HomeMy WebLinkAbout1899 01-25-2011ORDINANCE NO, 1899
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 82, "TRAFFIC AND MOTOR VEHICLES ",
BY ADDING A NEW ARTICLE ENTITLED "COMMERCIAL MOTOR
VEHICLE SAFETY STANDARDS," AND AMENDING CHAPTER 30,
"FEES ", BY ADDING A NEW SECTION OUTLINING COMMERCIAL
MOTOR VEHICLE PERMIT FEES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Euless, Texas (the "City Council ")
finds that overweight and oversize vehicles are known to damage City of Euless
property, including signs, poles, and signals near street edges due to oversize vehicles
and street surfaces due to weight; and
WHEREAS, the City Council has determined it is in the best interests, as well as
the public health, welfare and safety, of the citizens of the City of Euless that the City
regulate these matters under the City's police powers, and the negative effects of the
aforementioned damage be eliminated, to the extent possible.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I
THAT Chapter 82, "Traffic and Motor Vehicles ", of the Code of Ordinances of the
City of Euless, Texas is hereby amended by adding a new Article entitled "Commercial
Motor Vehicle Safety Standards" to read as follows:
ARTICLE Vl. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS.
SEC. 82 -130 VEHICLE RESTRICTIONS
(a) Except as otherwise provided in this Article, it shall be unlawful for any
person to drive, operate or move, or to cause or permit to be driven,
operated, or moved, on any public street within the city, any commercial
motor vehicle with or without load, contrary to any of the regulations
contained in this section.
(b) Commercial motor vehicles shall be subject to the vehicle size and weight
limitations and restrictions delineated in Chapter 621 of the Texas
Transportation Code and to the commercial motor vehicle safety
standards delineated in Chapter 644 of the Texas Transportation Code.
(c) No commercial motor vehicle, truck - tractor, trailer, semitrailer nor
combination of such vehicles shall be operated or caused to be operated
or permitted to be operated upon any public street within the city having a
weight in excess of any one or more of the following limitations:
(1) In no event shall the total gross weight, with load, of any vehicle or
combination of vehicles, exceed eighty thousand (80,000) pounds.
(2) No single axle shall carry a load in excess of twenty thousand
(20,000) pounds. A single axle weight shall be defined as the total
weight transmitted to the road by all wheels whose centers may be
included between two (2) parallel transverse vertical planes forty
(40) inches apart, extending across the full width of the vehicle.
(3) The total gross weight concentrated on the roadway surface from
any tandem axle group shall not exceed thirty -four thousand
(34,000) pounds for each such tandem axle group. Tandem axle
weight shall be defined as the total weight transmitted to the road
by two or more consecutive axles whose centers may be included
between two (2) parallel transverse vertical planes spaced more
than forty (40) inches and not more than ninety -six (96) inches
apart, extending across the full width of the vehicle.
(4) Vehicles used exclusively to transport ready -mix concrete may be
operated upon the public streets of the city with a tandem axle load
not to exceed forty -six thousand (46,000) pounds, a single axle
load not to exceed twenty -three thousand (23,000) pounds and a
gross load not to exceed sixty -nine thousand (69,000) pounds.
Before any vehicle used exclusively to transport ready -mixed
concrete with a tandem axle load in excess of thirty -four thousand
(34,000) pounds may be operated upon the public streets of the
city, the owner thereof shall file with the Police Department a surety
bond in the sum of fifteen thousand dollars ($15,000). Such bond
shall be conditioned that the owner of such vehicle will pay to the
city, within the limit of the bond, all damages done to the public
streets and roadways by reason of the operation of such vehicle
with a tandem axle load in excess of thirty -four thousand (34,000)
pounds.
Ordinance No, 1899, Page 2 of 7
(5) The tires shall not carry a weight heavier than the weight specified
and marked on the sidewall of the tire, unless the vehicle is being
operated under the terms of a special permit issued by the State of
Texas.
(d) The provisions of this section shall not apply to:
(1) Any person operating or causing to be operated a motor vehicle
under a valid and subsisting permit for the operation of overweight
or oversize equipment for the transportation of such commodities
as cannot be reasonably dismantled issued by the Texas
Department of Transportation or the city under the provisions of
Chapter 623 of the Texas Transportation Code.
(2) Emergency vehicles operating in response to any emergency call.
(3) Vehicles operated for the purpose of constructing or maintaining
any public utility or street in the city.
