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Ordinance 2011-03 ORDINANCE NO. 20ll-03 � AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON FM 2514 PROCEEDING FROM BROWN STREET 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 INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; 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 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 ar 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 Brown Street to SH 78. 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. SECTION 2: � Esta�ili�ent of Prima Facie Speed. Upon basis of an engineering and traffic investigatio ��re made, .'.� as authorized by the provisions of §545.356 of the Texas . �. Transportati�n Code; the rima fac' speed limit(s) for FM 2514 proceeding from Brown Street to .._. �,: .:. SH 78 is h�reby set at a�a�imum o 5 miles per hour as shown on the attached speed study. � ;;: SECTION 3: Placement of 5��. The City Manager or his/her designated representative is hereby autho�,�ed�nd c�ir�c�ed to ca�se the placement of signs on FM 2514 proceeding from Brown 4). �F r �' Y ' !� J.�${,S 4.: �• �+v+wxM. L �� A 1. '',:,�` �' ��-;"` Page 1 Ordinance 20ll-03 � � ' Speed Zone FM Ballard from Brown Street Stref:t 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 "�° perrr�anently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from. view, and shall comply with applicable state laws. SECTION 4: Savin sg /Repealing Clause. All provisions of any ordinance in conflict with this ��rdinance 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 pros�.cution from being commenced for any violation if occurring prior to the repeal of the ordiriance. 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, subs�ection, clause or phrase thereof irrespective of the fact that any one or more sections, subs�ections, sentences, clauses and phrases be declared unconstitutional or invalid. 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 Doll�ar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains alllegal rights and reme;dies 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 25th day of January, 2011. � ERIC HOGU , ayor AT'I'ESTED AND CORRECTLY RECORDED: ,� OF �,�� -, / `1 ,�, CaraIe hrlich, C� y ecretary �„ Date of Publication: Wednesday, February 2''� 2011 � � � �� Page 2 ilj���,�►� � Ordir�ance 2011-03 Speed Zone FM Ballard from Brown Street � CRS Media, In�. �he �armer�bille �imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS r lt, Lf � �, ` � ' �� ,� � STATE OF TEXAS � � 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. 2011-03 was published in said newspaper on the following dates, to-wit: February 2, 2011 ��f ��� Chad Engbrock, Publisher -�; Subscribed and sworn before me on this, the day of —��.�' , 2011 to certify which witness my hand and seal of office. � � �, , �l ' j � Y p - • l' Notary P c in and for R�C+E���� osP� `'�. SoniaRDuggan ` The State of Texas �� � My Commission Expires �;-., � 09/02t2Q12 �y MAR 1 5 2011 �pf� ` ,,�-> ,�-� My commission expires � �INAN�E Murphy/Sachse/Wylie Office •] 10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office • 10] S. Main • P.O. Box 512 • Farme�ville, 7'X 75442 • 972-784-b397 • fa�c 972-782-7023 C&S Media Publicatione,.February 2-3, 2011 �3 ORDINANGI NO. 2011-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIl�TS ON FNi 2514 PROCEEpING FROM� BROWN STREET TO SH 78, WTTH SUCH STREET BEING LOCAT�D TN THE CITY OF WYLIE, TEXAS, COLI.IN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMTT BY TI-�� INSTALLATION OF SIGNS AND MARKER� TO REG- ULATE ' VEHICULAR SPEED ON THE DES- IGNATED STREET; � PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS O1tDINANCE; PRO- VIDING FOR REPEALING, SAV- INGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PRO- VIDING POR THE PUBLICATION OF THE CAPTION H�REOF. � • 3$-1t-46_339,