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Ordinance 2007-25 ORDINANCE NO. 2007-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 2004-25 AND ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRLAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VTOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds it necessary to amend Section 2 of Ordinance No. 2004-25 and Article IV, Section 110-133 of the 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 of Wylie, Texas (the "City"), and in the immediate vicinity of school areas, during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and 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 Section 2 of Ordinance No. 2004-25 and Article IV, Section 110-133 of the 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 SECTION 2 OF WYLIE ORDINANCE NO. 2004-25 AND ARTICLE IV SECTION 110-13 3 OF THE CODE OF ORDINANCES. Wylie Ordinance No. 2004-25, Section 2 and Article N, Section 110-133 of the Code of Ordinances are hereby amended as follows: Ordinance No. 2007-25 Amending Section 2 of Ordinance 2004-25 and Article IV, Section 110-133 re: School Zones Page 1 ~ 494365-1 "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 hereafter 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 (20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of ~k~,~ the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street, one hundred fifty feet (150') south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'). 2) Twenty (20) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point two hundred feet (200') east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet (525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. Ordinance No. 2007-25 Amending Section 2 of Ordinance 2004-25 and Article IV, Section 110-133 re: School Zones Page 2 494365-1 d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point five hundred fifty feet (550') north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet (400') west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road, west one hundred fifty feet (150'). k. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. l. On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'). m. On McCreary Road from the intersection of Riverway Lane, south one thousand feet (1000'). n. On McCreary Road from the intersection of Riverway Lane, north one thousand feet (1000'). o. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane, south one hundred fifty feet (150'). q. On Springt~de Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'). 3) Thirty (30) miles per hour between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days, on the following streets: a. On FM 544 from the intersection of Country Club, east one thousand feet (1000'). b. On FM 544 from the intersection of Country Club, west one thousand feet (1000'). 4) Thirty-five (35) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, ~.A south five hundred feet (500'). Ordinance No. 2007-25 Amending Section 2 of Ordinance 2004-25 and Article IV, Secrion 110-133 re: School Zones Page 3 494365-1 b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet (1000'). 5) Twenty (20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Stone Road from the intersection of Ballard Street, east to one hundred feet (100') west of the intersection of John Akin Lane. b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On Kirby Street from the intersection of Birmingham, east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. 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). Each continuing day's violation 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. Section 2 of Wylie Ordinance No. 2004- 25 and Article N, Section 110-133 of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. 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 occumng 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 declar~d 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, Ordinance No. 2007-25 Amending Section 2 of Ordinance 2004-25 and Article IV, Section 110-133 re: School Zones Page 4 494365-1 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14th day of August, 2007. Jo Mond , M or `~~~~~u~i~ri~~~~~ ATTESTED TO AND ~~.~`~~y F . ~y~'~.,~~ 4~~4 CORRECTLY RECORDED BY: ; V~;• % : ~ ~ ~ e " - SEAL - i" _ _ = ~ = : ; . C ole Ehrli , Crty Secretary !y ` 5 y~ ~E TEy~P~,~. Date of publication in The Wvlie News - August 22, 2007 Ordinance No. 2007-25 Amending Section 2 of Ordinance 2004-25 and Article IV, Secrion 110-133 re: School Zones Page 5 494365-1 CS~S Media, Inc. ~Ije ~armer~bi[Ce ~Girrteg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS , STATE OF TEXAS ~ ~ COUNTY OF COLLIN C ~ 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 number 2007-25 was published in said newspaper on the followi tes, to-wit: August 22, 2007 Chad Engbrock, Publisher ~a ~o~ Subscribed and sworn before me on this, the day of _~~t~u- , 2007 to certify which witness my hand and seal of office. ` UL~~, o""""'~ MARY SWANK ~~.~~er rus~ . Notary Pub~ic, State of Texas Not ry Public in and for ' ` My C4mmission Expires ' The State of Texas '~.'~EOiy Sep19tY1bCt 22~ 2010 '~a,i ~ q_~~_~~;r~~ My commission expires RECE'y~~ SEP Q 7 2007 F?~ Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Fa~me~sville, TX 75442 • 972-784-6397 • faac 972-782-7023 August 22 - 23, 200~ - C&S MEDIA PLJBLICATIONS - Section B- Page 5 :~~tA'~,."'~ No. z~fi~T•2~ , AN = ORDH~A~'~. ~ j jjy,'J .Cl l i . ~ ~~~yYL~Y, `~~Sf ~lYt~-~ ~A~`~~?i. SECC't'ION r 2 ~ I~T~IAICE ` ~T(}; s {~rL E'1F~}}~~~h't~*~~. TION ~l(I±3~ ~ COD~ x' Ck~' NA~~'~._ ~A$~.~~'I_ nvc~ ~~i~~~~~ Fou , ~ - ..;~,t: sT~s;~~.~~~-:~. ING PRIIVi~k F~ . MAXIMUM, ~1+~I~~ . . ' Y~~J1~N~E'i ~ ~~I~' ~iC3~~, `fN S~ ~~~"~,4~~ , . ~ I~T~'~"~~,A- ~ = . .~~r= t~A~~ - ~ ? F~~~ ~t~t~; : : ~ci~. ~ ?t~ ~ ~ ~ ~~vt~~.~~~ ~ ~ ` ~~s ' v~?t~t~c~; ~'~C~VIDI13~ = FUIt REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PRO- VIDING FOR AN EFFECTNE DATE OF THIS ORDINANCE. John Monday Mayor Attest: Carole Ehrlich City Secretary 14-1t-339-401i