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Ordinance 2012-16ORDINANCE NO. 2012-16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON WEST BROWN STREET FROM FM 1378 TO WESTGATE WAY, 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 West Brown Street from FM 1378 to Westgate Way, herein defined, and that in order to protect the traveling public and the workers during the construction of West 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 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 West Brown Street from its intersection with FM 1378 to its intersection with Westgate Way 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 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 a speed limit of 40 miles per hour. Ordinance No. 2012 -16 Temporary Construction Work Zone West Brown/Gateway Way Page I 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/Rel2ealing 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 VVYLIE, TEXAS, on this 8th day of May 2012. Eric Hogue, Mayor ATTESTED TO AND O FORM: Carole Ehrlich City Secretary Ordinance No. 2012 -16 Temporary Construction Work Zone West Brown/Gateway Way F avv�� 'M! 8F ;, Page 2 ce;�s� T13V at'incrsbdl( nc)cs; Mtzrl>6c Tua�itur C he d'(inceton F1(�r;ald hSac) , c.: °s THE WYLIE: REFS tj ;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: RECEYED JUN 18 2012 i City of Wylie Ordinances 2012 -14, 2012 -15 and 2012 -16 was published in said newspaper on the following dates, to -wit: May 16, 2012 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of —1 ► ` , 2012 to certify which witness my hand and seal of office. t KIESHA Q. HILL /``: Notary Public, Stat(� of Texas , My commission expires Notary Public in and for Morch 21, 2013 r�- ;� - The State of Texas My commission expires 5,aA -l3 'ttu'17Y�) %.9aclZ,u'�l`xIic OCIi(c — I ION. llaiIanl • i' O t 0). 'A', I [ X I'ar eion 01'licc • IUI S Maim • P O. Box 'r12 ill,,, I X 07; -784 6'97 • 1a� 9�' -8? {t ", ORDINANCE NO. 2012-16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CON- STRUCTION WORK ZONE FOR TRAF- FIC AND TEMPO - RARILY REDUC- ING THE "RATE OF SPEED THEREIN, ON WEST BROWN STREET FROM FM 1378 'TO WEST GATE WAY, IN THE CITY LIMITS OF THE CITY OF WY LIE; DEFINING THE. SPEED LIMIT, REQUIRING THE PLACEMENT OF SIGNS; ..DECLAR- ING WHAT'` MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR SEVER - ABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING" FOR AN - EFFECTIVE DATE OF THIS OR- ,DINANCE. 1 ��E NO. 2012-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF WYLIE; PROVID- ING FOR A PEN- ALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVER - ABILITY CLAUS- ES; PROVIDING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLI- CATION OF THE CAPTION HEREOF. ORDINANCE NO. 2012-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DE- SCRIBED PROPER- TY, ZONING CASE NUMBER 2012 -05, FROM COMIVIER- CIAL CORRIDOR (CC) TO SPECIFIC USE PERMIT COM- MERCIAL COR- RIDOR (SUP -CC) TO ALLOW FOR AN EQUIPMENT RENTAL USE; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING 'FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PRO-