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Ordinance 2011-16 ORDINANCE NO. 2011-16 � AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-36 AND ARTICLE IV (SPEED), SECTION 110-133 (SCHOOL ZONES), OF THE WYLIE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the gov��rning body of the municipality shall determine upon the basis of an engineering and traffic inve-stigation 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 stre��t or highway within the City of Wylie, Texas ("Wylie" or "City"), taking into consideration, amang other things, whether the highway is a two-lane, undivided highway, as well as the usual trafl:ic thereon, said governing body may determine and declare reasonable and prudent maximum prima facie speed limits thereon by the passage of an ordinance, which shall be effective when app�ropriate signs giving notice thereof are erected at such intersection or other place or part of the � stre��t or highway; and WHEREAS, §541.302 of the Texas Transportation Code defines a"school crossing zone" as a re��uced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds it necessary to amend Ordinance No. 2007-36 and Article IV (Speed), Section 110-133 (School Zones), of the Wylie Code of Ordinances to coordinate with the change in school attendance times and to establish ma�cimum speed limits within the areas and at the locations named and designated in the body of this Ord.inance, all within the corporate limits of the City of Wylie, and in the immediate vicinity of sch��ol areas, during periods of time, which shall be set by the City's Engineer, 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 of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS, the City Council has investigated and determined that it would be advantageous � and beneficial to the citizens of the City to amend Ordinance No. 2007-36 and Article IV (Speed), Section 110-133 (School Zones) of the Wylie Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ord.inance No.2011-16 Sch��ol Speed Zones Page 1 5961951 OF �VYLIE, 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: Amendment to Ordinance No. 2007-36 and Article IV (�eed), Section 110- l��chool Zones�, of the Wvlie Code of Ordinances. Ordinance No. 2007-36and Article IV (Speed), Section 110-133 (School Zones) of the Wylie Code of Ordinances are hereby amended to read as follows: "School Zones a) Vehicle speed and operation generally.• It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereinafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the -"° speeds set forth as follows: 1) Twenty (20) miles per hour on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street, one hundred fifty feet (150') south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'). e. On Westgate Way from a point (1260') north of its intersection�€ with Brown St., to a point (1170') south of-its intersection-with Brown St. 2) Twenty (20) miles per hour on school days, on the following streets: Ordinance No.2011-16 School Speed Zones Page 2 596105.1 a. On Kirby Street from a point two hundred feet (200' ) east of the point of its intersection with Memorial Drive to the point of its intersection "�` with Birmingham Street. b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet (525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to two hundred fifty feet (250') west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point one thousand feet (1000) north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet (400') west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive from its intersection with Brentwood Drive to a point, (250') north of the intersection. j. On Park Boulevard from the intersection of Country Club Road, west "� one hundred fifty feet (150'). k. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. 1. On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'). m. On McCreary Road from the intersection of Riverway Lane, south one thousand feet (1000'). n. On McCreary Road from the intersection of Riverway Lane, north one thousand feet (1000'). o. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane, south one hundred fifty feet (150'). q. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'). 3) Twenty (20) miles per hour on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). � b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet (1000'). Ordiinance No.2011-16 Sch�ool Speed Zones Page 3 5961��5.1 4) Twenty (20) miles per hour on school days, on the following streets: a. On Pirate Drive from the point of its intersection with Hilltop Street --� to a point of its intersection with Ballard Street. b. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. c. On Kirby Street from the intersection of Birmingham, east to Ballard Street. d. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. e. On Stone Road from the point of its intersection with 2 Street to the point of its intersection with Dogwood Dr. 5) Twenty (20) miles per hour on school days, on the following streets: a. On Wylie East Drive �e from a point (1000') north of its intersection e€with Brown St. to a point (100') south of the Brown St intersection. b. On Brown St. from its intersection with Wylie Drive East to a point (100') west of the intersection. 6) Twenty (20) miles per hour on school days, on the following streets: a. On Hooper Road from its intersection with New Hensley Ln. south to its intersection with Old Hensley Ln. b. On the southbound lanes Woodbridge Pkwy from 500 feet north of --- its intersection with New Hensley Ln. to its intersection with New Hensley Ln. c. On the northbound lanes of Woodbridge Pkwy from its intersection with New Hensley Ln to the north property line of the Broad Stone Apartments. d. On New Hensley Ln. from its intersection with Woodbridge Pkwy east to a point 400 feet east of the east property line of the Raymond Cooper Jr High School. 7) Twenty (20) miles per hour on school days, on the following streets: a. On Elm Rd. from its intersection with FM 544 west to a point 400 feet west of its intersection with Timber Falls Dr. b. On Timber Falls Dr from its intersection with Elm Rd to a point 200 feet south of the intersection. 8) Twenty (20) miles per hour on school days, on the following streets: a. On Country Club Dr. (FM 1378) from a point 200 ft south of its intersection with Lakeway Dr. to a point 400 ft south of its intersection with Teakwood Dr. --- Ordinance No.2011-16 School Speed Zones Page 4 596105.1 As a result of the frequent changes to elementary and secondary public and private school start and end times, the appropriate hours of enforcement for school zone maximum speed `� limits shall be set by the City's Engineer. The maximum speed limits in a school zone shall be set in accordance with the Texas Department of Transportation recommendations, unless set forth and posted otherwise as determined by the City's Engineer. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as amended, promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs." SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum� not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation or separate act und�er this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude 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 5: Savings/Repealin C�use. 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 6: 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 hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7 : Effective Date This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 9th day of August, 2011. r Eric Ho�, � ATTEST C,►� .,�r► l�, c , � ' -�: Car e Ehrlich, ity ecretary - �� ,�, Ordinance No.2011-16 � �r,��•.eo� Sch��ol Speed Zones ��� Page 5 596105.1 � �7�s �r�r Date of publication in The Wylie News — August 17, 2011 Ordinance No.2011-16 School Speed Zones Page 6 596105.1 ,� C8�S Media, Inc. aCFje �farmergbiCle�imeg•Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS 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. 2011-16 was published in said newspaper on the following dates, to-wit: August 17,2011 Chad Engbrock, Publisher Subscribed and sworn before me on this, the ��day of , 2011 to certify which witness my hand and seal of office. — a,�'°,,,, KIESHA D. H11.L _ +�pr r� �. pf Texas ,';o�� s`�•, Notary Pub�ic.State M prnmission Expires _;;�;�".= v MarEn a�,2oti3 �,;�,;., "" Notary Public in and for The State of Texas My commission expires -�(-�3 Murphy/Sachse/Wylie Office•110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318 Fazmersville/Princeton Office•101 S.Main•P.O.Box 512•Fanneisville,TX 75442•972-784-6397•fa�c 972-782-7023 B4 August 17- 18, 2011 ��,,,�, - 0-339' �'"aRDINANC NQ.�11,16 AN ORDINANCE'OF THE CITY OF W�'LIE, TEXAS, AMENDING OR�I- NANCE NO. 2007-36 � AND ARTICLE IY ($PEEI�), SECTION i 110-133 � (SCHOOL ' ZONES); OF THE WYLIE COI)E OF l ORDINANCES , I ESTABLISHING A � SCHOOL ZONE FOR I CERTAIN STREETS; ES�'ABLISHING PRiMA FA�IE MAX- IMUM SPEED LIM= TT� 'DURING SCHOOL HOLTRS IN St3CH ZONE; PRO- VIDING EOR INSTALLATION OF SIGNS AND MARK- ' �TGS; REGULATING VEHIGULAR AND PEDESTRIAN�AF- ] FIC:; PROVIDING ' � FOR A PEI�ALTY ' �OR THE VIOL;A- TION OF THIS ORDI- NANCE; PROVID- INC"i FOR REPEAL- � ING, SAVINGS AND r SEVERABILITY ; CLAUSES; AND � PROVIDTNG FOR AN s EFFECTIVE DATE � OF THIS ORDI- e NANCE. r 14-1t