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Ordinance 2004-37 ORDINANCE NO. 2004-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO PROHffiIT THE PARKING OF A VEHICLE ALONG A PORTION OF FOXWOOD LANE AND LANWOOD DRIVE LOCATED IN WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SA VINGS AND SEVERABILITY CLAUSES (REPEALING ORDINANCE 2004-27); AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of 99542,202 and 545.302 of the Transportation Code, has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the parking of a vehicle along a portion of Foxwood Lane and Lanwood Drive located in Wylie; and WHEREAS, the City Council further finds that in accordance with 99542202 and 545.302 of the Transportation Code, it is a reasonable exercise of its police power to prohibit the parking of a vehicle along a portion ofFoxwood Lane and Lanwood Drive located in Wylie as set forth below. 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: DEFINITION, The definition of "No Parking" as used herein means an area designated for unobstructed access on a street or road. SECTION 3: NO PARKING, No parking shall occur along a portion of the north and south sides ofFoxwood Lane within thirty (30) feet of the intersections of John Akin Lane and Lanwood Drive; no parking shall occur along a portion of the west side of Lan wood Drive within thirty (30) feet, north and south, of the intersection of Foxwood Lane; no parking shall occur along a portion of the east side of Lanwood Lane between the north and south entrances to the P. M, Akin Elementary School parking lot. SECTION 4: SIGNS. The City Manager, or his/her designee, shall be responsible for installing markers and, if necessary, signs to properly notify the public of the location of the No Parking lanes, The proper markings shall be one of the following: A SIGNS - signs shall read "No Parking" and/or "No Parking Here to Corner" and shall be twelve inches (12") wide and eighteen inches (8") high. The signs shall be painted on a white background with letters, using not less than two inch (2") lettering, The signs shall be permanently affixed to a stationery post, and the bottom of the sign shall be six feet, six inches (6' 6") above finished grade, The signs shall be spaced not more than one hundred feet apart. The signs may be installed on permanent buildings or walls or as approved by the City Manager or his/her designee. B. PAVEMENT MARKINGS - pavement markings shall be marked by painted lines of yellow traffic paint six inches (6") in width to show the boundaries of the No Parking lanes, The words "NO Ordinance #2004-37 Parking Foxwood-Repeal of Ordinance 2004-27 words "NO PARKING" shall appear in four inch (4") white letters and ten foot (10") intervals on the yellow boarder marking along both sides of the No Parking lanes. C. CURB MARKINGS - curb markings shall be painted in yellow traffic paint from the top seam of the curb to a point even with the driving surface, The words "No Parking" shall appear in four inch (4") white letters at ten foot (10') intervals along the curbs. SECTION 5: ENFORCEMENT: The No Parking lane provided herein shall in no way be obstructed. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing a No Parking lane at the expense of the owner of such material or vehicle. SECTION 6: SA VINGS/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 7: SEVERABILITYS, 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 thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid, SECTION 8: 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 Five Hundred Dollars ($500,00), Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law, PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of November, 2004. ~ / ,1\\11111111" ",\\\' 0 F W 1111/, ,'", -..l.. ........ r( '~ " ~".. .. " ~ r ':- ... ... ~ ~, .....'-J. .,.-.,p-. ~ .. ~ e" -::. ; { SEAL ) ~ ;. \ e::=::-~ .: _~ ,. ..- ,. ....... ~ .... ..."..$ ~ If,.. ~......... ~G;, $ ""1 rL! E T\:''''': "'....~ I" . \\\ II'".....'" ATTESTED AND CORRECTLY RECORDED: Published in the Wylie News- November 17. 2004 Ordinance #2004-37 Parking Foxwood-Repeal of Ordinance 2004-27 2 THE WYLIE NEWS --coVering Wyue.S-aChse,lTill'phy allifiliC surniuniIingarea -~-----~._~._._..