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Ordinance 2008-28 ORDINANCE NO. 2008-28 f~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 2007-36 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 ZONE HOURS IN SUCH ZONE; REQUIRING THAT THE CITY ENGINEER ESTABLISH THE APPROPRIATE SCHOOL ZONE TIMES; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION 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. 2007-36 and Article IV, Section 110- 133of 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 corparate limits of the City of Wylie, Texas (the "C~"), and in the immediate vicinity of school areas, during periods of time, which shall be set by the City's Engineer, 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 safery 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. 2007-36 and Article IV, Section I 10- 133of 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: Findin sg 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. 2007-36 AND ARTICLE N. SECTION 110-133 OF THE CODE OF ORDINANCES. Wylie Ordinance No. 2007-36, Section 2 and Article IV, Section 110-133 of the Code of Ordinances are hereby amended as follows: Ordinance No. 2008-28 Amending Ordinance 2007-36 Section 2 Article IV, Section 110-133 - School Zones Page 1 516293.v1 _ "School Zones ~ a) Vehicle speed und operution 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 hereinafter 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 on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of 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'). e. On Westgate Way (1260') north of the intersection of Brown St., and (1170') south of the intersection ~of Brown St. 2) Twenty (20) miles per hour 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. d. On Heatherwood Lane from its intersection with Lanwood Drive to ~ two hundred fifty feet (250') west of intersection with Castlewood Drive. Ordinance No. 2008-28 Amending Ordinance 2007-36 Section 2 Article IV, Section I 10-133 - School Zones Page 2 516293.v l e. On W.A. Allen Boulevard from a point one thousand feet (1000) north of the point of its intersection with Springwood Lane to a point m~ 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. 1. 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 Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150' 3) Thirty-five (35) miles per hour on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet (1000' 4) Twenty (20) miles per hour on school days, on the following streets: a. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. b. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. c. On Kirby Street from the intersection of Birmingham, east to Ballard Street. L~~ d. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. Ordinance No. 2008-28 Amending Ordinance 2007-36 Section 2 Article IV, Section 1 10-133 - School Zones Page 3 516293.v1 5) Twenty (20) miles per hour on school days, on the following streets: a. On Wylie East Drive to a point one thausand feet (1000' ) north of the intersection of Brown St. and one hundred feet (100') south of Brown St. b. On Brown St. to a point one hundred feet (100' ) west of the intersection of Wylie East Drive 6) Twenty (20) miles per hour on school days, on the following streets: a. On Hooper Road, adjacent to Raymond Cooper Jr. High School at 900 Hooper Road, Wylie, Texas, and running 500 feet north along Hooper Road from the northern property line of the school and running along Hooper Road from the southern property line of the school to Hensley within Wylie. The appropriate hours of enforcement for such maximum speed limits shall be set by the City's Engineer. 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 4: Penalt~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 or separate act 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 5: Savin s~ /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 6: Severabilitv. 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 hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. tte~ SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. Ordinance No. 2008-28 Amending Ordinance 2007-36 Section 2 Article 1V, Section 1 10-133 - School Zones Page 4 516293.v 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10`h day of June, 2008. i ~ ; , Eric Hogue, Mayo ATTESTED TO AND CORRECTLY RECORDED BY: Cl ~ ~r , ` .,f..a . ,.ee~ : ° •v= ~'f'`~. - ~ s , r " = 5~~.~ _ - ~ ; : ~ ' m° : Caro e Ehrlic ecretary ~.~.o~..••.• ~ ~ ~ ~~~~~`',I E,' i Eo P~~. Date of ~ublication in The Wvlie News - June 18, 2008 Ordinance No. 2008-28 Amending Ordinance 2007-36 Section 2 Article IV, Section 1 10-133 - School Zones Page 5 ~ 16293.v 1 ~ CS~S Media,, Inc. ~he ~armergbitle ~imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS 1 STATE OF TEXAS - y~~ ~ ~ LLIN ~ ~ COUNTY OF CO Before me, the undersigned authority, on this day personal(y 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. 2008-27 and Ordinance No. 2008-28 was published in said newspaper on the following dates, to-wit: June 18, 2008. ~f ,~V Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of `~il I 1/V\ e. , 2008 to certify which witness my hand and seal of office. 1 r , ~~~~Pyp~~i~ MARY SWANK i~P.. '.B~!". pdotary Public, State of Texas _ ~ - My Commiss:on Expires '=;~q.;~~,t~'.~ seprember 22, 2oio tary Public in and for The State of Texas ~~--~U~C My commission expires ~ y RECEIVED JUL O 1 2008 FINAt~C,~ Murphy/SachselWylie 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~sville, TX 75442 • 972-784-6397 • fa~c 972-782-7023 June 18-19, 2008 7B ORDINANGE NO. Z008-18 AN ~RUINAN+~E OF "fHE ~ITY UF 1~7~'I,18, 1'F.XA'S, AMEND~NG SEC'I'tON 2 UF ,O~'3INANC~; Nd. 20tYI-36 AND;ARTICL.~ IV, ~6C.TiON I1(1-~~3 OF T~ COD~3 QF Qi~INAN~ES> E$'E`AB- LI$~1F'i'A SCHOOt. ZONE FQR CERT~ STR~ETS; ES'TABLISH~NCi PRIIViA FAG~ ivIAXIIvItJM SPEED LTNITTS, AL~G SCHOdL ZONE HQURS : ~N SUCH ZpNE; REQtT'~tiN~ THAT 'THE CITX BNGINEER ES'FABLIS~I ~ APFItO- PRIATE SCHQOL ZEJNE TIME$; PR4VIDING FOR IN3TALLATION OF SIGNS AND ;MARKINGS; REGU- LATING VEHICULAR.AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENAL- TY FOR THE VIOLATION OF THIS QRDINANCE; PROVIDING FOR REPEAL- ING, SAVII~IGS AND SEVER- ABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS O R D I N A N C E. Eric Hogue, Mayor AITEST: Carole Ehrlich, City Secretary , ( 5-1t-339-70li