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Ordinance 2016-02 ORDINANCE NO. 2016-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON EAST BROWN STREET PROCEEDING FROM SH 78 TO W.A. ALLEN BOULEVARD, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED 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, Section 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, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit 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, the City Council of the City of Wylie, Texas ("Wylie") finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for Ballard Avenue proceeding from SH 78 to W.A. Allen Boulevard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findin)s Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code, the prima facie speed limit(s) for East Brown Street proceeding from SH 78 to W.A. Allen Boulevard is hereby set at a maximum of 30 miles per hour. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on East Brown Street Ordinance No.2016-02 Maximum Speed Limits On East Brown Street Proceeding From SH 78 To W.A. Allen Boulevard Page I proceeding from SH 78 to W.A. Allen Boulevard indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. 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 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 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 Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies 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 26`" day of January, 2016. ERIC HOGU a or ATTESTED AND CO CTLY RECO D: Carole Ehrlich, Ci ecretary Date of Publication: February 3, 2016 in the Wylie News Ordinance No.2016-02 Maximum Speed Limits On East Brown Street Proceeding From SH 78 To W.A.Allen Boulevard ... Page 2 C&S ,T hi 1P.rilu'rs,Ui(IE.u;u=. A1ur'1 �n' ' , ,toctE 1 X 111k;4441,1 E 4fai'ti STATE OF TEXAS COUNTY OF COLLIN 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 Ordinances No. 2016-01 and 2016-02 was published in said newspaper on the following date(s), to-wit: February 3, 2016 Chad Engbrock, Publisher Subscribed and sworn before me on this, the _day of , 2016 to certify which witness my hand and seal of office. otary ublic 1 for Jc- { , c r%1� The State of Texas i Ccr c Expires 09- 0-2-20 1 6 My commission expires til h ,, 1C , illi... f1`i hall<u;i•I' ., , hl•1'."tin. i t 'in'ti• _ 1 _ > , _ ,. < iti February 3-4,2016 5C CITY OF WYLIE Ordinance No. 2016- 02 Ordinance No. 201 An Ordinance of the O1 City of Wylie, Texas An Ordinance Of The establishing the maxi- City Council Of The mum speed limits on City. Of Wylie, Texas, East Brown Street pro- Amending Wylie's ceeding from SH 78 to Code Of Ordinances, W.A. Allen Boulevard, Ordinance No. 2005- with such street being 07, As Amended, located in the City of Adding Article VII Wylie, Texas, Collin (Municipal Setting County, Texas; provid- Designations) To ing for notification of Chapter 42 (Environ- the maximum speed ment); Providing For limit by the installation Municipal Setting Des- of signs and markers ignations To Prohibit to regulate vehicular The Use Of Ground- speed on the designat- water In Designated ed street; providing for Areas; Amending The a penalty for the viola- Code Of Ordinances tion of this ordinance; To Add Section XIII providing for repeal- (MSD Application ing, savings and sever- Fee) Of Appendix C ability clauses; provid- (Wylie Comprehensive ing for an effective date Fee Schedule) For The of this Ordinance; and Purpose Of Establish- providing for the pub- ing An MSD Applica- lication of the caption tion Fee; providing a hereof. penalty clause, sav- 39-1t-75h ings/repealing clause, severability clause and an effective date; and providing for the pub- lication of the caption hereof.