HomeMy WebLinkAboutO-2003-2618
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ORDINANCE NO. 2003- ~fJ /<;
AN ORDINANCE ESTABLISHING LANE USE RESTRICITIONS FOR TRUCKS
UPON A PORTION OF STATE HIGHWAY 225; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS
($200.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Council desires to establish lane use restrictions for
trucks upon a portion of State Highway 225 within the City pursuant to Section
545.0651 of the Texas Transportation Code; and
WHEREAS, a description of the restrictions established in this Ordinance
has been provided to the Texas Department of Transportation pursuant to
Section 545.0651 (d) of the Texas Transportation Code; and
WHEREAS, the Executive Director of the Texas Department of
Transportation or the Director's designee has, based upon traffic study and the
criteria established in Section 545.0651 of the Texas Transportation Code,
approved the restrictions established in this Ordinance; and
WHEREAS, the City Council finds that the interests of the health, safety,
and welfare of the public will be served by adopting the restrictions set forth in
this Ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEXAS:
Section 1. That the findings contained in the preamble of this Ordinance
are determined to be true and correct. As evidence thereof, documents
establishing the approval described in the Preamble of this Ordinance have been
incorporated into this Ordinance and made a part hereof as Exhibit A.
Section 2. That, as used in this Ordinance, the following terms shall have
the meanings ascribed in this Section:
Authorized lanes means the two controlled access lanes on each side of
the State Highway 225 (eastbound side and westbound side) that are
most immediately to the right of the left-hand (or inner) controlled access
lane.
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Designated portion of State Highway 225 means that portion of State
Highway 225 between the point at which the corporate limits of the cities
of Deer Park and La Porte abut on the West and the intersection of Sens
Road overpass on the East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 of the Texas
Transportation Code that has three or more axles or a "truck tractor" as
defined in Section 541.201 of the Texas Transportation Code, regardless
of whether the truck tractor is drawing another vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure
of City of La Porte offices excepted.
Section 3. Any person driving or operating a truck on the designated
portion of State Highway 225 during peak traffic hours on any workday shall not
utilize any controlled access lane other than the authorized lanes.
Section 4. That enforcement of this Ordinance is subject to Section
545.0651 of the Texas Transportation Code, and the prohibition established in
Section 3 of this Ordinance shall not be effective during any period of suspension
or revision of approval by the Executive Director of the Texas Department of
Transportation or the Director's designee as provided in Subsection (f) of Section
545.0651 or during any period when traffic control devices that are required to be
erected and maintained by the Texas Department of Transportation pursuant to
Section 545.0651 are not in place, nor shall the provisions of this Ordinance be
construed to prohibit operation of a truck in a lane other than an authorized lane
for the purpose of passing another vehicle or for the purpose of entering and
exiting the Highway.
The provisions established under Section 4 shall constitute defenses to
prosecution under this Ordinance.
Section 5. Any person, as provided in Subchapter D of Chapter 542 of
the Texas Transportation Code, who shall violate any provision of the ordinance,
shall be deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine not to exceed TWO HUNDRED DOLLARS ($200.00).
Section 6. If any provisions, section, subsection, sentence, clause, or
phrase of this Ordinance, of the application of same to any person or set of
circumstances is for any reason held to be unconstitutional, void or invalid, the
validity of the remaining portions of this Ordinance or their application to other
persons or sets of circumstances shall not be affected thereby, it being the intent
of the City Council in adopting this new Ordinance that no portion hereof or
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prOVISion or regulation contained herein shall become inoperative or fail by
reason of any constitutionality, voidness or invalidity of any other portion hereof,
and all provisions of this Ordinance are declared to be severable for that
purpose.
Section 7. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of
the City Council is posted at a place convenient to the public at the City Hall of
the city for the time required by law preceding this meeting, as required by the
Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 8. This Ordinance shall be effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper
of the City of La Porte at least twice within ten (10) days after the passage of this
ordinance.
Passed and Approved this~~day of March, 2003.
CITY OF LA PORTE
ATTEST:
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Ma ha Gillet, City Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Dale Requested: 03IZ4I03 lil4t.
Requested By: Riehard E. Rr.ff ..
Aoorooriation
Source of Funds:
Department:
Poli~e
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Letter from TxDOT
Amount Requested:
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On Februmy 20, 2002 the Mayor received a letter from the Texas Department of Transportation regarding a truck
lane restriction during peak hours for Hwy. 225. Mayor Brown of Houston had fonnally requested the lane
restriction and it required all the effected Cities to be in agreement regarding the establishment of truck lane
restrictions. TxDOT indicated that Hwy. 225 qualified for the establishment of truck lane restrictions authorized by
law.
On April I, 2002 a meeting was held with TxDOT that included Police representatives of all the Cities that would be
required to participate, Houston, Pasadena, Deer Park, and La Porte. A proposed ordinance fonnat and request letter
was developed to provide consistency. On the Council Agenda of 7/22/02 the proposed ordinance was presented to
the City Council.
On August 12, 2002 the City Council held a Public Hearing regarding the establishment of truck lane restrictions
during peak hours for portions of Hwy 225 within the city limits of La Porte (city limits at Deer PaIk to the Sens Rd.
overpass). The findings of this public hearing was forwarded to TxDOT. TxDOT conducted another Public
Hearing at their facilities in Houston and forwarded the results to their office in Austin for approval. A copy of the
proposed ordinance was forwarded for review.
On Februmy 26, 2003 Assistant City Manager, John Joerns received notification that TxDOT has detennined that
the proposed ordinances met all the criteria of 43 TAC 25.601(f). Upon all Cities passing their ordinances and
forwarding copies to the Houston TxDOT office, TxDOT will instaI1 the necessary signs.
Action Reauired bv Council:
Recommend the City Council pass the Truck Lane Restriction Ordinance, which places restrictions on truck lane
usage during peak hours of portions ofHwy 225 within the City limits.
s- /~ -03
Date
Debra Feazelle, City