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Ordinance 2004-09 ORDINANCE NO. 2004-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 78-17, 90-12, 95-1, 99-36 AND 2001-55 AND ARTICLE IV, SECTION 110-168 OF THE 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 VEillCULAR AND PEDESTRIAN TRAFFIC; PROVIDING FORA PENALTY FOR THE VIOLATION OF TillS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABJLITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF TillS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), finds it necessary to amend Ordinance Nos. 78-17, 90-12, 95-1, 99-36 and 2001-55 and Article IV, Section 110-168 of 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 corporate limits of the City of Wylie, Texas (the "City"), and in the immediate vicinity of school areas, during periods of time 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 Nos. 78-17, 90-12, 95-1, 99-36 and 2001-55 and Article IV, Section 110-168 ofthe 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: .M1ENDMENT TO WYLIE ORDINANCE NOS. 78-17. 90-12. 95-1. 99-36 AND 2001-55 AND ARTICLE IV. SECTION 110-168 OF THE CODE OF ORDINANCES. Wylie Ordinance Nos. 78-17, 90-12, 95-1, 99-36 and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances are hereby amended as follows: Ordinance #2004-09 Ordinance amending nos. 78-17,90-12,9.5-1,99-36 and 2001-.5.5 and Article: iv, Section 110-168 of the: Code of Ordinances (School Zones) Page: 1 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 hereafter 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 between the hours of7:15 a.m. to 8:30 a.m. and 2:45 p.m. to 3:45 p.m., 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 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. d. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. e. 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 Drive. r On Heatherwood Drive from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. g. On W.A. Allen Boulevard from a point five hundred fifty feet (550') north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. h. 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. 1. On Lanwood Drive west to Castlewood Drive. J. On Heatherwood Drive from W'A. Allen to the intersection of Lanwood Drive. k. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. 1. On McMillen Road from the intersection of Country Club Road, west one hundred fifty feet (150'). Ordinance #2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and Article iv, Section 110-168 of the Code of Ordinances (School Zones) Page 2 n. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection ofTuscalosa Drive. o. On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'). p. On McCreary Road from the intersection of Riverway Lane, south one thousand feet (1000'). q. On McCreary Road from the intersection of Riverway Lane, north one thousand feet (1000'). r. 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. s. On Appalachian Drive from the intersection ofRiverway Lane, south one hundred fifty feet (150'). 1. On Springtide Drive from the intersection ofRiverway Lane, north one hundred fifty feet (150'). u. On Park Boulevard from the intersection of Westgate Way, west one thousand feet (1000'). v. On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'). 2) Twenty-five (25) miles per hour between the hours of7: 15 a.m. to 8:00 a.m. and 3:00p.m. to 3:30 p.m., on school days, on State Highway 78 from the point of its intersection with Jackson Street to a point five hundred fifty-five feet (555') south of the point of its intersection with Birmingham Street. 3) Thirty (30) miles per hour between the hours of8:00 a.m. to 9:00 a.m. and 3:30 p.m. to 4:15 p.m., on school days, on the following streets: a. On FM 544 from the intersection of Country Club, east one thousand feet (1000'). b. On FM 544 from the intersection of Country Club, west one thousand feet (1000'). 4) Thirty-five (35) miles per hour between the hours of7: 15 a.m. to 8:30 a.m. and 2:45 p.m. to 3:30 p.m., 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'). 5) Twenty (20) miles per hour between the hours of7:15 a.m. to 8:30 a.m. and 3:00 p.rn. t04:15 p.m., on school days, on the following streets: a. On Stone Road from the intersection of Ballard Street, east to one hundred feet (100') west of the intersection of John Akin Lane. Ordinance #2004-09 Ordinance amending nos. 78-17,90-12,95-1.99-36 and 2001-55 and Article iv, Section 110-168 of the Code of Ordinances (School Zones) Page 3 b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On West Stone Road from the intersection of Birmingham, east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. 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: PENAL TV PROVISION. Any person, firm, corporation or business 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 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: SAVlNGS/REPEALING CLAUSE. Wylie Ordinance Nos. 78-17, 90- 12, 95-1 99-36 and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. 