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Ordinance 2008-23 ORDINANCE NO. 2008-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO PROHIBIT THE PARKING OF A VEHICLE ALONG THE EAST AND WEST SIDE OF FM 2514 (BALLARD AVENUE) FROM THE INTERSECTION OF FM 2514 AND FM 3412 (BROWN STREET) TO A POINT LOCATED 350' NORTH OF THE INTERSECTION, LOCATED IN WYLIE, TEXAS AND ESTABLISHING AN OFFENSE; 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, the City Council of the City of Wylie, Texas ("City Council") under the authority of §542.202 and 545.302 of the Transportation Code, has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the parking of a vehicle along portions of FM 2514 located in Wylie; and WHEREAS, the City Council further finds that in accordance with §542.202 and 545.302 of the Transportation Code, it is a reasonable exercise of its police power to prohibit the parking of a vehicle along portions of FM 2514 located in Wylie as set forth below; and WHEREAS, the City Council further finds that parking along portions of FM 2514 located in Wylie as set forth below, is dangerous ~o, and unduly interferes with, the free movement of traffic along FM 2514; and WHEREAS, the City Council under the authority of §542.202 and 545.302 of the Transportation Code, has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare to prohibit the parking of a vehicle along portions of FM 2514 located in Wylie 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: DEFINITIONS. For purposes of this Ordinance, the terms below shall have the following meanings: ParkinR or purk means to stand, halt or locate an occupied or unoccupied vehicle, other than _w~ temporarily while actively loading or unloading passengers or property. Ordinance No. 3008-23 Prohibit parking of a vehicle East and West Side of Ballard Avenue and the Intersection of Ballard Avenue and Brown Street ~ Vehicle means a device that can be used to transport or draw persons and/or property on a highway or street, including but not limited to a car, truck, trailer, truck tractor or motorcycle. SECTION 3: NO PARKING ZONE AND OFFENSE ESTABLISHED. No parking of a vehicle shall occur along the east and west side of FM 2514 from the intersection of FM 2514 and FM 3412 to a point located 350' north of the intersection ("No Parking Zone"). A person commits an offense by violating any provision of this Ordinance. SECTION 4: SIGNS. The City Manager, or his/her designee, shall be responsible for installing sings andlor markings to properly notify the public of the location of the No Parking Zone. SECTION 5: ENFORCEMENT: The No Parking Zone provided herein shall in no way be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives, is authorized to issue citations andlor remove or cause to be removed any material or vehicle obstructing the No Parking Zone at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the No Parking Zone pursuant to this Ordinance and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 6: 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 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: 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 more than Five Hundred Dollars ($500.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. Ordinance No. 2008-23 Prohibit parking of a vehicle East and West Side of Ballard Avenue and the Intersection of Ballard Avenue and Brown Street DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13`h day of May, 2008. / Jo on y, ayor 4,~~etsts~rr,~~,~s, ATTESTED AND CORRECTLY ~~,~`a,~~l. ~ ~ ~`~~e;`'f-,~6 RECORDED: G; , _.:f,.: ; : _ ~ ~-a: ' , ~ ~ ~ : , ri °o ~ i m• ee ? C ole Ehrlic , City Secretary ~'~i~~~J~~~°'`°°°`0XP5`e~`~` .,,~~~~E,~~ E ~ Date of ~ublication in The Wylie News - Mav 21, 2008 Ordinance No. 2008-23 Prohibit parking of a vehicle East and West Side of Ballard Avenue and the Intersection of Ballard Avenue and Brown Street ~ C$S Media, Inc. t ~ ~I)e ~armer~bille ~imeg • Murphy l~ionitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS ~ STATE OF TEXAS L~~ , ~1 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. 2008-23 and 2008-24 was published in said newspaper on the foltowing dates, to-wit: May 21, 2008. ~ Chad Engbrock, Publisher S Subscribed and sworn before me on this, the ~ day of ~ a , 20pg to certify which witness my hand and seal of office. ' ~'':a~~y~; MARY SWANK J Notary Public, State of Texas ~ My Commission Expires 44r`. ~>eptember 22, 2oio Notar Public in and for ` The State of Texas ~ ~:~-~0/C) My commission expires RECE~VED JUN 0 5 2008 FINANCE Murphy/Sachse/Wylie Office • I 10 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 • Fam~eisvilJe, TX 75442 • 972-784-6397 • fax 972-782-7023 N0.2005-23 ~ AN ORDINANCE OF Tf~ C1TY OF WYLIE, TEXAS TO PROHIFiTT THE PARK- ING OF A VEHICLE ALONG THE EAST AND WEST SIDE OF FM 2514 ~g~,Lpg~ AVENUE) FROM THE INTERSEC- TION OF FM 2514 AND FM 3412 (BROWN STREET) TO A POINT LOCATED 350' NORTH OF THE INTER- SECTION, LOCATED IN WYLIE, TEXAS AND ESTABLI"HING ~ OFFENSE; PROVIDING FOR A PENAL'fY FOR'Tf~ VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVERABILTI'Y CLAUSES; PROVIDING FOR AN EFFECTI~~E DE'`TE OF THIS ORDINANCE; AND pgpVmING FOR THE PUBLICATION ' OF THE CAPTION ~RFO~•