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Ordinance 2018-21low ORDINANCE NO. 2018-21 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON S.H. 78 OR PARTS THEREOF, WITHIN THE INCORPORATE LIMITS OF THE CITY OF WYLIE, AS SET OUT IN THIS ORDINANCE; AND PROVIDING PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the City 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 safe 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 safe prima facie speed limit thereat or 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 State Highway 78 from Spring Creek Parkway to the eastern City Limits as set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. 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 Sneed. Upon basis of an engineering and traffic investigation heretofore made as authorized by the provisions of S545.356 of the Texas Transportation Code, the following prima facie speed limits for State Highway 78 proceeding from Spring Creek Parkway east to City Limits shall be set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on state Highway 78 proceeding from Spring Creek Parkway to the east City Limits indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching 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 his/her designated representative. The sign shall in no 1.. way be obstructed from view, and shall comply with applicable state laws. Ordinance No. 2018-21 S.H. 78 speed limit proceeding from Spring Creek Parkway east to City Limits 1 of 3 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, 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 any one 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 26th day of June, 2018. ATTESTED TO AND AS TO FORM: Stephanie Storm, City Secretary Date of Publication: July 4, 2018, The Wylie News Eric Hogue, M Ordinance No. 2018-21 S.H. 78 speed limit proceeding from Spring Creek Parkway east to City Limits 2 of 3 1 EXHIBIT "A" Ordinance No. 2018-21 S.H. 78 speed limit proceeding from Spring Creek Parkway east to City Limits 3 of 3 r Jr Texas Department of Transportation 125 EAST 11TM STREET 1 AUSTIN, TEXAS 78701-2483 1 (512)463.8700 1 WWW.TXDOT.GOV P. 0. Box 90, McKinney, Texas 75069-0090 June 01, 2018 Control: 0281-01-02 Highway: SH 78 County: Collin Ms. Mindy Manson City Manager City of Wylie 300 Country Club Rd., Building 100, 1st Floor Wylie, TX 75098 Subject: Speed zones Dear Ms. Manson, Please see attached information regarding the speed study request for SH 78 within City submitted by the City of Wylie. Please contact TxDOT if the City concurs with this recommendation. MOK TRF Sincerely, Texas Department nsportation Collin cou area office Brenan Honey, P.E. Area Engineer OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer ir Texas Department of Transportation 4777 EAST US HIGHWAY 80, MESQUITE. TEXAS 75150.6643 1 214-320-6100 1 WWW TXOQZMV May 23, 2018 Control: 0281-02 Highway: SH 78 County: Collin Ms. Mindy Manson City Manager City of Wylie 300 County Club Rd., Building 100, 1St Floor Wylie, TX 75098 Subject Speed Zones Dear Ms. Manson Attached for your information and handling is a computer printout of the speed zone study on SH 78 in the City of Wylie. The speed zone study was done after the completion of the reconstruction project and shows that the recommended speeds correspond to the speeds at