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Ordinance 2017-23 ORDINANCE NO. 2017-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-36 AND ARTICLE IV (SPEED) OF SECTION 110-133 (SCHOOL ZONES), OF THE WYLIE 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 PEDESTRIAN TRAFFIC; 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, §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 ("Wylie" or "City"), taking into consideration, among other things, whether the highway is a two-lane, undivided highway, as well as the usual traffic thereon, said governing body may determine and declare reasonable and prudent maximum prima facie speed limits 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, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds it necessary to amend Ordinance No. 2007-36 and Article IV (Speed) of Section 110-133 (School Zones) of the Wylie 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, 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 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 Ordinance No. 2007-36 and Ordinance No.2017-23- A School Zone For Certain Streets; Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone Page 1 of 6 634171.1 Article IV (Speed) of Section 110-133 (School Zones) of the Wylie 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 Ordinance No. 2007-36 and Article IV (Speed) of Section 110-133 (School Zones) of the Wylie Code of Ordinances. Ordinance No. 2007-36 and Article IV (Speed) of Section 110-133 (School Zones) of the Wylie Code of Ordinances, are hereby amended to read as follows: "Sec. 110-133. 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 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 Miles per hour, during specified times on school days on the following streets: AKIN ELEMENTARY SCHOOL a. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. b. On Lanwood Drive from the point of its intersection with Foxwood Lane south to the point of its intersection with Heatherwood Lane. c. On Heatherwood Lane from the point of its intersection with W.A. Allen Boulevard west to a point 250 feet west of its intersection with Castlewood Drive. Ordinance No.2017-23- A School Zone For Certain Streets; Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone Page 2 of 6 LOA,'" 1 d. On W.A. Allen Boulevard from a point 100 feet north of its intersection with Surrey Circle south to its intersection with Stone Road. e. On Foxwood Lane from its intersection with Castlewood Drive to its intersection with Lanwood Drive. f. On Stone Road from its intersection with Stonehedge Drive to a point 400 feet west if its intersection with W.A. Allen Boulevard. BIRMINGHAM ELEMENTARY SCHOOL a. On Brown Street from a point 150 feet west of its intersection with Rustic Trail to a point 360 feet west of its intersection with Westgate Way. b. On Westgate Way from a point 1260 feet north of its intersection with Brown Street to a point 1170 feet south of its intersection with Brown Street. BURNETT JR HIGH SCHOOL a. On Pirate Drive from its intersection with Hilltop Street to its intersection with Ballard Street. b. On Hilltop Street from its intersection with Pirate Drive to its intersection with Stone Road. c. On Stone Road from its intersection with 2nd Street to its intersection with Dogwood Drive. COOPER JR HIGH SCHOOL/DRAPER INTERMEDIATE a. On Hooper Road from north of its intersection with New Hensley Lane south to its intersection with New Hensley Lane. b. On the northbound and southbound lanes of Woodbridge Parkway 200 feet north of its intersection with New Hensley Lane to 200 feet south of its intersection with Old Hensley Lane. c. On New Hensley Lane from 200 feet west of its intersection with Woodbridge Parkway to a point 200 feet east of the easternmost driveway of Cooper Jr. High School. d. On Old Hensley Lane from its intersection with Woodbridge Parkway to a point 200 feet east of the easternmost driveway of Draper Intermediate School. DODD ELEMENTARY SCHOOL a. On Cheyenne Road from its intersection with Park Boulevard to a point 150 feet south of its intersection with Barbour Drive. b. On Tuscalosa Drive from its intersection with Cheyenne Road to a point 200 feet east of the intersection. Ordinance No.2017-23- A School Zone For Certain Streets; Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone Page 3 of 6 634171.1 c. On Park Boulevard from a point 400 feet east of its intersection with Country Club to a point 150 feet east of its intersection with Mobile Lane. GROVES ELEMENTARY SCHOOL a. On McCreary Road from a point 800 feet south of its intersection with Riverway Lane north to a point 800 feet north of its intersection with Riverway Lane. b. On Riverway Lane from its intersection with McCreary Road east to a point 150 feet west of the intersection with Meandering Drive. c. On Appalachian Drive from its intersection with Riverway Lane to a point 150 feet south of the intersection. d. On Springtide Drive from its intersection with Riverway Lane to a point 150 feet north of the intersection. HARRISON INTERMEDIATE SCHOOL a. On Ballard from its intersection with Stone Road south to a point 200 feet north of its intersection with Stoneybrook Drive. HARTMAN ELEMENTARY SCHOOL a. On Birmingham Street from its intersection with Williams Street to its intersection with W. Stone Road. b. On Kirby Street from a point 200 feet east of its intersection with Memorial Drive to its intersection with S. Ballard Avenue. MCMILLAN JR HIGH SCHOOL/DAVIS INTERMEDIATE a. On Park Boulevard from the intersection with Westgate Way, west to a point 150 west of its intersection with Mobile Lane. b. On Westgate Way from its intersection with Park Boulevard south 150 feet. WATKINS ELEMENTARY SCHOOL a. On Elm Road from its intersection with FM 544 west to a point 400 feet west of its intersection with Timber Falls Drive. b. On Timber Falls Drive from its intersection with Elm Road, south 200 feet. WYLIE EAST HIGH SCHOOL Ordinance No.2017-23- A School Zone For Certain Streets; Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone Page 4 of 6 41A171 1 a. On Wylie East Drive from a point 1000 feet north of its intersection with Brown Street to a point 100 feet south of the Brown Street intersection. b. On Brown, from its intersection with Wylie East Drive to a point 100 feet west of the intersection. WYLIE HIGH SCHOOL a. On Woodbridge Parkway from a point 200 feet south of its intersection with FM 544 to a point 100 feet south of the third median opening south of FM 544. (2) Thirty Miles per hour, during specified times on school days on the following streets: SMITH ELEMENTARY a. On Country Club Drive from a point 200 feet north of its intersection with Lakeway Drive to a point 200 feet south of its intersection with Boxwood Lane. As a result of the frequent changes to elementary and secondary public and private school start and end times, the appropriate hours of enforcement for school zone maximum speed limits shall be set by the City's Engineer. The maximum speed limits in a school zone shall be set in accordance with the Texas Department of Transportation recommendations, unless set forth and posted otherwise as determined 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 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), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). 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 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 Ordinance No.2017-23- A School Zone For Certain Streets; Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone Page 5 of 6 634171.1 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 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 8th day of August, 2017. Eric ogue, M�YO ATTESTED TO AND CORRECTLY RECORDED BY: d ✓` Carole Ehrlich, 01ty Secretary COL Date(s) of publication in The Wyliegl0t lb ' 2,0 12'1?OF TzV .. Ordinance No.2017-23- A School Zone For Certain Streets; Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone Page 6 of 6 634171.1