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Ordinance 2011-27 ORDINANCE NO. 2011-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON EAST BROWN STREET FROM SH 78 TO STONE ROAD, IN THE C1TY 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 de�termined that construction is being undertaken on or near the intersections of East Brown Street from SH 78 to Stone Road, herein defined, and that in order to protect the traveling public an�d the workers during the construction of East Brown Street, 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 er�force such limits; and WHEREAS, the City Council has further investigated into and determined that the speed lirnit 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 l: Findin�s 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 ac;cordance with Section 472.022 of the Transportation Code of the State of Texas for all lanes of tr,�ffic along each of the following locations: (A) On East Brown Street from its intersection with SH 78 to its intersection with Stone Road. SECTION 3. Establishment of:.Speed Limit. For the above-described zones the prima facie maximum speed limit of 30 miles per hour is hereby established. SECTION 4. Duration�of ConstrUction Zone. Such speed limits will be effective for a pf,riod of two (2) years or� until tt�e signs which are to be erected pursuant to Section 5 below are re�moved by the City of V1�ylie� whichever is sooner. Thereafter, the speed limit in the said construction zones will revertto a speed limit of 40 miles per hour. Ordinance No.2011-27 C�onstruction Work Zone Ordinance Page 1 SECTION 5. Requirement of Si�ns. The City of Wylie or its designee is hereby dir•ected 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: Savin sg /Repealin� 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. SECT[ON 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 13t" day of December 201 l. �' � �" j i � � � �-._---�'- Eric Hogue, May � A'TTES�D TO AND AS TO FORM: �� QF ��� �, �� ' �+�.�rr!'�'�- j'�' �-'.,� ��,,%�/���.�L�� � Carole Ehrlicha'City Secretary V�"''' '�.: �1887�, Ordinance No.2011-27 Construction Work Zone Ordinance Page 2 �� C8�S Media, Inc. �he�"armer�bi[le�Gimeg•Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS �,� ���� � / � STATE OF TEXAS (;t��'� 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. 2011-27, 2011-28, 2011-29 was published in said newspaper on the following dates, to-wit: Decmber 21, 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. Notary Public ' and for The State of Texas �q,v P� o�` � Sonia A Duggan _--��7 �7 l/� 2; � My Commission Expires 7/�-rC.-/ ����,r osio2�zo,2 My commission expires -�� .� ...._...:. �OF Murphy/Sachse/Wylie Office•110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318 Fazmersville/Prince[on Office•101 S.Main•P.O.Box 512•Facmersville,l'X 75442•972-784-b397•fa�c 972-782-7023 City of Wylie 1.- ORDINANCE N(�. ` City of Wylie 2011-27 City of Wylie ORDINANCE NO. ORDINANCE NO. 2011-29 AN QRDINANCE OF -2011-28 THE CITY OF , AN ORDINANCE WYLIE, TEXAS, AN ORDINANCE OF THE CITY OF- CREATING A CON- OF THE CIT'Y OF WyLIE, TEXAS, STRUCTION WORK WYLIE, TEXAS, AMENDING THE ZON�FbR TRAFFIC AMENDING THE , COMPREHENSIVE AND TEMPORARI- COMPREHENSIVE ZONING ORDI- LY REDUCING THE ZONING ORDI- NANCE OF THE RATE OF SPEED NANCE O� THE CITY OF WYLIE, THEREIN, ON EAST CITY OF WYLIE, AS HERETOFORE BROWN STREET AS HERETOFORE ,�E�ED, SO AS FROM SH 78 TO AMENDED, SO AS TO CHANGE THE STONE' ROAD, IN TO CHANGE THE ZONING ON THE THE CITY LIMITS ZONING ON THE H E R E I N A F T E R OF THE CITY OF H E R E I N A F T E R DESCRIBED PROP-� WlGL1E; DE�INING DESCRIBED PROP- ERTY, ZONING THE SPEED LIMIT, ERTY, ZONTNG CA5E NUMBER REQUIRING THE CASE NUM�ER 2011-07, AMEND- PLACEMENT OF 20i1-06, FROM ING PLANNED SIGNS; DECLAR- AGRICULTURAL DEVELOP.MENT ING WHAT MAY (A/30) TO BE A S[JFFICIEN'� 2003=Q2, SFCTION PLANNED DE�EL- 4.{J(; rp �O�#IFY COMPLAINT IN , DEMENT SINGLE PARKIAIG' 'E4ND PROSECUTIONS F A M I L Y �, A �y� n� �:��p E H E R E U N D E R; DETACHED DIS- R E Q U I R E M E N T S PROVIDING FOR?y TRICT (PD-S� TO A���LAT'�S TO PENALTY FOR ACCOMMODATE A THEAT�R DEVEL- THE VIOLATION PROPOSED 5IN- OPMENT ON OF THIS ORDI- GLE FAMILY RESI- TRACT G1. PRO- NANCE; PROVID- DENTIAL SUBDI- VIDING FOR A ING 'FOR SEVER- VISION; "�'ROVID= PENALTY FOR ABB.,ITY, SAVINGS ING FOR A PENAL- THE VIOLATION .AND REPEALING TY�FOR THE VIO- OF THIS ORDI- CLAUSES; AND LATION OF THIS NANCE; PRO�ID- PROVIDING FOR ORDINANCE; PRO- ING FOR THE AN EFFECTIVE VIDING FOR THE DATE OF THIS REPEAL O�' ALL REPEAL OF ALL ORDINANCE.1 ORDINANCES IN ORDINANCES IN CONFLICT; PRO- CONFLICT; PRO- VIDING A-SEVER- VIDING A SEVER- ABTLITY CLAUSE; �u-ITY GLAUSE; AND PROVIDING AND PROVIDING EOR AN EFFEC- FOR AN EFFEC- TIVE DAT�. TIVE DATE, 32-339-1t-131