__._-~-----_._--"- 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. 2004-37 was published in said newspaper on the following date(s), to-wit: Nov. 17,2004. Subscribed and sworn before me on this, the !J day of A~ , 2004 to certify which witness my hand and seal of office. ~~....,..."+-_.~,..,,,,..,,. I' I;~. ~t;.~."~~II.;:;'\ ADA L. MOON. EY t.. ~ r;t (\ Notary Public ~ · ~. State of Texas " U', ., If ~~~::~J /1 / /, (jiL ;e Jk~7 Notary Public in and for The State of Texas My commission expires 01/02/07 with the \Tortherly line of Vinson Road (a 60' ROW) said interse~tion point being .at the most easterly corner 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 dis- tance of 1276.47 feet to a 112" iron rod found for cor- ner; 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 1/2" iron rod found for corner; ~ ~ THENCE northwesterly, s along an old fence line, the - following three (3) calls: 1 t 1. THENCE N 47 degrees s 01 minutes 33 seconds West, a distance of 218.23 ~ feet to a 112" iron rod found for corner; , 2. THENCE N 47 degrees 1 31 minutes 52 seconds West, a distance of 404.96 ~ feet to a 112" iron rod i found for corner; ~ ~ 3. THENCE N 47 degrees 18 minutes 48 seconds West, a distance of 327.40 feet to a 112" iron rod found for corner and being f the most northerly corner i of a tract of land conveyed - by deed to Larry Morgan, ~ recorded in Volume 1449, c Page 264, D.R.C.C.T.; s g THENCE S 48 degrees 28 .1 minutes 56 seconds West, e along a new fence and f remains of old fence, and the Northwesterly line of said Larry Morgan tract of e land, a distance of 262.83 n feet to a 3/8" iron rod It found for corner; I, 8. THENCE N 03 degrees 51 minutes 19 seconds W, a distance of 77 .26 feet to a 1/2" iron rod set for corner; 9. THENCE N 01 degrees 22 minutes 06 seconds E, a distance of 120.14 feet to an 18" Elm tree found for corner also serving as fence corner and being a point on the southerly line of said D. W. Williams Survey; THENCE easterly, along an old fence line, along the South line of said D.W. Williams Survey, the fol- lowing four (4) calls: 1. THENCE S 89 degrees 46 minutes 03 seconds E, a distance of 659.55 feet to a 1/2 inch iron rod set for corner; 2. THENCE S 89 degrees 51 minutes 16 seconds E, a distance of 212.12 feet to a 1/2 inch iron rod found for corner; 3. THENCE S 89 degrees 38 minutes 47 seconds E, a distance of 1135.88 feet to a 3/8" iron rod found for corner; 4. THENCE S 89 degrees 56 minutes 14 seconds E, a --- --- --- ----- -----0 the beginning of a non..tan- gent curve to the right hav- ing a central angle of 04 degrees 57 minutes 44 sec- onds, a radius of 2819.79 feet and a chord which bears S 02 degrees 02 min- utes 28 seconds E, a dis- tance of 244.14 feet; ----. --.--------..-.- 0 Northwesterly corh~r' of said Bill Kreymer tract of land and the Southwesterly corner of said 134.33 acre tract of land; THENCE N 46 degrees 12 minutes 49 seconds W, crossing Vinson Road, a distance of 175.74 feet to 2. THENCE southeasterly, the POINT OF BEGlN- along the said curve to the NING and contammg right, a distance of 244.21 8,064,912 square feet or feet to a 112" iron rod 185.1449 acres ofland. \ found for corner and being / 26-lt-3 the end of said curve; / ORDINANCE 3. THENCE S 00 degrees NO. 2004-37 28 minutes 42 seconds W, a distance of 1217.75 feet to a 1/2" iron rod set for cor- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO PROHIBIT THE PARKING OF A VEHICLE ALONG A PORTION OF FOX- WOOD LANE AND LAN- WOOD DRIVE LOCAT- ED IN WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES (REPEALING ORDI- NANCE 2004-27); AND 6. THENCE S 00 degrees PROVIDING FOR AN 52 minutes 55 seconds E, EFFECTIVE DATE OF passing the common pro~ THIS ORDINANCE. erty line of said 134.3~" 26-lt-339 ner; 4. THENCE S <\>\.~l~s 52 minutes 55 seco s E, a distance of 108.89 ~ et to a 3/8" iron rod found for cor- ner and being the begin- ning of a cutback line in said Fann to Market 544 westerly line; 5. THENCE S 44 degrees 16 minutes 48 seconds W, a distance of 37.41 feet to a 112" iron rod set for corner; WHAT WILL )'OU FIND ON OUR WEBSITE? ~ .~~ Log on to find out www.wylienews.com