Ordinance 2004-12
ORDINANCE NO. 2004-12
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE
MAXIMUM SPEED LIMIT ON FM 3412 PROCEEDING FROM FM 1378 TO
SH 78, WITH SUCH STREEET 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 VEIDCULAR
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 FM 3412 proceeding from FM 1378 to SH 78.
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: 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 for FM 3412 proceeding
from FM 1378 to SH 78 shall be as indicated on the attached display.
SECTION 3: Placement of Signs. The City Manager or hislher designated
representative is hereby authorized and directed to cause the placement of signs on FM
3412 proceeding from FM 1378 to SH 78 indicating the maximum speed allowed. The
signs shall be placed at the most advantageous points to be conspicuous to approaching
Ordinance #2004-12
ORDINANCE ESTABLISHING SPEED LIMIT
Page 1
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 hislher 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, "entence, 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 anyone 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 13th day of April, 2004.
J
ATTESTED AND CORRECTLY
:1a: .
CAROLEE~etary
Date of Publication: 04-21-04
Ordinance #2004-12
ORDINANCE ESTABLISHING SPEED LIMIT
Page 2
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THE WYLIE NEWS
t.:overmg Wylie, Sachse, Murphy and the surroundmg area
110N. 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
City of Wylie
Ord. No. 2004-12
was published in said newspaper on the following date(s), to-wit: April 21, 2004.
(/~!'" \{ 1......,..f;;...~./;' !>
I 'filL-
Subscribed and sworn before me on this, the
,!j~/,--
day. of ~
, 2004
to certify which witness my hand and seal of office.
ADA L. MOONE\{
Notary PublIC
Stlte otTe)(8S
My Coml1'\. ExP. 01-02-07
/"
{JiL KJ~I
.Notary Public in and for
The State of Texas
My commission expires 01102/07
-- l~.lt
.-/'
R":lt'}G a tractpfhllid -~itu-
aled in the E. M. Price
Survey. Abstract No. 725.
the D. W. Williams Survey,
Abstract No. 980. the
Nathaniel Atterberry
Survey. Abstract No. 1099.
and the William Sutton
Survey. Abstract No. 860,
Collin County, Texas and
the E. M. Price Survey,
Abstract No. 1114, Dallas
County. Texas. said tract
being all of a 53.42 acre
tract and a 134.33 acre
tract conveyed to Mrs.
Thelma Rice by Lone Star
Boat Co. and recorded in
Volume 561, at Page 226,
of the Deed Records of
Collin County, Texas save
and except parcels taken
for road rights-of-way and
being more particularly
described as follows:
BEGINNING at the inter-
section of the Westerly line
of said 134.33 acre tract
Thence, along the north with the Northerly line of
8 line of said tract, South 89 Vinson Road (a 60'
degrees 07 minutes 00 sec- R.O.W.) said intersecting
h onds East a distance of point being at the most
e 1,049.05 feet, to a concrete Easterly corner of Twin
h monument found for cor- Creek Estates (an
d ner; unrecorded Addition) filed
If in Volume 72 066, Page
h Thence, South 09 degrees 274 of the Deed Records of
:t 08 minutes 19 seconds East Dallas County, Texas a _"
)f a distance of 302.45 feet, to iron stake found at corner;
It a concrete monument THENCE, N 470 4 I' 5 I"
Ie found for corner; W, a distance of 1276.47
i, feet, on an old fence line,
1', Thence, South 21 degrees and on the Easterly line of
a 13 minutes 20 seconds said Twin Creek Estates to
Ie West a distance of 99.95 a " iron stake found at
r, feet, to a concrete monu- corner;
Ie ment found for the north- THENCE, N 470 43' 58'
west corner of a cailed W. a distance of 360.95
32.90 acre tract as con- feet continuing on said old
to veyed to the City of Dallas, fence line and on said Twin
as recorded in Volume 65, Creck Estates Easter]y line
st Page 560, Deed Records, to a I" iron pipe found at
1', Rockwall County, Texas; corner;
THENCE, Along an old
fence line the following:
N 470 OJ' 33" W, a distance
of 218.23 feet to a _" iron
stake found at corner;
N 47031' 52" W, a distance
of 404.96 feet to a _" iron
stake found at corner;
N 470 18' 48" W, a distance
of 327.40 feet to the most
Norther]y corner of a 9.8:t:
Thence, along said north acre tract of land owned by
:9 line, South 65 degrees 18 Larry Morgan (14) a _"
r
'I ..1 t nr qni~,,')nh ,;-'~f.~.,-\,,:l,
I Being a tract of land situat-
1 ed in thl! L.B. Outlaw
I' Survey. Abstract No. 173.
