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Ordinance 2004-25 ORDINANCE NO. 2004-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 78-17, 90-12, 95-1, 99-36, 2001-55 AND 2004-09 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 VEIDCULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF TmS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FORAN EFFECTIVE DATE OF TmS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") fmds it necessary to amend Ordinance Nos, 78-17, 90-12, 95-1, 99-36, 2001-55 and 2004-09 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, 78-17,90-12,95-1,99-36,2001- 55 and 2004-09 and Article IV, Section 110-168 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: FINDINGS INCORPORATED, The fmdings set forth above are incorporated into the body of this Ordinance as if fully set forth herein, SECTION 2: AMENDMENT TO WYLIE ORDINANCE NOS, 78-17.90-12.95-1. 99-36. 2001-55 and 2004-09 AND ARTICLE IV. SECTION 110-168 OF THE CODE OF ORDINANCES, Wylie Ordinance Nos, 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and Article IV, Section 110- 168 of the Code of Ordinances are hereby amended as follows: Ordinance #2004-25 Ordinance amending Nos. 78-17, 90-12, 95-1, 99-36, 200 I-55 and 2004-09 and Article iv, section 1l0-168 of the Code of Ordinances (school zone times) Page I "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 2:40 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 ofits intersection with West Stone Road. c, On Park Boulevard from the intersection of Westgate Way, west one thousand feet (1000'), d, On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'), 2) Twenty (20) miles per hour between the hours of7:15 a,m. to 8:00 a,m. and 2:40 p.m, to 3:15 p.m., 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 250 ft. west of intersection with Castlewood Drive, Ordinance #2004-25 Ordinance amending Nos, 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and Article iv, section 110-168 of the Code of Ordinances (school zone times) Page 2 e, 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. 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, 1. 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 Park Boulevard from the intersection of Country Club Road, east to the intersection of Cheyenne Road. 1. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive, m, On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'), n. On McCreary Road from the intersection ofRiverway Lane, south one thousand feet (1000'), 0, On McCreary Road from the intersection ofRiverway Lane, north one thousand feet (1000'), p, On Riverway Lane from McCreary Road, east two-tenths (2/1 0) of a mile to one hundred feet (100') west of the intersection of Meandering Drive, q, On Appalachian Drive from the intersection ofRiverway Lane, south one hundred fifty feet (150'), r, On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'), 3) Thirty (30) miles per hour between the hours of 8: 15 a,m. to 9:00 a.m. and 3:45 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 8:00 a.m. and 2:40 p.m, to 3:15 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'), Ordinance #2004-25 Ordinance amending Nos, 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and Article iv, section 110-168 of the Code of Ordinances (school zone times) Page 3 5) Twenty (20) miles per hour between the hours of7:15 am, to 8:30 a.m, and 2:40 p.m. to 3:45 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, 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 Kirby Street 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 Stoney brook 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: PENALTY 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: SA VINGS/REPEALING CLAUSE, Wylie Ordinance Nos. 78-17, 90-12, 95- 1,99-36,2001-55 and 2004-09 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, Ordinance #2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and Article iv, section 110-168 of the Code of Ordinances (school zone times) Page 4 SECTION 6: EFFECTWE 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 10th day of August, 2004, \ ATTESTED TO AND CORRECTLY RECORDED BY: ~ , ) \\\\111111'", \\\ 0 F'l, ,\ _I W '/ .....,"~ '............ )-///.....~ ~ " .. e. ~/ ", 2 0:. ... <<' ~ .:- : e:,__=-~ .~ -:. - . sr" L . - =: tA : - - ~ {~._~._-~ : -;. . e,_,__9 : _ . . ~ -:.' .- ~. ..... ~ ..., '1-,_ '....... ,,<=:, ,.::- '// r; " TC'f--r' " //11" ;'~ . L- \\\\\ "Iiil ll\\~\ C Date of publication in The Wylie News Au2Ust 18. 