORDINANCES AND ORDINANCE NO. 78-17, ARTICLE IV, SECTION 13 TO AUTHORIZE THE CITY MANAGER TO DESIGNATE AND POST STOP SIGNS AND TRAFFIC CONTROL DEVICES ACCORDING TO THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES AND AMENDING CHAPTER 100, ARTICLE II, SECTION 110-41(1) OF THE WYLIE CODE OF ORDINANCES AND ORDINANCE NO. 97-10, SECTION 1, TO ALLOW THE CITY MANAGER TO DESIGNATE THE CITY TRAFFIC ENGINEER TO PLACE, ERECT AND MAINTAIN TRAFFIC CONTROL DEVICES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 544.003 of the Texas Transportation Code provides that a local authority may designate, place and maintain a traffic-control device on a highway under the authority's jurisdiction in conformance with the Texas Transportation Commission's Manual on Uniform Traffic Control Devices ("MUTCD"); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("W.~") to authorize the City Manager to designate "stop" intersections and authorize the City Manager or his/her designee to place, erect and maintain traffic control devices according to the MUTCD; and WHEREAS, the City Council desires to amend Chapter 100, Article II, Section 110-56, the Wylie Code of Ordinances, and Ordinance No. 78-17, Article 17, Section 13, to authorize the City Manager to designate "stop" intersections and to authorize the City Manager or his/her designee to place, erect and maintain traffic control devices according to the MUTCD; and WHEREAS, the City Council desires to amend Chapter 100, Article II, Section 110-41(1) and Ordinance No. 97-10, Section 1, to authorize the City Traffic Engineer to act at the request of the City Manager to place, erect and maintain traffic control devices. 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. 2009-07 Authorizing City Manager to Designate "Stop" Intersections Page 1 539962.Ov1 SECTION 2: Amendment to Chapter 100, Article II, Section 110-56, Wvlie Code of Ordinances and Ordinance No. 78-17, Article 17, section 13. Chapter 100, Article II, Section 110- 56, Wylie Code of Ordinances, and Ordinance No. 78-17, Article 17, section 13, is hereby amended to read as follows: "The City Manager, or his/her designee, may designate any street intersection as a"stop" intersection and designate the streets upon which vehicles shall stop before entering such intersection. The City Manager or his/her designee is authorized to place, erect and maintain traffic control devices which he/she deems to be necessary according to the provisions and requirements of the "Manual of Uniform Traffic Control Devices." Whenever any intersection has been so designated, the City Manager shall cause the same to be identified by the erection of stop signs indicating which vehicles approaching such intersection shall stop. It shall be the duty of the driver of any vehicle approaching such sign to bring such vehicle to a complete stop at such sign or at a nearby marked stop line before entering the intersection, except when directed to proceed by a police officer or a traffic control signal. After having so stopped, such driver shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so closely as to constitute an immediate hazard. Such driver, after having so yielded, may proceed, and the drivers of all other vehicles approaching on the intersecting street shall yield the right-of-way to the vehicle so proceeding into or across the intersection." SECTION 3: Amendment to Chapter 100, Article II, Section 110-41(1) and Ordinance No. 97-10, Section 1. Chapter 100, Article II, Section 110-41(1) and Ordinance 97-10, Section l, is amended as follows: "The City Manager may designate the city traffic engineer to place, erect and maintain such traffic control devices which he/she deems to be warranted in accordance with provisions or requirements of the "Manual of Uniform Traffic Control Devices" or as may be required by ordinances of the City." SECTION 4: Savin s~ /Repealin~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. SECTION 5: Severabilitv. 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 thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 2009-07 Authorizing City Manager to Designate "Stop" Intersections Page 2 539962.Ov 1 ~ SECTION 6: 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). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective 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 10`~ day of February, 2009. ~ Eric Hogue, Ma o 4F Wp ~ t ATTESTED TO AND C+~ ~~~~C~~r f'~' CORRECTLY RECORDED BY: - - .,:f ~ n ~ie~! Caro e Ehrlich, Ci y Secretary ~~7~ Date of nublication in The Wvlie News - February 18 2009 Ordinance No. 2009-07 Authorizing City Manager to Designate "Stop" Intersections Page 3 539962.Ov1 C8~S Media, Inc. ~C,~e,-~fiNrmergbilCe ~ime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS L,~~ C~ STATE OF TEXAS ~ , 3 ~ 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. 2009-06 and 2009-07 was published in said newspaper on the following dates, to-wit: February 18, 2009 V Chad Engbrock, Publisher ~ Subscribed and sworn before me on this, the day of , 2009 to certify which witness my hand and seal of office. 1 Notary Pub ' and for The State of Texas My commission expires . . M p, o:~ Sonia A Duggan R o ~~p9 v ~ 2: o My Commission Expires ~ 09/02/2012 Murphy/Sachse/Wylie Office • 1 10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Fazmersville, T'X 75442 • 972-784-6397 • fa~c 972-782-7023 February 18 - 19, 2009 3C ORDINANCE DEVICES AND NO. ?~9-07 AMENDING CHAP- TER 100, ARTICLE AN ORDINANCE OF , II, SEGTION 110- THE CITY OF 41(1) OF THE WYLIE . WYLIE, TEXAS, CODE OF ORDI- AMENDING CHAP- N~CES AND ORDI- TER 100, ARTICLE NANCE NO. 97-10, II, SECTION 1i4-56 SECTION 1, TO OF THE WYLIE ALLOW THE CITY CODE OF ORDI- M``~NAGER TO DES- NANGES AND ORDI- IGNATE THE CITY NANCE IVO. 78-17, TRAFFIC ENGI- ARTICLE IV, SEC- NEER TO PLACE, TION 13 TO AUTHO- ERECT AND MAIN- RIZE THE CITY T~ TRAFFIC CON- MANAGER TO DES- TROL DEVICES; IGNATE AND POST PROVIDING FOR A STOP SIGNS AND pENALTY FOR THE TRAFFIC CONTROL VIOLATION OF DEVICES ACCORD- THIS ORDiNANCE; ING TO THE MANU- , PROVIDING FOR AL f.~F UNIFORM ~PEALING, SAV- TRAFFIC CONTROL INGS AND SEVER- - ABILITY CLAUSES; PROVIDING FOR AN EF~EG'FTVE DATE OF THIS ORDI- NANCE; AND PRO- VIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Eric Hogue, Mayor ATTEST: Cazole Ehrlich, City Secretary ~ 40-1t-339-99li