Ord. 1026 09-10-01ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM
TIME TO TIME AMENDED, BY REPEALING THE OLD ARTICLE XVI,
TRUCK TRAFFIC, AND ADDING A NEW ARTICLE XVI, TRUCK TRAFFIC,
ESTABLISHING LOAD LIMITS ON STREETS WITHIN THE CITY,
ESTABLISHING PERMITS, ESTABLISHING TRUCK ROUTES, PROVIDING
FOR ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER
MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE,
A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland, Texas, deems it advisable
that load limits be placed upon streets within the City and that truck routes within the
City be designated to eliminate unnecessary wear and damage to the streets of the
City; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That Chapter 29 of the City Code of Ordinances is hereby amended by adding
a new Article XVI, which shall be entitled "Truck Traffic." Said Article XVI of
Chapter 29 and the Sections thereof shall read as follows:
"ARTICLE XVI
TRUCK TRAFFIC
Section 1. Load Limits.
(a) It shall be unlawful for any person to operate any commercial vehicle over, on,
or upon any public street or right-of-way in the City of Pearland, Texas, other
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ORDINANCE NO. 1026
than state-owned or maintained highways, which has a gross weight in excess
of one or more of the following limitations:
(1) The total gross weight for which the commercial vehicle is licensed with
the State of Texas; or
(2) Six hundred fifty pounds (650 lbs.) per inch width of tire upon any wheel
concentrated upon the surface of the roadway, up to twenty thousand
pounds (20,000 lbs.) per single axle, thirty-four thousand pounds
(34,000 lbs.) per tandem axle; or
(3) In no event shall the registered gross weight of any commercial vehicle
traveling on a road not designated as a truck route exceed 40,000
pounds, including all enforcement tolerances, in the absence of a permit
from the Chief of Police; or
(4) In no event shall the registered gross weight of any commercial vehicle
traveling on a City owned and maintained road that is designated as a
truck route exceed 60,000 pounds.
(b) It shall be unlawful to operate any commercial vehicle on any state highway
within the City of Pearland with a registered gross weight or axles weight in
excess of that allowed by state law for state highways outside the limits of
incorporated cities and towns.
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ORDINANCE NO. 1026
Section 2. Permits. The Chief of Police may issue a permit for the travel of
commercial vehicles over City streets or state highways within the City of Pearland
with loads in excess of the load limits provided in Section 1, but only when it is
impossible or impractical to reduce the weight of the load or use a vehicle capable of
hauling the load within the prescribed limit. Such permit shall be issued for only one
(1) day and for only one (1) trip by each vehicle. The Director of Public Works shall
determine the route of travel of said vehicle and the permit shall specify the date of
the trip, the license plate number of the vehicle, and the route of travel. A permit fee
in the amount of ten dollars ($10.00) for the issuance of such permit shall be paid to
the City Secretary by the applicant therefor, prior to issuance.
Section 3. Truck Routes. All commercial vehicles shall confine their travel
within the City of Pearland to the following streets or highways or parts thereof:
(a) State Highway 288, from north city limits to south city limits;
(b) State Highway 35 (Main Street), from north city limits to south city
limits;
(c) FM 518 (Broadway Street), from west city limits to east city limits;
(d) Mykawa Road, from FM 518 (Broadway Street) to north city limits;
(e) McHard Road, from State Highway 35 (Main Street) to Mykawa Road;
(f) FM 1128 (Manvel Road) from FM 518 (Broadway Street) to south city
limits;
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ORDINANCE NO. 1026
(g) FM 2234 (Shadow Creek Parkway) from State Highway 288 west to
FM 521 (Almeda Road);
(h) FM 865 (Cullen Road) from FM 518 (Broadway Street) to north city
limits.
Each of such commercial routes shall be clearly marked "Truck Route" at its
intersection with the city limits, at each intersection with other truck routes, and at
such other locations along its course as shall be deemed necessary by the Director of
Public Works to adequately designate it for commercial vehicle travel.
Section 4. Periods of Loading and Unloading. In the event that a commercial
vehicle completely or partially loads and/or unloads at a point which does not lie on a
designated truck route, the commercial vehicle may proceed to and from such points
of loading and/or unloading, providing that the commercial vehicle follows the shortest
route from a designated truck route to and from each point of loading or unloading or
otherwise as may be specified by the Director of Public Works.
Section 5. Exceptions. This Article shall not prohibit:
(a) Emergency Vehicles. The operation of emergency vehicles upon any street in
the City.
(b) City Vehicles. The operation of commercial vehicles owned or operated by the
City upon any street in the City.
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ORDINANCE NO. 1026
(c) Detoured Trucks. The operation of commercial vehicles upon detours
established by the Director of Public Works, provided such commercial vehicle
could lawfully be operated upon the street for which such detour is established.
(d) Local Operations. Any commercial vehicle traveling to and from its base of
operation or storage not located on a designated truck route, provided its base
of operation or storage is designated as a place of business on the tax rolls of
the City and was in operation prior to the passage of this Article or annexation
of said base of operation or storage into the City.
Section 6. Enforcement.
(a) The City Secretary shall keep and maintain accurate maps setting out truck
routes and streets upon which commercial vehicle traffic is permitted.
