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HomeMy WebLinkAboutOrdinance No. 04-1554 CITY OF THE COLONY ORDINANCE NO-~~ /~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 19 OF THE CODES OF ORDINANCES, AMENDING SECTION 19-14 BY AMENDING SUBSECTION (c) BY ADDING NUMBER (6) TO PROVIDE FOR AXLE LOAD LIMITATIONS FOR STREETS IN THE EASTVALE SUBDIVISION; BY AMENDING SUBSECTION (d) BY AMENDING NUMBER (1) AND ADDING A NEW NUMBER (4); AND, BY ADDING A NEW SUBSECTION (f) TO PROVIDE FOR PERMITTING PROCEDURES FOR CERTAIN OVERWEIGHT VEHICLES; PROVIDING FOR A REPEAL OF REGULATIONS IN CONFLICT; PROVIDING FOR SAVINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony is desirous of promoting a higher quality of life for residents; and WHEREAS, the certain streets have been improved as part of the city's capital improvement program; and WHEREAS, the City of The Colony desires to protect and preserve residential streets for the benefits of residents; and WHEREAS, after due deliberations and consideration the City Council of the City of The Colony finds that it is in the public interest to amend Chapter 19 of the Code of Ordinances to provide regulations for axle loads of vehicles driven and operated on the specific streets in the City and further finds that such regulations will promote the health, safety, and general welfare of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Section 19-14 of the Code of Ordinances of the City of The Colony be, and the same is, hereby amended by amending subsection (c) by adding number (6) and amending subsection (d) by amending number (1) and adding a new number (4) and adding a new subsection (f), which shall read as follows: 1 64391 "Sec. 19-14. Maximum weights, dimensions and fees. (c) No motor vehicle or combination of vehicles shall be operated or caused or permitted to bc operated upon any public street within the city having a weight in excess of any one or more of the following limitations: (6) In no event shall the total gross weight per axle, with load, of any vehicle or combination of vehicles driven and operated on the streets listed herein in their entirety, exceed eight thousand (8,000) pounds or 24,000 pounds gross vehicle weight. Street Extent All pads of Anderlan Dr. within the corporate Andedan Dr. limits of the City All pads of Bevily Dr. within the corporate limits Bevily Dr. of the City All pads of Cedar St, within the corporate limits Cedar St. of the City All pads of E. Lake Highlands Dr. within the E. Lake Highlands Dr. :orporate limits of the City All pads of Elm St. within the corporate limits of Elm St. ihe City ~,11 parts of Haven Hills within the corporate Haven Hills imits of the City ~,11 pads of Lakecrest Dr. within the corporate Lakecrast Dr. imits of the City ~,11 pads of Lakeland Dr. within the corporate Lakeland Dr. imits of the City ~,ll pads of Lakepark Dr. within the corporate -akepark Dr. limits of the City All pads of Lakeview Dr. within the corporate _akeview Dr. limits of the City All pads of Laurel Ct. within the corporate limits _aurel Ct. of the City All pads of Mimosa Ct. within the corporate Mimosa Ct. limits of the City. All parts of N. Horseshoe Trail within the N. Horseshoe Trail corporate limits of the City All pads of N. Shore Dr. within the corporate N. Shore Dr. limits of the City All parts of Oak St. within the corporate limits of Oak St. the City All pads of Overlake Dr. within the corporate Overlake Dr. limits of the City ~,11 pads of Pine Ct. within the corporate limits of Pine Ct. lhe City. ~,11 pads of Redbud Ct. within the corporate Redbud Ct. imits of the City ~,11 parts of S. Horseshoe Trail within the S. Horseshoe Trail :orporate limits of the City 64391 !All pads of Sunset Cir. within the corporate limits ,~unset Cir. of the City All parts of W. Lake Highlands Dr. within the N. Lake Highlands Dr. corporate limits of the City All parts of W. Shore Dr. within the corporate N. Shore Dr. limits of the City All pads of Willow Ct. within the corporate limits Willow Ct. of the City All parts of Witt Dr. within the corporate limits of Witt Dr. the City (d) The provisions of this section shall not apply to: (1) Any person operating or causing to be operated a motor vehicle on FM 423 or State Highway 121 under a valid permit for the operation of overweight or oversized equipment issued by the Texas Department of Transportation under the provisions of Chapter 623 of the Texas Transportation