which the normal and prudent driver is driving under the existing conditions. To proceed with the changing of the speed limits, TxDOT requires a signed city ordinance matching the zones on the speed study. To assist the City in the preparation of the ordinance, a sample speed zone ordinance has been attached to serve as a guide. Please forward the signed ordinance to our office by July 6, 2018 for further processing. Upon receipt of the ordinance from the City of Wylie, TxDOT will fumish and install the necessary signs at the proper locations. Should the City already have an ordinance on file that matches the limits shown on the study, please forward a copy of that to our office for our records. If we may be of further assistance, please feel free to contact Bahman Afsheen, P.E. at the above address or by telephone at 214-320-6229. Sincerely, Andrew R. Oberlender, P.E. District Transportation Operations Engineer Attachments cc: Traffic - Speed Zone Folder Honey, Area Engineer Oberlander/Cortez Hudspeth TF fE OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables the movement of peopte and goods. M Equal OpponuNq Employer 1 ILS.'S(GNiTDIST.yC[[ eoRA•e158717 SPEED ar■N7l 4 ZONE 1 GINS NM LEIi) ZONE SPEEDS IM.P.I(.7 LAVON VON ._.—. Ere INGS TOTARO I SACHSE VISORY SPEE( DIS ANEE St• DALLAS HIGHWAY SH 78 DATE 01 STUDY 04 -IE -1E SH 78 2 COUNTY: COLLIN CITY' WYLIE SCALE 1, • DJ MILES 1a (ON OPEN 5 S LAN[S HAS (.VON I -F-- _-- F ---- �- -�--I- n 4 LIMITS OF ZONE SEG710N ONE LENGTH . MILES SECTION TWO IS 1. WP. 010. ANO SEC NOJ,ECJ SIA. j� Y.P. BEGINS •1• - 1' 1_ BED INS P. FONT. AN! S[CT.I PROJECT 1 ENDS A• (r} Y.P. FRIT. ANO SECT. LENGTH _ MILES ONT. AND SECT. 62 l E2 121, LAVON 25 r.TNSTRUCTION SPE(p Mvk E5 PERCENTILE SPEED TDP SPEED YEASUNEO NLBER OF CARS CHECKED 3 LANES • FATAL ACCIDENT Q PERSONAL INJURY ACCIDENT Q PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY c0ENISSI0N MINUTE SIGNALIZED INTERSECTION TRIAL RUN 0550560P[NS COIELI ---4 `, ry I- i i i •SNMl alrk I COAL 1 OPEN SPEED ZONE CONT. 0281 SEC. 02 LIMITS:FROM E.OF GRAND HERITAGE (NORTHITO KREYMER RD. r SICE1 1 a 4 To- Texas Deporlem0aF Transperlalko SPEED STUDY COLLIN COUNTY SH 78 Th.., Pfaff _. SH 78 FP TOILUID C LAVON [,IL, B[AII INGS SACHSE 1 COUNTY COUNTY CONSTRUCT Ha SPEED I.w w 3 LANES 3, 1 OK DALLAS COUNTY: COLLIN +IILF R4' t GHWAY: • SH 7S CITYr WYLIE gNg��L// ACL jDr t Jr�I —� �� SS PERCENTILE SPEED LATE Of STUDY 04-11•10 KALE 1.'• D.1 YILfS CINRn : STE _i_/_ �l jj 1 TOP YEEO MEASURED LIMITS OF ZONE �I 12� •RATER Of CARS PIECED SECTION LENGTH MILES SECTION TWO LENGTH MILES 1 S[4. . ON. AND SECT. PROJECT 1 STA. 0R Y.P. CONT. AND SECT,'J JEFT DEOINS 4 00 _ _1 _ 1 0EG116 ! II II�� S� MP ICA. OR Y.P. FONT. AND SECT. PROJECT STA. INR u. P. CONT. AND SECT,' PROJECT ENDS —Q • OD_ I I I ENDS 1 __ ! I _ t I li 1 1P • FATAL ACCIDENT O PERSONAL INJURY' ACCIDENT O PROPERTY DAYAGE ACCIDENT 0Y*LCOWISSISEOCNTUIN NUTOENED ♦ SIGNALIZED INTERSECTION TRIAL RUN 1 OPEN 1104 10-4 [1110 SPEED ZONE CONT. 0281 SEC. 02 LIMITS: FROM E. OF GRAND HERITAGE (NORTH/TO KREYMER RD. Ayy 91 [12014 rauSs DNO0r1Nen1 M rrons0 mail R SPEED STUDY CrILLIN COUNTY 5H 78 .NNw uA www s nN, w. 1 SH 78 j y yDV-dI1SORE sPEEI. SIJRf E�E . 11 O�H O..