1 Rockwall County. Texas.
and being a portion of a
tract of land conveyed to
]shmael Leon Whitsell and
wife, as recorded in
- Volume 44. Page 204,
- Deed Records, Rockwall
County, Texas, and the
west portion of a called 40-
acre tract of land conveyed
1 to Lola M. Kinser, as
- recorded in Volume 40,
1 Page 59 I, Deed Records,
:l Rockwall County, Texas,
- and being more particular-
S Iy described as follows:
:l
f
Beginning at a 3/8 inch
a iron rod found on the cen-
e terline of Troy Road, said
point being the northwest
It corner of said Whitsell
f tract;
Ie
a Thence, along the west line
a of said City of Dallas tract,
d South 23 degrees 37 min-
1- utes 54 seconds West a dis-
II tance of I] 0.95 feet, to a
Ie point for corner on the
)f north line of a ] 00.00 foot
:1. easement to the City Qf
:h Garland;
J U7 ""TV.VJ .L..o, a. U-h~La.U.,",,", LU,", .1 .L..orl..'-..-I:J--Ul" J.,nc.
of 6591:ljjlf~t.lljQ a _" iron
stake found at corner;
S 890 51'] 6" E. a distance
of 212.12 feet to a _" iron
stake found at corner;
S 890 38'47" E, a distance
of I] 35.88 feet to a _" iron
stake found at comer;
S 890 56' ]4" E, a distance
of ] 68.67 feet to a _" iron
stake found at corner;
THENCE, North, a di
tance of 532.5] feet to a _"
iron stake set at corner;
THENCE, S 8800]' ]9" E,
a distance of ]9.78 feet to a
point in a Public road, a _"
iron stake set at corner;
THENCE, North, a dis-
tance of .1786.75 feet to a
point on the South line of
the A . Atteberr~y ~r\\ y,
Abstract No. 23, s . t
also being the 0 ea. t
corner of the Ma Ie Lee
Klingbeil 10 acre tract a _"
iron stake found at corner;
THENCE, East, along the
said A. Atteberry Survey,
and on the South line of the
S.H. Hood 73:t: acre tract of
land a distance of 1220.]]
feet to a point on the
Westerly line of Farm To
Market Road 544 a _" iron
stake set at corner;
THENCE, A]ong the said
Farm To Market Road
Westerly line, the follow-
mg:
S 403]']9" E, passing a
wooden right-of-way
marker at a distance of
207.93 feet and continuing
a total distance of 2] 1.90
feet to the beginning of a
tangent curve to the right
having a central angle of
5000'00", and a radius of
2819.79 feet, a _" iron John Mondy, Mayor
stake set at. corner; ATTEST:
Around Said curve to the C ] Eh]' h
. h . d' f 24601 aro e I' IC ,
ng t a Istance o. . ~'t S 48 ] 339
feet to the end of said curve I ecretar - t-
~e~:' iron stake set at cor- SECTION A
S 0028'42" W, a distance ADVERTISEMENT
of ]2]5.89 feet to an angle FORBIDS
point, a _" iron stake set at
corner;
S 0052'55" E, a distance of
] 08.89 feet to the begin-
ning of a cutback line in
said Farm To Market 544
Westerly line to a _" iron
stake set at comer;
BEGINNI~G and i;orltain-
ing ] 85. ]449 acres of land.
All interested persons are
encouraged to attend either
public hearing or notice the
City Council and express
their opinions on the pro-
po d annexation.
48-lt-339 \
ORDINANCE
NO. 2004-12
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS ESTABLISHING
THE MAXIMUM SPEED
LIMIT ON FM 3412 PRO-
CEEDING FROM FM
] 378 TO SH 78, WITH
SUCH STREET BEING
LOCATED IN THE c:rTY
OF WYLIE, TEXAS,
COLLIN COUNTY,
TEXAS; PROVIDING
FOR NOTIFICATION OF
THE MAXIMUM SPEED
LIMIT BY THE INSTAL-
LATION OF SIGNS AND
MARKERS TO REGU-
LATE VEHICULAR
SPEED ON THE DESIG-
NATED STREET; PRO-
VIDING FOR A PENAL-
TY FOR THE VIOLA-
TION OF THIS ORDI-
NANCE; PROVIDING
FOR REPEALING, SAV-
INGS AND SEVERABIL-
ITY CLAUSES; PROVID-
ING FOR AN EFFEC-
TIVE DATE OF THIS
ORDINANCE; AND PRO-
VIDING FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF
Sealed proposals addressed
to the City Council of the
City of Sachse, 5560
Highway 78, Sachse,
Texas, 75048, will be
received at the office of
Continued on page 138
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