(4) A single motor vehicle used exclusively to transport recyclable
materials may be operated in accordance with Section 622.133 of
the Texas Transportation Code.
(5) Vehicles used exclusively to transport milk may be operated in
accordance with Section 622.031 of the Texas Transportation
Code.
(6) Vehicles operated on state highways in accordance with Section
623.071 of the Texas Transportation Code.
(e) The permits referred to in subparagraph (d)(1) of this section shall be
subject to the following:
(1) Upon written application timely made by any person who desires to
operate or cause to be operated on the public streets within the
city, overweight or oversize equipment for the transportation of
such commodities as cannot be reasonably dismantled, where the
total gross weight or size of the vehicle and its load exceed the
limits allowed by this section, the Police Department may issue a
permit for the operation of such equipment or fleets of equipment
for a specified period of time, over a route or routes to be
designated by the Police Department, if such routes can be
determined at the time application for the permit is made.
(2) The application for the permit provided for in this article shall be in
writing and contain the following:
Ordinance No. 1899, Page 3 of 7
(a)
(a) The kind of equipment to be operated, with a description of
same;
(b) The street or streets over which the equipment is to be
operated and the date or dates of the operation; and
(c) The application shall be signed by the applicant.
(3) Before a permit is issued under this article, the applicant for the
same shall file with the Police Department a bond in an amount to
be set and approved by the Police Department. The amount of
such bond shall not exceed the product of the number of vehicles
for which a permit is sought multiplied by fifteen thousand dollars
($15,000), which bond shall be payable to the City of Euless and
conditioned that the applicant will pay to the city the sum of money
necessary to repair any damage which might be occasioned to any
public street or publicly owned fixture appurtenant to such street by
virtue of operation of any commercial vehicle under such permit.
Venue of any suit for recovery upon the bond shall be in Tarrant
County and any bond issued hereunder shall contain an
unambiguous contractual provision to that effect.
(4) A fee shall be charged for each permitted vehicle as outlined in
Chapter 30, "Fees ", of the Code of Ordinances of the City of
Euless.
(5) Any permit issued hereunder shall include at least the following:
(a) The name of the applicant, the date or dates of the
operation, and a description of the equipment to be
operated;
(b) The signature of an authorized member of the Police
Department;
(c) The dates for which the permit is issued; and
(d) The specified street or streets over which the equipment is to
be operated.
SEC. 82-131 OFFENSES
It shall be unlawful for any person to operate or permit to be operated or
aid in the operation of a vehicle on the public streets of the city in violation
Ordinance No. 1899, Page 4 of 7
of this article. The appropriate officers of the Police Department are
empowered to enforce the provisions of this article.
(b) It shall be unlawful for any person to load, or cause to be loaded, a vehicle
for operation on the public streets of the city with the intent to violate the
weight limitations established in this article. Intent to violate such
limitations is presumed if the loaded vehicle exceeds the applicable gross
vehicular weight limit by fifteen (15) percent or more_
SEC. 82 -132 ENFORCEMENT OF VIOLATIONS BY CITY; FINE
Any police officer certified as a commercial motor vehicle inspector having
reason to believe that the gross weight, vehicle tire load limit, or axle load of a loaded
motor vehicle is unlawful, is authorized to weigh the same by means of a portable or
stationary scales, and to require that such vehicle be driven to the nearest available
scales for the purpose of weighing. If a vehicle is found to be in violation of the weight
limits set out in this article, the driver of the vehicle may be issued a citation. An offense
under this article is punishable by a fine not to exceed the maximum amount set by
Federal and State law.
SECTION 2. PERMIT FEES
THAT Chapter 30, "Fees ", of the Code of Ordinances of the City of Euless,
Texas is hereby amended by adding a Section entitled "Commercial Motor Vehicle
Permit Fees" to read as follows:
SECTION 30 -47. COMMERCIAL MOTOR VEHICLE PERMIT FEES.
(a) Overweight load, single -trip permit only: $60.00
(b) Oversize load:
1. Single -trip: $60.00
2. Not to exceed 30 days: $120.00
3. Not to exceed 60 days: $180.00
4. Not to exceed 90 days: $240.00
5. Not to exceed 365 days: $270.00
SECTION 3. CUMULATIVE
This Ordinance shall be cumulative of all provisions of the City Code and other
ordinances of the City of Euless, Texas, except where the provisions of this ordinance
Ordinance No. 1899, Page 5 of 7
are in direct conflict with the provisions of other ordinances, in which event the
conflicting provisions of the other ordinances are hereby repealed.