• I lLl1OE CNs 1 f ZONE is ngo INY r4SI AA ES - ES ZS kirlid jD]�y�'i] SKIT sT■6(;iS T111�f DALLAS COUNTY: COLLIN pM/)fESNO• HIGHWAY. SH 78 CITY: WYLIE 1 REPLACED Sr DATE OF STUDY O4 -IN -IE SCALE I_' • 9.1 MILES CANCELLED BE T GATE / / LIMITS OF ZONE SECTION OKE LENGTH MILES SECTION TWO LENGTH _ _ MILES STA. v. .OMT. AND SECi�PROJE T 15TA. M. P. CONT. 11c SECT.'PrroJFF T SE61N5 9 - I NEG INS - - _, _ 1 W MP STA. Qy N. P. CONT. AND SECT. PROJErT I STA. • ON LLP. (OMT. ANO SECT, PROJF rT FNOS I/ QD I I _1 1 EN05 MA I • I I 1 1 UP OPEN DATE _/_/_ Btii NYLIE 3 NYL IE CONSTRUCTION SPEW ]. 1 3 LANFE COMM E S PERCENTILE SPEED TOP SPEED MEASURED MA1ER OF CARS CHECKED • FATAL ACCIDENT O PERSONAL INJURY ACCIDENT Q PROPERTY DAMAGE ACCIDENT • INDICATES SECTION ZONED B Y COMMISSION MINUTE SIGNALIZED INTERSECTION TRI A! RUN OPEN OPEN SPEED ZONE CONT. 0281 SEC. 02 LIMITS:FROM E.OF GRAND HERITAGE (NORTH)T0 KREYMER RD. QCET 3 or A Tues QEDOPim at aF Tran, 10 0n SPEED STUDY COLLIN COUNTY SH 78 SH 78 1145 � EI �NT 1271, 7�F �su#(S7a]i(T'[SVEEI Ee E ItBO. NID11l EI 34itlia5'a`G'. -sE�+-mss TOWARD LAVON C. BEARINGS EDWARD SACHSE jY jPF•IIitOY1lE51 j ( f RDBD. VID[N SURFA F (WTH UC iiPE :Es.il :111k (RJ �»ISORY 5PEEO Es. j(�(jfl O( 1110E COMM57 :[CT; DALLAS 1 COUNTY: LLI5c.mjI YL ND• + HIGHWAY: 514 78 CITY: WYLIE R se RPIACED BY e DATE OF STUDY 0A -18-1A SCALE 1. • D.1 Y1LES I CANCELLED BY e LIMITS OF ZONE SECTION ONE I LENGTH MILES SECTION TWO STA. Y.P. ILONT, AND SECT, PROJECT STA. CO M.P- BEGINS I BEGINS_ • _ ENDS 5 A- OR Y.P. FCMT.A. SECT,I PROUEfT �Y . OR U.P. 1 ESS I Ap r i • OPEN 3 LANEE)S S� ISN DYLIE SII 41 LENGTH MILES CONT -AID SECT. PROJECT 'CONT. AND SECT.' PROJECT RTL IE CONSTRVILkI SPEED 7 LANES OPEN IS PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED • FATAL ACCIDENT O PERSONAL INJURY ACCIDENT O PROPERTY DAMAGE ACCIDENT INDICATES SECTION T01/0 BY COMMISSION MINUTE A SIGNALIZED INTERSECTION TRIAL RUN L 1 OPEN 110. 0 SPEED ZONE CONT. 0281 SEC. 02 LIMITS: FROM E. OF GRAND HERITAGE (NORTH)TO KREYMER RD. 5O 18,11 BEET A or let Toms Deportment or TrOTs Mrtmlal SPEED STUDY COLLIN COUNTY SH 78 0141.41 rpla u_ w ..a+.An a une M.. 1 Elie j1armersbille Etrues • Murphy Monitor • The Princeton Herald • We Sachse News • THE WYLIE NEWS media STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2018-21 was published in said newspaper on the following date(s), to -wit: July 4, 2018. Chad Engbrock, Publisher Subscribed and sworn before me on this, the ` LI day of to certify which witness my hand and seal of office. Ar:AYPc,e,s SONIA A. DUGGAN Notary Public, State of Texas, na•'�?hr Expires �9,•.,,,.+� Comm. p es 08-18-2020 'iOF�� ',cint�`� Notary ID 130783749 Notary Public in The State of Texas My commission expires / ,2018 Murph 'Sachse'Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098 . 972-442-5515 • fax 972-442-4318 Farmersti illc'Princeton Office • 101 S. Main • P.O. Box 512 • FarmersviIle , TX 75442 • 972-784-6397 • fax 972-782-7023 July 4-5, 2018 FOFWYLI Ordinance No. 2018-21 An ordinance of the City of Wylie, Texas, altering the prima fa- cie speed limits es- tablished for vehicles under the provisions of transportation code, section 545.356 upon S.H. 78 or parts thereof, within the in- corporate limits of the City of Wylie, as set out in this ordinance; and providing penalty of a fine not to exceed $200.00 for the viola- --tion-e- ,his ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance. 9-1t-321i