Ordinance 2013-02 „.� ORDINANCE NO. 2013-02
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
SECTION 110-89 (TURNING AT INTERSECTION) OF ARTICLE III
(OPERATION OF VEHICLES) OF CHAPTER 110 (TRAFFIC AND
VEHICLES) OF PART II OF THE WYLIE CODE OF ORDINANCES TO
ESTABLISH A RIGHT TURN ONLY LANE FOR SOUTHBOUND TRAFFIC
ON WESTGATE WAY AT THE WESTGATE AND FM 544 INTERSECTION
DURING THE HOURS OF 6:00 AM TO 9:00 AM MONDAY THRU FRIDAY;
PROVIDING FOR NOTIFICATION OF THE RIGHT TURN ONLY BY THE
INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR
TRAFFIC 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,the City of Wylie, Texas ("Wylie”) conducted a peak hour turning movement
count at the intersection of Westgate Way and FM 544; and
WHEREAS,the count report demonstrates that for the southbound traffic on Westgate Way
�.. during the peak period of 6:00 AM to 9:00 AM,there is a large volume of right turning traffic and
more specifically, during this Peak Period sixty percent(60%)to eighty percent (80%) of vehicles
are turning right; and
WHEREAS,during the Peak Period,vehicles in the right lane not wishing to turn right on red
cause lengthy backups; and
WHEREAS,the City Council of the City of Wylie,Texas("City Council')has investigated
and determined that the count report indicates that a change is necessary for the southbound right
lane; and
WHEREAS,pursuant to §545.1 O 1 of the Texas Transportation Code,Wylie has the authority
to place an official traffic control device in or adjacent to an intersection, and require a course
different from that specified in §545.101 for movement by vehicles turning at an intersection; and
WHEREAS,the City Council has investigated and determined that it is in the best interest of
the citizens of Wylie to amend Section 110-89(Turning at Intersection)of Article III(Operation of
Vehicles) of Chapter 110 (Traffic and Vehicles) of Part II of the Wylie Code of Ordinances to
establish a right turn only lane for the southbound traffic on Westgate Way at the Westgate and FM
544 intersection during the hours of 6:00 am to 9:00 am Monday thru Friday.
� NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Ordinance No.2013-02 Westgate Way- Right Turn Only Lane Page 1
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 Section 110-89 �Turning at Intersection) of Article III
O�eration of Vehicles) of Chapter 110 (Traffic and Vehicles) of Part II of the Wylie Code of
Ordinances. Section 110-89 (Turning at Intersection) of Article III (Operation of Vehicles) of
Chapter 110(Traffic and Vehicles)of Part II of the Wylie Code of Ordinances is hereby amended as
follows:
«
(g) Between the hours of 6:00 am and 9:00 am, Monday thru Friday, the
southbound Westgate Way right lane at the intersection of Westgate Way and
FM 544 shall be a right turn only lane."
SECTION 3: Placement of Signs. Signs indicating the right turn only provided herein shall
be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The
signs shall be permanently affixed to a stationary post or installed on permanent buildings or walls or
as otherwise approved. The signs shall in no way be obstructed from view, and shall comply with
applicable state laws.
SECTION 4: Savin s/�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 �ending 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 5: Severabilitv. 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,
subs�ctions, 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
Dolldr ($1.00) nor more than Five Hundred Dollars ($500.00). Wylie retains all legal rights and
reme�ies 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 � � day of ���'� , 2013.
Ordi�ance No.2013-02 Westgate Way- Right Turn Only Lane Page 2
Eric Hogue, Ma r
ATTESTED AND CORRECTLY APPROVED AS TO FORM:
RECORDED:
C�-/
Carole Ehrlic , City Secretary Abernathy R eder Boyd& Joplin P.C.
Courtney A. Kuykendall, City Attorneys
Date(s)of Publication: January 16,2013, The Wylie News
Ordinance No.2013-02 Westgate Way-Right Turn Only Lane Page 3