2002-08-12 Regular Meeting, Public Hearing and Workshop Meeting

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e e (e) Route allalysis alld ordillallce formulatioll. A municipality intending to establish an ordinance that restricts through traffic by class of vehicle to designated lanes shall fully comply with all of the standards and factors listed in Transportation Code, ~545.0651. Those standards and factors require an ordinance to: (1) apply only to a highway as defined in Transportation Code, *545.0651, and this subchapter; (2) be in effect only during peak traffic hours of a workday; (3) allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter or exit the highway; and (4) designate lane restrictions, to the greatest extent practicable, on the same lanes as a contiguous municipality when the lane restrictions end at the municipality's incorporated boundaries. (d) Local public hearillg. A municipality shall hold at least one public hearing on any proposed ordinance that restricts through traffic by class of vehicle to designated hmes. A city council meeting that conforms with all applicable state laws governing public meetings, including the Texas Open Meetings Act, Government Code, Chapter 551 ,and which allows the public to comment on the proposed ordinance at the meeting will satisfy the requirements of this subsection. Public notification of the hearing shall contain a complete description of the proposed restriction, including the location, route numbers, and beginning and ending points of the restriction. (e) Proposal submissio1l. A municipality that has drafted a proposed ordinance that restricts through traffic by class of vehicle to designated lanes, and has conducted a public hearing in compliance with subsection (d) of this section, shall submit six copies of the proposed ordin~nce to the department for approval. The proposal shall be submitted to the local district office of the department. and shall include: (1) documentation demonstrating compliance with Transportation Code, ~545.0651, and this subchaptet'; (2) two original plan views of the roadway and a complete description of the proposed restriction; , (3) a signature of apPl'Oval by an authorized official of the municipality such as the mayor, city manager, or an c'luivalcntlevel of authority; and (4) a written transcript of any public comments received conccming thc pt'oposcd ordinance. (I') Proposal reJ,icw. The department, when reviewing a proposed ordinance and evaluating thc impact of a proposed restriction, shull comply with the requirements of Tnlllsportation Code, *545.0651, and this subchaptcr. The department :;hall also ensure a systems approach in order to preclude Ihe designation of inconsistent lane restJictions among udjacent municipalities. To be approved, a proposed restriction is subject to the following requirements and restrictions: (1) A proposed ordinance must be in cireet only during peak traffic hours of a workday. (2) Thc ordinunce must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway. (3) The department will conduct a traftic study to evaluate the impuet of the proposed restriction. Any restriction must not increase the eX,isting level of congestion as detennined by lJighway capacity analysis. (4) Contiguous municipalities must consult each other when desig~lating restrictions that end C\t a municipality's incorporated boundaries. To the greatest extent practicuble. all lane restrictions shall be designated on the same lanes in each municipality. (g) Public illv(JIJ'ement. The department shall provide the public with notice of a proposed ordinance by publishing a notice in the Texas Register. The notice will provide a complete description of the proposed restriction, shall infonn the public of a 3D-day public comment period. and shall inform the public where to send any written commcnts conccming the restric- tion. Except as provided in subsection (h) of this section. if the comments received WaIT"dnt further public consideration, the depaJ1ment may conduct a public hearing to receive additional comments on the proposed ordinance. If a public hear- ing is to be conductcd. the dcpartment will publish appropriate notice in the Texas Register at least 10 days prior to the date of the hearing, Public hearings under this subsection shall be hcld in the local district office. (11) Public hearillg illvoMllg multiple prlJposaL... If contiguous municipalities each submit proposed ordinances con- taining lane restrictions that apply to the same highway route, thc department shall hold at least one public hearing on the proposed ordinances. The requirements of subsection (g) of this section relating to public notice, location. and con- duct of the hearing shall apply to a public hearing under this subsection. 2