The maps shall be kept on file in the office of the City Secretary and shall be
made available to the public.
(b) The Chief of Police shall have the authority to require any person driving or in
control of any commercial vehicle to proceed to any municipal, public, or private
scale available for the purpose of weighing and determining whether this Article
has been complied with. Upon such weighing, if it is determined that the
commercial vehicle so weighed in excess of the load limit, then the cost of such
weighing shall be immediately due and payable by the operator of such
commercial vehicle and such commercial vehicle may be lawfully detained by
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ORDINANCE NO. 1026
the Police Department until such charge has been paid. In the event that the
weight of such commercial vehicle is not in excess of the load limit, any charges
for weighing under the terms of this Article shall be in addition to any fine
imposed for a violation of its provisions."
Section 7. Penalty. Any person who violates the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor
more than Two Hundred Dollars ($200.00).
Section 8. Declaration of Emergency. The Council finds and determines that
the need to decrease allowable truck weight and to update street names and truck
routes inures to the benefit of the traveling public and, therefore, bears directly upon
the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted
as an emergency measure, and that the rule requiring this Ordinance to be read on
two (2) separate occasions be, and the same is hereby waived.
Section 9. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 10. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
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ORDINANCE NO. 1026
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 11. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 12. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 13. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 27' day of August ,
A. D., 2001.
ATTEST:
7
TOM REID
MAYOR
ORDINANCE NO. 1026
PASSED and APPROVED ON SECOND AND FINAL READING this the 10' day
of September , A. D., 2001.
TTEST:
ITY SECRETARY
APPROVED AS TO FORM:
C AAL h' n�
DARRIN M. COKER
CITY ATTORNEY
8
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
SEPTEMBER 10, 2001)
Voting "Aye" - Councilmembers Tetens, Owens, Marcott,
Wilkins, and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: SEPTEMBER 12, 2001
EFFECTIVE DATE: SEPTEMBER 22, 2001
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
state of Texas
3alveston and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Galveston, Harris and Brazoria Counties, for % issues.;,:as,foilows:
No. / Date 9 /Z 20i. _
No. Date 20.
No. Date _ 20
No Date 20
No. Date 20
ubscribe and sworn to before me this
001
President
day of
:. LAURA A . EMMONS
n Nota pUblic , State of Texas
C fission •
2
mmons,Publisher
Notary Public, State of Texas
Atcin le, yj
Published Sept. 12, 2001
ORDINA NCE=JG.1026---
6 AN ORDINANCE OF THE I
CITY COUNCIL OF THE,
CITY OF_ PEARLAND,
TEXAS,: AMENDING 1
CHAPTER 29; TRAFFIC,
OF"' THE CITY OF
PEARLAND CODE OF
ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME,
TO TIME AMENDED, BY
REPEALING THE OLD
ARTICLE XVI, TRUCK
TRAFFIC, AND ADDING A
NEW ARTICLE XVI,'
i TRUCK TRAFFIC, ESTAB-'
'LISHING LOAD LIMITS ON
'STREETS WITHIN THE'
,CITY, . ESTABLISHING
PERMITS, ESTABLISHING
TRUCK ROUTES, PRO-
!VIDING FOR ENFORCE-:
MENT-AND PENALTIES,
;AND CONTAINING OTHER
'MATTERS RELATING TO
1THE SUBJECT; PROVID-'
ING A PENALTY FOR VIO-j
LATION; HAVING A SAV-'
ZINGS . CLAUSE; Aj
;REPEALER•CLAUSE, A!
SEVERABILITY CLAUSE;
PROVIDING FOR'CODIFI.1
ICATION, PUBLICATION;
LAND AN EFFECTIVE'
;DATE. ! .
Section 7: Penalty. Anyj
F person wlio violates the pro.;
visions of' this' section 'shall
Lbe -deemed guilty of a mis ,
demeanor and shall, upon',
conviction by. a court of
competent jurisdiction, be
' punished by a fine of .not
less than One Dollar ($1.00) ,
nor more than Two Hundred
j Dollars ($200.00).
PASSED and APPROVED
ON FIRST READING this
jthe- 27th day, of August,
;A.D., 2001. • -
/s/ Tom Reid -
Mayor
-
;ATTEST:
/s/,Young Lorfing
!City Secretary
r •
I PASSED and APPROVED-
ON SECOND AND FINAL
READING this the 10th day
1 of September, A.D., 2001: •
I /s/Torn Reid
ATTEST:
Is/Young Lorfing
City Secretary__._- _
LEGALSt
VOTING RECORD (SEC I
OND AND FINAL READING 1
'SEPTEMBER 10. 2001)- "--1
Veting "Aye" - Council -
members Tetens, Owens, I
Marcott, Wilkins, liand i
Seeger. I !
Voting "No"- None.
Motion passes 5 to 0.'
.
PUBLICATION DATE:
September 12, 2001 ` :l
EFFECTIVE DATE:
September 22,'2001
Published as required by
[Section 3.10 of the Charter
of the City of Pearland,
`Texas
II APPROVED AS TO FORM:
I is/ Damn M. Coker
City Attorney