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Ordinance 2013-41ORDINANCE NO. 2013-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON STONE ROAD FROM AKIN LANE TO W.A. ALLEN BOULEVARD AND ON FM 544 FROM STONE ROAD TO COLLINS BOULEVARD, 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 Stone Road from the intersections of Akin Lane to W.A. Allen Boulevard and on FM 544 from the intersections of Stone Road to Collins Boulevard, herein defined, and that in order to protect the traveling public and the workers during the construction of Stone Road and FM 544, 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 Stone Road from its intersection with Akin Lane to its intersection with W.A. Allen Boulevard, and (B) On FM 544 from its intersection with Stone Road to its intersection with Collins Boulevard. 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. Ordinance 2013 -41 - Construction Work Zone - Stone Rd from Akin Ln to W.A. Allen Blvd & FM 544 from Stone Rd to Collins Blvd Page 1 of 2 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 45 miles per hour. 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/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 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 22 "d day of October 2013. Eric Hogue, ayor ATTESTED TO AND AS TO FORM: Carole Ehrlich, ity Secretary Ordinance 2013 -41 - Construction Work Zone Stone R & FM 544 from Stone Rd to Collins Blvd Page 2 of 2 1 C&S.Nile fatmrtswilc Tnucs. Mulphk Monitor T hr PriniLIon ) Irra1L1 (c,c Acw, THE WYLIF NEWS �I o� 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 2013 -41 was published in said newspaper on the following dates, to -wit: October 30, 2013 Chad Engbrock, Publisher Subscribed and sworn before me on this, the J/ day of , 2013 to certify which witness my hand and seal of office. E Sonia A. Duggan Commission &Pim 09 -02 -2016 --1 -Ad Notary Public ' for The State of Texas My commission expires q -A / llur {�ht-5a�.fr�r' \b`�iii �)(ir . - 1 it) \, l,.Olxrct • I' i) }�,�� �f �) • bl "� lug I X ?�UV • 9�� i t_' > , > •lay 0 1!! i !n I ;nm esif eYn nc�rt�>n t)17itc • f 01 � �1am - 1'S7 I',.,� �I? • iarmcrs� illy I\ i 1_ `�" ?R, k e?��� • !.i� `� —' 'h' fit' t 41C October 30 -31, 2013 AMCE NO. 2013.41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CON- STRUCTION WORK ZONE FOR TRAFFIC AND TEMPORAR- ILY REDUCING THE RATE OF SPEED THEREIN, ON STONE ROAD FROM AKIN LANE TO W.A. ALLEN BOULE- VARD AND ON FM 544 FROM STONE ROAD TO COLLINS BOULEVARD, IN THE CITY LIMITS OE THE CITY OF WYLIE; DEFINING THE SPEED LIMIT, REQUIRING THE PLACEMENT ' OF SIGNS; DECLAR- ING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; PRO- VIDING . A PENALT FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING . FOR SEVERABIL'ITY, SAVINGS AND RE- PE'A1.IN W6;;, ANI.) PKU` MlNU FOR 00E&IVE DAT]i 1*1W Qlk" DINA