SECTION 4. SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect the remaining phrases, clauses, sentences,
paragraphs, and sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of the unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 5. SAVINGS
All rights and remedies of the City of Euless are expressly saved as to any and
all violations of the provisions of the City Code or any other ordinances regulating
vehicles that have accrued 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.
I 191Z 11-1111111:14 1! F-iX111119d
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 7. PUBLICATION
The City Secretary of the City of Euless is hereby directed to publish in the
official newspaper of the City of Euless, as required by Section 12 of Article II of the
Charter of the City of Euless.
SECTION 8. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
Ordinance No. 1899, Page 6 of 7
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 25th day of January 2011, by a vote of 7
ayes, o nays and o abstentions.
APPROVED:
f�
Mary Lib Sefleh
Mayor
ATTEST:
Susan Crim, MC
City Secretary
Ordinance No. 1899, Pnge 7 of 7
APPROVED AS TO FORM:
cJl o�—
Wayne K. Olson
City Attorney
INVOICE
Star-Telegram Customer ID: CITO9
400 W. 7TH STREET Invoice Number: 314138301
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 1/29/2011
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 1/31/2011
Bill To: PO Number:
CITY OF EULESS ACCOUNTS PAYABL
—2D1 N FCTOR DR Order Number: 31413830
EULESS, TX 76039-3543 Sales Rep: 073
Description: CITY OF EULESS 0
Attn: ACCOUNTS .PAYABLE Publication Dates: 1/28/2011 - 1/29/2011
Not 1 K.." iitaa+ _ ' r i 9 • a i it ,T: I ,K. , ., �. tt t
CITY OF EULESS
AN ORDINANCE AMENDING THE
CITY OI ORDINANCE NO.1899 40. 1 I3580 1 51 51 LINE $3.08 $314.06
CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 82,
Sales Di: CLER58FFBY ADDING A NEW ($290.46)
ARTI-
CLE ENTITLED 3COMMERCIAL
Misc Fee DARDS•b VEHICLE
ND AMENDING CHAP- $10.00
TER 3a 3FEES6 BY ADDING A
NEW SECTION OUTLINING COM-
MERCIAL MOTOR VEHICLE PERMIT
FEES; PROVIDING THAT THIS
SHALL BE CUMULA-
TIVE OF ALL ORDINANCES; PRO- Net Amount: $33.60
VIDING A SEVERABILITY CLAUSE; ,
PROVIDING FOR A PENALTY FOR•
VIOLATIONS PROVIDING A SAV- >>>t�11UI1111//
INGS CLAUSE; PROVIDING FOR ��� 1j/,
PUBLICATION IN THE OFFICIAL ��� �s.( L.•Hoy
NEWSPAPER;AND PROVIDING AN
EFFECTIVE DATE. "l ii Q�••••�Y P(� �
PENALTY: An person, firm or 1 ;As e<,••;24
corporation who violates,disobeys, T)' ,. t/�/ ( c i 0
omits,neglects or refuses to comply Ft .-
with or who resists the enforce- , 1/] r,, _
ment of any of the provisions of �` t: 7.--*. ct j. \ $? •
this Ordinance shall be fined not f�F v 1- ;
more than Five Hundred Dollars , E OF
($500.00) for each offense. Each 9 EXPIRES
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THE S' day that a violation is permitted n, -
COUnty to exist shall constitute a separate '��i�/�''-i_31 -`Z
EFFECTIVE DATE. This ordinance 1III11111%% ��
shall be in full force and effect
Before
from and after its passage as said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for
the Sta provided by the Euless City Charter tar-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the and the laws of the State of Texas.
PRESENTED AND APPROVED ON Isement was published i the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)2 -FIRST AND FINAL READING at a
regular meeting of the Euless City 2 �
Council on the 25th day of January
�
2011,by a vote of 7 ayes,0 nays, Signed JJ
and 0 abstentions.
APPROVED:
SUBSC /s/Mme,Lib Saleh,Mayor 'ORE ME,THIS Monday,Janua, , r 11.
ATTEST:s/Ssan Crim,TRMC,City Secretary ,
APPROVED AS TO FORM: Notary Public ` .«<., / • L _//
/s/Wayne K Olson,City Attorney
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CITO9
P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN
FORT WORTH, TX 76101-2051 Invoice Number: 314138301
Invoice Amount: $33.60
PO Number:
Amount Enclosed: $ 3 3. 60 j