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Home My WebLink AboutADDITIONAL TRUCK ROUTES REQUEST BY OAKLAND L AND D_UNKNOWNRECEIVED MAY 2 4 2013 OAKLAND LAND & DEVELOPMENT, LLC CITY MANAGER'S MISSISSIPPI LAND CO., INC. OFFICE P.O. BOX 952 NATCHEZ, MS 39121-0952 601-442-6648 May 23, 2013 Traci E. Leach Assistant City Manager City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 Re: Proposed Sector 23 Development Dear Traci, Please accept this letter as our request to have a portion of South 14th Street located between West E street and West F Street and the section of West F Street located between South 16th Street and South 14th Street designated as a truck route. Currently Oakland Land.& Development, LLC (Oakland) and Mississippi Land Co., Inc. (ML,C) own all of the lots located in Block 826, 830 and 794 and 1/2 of the lots located in Block 793, 828, 829 and 827, including some portions of the streets and alleys that have previously been closed. It is our intention to develop these tracts into light industrial office/warehouse buildings to include hardened yard surfaces that could be used for storage and other truck related activities. As these developments will normally be custom to fit our clients immediate needs, the details for development of all lots and blocks are not complete and will in large part depend on the outcome of this request. That being said, we are currently working on the following projects in the Sector 23 area. 1) A proposed site plan for Block 826 that will include a minimum 5000 sq. ft. office/warehouse facility with the remainder of the Section to be developed as a hardened yard with fencing and lighting, very similar to the hardening project we just completed at 1801 M Street. 2) Block 830 is currently being cleared and filled for a build to suit client. Details for this development are still in negotiation and a site plan will be submitted when available. 3) The construction of a new roadway along South 14th Street from West F Street through West E Street, being the portion of South 14th Street we are including in this request. This would allow the construction of private roadways that would provide ingress and egress to our property located in Block 794 and 793 from the South and Block 827 and 828 from the North. The designation of the requested portions of West F Street and South 14th Street as a truck route are of extreme importance to our continued development of this property. With the city's closure of West E Street through South 15th Street and with the potential closure of a portion of West D Street, ingress and egress to all of our property will effectively be limited to these portions of West F Street and South 14th Street. Without truck access over these streets, our development of this property under its current Light Industrial classification will be severely limited and could stall our development of this area for a unknown and lengthy period of time. We appreciate your consideration of this request. We feel that it will be of significant economic benefit to our company and the City of La Porte. Sincerely, E STREET E STREET I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 14 T11 I 16 TH I I I I 15 TH I I I II STREET STREET I I I I STREET NDE 6--- -- 0 FEET F STREET F STREET IT Print Page 1 of 1 From: Leach, Traci (LeachT@laportetx.gov) To: bellex@bellsouth.net; alward57@gmail.com; Date: Mon, May 13, 2013 2:22:59 PM Cc: TietjensT@laportetx.gov; AlexanderC@laportetx.gov; MalikM@laportetx.gov; LivingstonS@aportetx.gov; Subject: Truck Route Designation Good afternoon Alton and Al: Corby and I met with Tim on Friday afternoon to discuss the process for the truck route designation. It appears that from a procedural standpoint, we don't need a ton of information from you. However, we will need just a little bit from you to get the ball rolling: 1. Letter from you stating your intent for developing the property/properties and requesting that F St and 14 St be designated as a truck route. In this letter, I would recommend that you state priorities for the designation (ie- if it came to designating only one of the 2 streets, which one would most assist with developing the property); 2. Identify the specifically what the limits along F St and 14 St you would like designated as a truck route; 3. Drawing illustrating proposed development and layout in relation to the streets requested for truck route designation. This does not need to be final engineered plans. Instead, we would require a sketch plan and layout showing generally the proposed layout of the property. Of particular interest to this discussion will be the ingress and egress to show how you would like to utilize and incorporate 14th and F St into the operation if it were to be developed as a truck terminal. Based on what I have seen at the meetings we have held in the last few weeks, you probably already have in hand what would be required. If you have specific questions about the level of detail, please touch base with Masood. Timeline: We are currently working under the belief that this would require a formal public hearing. As such, the deadline for that publication to make the paper is May 30, which means we need your documents to us no later than May 24. Thanks for your attention to this. We can begin working on a revised draft