Code, as amended. (4) Any person operating or causing to be operated a motor vehicle on any street in the city limits of The Colony other than FM 423 or State Highway 121 under a valid permit for the operation of overweight or oversized equipment for the transportation of such commodities as cannot be reasonably dismantled or redistributed issued by the City of The Colony Engineering Department under the provisions of Subsection 19-14 (f) of the city Code of Ordinances. (f) Permit for excess axle or gross weight. (1) The Engineering Department may issue a permit that authorizes the operation of commercial motor vehicle, trailer, semi-trailer, or combination of those vehicles, or a truck-tractor or combination of a truck-trailer and one or more other vehicles: (i) At an axle weight that is not heavier than the weight equal to the maximum allowable axle weight for the vehicle or combination plus a tolerance allowance of 10 percent of that allowable weight; and (ii) At a gross weight that is not heavier than the weight equal to the maximum allowable gross weight for the vehicle or combination plus a tolerance allowance of five percent. (2) To qualify for a permit under this section: (i) The vehicle must meet the requirements specified in Section 19-14 (c)(1) through (5); and (ii) A permit fee of $75.00 must be paid. (3) A permit application shall be submitted to the Engineering Department on a form furnished by the department including the following information: (i) Owner's name, address and phone numbers; (ii) Make and model of vehicle, company number and state and license number; (iii) Commodity being transported; 3 64391 (iv) Gross weight and axle weights of the loaded vehicle; (v) Map ofproposedroute; (vi) Copy of general liability insurance; and (vii) Post a bond or letter of credit for an appropriate amount determined by City for damage to streets, bridges and culverts, naming City as payee. (4) A permit issued under this section: (i) Is valid for 90 days; (ii) Must be carried in the vehicle for which it is issued; (iii) Does not authorize the operation of a vehicle on the state highway system or national system of interstate and defense highways in this state or vehicles with a weight greater than authorized by state or federal law; and (iv) May not be transferred to another vehicle. (5) The liability of a holder of a permit issued under this Section, for damage to a city street, is not limited to the amount of the bond or letter of credit required for issuance of the permit. (6) The holder of a permit issued under this Section, who has filed the bond or letter of credit required for the permit and who has filed the notice required is liable to the city only for the actual damage to a city street, bridge, or culvert with a load limitation established under Subsection 19-14 (c) (6) caused by the operation of the vehicle in excess of the limitation. If the city requires the vehicle to travel over a designated route, it is presumed that the designated route, including a bridge or culvert on the route, is of sufficient strength and design to carry and withstand the weight of the vehicle traveling over the designated route." Section 2. That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, except for those instances where there are direct conflicts with the provisions of this Ordinance. That all ordinances of the City, or parts thereof, that are in conflict with the provisions of this Ordinance, are hereby repealed to the extent that they are inconsistent with this Ordinance. All other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3. All rights and remedies of the City of The Colony, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting weight limits and permitting for certain overweight vehicles which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance 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. 4 64391 Section 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Zoning Ordinance, as amended hereby, shall be deemed guilty 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 ($500.00) per day for each offense. Section 6. That this ordinance shall take effect 30 days from and after its passage and publication, as the law and charter in such cases provide. AND IT IS SO ORDAINED. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 3rd day of May, 2004. ~ty o~mo~oanY~r'- ATTEST: 'C'~ristie Wilson,-City Secretary l~obe~ H~r~/City Attorney (JJG/si/cdb 4~8/04) 5 64391