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 hereof irrespective of the fact that anyone 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. Ordinance #2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and Article iv, Section 110-168 of the Code of Ordinances (School Zones) Page 4 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23rd day of March, 2004. y' \\\\\111111111 "", 0 F fA, 1111, , _\ yv I~ 'I' ,'A."' ........ r(. ~ ~ .." ... ..../ / " , .e -. /.A"\~ ~ r '\. .. .. \ . - -:. :: '-'. e~ . - ~ { SEAL .~ = ~ ~. e-~ .: __ 91' .-::: ~ ... ... ~ ., ..0 .. ~ ...:-- ;",/ """'y ........ ..J ~ " ""'1 LIE, Tt.."",'" "1/1111\1\\\\ ATTESTED TO AND CORRECTLY RECORDED BY: C Date of publication in The Wylie News-March 30. 2004 Ordinance #2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and Article iv, Section 110-168 of the Code of Ordinances (School Zones) Page S THE WYLIE NEWS t:ovenng Wylie, Sachse, Murphy and the surroundlllg area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS 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 Ord. No. 2004-07, 2004-08, 2004-09, 2004-10, 2004-11 City of Wylie was published in said newspaper on the following date(s), to-wit: March 31, 2004. f!!/Ift ~ Chad Engbrock, Publisher Subscribed and sworn before me on this, the JfI~ day of ~ , 2004 to certify which witness my hand and seal of office. ","","", /'~~~~\ AOAL.MOONEY to/ '\:f.\ Notary Public \'.~,,~~! State of T.xas ~~".:~:';~) ',.,,', 11.1\1 Comm expo 01-02-07 """- otary Public in and for The State of Texas My commission expires 01102/07 called 30.60 acre tract; IN THE PURCHASE AND RESALE OF REGU- LATED PROPERTY (PAWN SHOP); PROVID- ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE. THENCE, NORTH 15052'32" EAST, (called North 16025'18" East), continuing along said com- ,mon line, a distance of ;415.00 feet (called 414.26 lfeet) to a U.S. Army Corps lof Engineers concrete Imonument' found for the 'common most Northerly Northwest comer of said remainder of a called 149.629 acre tract and an interior corner of said called 30.60 acre tract; ORDINANCE NO. 2004-09 AN ORDINANCE OF THENCE, SOUTH THE CITY OF WYLIE, 89002'28" EAST, (called TEXAS, AMENDING iSouth 88033'07" East), ORDINANCE NOS. 78- Ideparting said common 17, 90-12, 95-1, 99-36 lline, and along the com- AND 2001-55 AND ARTI- Imon most Northerly line of CLE IV, SECTION 110- "said remainder of a called 168 OF THE CODE OF t 149.629 acre tract and ORDINANCES, ESTAB- Imost Northerly South line LISHING A SCHOOL of said caIJ~d 30.60 aCre ZONE FOR CERTAIN tract; a distan.~C" ~f 650.00 STREETS; 'ESTABLtSft- .feet (caJled 649.94 feet) to ING PRIMA FACI ,the POINT OF BEGIN- MAXIMUM SPEED LIM- I~NING and containing ITS DURING SCHOOL 158.4063 acres of land HOURS IN SUCH ZONE; within the metes and PROVIDING FOR bOl}llds herein recited. iNSTALLATION OF L 45-lt-339 SIGNS AND MARK- I GS; REGULATING ORDINANCE NO. V HICULAR AND 2004-07 PEDESTRIAN TRAFFIC; AN ORDINANCE OF PROVIDING FOR A THE CITY OF WYLIE, PENALTY FOR THE TEXAS, PLACING VIOLATION OF THIS RESTRICTIONS ON THE ORDINANCE; PROVID- USE AND OPERATION ING FOR REPEALING, OF MOTOR ASSISTED SAVINGS AND SEVER- SCOOTERS BY LIMIT- ABILITY CLAUSES; ING OR PROHIBITING AND PROVIDING FOR THE OPERATION OF AN EFFECTIVE DATE MOTOR ASSISTED OF THIS ORDINANCE. SCOOTERS ON CER- ~V'l1>SJ;ill.E.'I~_.W.lMU.L_- - ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZON- ING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-03, TO PLANNED DEVEL- OPMENT (PD) DIS- TRICT FOR SINGLE- FAMILY RESIDENTIAL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFEC- IVE DATE. 45-1 t-339 LEGAL NOTICE PUBLlC NOTICE The Nevada Water Supply Corporation announces the Annual Membership Meeting and Election on April 20, 2004 at 7p.m., at 108 N. Warren (the busi- ness office location). Proxy election ballots may be returned by mail: P.O. Box 442, Nevada, Texas 75173 or ballots may be returned in person to 108 N. Warren, between the hours of 8 a.m. to 4 p.m. Monday through commerCIal uses on approximately 575 acres of land generally located at the northeast, southeast and southwest comers of the intersection of State Highway 78 and State Highway 205, and south of Farm to Market Road 2755 between County Road 483 and County Road 844, pro- viding a penalty, saving and severability clause, and providing an effective date. 45-H-391 NOTICE TO BIDDERS The City of Sachse will accept sealed requests for proposal (in duplicate) for a contract on group. health insurance until 10:00 a.m. CST, April 15, 2004, in the office of the City Secretary, City of Sachse 5560 Highway 78, Sachse, TX 75048. Information may be obtained from the D'rector of Human esources, (972) 495- 1212, ext 25. Bid envelopes shall be sealed and marked with "Bid: Group Health Insurance" on outside of the envelope. Any bids received after the time and date stated above, regardless of the mode of delivery, will not be con- sidered. The City of Sachse reserves the right to reject any and all bids, in whole or in part, to' waive any informality in any bid, and to accept any bid, which, in its discretion, is in the best interest of the City of Sachse. 45-2t-1370 .. 41~' ." .... ,.- .,. - ........- - --- ~