of the agreement once we know resolution to this issue. Let us know if you have any questions. Traci E. Leach Assistant City Manager, City of La Porte 281-470-5012 office 281-813-6094 mobile leacht@laportetx.gov "The City of La Porte embraces our heritage community values and opportunities while enhancing the quality of life for our citizens" http://us.mg205.mail.yahoo.conVdc/launch?rand=2045886279 5/21/2013 Print Page I of 1 From: Leach, Traci (LeachT@laportetx.gov) To: bellex@bellsouth.net; alward57@gmail.com; Date: Mon, May 13, 2013 2:22:59 PM Cc: TietjensT@laportetx.gov; AlexanderC@laportetx.gov; MalikM@laportetx.gov; LivingstonS@Iaportetx.gov; Subject: Truck Route Designation Good afternoon Alton and Al: Corby and I met with Tim on Friday afternoon to discuss the process for the truck route designation. It appears that from a procedural standpoint, we don't need a ton of information from you. However, we will need just a little bit from you to get the ball rolling: 1. Letter from you stating your intent for developing the property/properties and requesting that F St and 14 St be designated as a truck route. In this letter, I would recommend that you state priorities for the designation (ie- if it came to designating only one of the 2 streets, which one would most assist with developing the property); 2. Identify the specifically what the limits along F St and 14 St you would like designated as a truck route; 3. Drawing illustrating proposed development and layout in relation to the streets requested for truck route designation. This does not need to be final engineered plans. Instead, we would require a sketch plan and layout showing generally the proposed layout of the property. Of particular interest to this discussion will be the ingress and egress to show how you would like to utilize and incorporate 14th and F St into the operation if it were to be developed as a truck terminal. Based on what I have seen at the meetings we have held in the last few weeks, you probably already have in hand what would be required. If you have specific questions about the level of detail, please touch base with Masood. Timeline: We are currently working under the belief that this would require a formal public hearing. As such, the deadline for that publication to make the paper is May 30, which means we need your documents to us no later than May 24. Thanks for your attention to this. We can begin working on a revised draft of the agreement once we know resolution to this issue. Let us know if you have any questions. Traci E. Leach Assistant City Manager, City of La Porte 281-470-5012 office 281-813-6094 mobile leacht@laportetx.gov "The City of La Porte embraces our heritage, community values and opportunities, while enhancing the quality of life for our citizens" http://us.mg205.maii.yahoo.com/dcAaunch?rand=2045886279 5/21 /2013 Malik, Masood From: Tietjens, Tim Sent: Friday, May 10, 2013 2:37 PM To: Garza, Julian; Malik, Masood Subject: street design I have discovered that we will be getting a request to add F and 1416 to the truck routes. If it comes through in the next two weeks, we will need to get it to the June P&Z and July CC with appropriate public hearings. I would like to get your opinion about the adequacy of our road specs for truck travel (vehicles up to 80k Ibs). Would a six inch concrete roadway hold up with 18 wheeler traffic if it's only an access street and not a major thoroughfare or collector? Tim Tietjens Director of Planning City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Email Address: tietienstCdlagortetx.gov Office phone: 281470 5056 "The City of La Porte embraces our heritage, community values, and opportunities, while enhancing the quality of life for our citizens" 1*1 Staff Report Truck Routes Workshop Background: March 17, 2011 After request by an industrial property owner near 16`h Street, the City Manager directed staff to conduct a review of the existing truck routes and Official Truck Routes Map of the City with additional truck routes. In January of 2009, staff worked with the Planning and Zoning Commission and amended the ordinances governing the trucking facilities, terminals/yards, and specifically truck routes within the City limits of La Porte. Analysis: Truck routes are defined as those routes which are designated for the use of truck traffic. The truck route map was first adopted per Ordinance No. 1364 dated May 04, 1983. Subsequent revisions were made to add new truck routes and hazardous cargo routes in April 1997. Latest revision to the truck route map was made in February 2010. The streets and thoroughfares designated as truck routes within the City limits are listed in Sections 70- 231 and 70-235 of the Code of Ordinances. Since the recent developments in the La Porte area particularly business/industrial parks, e.g. Port Crossing, Underwood Business Park, and influence of the Bayport Expansion & possible Cruise Terminal, trucking activities are projected to increase. A list of recently designated truck routes is as follow: 1. Export Drive — from South 161h Street to State Highway 146 2. South 16" Street — from south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. 3. North Broadway — from north of Barbour's Cut Blvd. to North `L' Street. 4. North `L' Street — from west of North Broadway to North 81h Street. 