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HomeMy WebLinkAboutOrdinance No. 2015-2127ORDINANCE NO. 201S- A' � AN ORDINANCE OF THE CITY COUNCIL OF THE CITE` OF THE COLONY, TEXAS, AMENDING THE CGDE OF ORDINANCES, CHAPTER 19, SECTION 19-13, ENTITLED "TRUCK ROUTES," BY PEALING SAID SECTION IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 19, SECTION 19-13, ENTITLED "COMMERCIAL TRl jCK ROUTES"; ESTABLISHING COMMERCIAL TRUCK ROUTES WITHIN THE CITY; PROVIDING EXCEPTIONS TO THE CO'1I'NIERCIAL TRUCK: ROUTES QUIRING SIGNS FOR COMMERCIAL TRUCK ROUTES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE HATE. WHEREAS, Section 311.001(a) of the "Texas Transportation Code provides that a home - rule municipality has exclusive control over and under the public highways. streets, and alleys of the municipality; and WHEREAS, on February- ` 5. 2010, the City of the Colony. Texas (hereinafter referred to as the ``City„); the City of Frisco, Texas (hereinafter referred to as `.`Frisco").. and the North Texas Municipal Water District entered into a Settlement Agreement {hereinafter referred to as the "Settlement Agreement'' concerning the court case Cily of The Colony v..1NWth Tex. _,11hin. ff,'ater Dist.. 272 S.yK 3d 699 (Tex. App. — Ft. Worth 2008, pet. filed). its then pending appeal to the Teras Supreme Court, and related issues resolved among the parties to that lawsuit and WHEREAS, Section 7.i. of the executed Settlement Agreement required certain cooperation concerning Memorial. Drive, and provided in pertinent part the following: -'Commercial Truck(s)" as defined in Section 4. A, of Frisco Ordinance i\Tirnber 10-02-09. commonly referred to as the Truck. Route Ordinance, as such ordinance is in effect at the time of execution of this agreement, will not be allowed on the 1\4emorial Drive/Spring Creek connection and the connection will be posted accordingly. The Colonv shall take all actions necessary to amend any and all of its ordinance(s) related to prohibition of "Commercial Trucks," as defined above. on "Memorial Drive within The Colony, beginning at Nforning Star eastward to The Colony city limits. The only exemptions to this prohibition shall be those listed in Section 5.13.1 through 6 of Frisco Ordinance Number 10-02-09 or other exemptions specifically, required by state larva and WHEREAS, the City Council has discussed and considered such Code revisions and has determined that it is in the best interest of the City to repeal current Chapter 19, Section 19-13 of the Code, and to replace same with a new Chapter 19,. Section 19-13 entitled "Commercial Truck Routes"' to regulate and designate certain commercial truck routes evithin the City- in accordance; with the Settlement Agreement and State I avN - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony. Texas be. and the same is. hereby amended by amending Chapter 19, Section 19-13, by repealing said section in its entirety and replacing it with a new Chapter 19, Section 19-13. entitled "Commercial Truck Routes." which shall read as follows: "See. 19-13. Commercial truck routes. (a) Purpose. To protect the health, safety and general welfare of the residents of the city and to preserve and protect functionality and integrity of the city's roads, streets and highways by designating commercial truck traffic routes in the city. (b) Definitions. For purposes of this section, when not inconsistent with the context. words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. and the use of any gender shall be applicable to all genders whenev 7 er the sense requires. Words not defined in this section shall be given their common arid ordinary meaning. Conzinercial truck. AnN, motor vehicle having a weight of thirteen (13) tons gross vehicle weight rating (G\7WR R') or more including the load carried. also including but not limited to, an), vehicle carrying hazardous materials or solid waste. Commercial trucks shall not include vehicles carrying or designated to carry passengers, all governmentally owned or leased vehicles, public utility vehicles, motor' homes, recreational vehicles or vehicles used exclusively to transport personal possessions or family members for non -business I purposes. Truck route. A road, street and/or highway on which commercial trucks are allowed and which is designated and posted as a "truck route." (c,[,Tnlaiijid acts/exemptions. (1) It shall be unlawful to operate a commercial truck on any road. street or highway in the city except upon the following described roads, streets and highways located in the city: Page 2 Street Segment Extent FM. 423 Entire city limits State Highway 121 Entire cite limits Plano Parkway Entire city limits Windhaven Parkway Entire city limits (21) The provisions of this section shall not apply to: (A) Emergency vehicles operating in response to any emergency call-, (B,) A vehicle traveling to or from areas served directly by the roads. streets and/or highways listed in this section for the purpose of providing repair or maintenance service or loading or unloading goods. wares or merchandise, provided such vehicle is operated over the shortest possible route, and the operator of such vehicle has in his immediate possession evidence of the local destination and point of origin: (C) An owner and/or operator of a commercial truck driving to and from his residence: (D) Commercial trucks owned and/or operated by and/or on behalf of a governmental entity, , a public utility and/or any contractor or mater'Ialman. while engaged in the repair., maintenance or construction of roads, streets and/or highways, and/or road, street and/or highway improvements and/or I utilities within the city-, (E) Commercial trucks owned and/lor operated by and/or on behalf of a governmental entitv, Nvhile engaging in and/or performing official. authorized government -related business; and (F) Commercial trucks operating upon a city, or state officially designated detour, (d) Establishing truck routes. The director of engineering, or his/her designee. shall maintain accurate maps setting out truck routes on streets upon which truck traffic is permitted. The maps shall be kept on file in the office of the city secretary and shall be available to the public, Whenever any street designated as a truck route herein is being, repaired or is otherwise temporarily out of use. the director of engineering. or his/her designee is authorized to designate alternate truck routes for such period as may be necessary. (e) PostiiW of restrictions. Signs indicating the "truck route(s)" provided herein shall be placed or caused to be placed by the director of engineering, or his/her designee, at the most advantageous points to be conspicuous to approaching vehicular traffic. The signs shall be permanently affixed to a stationery post or installed on permanent buildings or paae 1, walls or as otherwise approved. The signs shall in no way be obstructed from view and shall comply Nvith applicable state la -,As. - SECTION 3. That if any section, article paragraph. sentence, clause. phrase or Nvord in this Ordinance. or application thereto any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Code of Ordinances of the City of The Colony. Texas. in conflict -,with the provisions of this Ordinance be, and the same are hereby, amended. repealed, and all other provisions of the Code of Ordinances of the City of The Colony. Texas, not in conflict with the provisions of this Ordinance shall remain in full fore e and effect. SECTION 5. That any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed Quilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony. Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars 6500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. That this Ordinance shall become effective from and after its date of passage and publication in accordance with law. PASSED AND APPROVED BY THF CITY COtTNCIL OF THE CITY OF THE COLONY, TEXAS, THIS dav of 20,15. , J Mccourry,"Ma-yor ATTEST 40 �0�1 00, ,VICCO 0 Christie Wilson, City Secretary APPROVED AS TO FORM: eff N-loore) City Attorney Page 4