Ordinance 2009-23 ORDINANCE NO. 2009-23
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A
CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY
REDUCING THE RATE OF SPEED THEREIN, ON FM 1378 FROM
BROWN STREET TO PARKER ROAD, IN THE CITY LIMITS OF THE
CITY OF WYLIE; DEFINING THE SPEED LIMIT, REQUIRING THE
PLACEMENT OF SIGNS; DECLARING WHAT MAY BE A SUFFICIENT
COMPLAINT IN PROSECUTIONS HEREUNDER; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas "City Council has
determined that construction is being undertaken on or near the intersections of FM 1378 from
Brown Street to Parker Road, herein defined, and that in order to protect the traveling public and
the workers during the construction of FM 1378, it is necessary to reduce the maximum
permitted speed limit during such construction period, and that the increased penalties provided
by State Law for the violation of such limits should be imposed to more effectively enforce such
limits; and
WHEREAS, the City Council has further investigated into and determined that the speed
limit to be effective in such construction zone is that determined and requested by the Texas
Department of Transportation.
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. Creation of Zone. A construction work zone is hereby established in
accordance with Section 472.022 of the Transportation Code of the State of Texas for all lanes of
traffic along each of the following locations:
(A) On FM 1378 from its intersection with Brown Street to its intersection
with Parker Road
SECTION 3. Establishment of Speed Limit. For the above described zones the prima
facie maximum speed limit of 35 miles per hour is hereby established.
SECTION 4. Duration of Construction Zone. Such speed limits will be effective for a
period of two (2) years or until the signs which are to be erected pursuant to Section 5 below are
removed by the City of Wylie, whichever is sooner. Thereafter, the speed limit in the said
construction zones will revert to the pre construction speed limit of 45 miles per hour.
Ordinance No. 2009 -23
Creating a Construction Work Zone for
Traffic and Temporarily Reduction Rate of Speed Page 1
556734.v1
SECTION 5. Requirement of Signs. The City of Wylie or its designee is hereby
directed to erect signs marking the above described construction zones to indicate that the area is
a construction work zone, to indicate where the zone begins and ends, and which state "fines
double when workers present."
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). The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin a violation. Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: 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 any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
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: Effective Date. This Ordinance shall become effective immediately upon its
adoption and publication as required by law and the Charter of Wylie.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 25 day of August, 2009.
4et
Eric Hogue, Mayor
ATTESTED TO AND AS TO FORM: J F
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M. II ole Ehr City Secretary
Date of publication in The Wylie News September 2, 2009 t NS
Ordinance No. 2009 -23
Creating a Construction Work Zone for
Traffic and Temporarily Reduction Rate of Speed Page 2
556734.v1
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STATE OF TEXAS
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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. 2009-22 and 2009-23
was published in said newspaper on the following dates, to-wit:
September 2, 2009
Chad Engbrock, Publisher
F:
Subscribed and sworn before me on tbis, the day of k,t 2009
to certify which witness my hand and seal of office.
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Notary P� �g in and for
The State of Texas
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Murphy/Sachse/Wylie Office 110 N. Ballard P.O. Box 369 WyGe, TX 75098 972��12-5515 fax 972-442-4318
Farmersville/Princeron Office i01 S. Main P.O. Box 512 Fannersville, TX 75�-32 972-7fia-b397 fax 972-782-7(Y?3
4C September 2— 3, 2009,
ORDINANCE NO.
21109-23
AN ORI3INANCE OF
THE CITY OF
vvYLIE, �s,
CREAT'I�tG A ;-CON-
S�'RUCTION WORK.
ZO1�E FQR T$AFf�ZC.
A�1D T�MI��A�.�;
��?U�iG
RATE C�°F SPEED
THERE�T, (�iai.. ;FM
1378 FROM �ROWN
STREET TO �ARKER
RO�AD, �N �''HE ��TY
LII4IlTS �F�HEC'1TY
OF WYLIE; D�1�iN-
ING THE SPEED
LIMTT, REQUIRING
THE PLACEMENT
OF SIGNS; bECLAR-
ING WHAT .1VIAY BE
A COM-
PLAINT IN PROSE-
CUTIONS HEREUN-
DER; P�.OVIDING
FOR A PENALTY
FOR THE VIOLA-
TION OF THIS ORDI-
NANCE; 'PROVIDII�fG
FOR SEVERABII,TFY,
SAVINGS AND
REPEALING CLAUS-
ES; ANA PI�OVIDING
FOR AN EFFECTNE
DATE OE THIS ORDI-
NANCE:
Fric Hogue, Mayor
ATTEST:
Carole Ehtlich,'
City Secretary
1 6-1t-339-71