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Ordinance 2001-55 CITY OF WYLIE, TEXAS ORDINANCE NO.tJd) l- '!J6' AN ORDINANCE ESTABLISIDNG A SCHOOL ZONE AT A DESIGNATED SCHOOL- EST ABLISIDNG PRIMA FACIE MAXIMUM SPEED LIMITS AT , THIRTY FIVE (35) MILES PER HOUR DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGN AND MARKING; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; 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 THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), finds it necessary to alter prima facie maximum speed limits established by Chapter 545, Texas Transportation Code, as amended, 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 ("Wylie") 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 for pedestrians crossing the streets within such areas to prohibit the. overtaking and passing of motor vehicles by the motor vehicles within the school zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. School Zone shall mean that public street right-of-way around the schools as described by metes and bounds herein. Speed Limit shall mean the maximum speed of vehicular traffic within the boundary of the speed zone. Fire Lane shall mean that portion of a public street where only moving vehicles are allowed. School Days shall be each Monday through Friday throughout the calendar year when the school nearest the school zone is in session. SCHOOL ZONE ORDINANCE - Page 1 c:\OrnCE\COUNCIL\12-11-O 1 AGENDA ITEMS'ATTTACHMENT - SCHOOL ZONE ORDINANCE.doc SECTION 3: Designation of School Zones. The designated locations and areas set forth \ on Exhibit "A", attached hereto and incorporated herein for all purposes, are declared to be school zones and the prima facie maximum speed limit for all motor vehicles operated within such areas and locations between the hours as posted shall be thirty five (35) miles per hour. SECTION 4: Installation of Sism and Marking. The City Manager, or hislher designee, is hereby authorized and directed to cause the placement of traffic control signals and/or signs at each approach to each school zone herein designated. The signs shall be placed at the most advantageous point to be conspicuous to approaching vehicular traffic. Although said traffic control signals and/or signs may be lighted or consist offlashing lights, the provisions of this Ordinance shall not be interpreted so as to require lighted or flashing lighted signals and/or signs. Further, the existence of lighted or flashing lighted signals and/or signs which may fail to properly operate, or which may improperly operate, shall not constitute a defense available to a person charged with violation with any of the provisions of this Ordinance so long as there is a traffic control signal and/or sign containing printed information warning operators of vehicle traffic of the existence of the school zones. SECTION 5: Regulation of Vehicular and Pedestrian Traffic. It shall be unlawful for any person to drive or operate a vehicle through a school zone as designated or established herein between the hours as posted on school days in such a manner as to overtake and pass another vehicle being driven in the same direction upon the same street within said school zone. SECTION 6: Unaltered Prima Facie Speed Limits. Nothing herein contained shall be construed as repealing or conflicting with, prima facie maximum speed limits applicable during hours other than "school hours" as the same have been established by Chapter 545, Texas Transportation Code, as amended, or by any Ordinance of Wylie. SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding FIVE HUNDRED AND NO/IOO 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 the City of 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 8: 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. SECTION 9: 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, SCHOOL ZONE ORDINANCE - Page 2 C:\OFFlCE\COUNCIL\12-11-O 1 AGENDA lTEMS'ATTTACHMENT - SCHOOL ZONE ORDINANCE. doc subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 10: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WLIE, TEXAS on this t l day of _~.tWl~) 2001. ATTESTED TO AND CORRECTLY REC DATE(S) OF PUBLICATION: SCHOOL ZONE ORDINANCE - Page 3 C:\OFFlCE\COUNCIL\12-11-01 AGENDA ITEMS'ATTTACHMENT - SCHOOL ZONE ORDINANCE.doc I.{') l.L. o @ T z . I'" .~ I I u; .., ..: .. ~ ~. -' :i a cr: !a!;I g -r-.: . - .... " w ~ z 0 0 . N u W HJN1'M ]111Y1 Vl 4. 0 N ""IO~l' 1@ (Jl ...< W l"1 ... .t.QJHNJ>> W . ~ ' 8 CL I- +.; Z :t V) 0 ')(. u \U 110 N. Ballmd Sf. I'(). n(l~ .'(i9 Wylie. Texas 75()9R l'I-IE WYLIE NEWS f,;~;;:;i"g-Wyiicl SDC"~C, Mllrl,l.y Dnd tI.c slIrtfllln;lillg DrCD (972) 442-5515 f'DX (972) 442-4J I R STATE OIl' TEXAS COUNTY OF COLLIN Before me, the under-slgned authority, on this day personally appeared Chad Englu'ock, of THE WYLII~ NEWS, a newspaper regulady published Ih Collin County, Texas and having general clrculatlotl III Collin CountJ, Texas, who being by me duly sWorn deposed and says tbat tbe foregoing attached ~- Ot[j. JDOI- 55 was published In sold newspaper on the following dates, to-wit: ,,:,;. ill~. ( Cl , 2001, and , 200t . ~ Chad El1gbrock Suh!'lcl"lbed and sworn to before me this the 1 t-'h In cerUfJ' which witness my hand and seal of office. day of p.o~ , 20Ur , My Commission Expires to! D3~IJ~1 ORDINANCE NO. 2001-55 Af\J ORDII'JANCE OF THE CITY OF WYLIE. TEX.A.S ESTABLISH- ING A SCHOOL ZONE AT A DESIGNATED SCHOOL: ESTABLISH- ING PRIMA FACIE MAXIMUM SPEED LIMITS Ai I HTRTY'" FIVE (35) MILES PER HOUR DURING SCHOOL HOURS IN SUCH ZONE; PROVID- ING FOR INSTALLA- TION OF SIGN AND MARKING: REGULAT- ING VEHICULAR AND PEDESTRIAN TRAF- FIC: PROVIDING FOR A PENALTY FOR THE VIOLA.TION OF THIS ORDINAI'JCE: PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE: AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THERE- OF. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEX,AS, THIS 11 TH DAY OF DECEMBER. 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary