Ordinance 2013-38ORDINANCE NO. 2013-38
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2007-36 AND ARTICLE IV (SPEED) OF 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; REMOVING THE SCHOOL ZONE
FOR CERTAIN STREET(S); 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; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, §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 or other place or upon any part of a
street or highway within the City of Wylie, Texas ( "Wylie" or "City "), taking into consideration,
among other things, whether the highway is a two -lane, undivided highway, as well as the usual
traffic 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
appropriate signs giving notice thereof are erected at such intersection or other place or part of the
street or highway; and
WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as
a reduced 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) of Section 110 -133 (School Zones) of the
Wylie Code of Ordinances, to coordinate with the change in school attendance times and to establish
maximum speed limits within the areas and at the locations named and designated in the body of this
Ordinance, all within the corporate limits of the City, and in the immediate vicinity of school 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 has received a request from the Wylie Independent School
District ( "WISD ") to remove the school zone(s) on certain streets based upon the representation of
WISD that traffic is controlled by a traffic light and there are no school children walking to school in
the previously determined school zone; and
Ordinance No. 2013 -38 — School Zone Page 1 of 6
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) of
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
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: Amendment to Ordinance No. 2007 -36 and Article IV (Speed) of Section 110-
133 (School Zones) of the Wylie Code of Ordinances. Ordinance No. 2007 -36 and Article IV
(Speed) of Section 110 -133 (School Zones) of the Wylie Code of Ordinances, are hereby amended to
read as follows:
"Sec. 110 -133. 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 Miles per hour, during specified times on school days on the
following streets:
AKIN ELEMENTARY SCHOOL
a. On Springwood Lane from the point of its intersection with Lanwood
Drive to the point of its intersection with W.A. Allen Boulevard.
b. On Lanwood Drive from the point of its intersection with Foxwood
Lane south to the point of its intersection with Heatherwood Lane.
Ordinance No. 2013 -38 — School Zone Page 2 of 6
c. On Heatherwood Lane from the point of its intersection with W.A.
Allen Boulevard west to a point 250 feet west of its intersection with
Castlewood Drive.
d. On W.A. Allen Boulevard from a point 100 feet north of its
intersection with Surrey Circle south to its intersection with Stone
Road.
e. On Foxwood Lane from its intersection with Castlewood Drive to its
intersection with Lanwood Drive.
f. On Stone Road from its intersection with Stonehedge Drive to a point
400 feet west if its intersection with W.A. Allen Boulevard.
BIRMINGHAM ELEMENTARY SCHOOL
a. On Brown Street from a point 150 feet west of its intersection with
Rustic Trail to a point 360 feet west of its intersection with Westgate
Way.
b. On Westgate Way from a point 1260 feet north of its intersection with
Brown Street to a point 1170 feet south of its intersection with Brown
Street.
BURNETT JR HIGH SCHOOL
a. On Pirate Drive from its intersection with Hilltop Street to its
intersection with Ballard Street.
b. On Hilltop Street from its intersection with Pirate Drive to its
intersection with Stone Road.
c. On Stone Road from its intersection with 2nd Street to its intersection
with Dogwood Drive.
COOPER JR HIGH SCHOOL/DRAPER INTERMEDIATE
a. On Hooper Road from its intersection with New Hensley Lane south
to its intersection with Old Hensley Lane.
b. On the southbound lanes of Woodbridge Parkway 500 feet north of
its intersection with New Hensley Lane south to its intersection with,
New Hensley Lane.
c. On the northbound lanes of Woodbridge Parkway from its
intersection with New Hensley Lane to the north property line of the
Broad Stone Apartments.
d. On New Hensley Lane from its intersection with Woodbridge
Parkway east to a point 400 feet east of the east property line of
Cooper Jr. High School.
DODD ELEMENTARY SCHOOL
a. On Cheyenne Road from its intersection with Park Boulevard to a
point 150 feet south of its intersection with Barbour Drive.
Ordinance No. 2013 -38 — School Zone Page 3 of 6
b. On Tuscalosa Drive from its intersection with Cheyenne Road to a
point 200 feet east of the intersection.
c. On Park Boulevard from a point 400 feet east of its intersection with
Country Club to a point 150 feet east of its intersection with Mobile
Lane.
GROVES ELEMENTARY SCHOOL
a. On McCreary Road from a point 800 feet south of its intersection
with Riverway Lane north to a point 800 feet north of its intersection
with Riverway Lane.
b. On Riverway Lane from its intersection with McCreary Road east to a
point 150 feet west of the intersection with Meandering Drive.
c. On Appalachian Drive from its intersection with Riverway Lane to a
point 150 feet south of the intersection.
d. On Springtide Drive from its intersection with Riverway Lane to a
point 150 feet north of the intersection.
HARRISON INTERMEDIATE SCHOOL
a. On Ballard from its intersection with Stone Road south to a point 200
feet north of its intersection with Stoneybrook Drive.
HARTMAN ELEMENTARY SCHOOL
a. On Birmingham Street from its intersection with Williams Street to
its intersection with W. Stone Road.
b. On Kirby Street from a point 200 feet east of its intersection with
Memorial Drive to its intersection with S. Ballard Avenue.
MCMILLAN JR HIGH SCHOOL /DAVIS INTERMEDIATE
a. On Park Boulevard from the intersection with Westgate Way, west to
a point 150 west of its intersection with Mobile Lane.
b. On Westgate Way from its intersection with Park Boulevard south
150 feet.
WATKINS ELEMENTARY SCHOOL
a. On Elm Road from its intersection with FM 544 west to a point 400
feet west of its intersection with Timber Falls Drive.
b. On Timber Falls Drive from its intersection with Elm Road, south
200 feet.
WYLIE EAST HIGH SCHOOL
a. On Wylie East Drive from a point 1000 feet north of its intersection
with Brown Street to a point 100 feet south of the Brown Street
intersection.
b. On Brown, from its intersection with Wylie East Drive to a point 100
feet west of the intersection.
Ordinance No. 2013 -38 — School Zone Page 4 of 6
(2) Thirty Miles per hour, during specified times on school days on the
following streets:
SMITH ELEMENTARY
a. On Country Club Drive from a point 200 feet north of its intersection
with Lakeway Drive to a point 200 feet south of its intersection with
Boxwood Lane.
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 3: 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), unless the violation relates to fire safety, zoning
or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the
sum of TWO THOUSAND AND NO /100 DOLLARS. ($2,000.00). Each continuing day's violation
or separate act under 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 4: Savings/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 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 5: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent juri sdiction, 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 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Wylie City Charter and by law.
Ordinance No. 2013 -38 - School Zone Page 5 of 6
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 24h day of September, 2013.
Eric Hogue, M or
ATTESTED TO AND
CORRECTLY RECORDED BY:
__Ie -
Carole Ehrlich, Cit ecretary
Date(s) of publication in The Wylie News — /e —1? — /-:Z?
I
1
Ordinance No. 2013 -38 — School Zone Page 6 of 6
, I^
Cies fihr Tmlvc' • Vlrrrtihr'Vlouitor • The. Princeton Ilerald '%� �a�`� vc °.r • THE WYLIF;NEWS
Ll
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. 2013 -38 Amending Ordinance No. 2007 -36
was published in said newspaper on the following dates, to -wit:
October 2, 2013
Chad Engbrock, Publisher
� zl�?
Subscribed and sworn before me on this, the day of , 2013
to certify which witness my hand and seal of office.
ip �nComn*A0n Duggan
09 -02 -2016
EIVED
OCT 14 2013
ANotary Public ' for
The State of Texas
My commission expires �!
A1u� ih� �Sa h,i'ti�vfu. U(li�� • I lif N. 13allanl • P.U. I {u� u,�> • 1�'�lu: ! V '�o <�� • q�i 71' iil> 11�� �)? 11' (i 7K
���� n illi'- rim "I'm ()fIwt • 101 `i. Vlaun • i't). hoe X12 • I it III, rsN I11, 1 1) 71 -81 7 {)'.3
October 2 - 3, 2013
ORDINANC
NO. 2013-38
AN
ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
AMENDING
ORDINANCE NO
2007 -36 AND AR-
TICLE IV (SPEED)
OF SECTION
110 -133 (SCHOOL
ZONES), OF THE
WYLIE CODE OF
ORDINANCES,
ESTABLISHING
A SCHOOL ZONE
FOR CERTAIN
STREETS; ES-
TABLISHING PRI-
MA FACIE MAXI-
MUM SPEED
LIMITS DURING
SCHOOL HOURS
IN SUCH ZONE;
REMOVING THE
SCHOOL ZONE
FOR CERTAIN
STREET(S);
PROVIDING FOR
INSTALLATION
OF SIGNS AND
M)INGS;
REGULATING
VEHICULAR
AND PEDES-
TRIAN TRAF-
FIC; PROVIDING
FOR A PENALTY
FOR THE VIOLA-
TION OF THIS
ORDINANCE;
PROVIDING FOR
REPEALING,
SAVINGS AND
SEVERABILITY
CLAUSES; PRO- q
VIDING FOR
AN EFFECTIVE
DATE OF THIS
ORDINANCE;
AND PROVID-
ING FOR THE if
PUBLICATION
OF THE CAP-
'O'N
C&S:.
(7r_1fat111 ;w1h, 2rnncs \111TI>hr'b1011iior 1 he 11rinct - ton IJerald N, we, THE WYLIE NEWS
STATE OF TEXASC.
I��
COUNTY OF COLLIN 1
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 2013 -38 and 2013 -39
was published in said newspaper on the following dates, to -wit:
October 2, 2013
C0 Y� �" Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 0_day of '2013
to certify which witness my hand and seal of office.
E oSonia A. Duggan
Commission Expires
09 -02 -2016
Notary Public ' d for
The State of Texas
My commission expires
%turphN SA 1l'c-AkNil, OIh c• ;it,N,1" :dlard -P ) Ro\ .'69 -W,1ic "1V .0 ")'!I' �� ;i- ilrn')" .14, 111`,
I'irmcr>iillCI'IIMXk1m f illiCc • iili S 11ain • I't). LI��� 51 Z • } arrn.r;� i!{�� l `{ 1a:� • 9 r ?S +o;`1^ • I.i� `� ' -� "� -' {�';
6C October 2 - 3, 2013 4K October 16 - 17, `2013
ORMANCE NO.,
ORDINANCE
N0.2013 -38
AN ORDINANCE OF
AN
THE CITY OF WYLIE,
ORDINANCE
TEXAS,
APPROVING A NE-
OF THE CITY OF
GOTIATED RESO_
WYLIE, TEXAS,
LUTION BETWEEN
AMENDING
THE ATMOS CITIES
ORDINANCE NO.
STEERING COMMIT -
2007-36 AND AR-
TEE AND ATMO
TICLE IV (SPEED)
ENERGY CORP., ,
MID-TEX DIVISION
OF SECTION
REGARDING THE
110 -133 (SCHOOL
COMPANY'S 2013
ZONES), OF THE
ANNUAL RATE RE-
WYLIE CODE OF
VIEW MECHANISM
ORDINANCES,
MING IN ALL CIT.
ESTABLISHING
IES EXERCISING
ORIGINAL JURISDIC-
FOR CERTAIN
TION; DECLARING
EXISTING RATES To
STREETS; ES-
BE UNREASONABLE;
TABLISHING PRI-
ADOMN[1 TABS
MA FACIE MAXI-
MUM SPEED
ADJUSThIENTS CON -
LIMITS DURING
SISTENT WITH THE
SCHOOL HOURS
NEGOTIATED SET-
IN SUCH ZONE;
TLEMENTANDFIND-
REMOVING THE
ING THE RATES TO
BE SET BY THE AT
SCHOOL ZONE
TACHED TARIFFS TO
FOR CERTAIN
BE JUST AND REA-
STREET(S);
SONABLE; REQUIR-
PROVIDING FOR
ING, THE COMPANY
INSTALLATION
TO REIMBURSE CIT
OF S16NS AND
IES' REASONABLE
'6 IINCrS;
RATEMAKING EX-
'
- —
PENSES; REPEAL -
REGULATING
ING` CONFLICTING
VEHICULAR
RESOLUTIONS OR
AND PEDES-
ORDINANCES; DE-
TRIAN TRAF-
TERMINING THAT
FIC; PROVIDING
THIS ORDINANCE
FOR A PENALTY
WAS PASSED IN AC-
CORDANCE WITH
FOR THE VIOLA-
THE REQUIRE -
TION OF THIS
MENTS OF THE TEX-
ORDINANCE;
AS OPEN MEETINGS
PROVIDING FOR
ACT; ADOPTING A
REPEALING,
SAVINGS CLAUSE;!'
DECLARING
SAVINGS AND
AN ,,,
SEVERABILITY
EFFECTIVE DATE;
PROVIDING A MOST
CLAUSES; PRO-
FAVORED NATIONS
VIDING FOR
CLAUSE; AND BE-
AN EFFECTIVE
QUIRING DELIVERY
DATE OF THIS
OF THIS ORDINANCE
ORDINANCE;
TO THE COMPANY
AND PROVID-
AND THE STEERING
ING FOR THE
COMMrrm,s LE-
GAL COUNSEL.
PUBLICATION
OF THE CAP-
TION HEREOF.
21 -1 -56 -339