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
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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