Ordinance 2015-39 ORDINANCE NO. 2015-39
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A
CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY
REDUCING THE RATE OF SPEED THEREIN, ON BALLARD AVENUE
FROM ALANIS DRIVE TO CREEK CROSSING, 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 Ballard Avenue from the
intersections of Alanis Drive to Creek Crossing, herein defined, and that in order to protect the
traveling public and the workers during the construction of Ballard Avenue, 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 Inco orp rated. 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 Ballard Avenue from its intersection with Alanis Drive to its intersection
with Creek Crossing.
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 45 miles per hour.
Ordinance No.2015-39
Construction Work Zone Ordinance Page 1
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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 8th day of December 2015.
Eric Hogue, May
ATTESTED TO AND O FORM: i ---
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Carole Ehrlich, ity Secretary
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Date of Publication: December 16, 2015 in the Wylie News
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Ordinance No.2015-39
Construction Work Zone Ordinance Page 2
556734.vl
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STATE OF TEXAS
COUNTY OF COLLIN l�N 2016
F1N�` Ce
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba 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. 2015-39
was published in said newspaper on the following date(s), to-wit:
December 16, 2015
C ad Engbrock, Publisher
Subscribed and sworn before me on this, the 5(`_day of , 2015
to certify which witness my hand and seal of office.
Notary Public in and
aY� The State of Texas
My commission expires
4C December 16-17, 2015
City of Wylie
Ordinance
No.2015-39
An Ordinance Of The
City Of Wylie, Texas,
Creating A Construc-
tion Work Zone For
Traffic And Temporar-
ily Reducing The Rate
Of Speed therein, On
Ballard Avenue From
Alanis Drive To Creek
Crossing, In The City
Limits Of The City Of
Wylie; Defining The
Speed Limit, Requir-
ing The Placement Of
Signs; Declaring What
May Be A Sufficient
Complaint In Prosecu-
tions Hereunder; Pro-
viding For A Penalty
For The Violation Of
This Ordinance; Pro-
viding For Severability,
Savings And Repealing
Clauses;And Providing
For An Effective Date
Of Ibis Ordinance.
32-It-34h