2004. Ordinance #2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and Article iv, section 110-168 of the Code of Ordinances (school zone times) Page 5 THE WYLIE NEWS l:overmg Wylie, Sachse, Murphy and the surroundmg 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 City of Wylie Ord. No. 2004-25, 2004-26, 2004-27 was published in said newspaper on the following date(s), to-wit: Aug. 18,2004. {}fJf--/ Chad Engbrock, Publisher Subscribed and sworn before me on this, the j,R day of # , 2004 to certify which witness my hand and seal of office. ~~~~~~~~ Notary Public t State of Texas My Comrn eKp, 01-02-07 /-~- {' f;:~;'~:- X~ C)/i~HU7 Notary Public in and for The State of Texas My commission expires 01/02/07 t"'Iseal ')'efI1' 'lSUTI'get IS 61\''''''"' ,.", " file with the City~' This public hearing is held Secretary at City Hall, to consider the application 5560 Highway 78, and is as an amendment to the available for inspection Comprehensive Zoning upon request. A copy of Ordinance of the City of the 200412005 Fiscal Year Wylie, Texas and the Principal items of con- Budget can also be viewed Official Zoning Map. The struction will include: at the Sachse Public request will be considered Library. Questions and as follows: C,onstruction of the pro- inquiries about the budget Planning and Zoning posed North Texas document can be made to Commission: Tuesda Municipal Water District. 972-495-1212 (ext 33) September 7, 2004, 7 pm Sabine Creek Regional and can be reviewed on Wastewater Treatment the City's web site at Plant, FatelRoyse City, www.cityofsachse.com. Texas, consisting of raw The time and place of the sewage lift station, grit public hearing is as fol- removal system, aeration lows: Each public hearing will basins, final clarifier, ter- Date: September 07,2004 be held at the following tiary filtration, U.v disin- Day: Tuesday location: fection, sludge holding Time: 7:30 PM City Council Chambers of basin, scum pump station, Place: City of Sachse the Municipal Complex non-potable water system, 2000 Highway 78 North, building construction, Council Chambers, Wylie, Texas mobile belt press pad, 5560 Highway 78, This notice has been sent including all associated .. ... Sachse, TX 7.504~to all owners of real prop- piping, site work, elect Vi- n__ _____l}-2t-J37.Q. erty within 200 feet of the cal, motor controls. fenc- equest as such ownership ing, access roadway. etc" ORDINANCE NO. ppears on the last as shown on the plans a 2004-25 approved city tax rolL as specified herein, Action by the Planning AN ORDINANCE OF and Zoning Commission THE CITY OF WYLIE, serves as a recommenda- TEXAS, AMENDING tion to the City Council ORDINANCE NOS. 78- and is not a final action on 17, 90-12, 95-1, 99-36, the request. If the 2001-55 AND 2004-09 Commission recommends AND ARTICLE IV, SEC- denial, a three-fourths TION 110-168 OF THE majority vote by the City CODE OF ORDI- Council shall be required NANCES, ESTABLISH- for approval. Zoning dis- ING A SCHOOL ZONE tricts, amendments and FOR CERTAIN conditions recommended STREETS; ESTABLISH- by the Commission for ING PRIMA FACIE approval by the City MAXIMUM SPEED Council may be more LIMITS DURING restrictive than those SCHOOL HOURS IN described in this notice. SUCH ZONE; PROVID- ING FOR INSTALLA- TION OF SIGNS AND MARKINGS; REGU- LATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.' Texas:at Wille'] ':1'llC. :11l( place the proposals.will be publicly opened and read aloud. Any l:-jd received after closing time will be returned unopened, Each bid must be accom- panied by a certified or cashier's check, o~ \In approved bidder's~ ~b. an amount not l~ tban 5% of the maximum otal bid, payable to the North Texas Municipal Water District without recourse, as a guarantee that the Bidder will enter into a contract and execute per- formance and payment bonds on the forms pro- vided within ten (10) days after the award of the con- tract to him, ~ ~i U Performance and payment Bonds are required, each in an amount of not less than one-hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or fur- nishing materials, Proposal forms, plans and specifications may be examined at the North City Council: Tuesday, September 28, 2004, 6pm All interested persons are encouraged to attend the public hearing and express their opinions on the zon- ing change request. If you are unable to attend, but wish to have your opin- ions made a part of the public record, please com- plete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account num- ber (if applicable) on the NO. !Sou, LOllIn ''Coumy, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226, Deed Records, Collin County, Texas (D.R.C.C.T.) save and except parcels take for road rights-of-way and being more particularly described as follows: BEGINNING at a 112" iron rod found for comer and being the intersection of the Westerly line of said 134.33 acre tract of land with the Northerly line of Vinson Road (a 60' ROW) said intersection point being at the most easterly comer of Twin Creeks Estates, an addition to the City of Wylie, recorded in Volume 72, Page 808, Map Records, Dallas County, Texas; THENCE N 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the Easterly line of said Twin Creek Estates, a distance of 1276.47 feet to a 112" iron rod found for comer; THENCE N 47 degrees 43 minutes 58 seconds West, continuing along said old fence line; and on said Twin Creek, Estates easter- ly line, a distance of 360.95 feet to a 112" iron rod found for comer; THENCE northwesterly, along an old fence line, the following three (3) calls: 1. THENCE N 47 degrees 01 minutes 33 seconds West, a distance of 218.23 feet to a 112" iron rod found for comer; 2. THENCE N 47 degrees 31 minutes 52 seconds . Business & Professional Directory · Business & Pro