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Ordinance 2002-17 CITY OF WYLIE, TEXAS ORDINANCE NO. gaJJ - 17 I AN ORDINANCE OF THE CTIY OF WYLIE, TEXAS ESTABLISlllNG THE MAXIMUM SPEED LIMIT ON FM 3412 PROCEEDING FROM FM 1378 TO SH 78, WITH SUCH STREEET BEING LOCATED IN THE CTIY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALIATION OF SIGNS AND MARKERS TO REGUlATE VEIDCULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF TillS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILTIY CIAUSES; PROVIDING FOR AN EFFECTIVE DATE OF TillS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, ~545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie, Texas, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, the City Council of the City of Wylie, Texas ('Wylie") finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for FM 2514 proceeding from FM 1378 to SH 78. NOW, THEREFORE, BE IT ORDAINED BY THE CTIY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Fmdings Incorporated. The findings set forth above are .' incorporated into the body of this Ordinance as iffully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon the basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of ~545.356 of the Texas Transportation Code, the prima facie speed limit for FM 3412 proceeding from FM 1378 to SH 78 shall be as indicated on Exhibit "A", attached hereto and incorporated herein for all purposes. ORDINANCE ESTABLISHING SPEED LIMIT - Page 1 C:\ WINDOWS\TEMP\Speed Zone Ordinance (fM 3412) .docC:\wiadev.s-\TRW\8peed Zeae Or-diflBflee (fM 3412).dee SECTION 3: Placement of Signs. The City Manager, or hislher designated representative, is hereby authorized and directed to cause the placement of signs on FM 3412 proceeding fromFM 1378 to SH 78 indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or hislher designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: SavingsIRepealing 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: 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, 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 6: Penalty Provision. Any person violating this Ordinance shall be deemed guihy ofa 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 Br CITY COUNCIL OF THE CTIY OF WYLIE, TEXAS, on this -1.5..- day of . 'lbtltrr . 2002. ATTESTED AND CORRECTLY RECORDED: ORDINANCE ESTABLISHING SPEED LIMIT - Page 2 . C:\WINDOWS\TEMP\Speed Zone Ordinance (fM 3412) .docC:\w,.t1E1ews\TBMP\Speed Zene OrdiBBsee (fM 3412).ooe Date of Publication: , . ORDINANCE ESTABLISHING SPEED LIMIT - Page 3 C:\ WINDOWS\ TEMP\Speed Zone Ordinance (fM 3412) .docC:\wiBoo':ls\TBMP\Speed ZeBe Ordin8Bee (FM 3412).dee THE WYLIE NEWS ~~~eril1~~ylie, Sachse~lllrJlhy and lhe surrounding area II () N. Ballard St. 1'.0. Box 369 Wylie, Texas 7509R 972.442.5515 Fax 972.442.431 R STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 pubtiQation 06 o~dinanQe~ 2002-12 th~ough 2002-20 was published in said newspaper on the following dates, to-wit: Auq. 28 , 2002, and , 2002. ~- Cha '~broCk Subscribed and sworn to before me this the 5th to certify which witness my hand and seal of office. day of Sept. , 2002, 4~ Q. &rd . ,~"~_""'~ ,"'" -0< PAn, 'IKER N tary Public in and for .Jblic ;axas TeState of Texas ) 07-31-05 :' " ,;~';"':<::, My Commission Expires 1-3/-05 August 13. 2002 2002-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMIT ON FM4312 PRO- CEEDING FROM FM 1378 TO SH 78, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTAL- LATION OF SIGNS AND MARKERS TO REGU- LATE YEHICULAR ~rDDU Vl~ lilD Uc'JIU- NATED STREET; PRO- VIDING FOR A PENAL- TY FOR THE VIOLA- TION OF THIS ORDI- NANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVERABIL- ITY CLAUSES; PROVID- ING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. John Mondy, Mayor Attest: Barbara Salinas City Secretary