5. North 8`h Street — from North `L' Street to North `J' Street connecting with State Highway 146. 6. North 8`h Street - from Barbour's Cut Boulevard to North `H' Street with future extension to North `J' Street. 7. North `E' Street — from North 16`h Street to UPRR right-of-way line. 8. North 81h Street — Barbour's Cut Boulevard to a point 300 feet north of the north right-of-way line of Barbour's Cut Boulevard. The Commission should consider if the present revisions approved by City Council adequately address the needs of La Porte. Oriain/Destination Clause • In cases where any truck traffic, originating within the City limits, shall have as its point of origin a point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. • If such truck traffic shall originate outside the limits of the City and enter the City at a point which is not on a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. Trucks are already using these roads in similar fashion. However, truck terminals are permitted when abutting designated truck routes. Possible addition of truck routes could be east and west portion of streets along 161h Street running north and south of Fairmont Parkway. This area is mixed use development i.e. PPG, Highway Transport Inc. terminal, Industrial employment and training centers, single-family residential, church, and other commercial uses. In addition, it is adjacent to our major commercial corridor such as Kroger shopping center along Fairmont Parkway. Sector 23 Planning Area and linear park/detention along F-216 are also proposed for this area. Fairmont Parkway Improvement between State Highway 146 and UPRR is currently under way. Intent of this project is to improve flow of truck traffic and provide much needed relief to motorists entering shopping centers at this major intersection. South 16`h Street with 60'wide right-of-way is a County maintained and designated truck route (see truck route map). Streets under consideration are local with 60' right-of-way and may not handle heavy loads. An Official City Street Map is attached for convenience. At the Commission's review the above analysis and provide staff with further directions. Commission may elect to direct staff to develop recommendation in this regard. Action by the Commission I. Discuss the issues 2. The Commission may elect to: ➢ Direct Staff to develop a recommendation ➢ Arrange a public hearing by next meeting ➢ Make a Recommendation to City Council at conclusion of a public hearing. January 05, 2009 Honorable Mayor Alton Porter and City Council City of La Porte Re: Truck Routes Dear Mayor Porter and Council: At the December 18, 2008 meeting, the Planning and Zoning Commission considered amendment to the Zoning Ordinance (Chapter 106) pertaining to the location of trucking terminals within the City of La Porte. During deliberation on the item pertaining to trucking terminals and discussion of truck routes, the Planning and Zoning Commission suggested review of Traffic and Vehicle Ordinance (Chapter 70), enforced by the Police Department. City Council is charged to make amendments to this Chapter and the Commission offers the following: • Spencer Highway from the west of Bay Area Boulevard may be discontinued as an authorized truck route within the City of La Porte. • Local streets when designated as truck routes should be upgraded to the City's standard specifications by the owners/operators of the trucking terminals. Respectfully Submitted, Hal Lawler Chairman, Planning and Zoning Commission c: Ron Bottoms, City Manager John Joerns, Assistant City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( PLANNING AND ZONING COMMISSION AGENDA NOTICE IS HEREBY GIVEN OF A REGULAR MEETING AND PUBLIC HEARINGS OF THE LA PORTE PLANNING AND ZONING COMMISSION TO BE HELD ON DECEMBER 18, 2008, AT 5:00 P.M. AT CITY HALL COUNCIL CHAMBERS, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: I. CALL TO ORDER 2. CONSIDER APPROVAL OF NOVEMBER 20, 2008, MEETING MINUTES 3. CONSIDER 3iD ONE-YEAR EXTENSION REQUEST FOR SPECIAL CONDITIONAL USE PERMIT #SCU05-008 FOR THE PRESERVE AT TAYLOR BAYOU. 4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R08-004 FOR 0.5732 ACRE OF LAND LOCATED ALONG NORTH 7.. STREET, FURTHER DESCRIBED AS LOTS 25 THRU 32, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, DECKER MCKIM ON BEHALF OF PRESTON COPELAND (OWNER), SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (GC). A. STAFF PRESENTATION B. PROPONENTS C. OPPONENTS 5. CLOSE PUBLIC HEARING. 6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #RO8-004. 7. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-835, PERTAINING TO OFF-STREET PARKING SPACE SIZES. A. STAFF PRESENTATION B. PROPONENTS C. OPPONENTS 8. CLOSE PUBLIC HEARING. 9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING A PROPOSED AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-835, PERTAINING TO OFF-STREET PARKING SPACE SIZES. 10. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-521, TABLE A, "INDUSTRIAL USES", REGARDING TRUCKING TERMINALS IN LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS WHEN LOCATED ON AUTHORIZED TRUCK ROUTES WITHIN THE CITY LIMITS OF LA PORTE. A. STAFF PRESENTATION B. PROPONENTS C. OPPONENTS Planning and Zoning Commission December 18, 2008 Page 2 of 2 IL CLOSE PUBLIC HEARING. 12. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING A PROPOSED AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-521, TABLE A, "INDUSTRIAL USES", REGARDING TRUCKING TERMINALS IN LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS WHEN LOCATED ON AUTHORIZED TRUCK ROUTES WITHIN THE CITY LIMITS OF LA PORTE. 13. ADMINISTRATIVE REPORTS 14. COMMISSION COMMENTS A. MATTERS APPEARING ON AGENDA B. INQUIRY OF STAFF REQUIRING A STATEMENT OF SPECIFIC FACTUAL INFORMATION OR A RECITATION OF EXISTING POLICY 15. ADJOURN A QUORUM OF CITY COUNCIL MEMBERS MAYBE PRESENT AND PARTICIPATE IN DISCUSSIONS DURING THIS MEETING. HOWEVER, NO ACTION WILL BE TAKEN BYCOUNCIL. THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TOO LIVE 281-471-5030. FOR FURTHER INFORMATION. Martha A. Gillett, TRMC, CIVIC City Secretary Date posted Out ofconsideration for all attendees of the meeting, please turn off all cell phones and pagers, or place on inaudible signal. Thank you for your consideration. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2009 Requested By: Tim Tietiens Department: Plannine Report: _Resolution: _Ordinance:_X_ Exhibits: Ordinance 1501 amendment Amendments to Articles V & VI, Chapter 70 Truck Terminals & Container Yards Map Proposed Truck Route Map Aooronriation Source of Funds: NA Account Number: NA Amount Budgeted: NA SUMMARY City Council directed staff to conduct a review of the existing provisions of Chapter 106 (Zoning) regarding trucking terminals and truck routes within the City limits of LaPorte. At the October 2007, La Porte Citizens Advisory Council meeting, staff gave a presentation on current projects and plans to improve truck transportation and safety. Staff highlighted areas of concern about the language contained in the ordinances governing trucking facilities, terminals/yards, and specifically truck routes. Regulations such as location of truck terminals and truck routes are delineated in the Traffic and Vehicles Ordinance (Chapter 70 of the Code of Ordinances) enforced by the Police Department. Changes proposed for Chapter 70 should better define and correlate the provisions of the Zoning Ordinance (Chapter 106) for suitable placement of trucking facilities by restricting them to locations directly adjacent to the right-of-way of the designated truck routes. After a workshop on November 20`', the Planning and Zoning Commission on December 18, 2008, conducted a public hearing and received citizen input on proposed changes pertaining to the development of trucking facilities within the City. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve an amendment to the Code of Ordinances related to trucking terminals. The Commission also supports the proposed changes to Chapter 70, with a recommended adjustment to the truck route. Action Required by Council: 1. Conduct a Public Hearing 2. Consider Planning and Zoning Commission recommendation to approve an ordinance amending Chapter 106 (Zoning) Section 106-521, Table A, Industrial Uses, Add footnote `J' pertaining to location of trucking terminals adjacent to the right-of-way of authorized truck routes. 3. Consider Staffs recommendation to amend Article V&VI of Chapter 70 and approve ordinance. Approved for City Council Agenda Ron Bottoms, City Manager Date ARTICLE V. STOPPING, STANDING AND PARKING* *State law references: See Vernon's Ann. Civ. St. art. 6701d, § 27(a)(1), for authority of city to regulate standing and parking of vehicles. See. 70-176. Designation and marking of parking stalls and areas where parking is prohibited or limited. (a) The director of public works shall cause parking stalls to be maintained and marked off in and on such streets and parts of such streets as he may designate from time to time, and he shall likewise cause spaces in which parking is prohibited to be maintained and marked off in and on such streets and parts of such streets. The director of public works shall cause time limit parking areas to be maintained and marked off in and on such parts of streets as he may designate from time to time. All such spaces or areas shall be clearly indicated by appropriate signs or by markings on the pavement or curb. (b) In areas designated as time limit parking areas, parking may be limited to any period prescribed by the chief of police, the time limits to be designated with clearly distinguished markings or signs at both ends of the time limit area and at reasonable intervals between the beginning and ending of such time limit area, indicating the time allowed for parking in such area. (c) Any prohibition of or time limit on parking established under this section shall apply on such days and between such hours as prescribed by the signs. (Code 1970, § 25-61) Sec. 70-177. Parking in prohibited areas; overtime parking. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name or owned or operated by him or in his possession or under his control to be or remain in any space or area in which parking is prohibited as provided in section 70-176, or in a time limit parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible. (Code 1970, § 25-62) Sec. 70-178. Parking for more than 24 hours. It shall be unlawful for any person or any owner to knowingly leave standing in any public street, alley or other public place in the city any vehicle for a longer continuous period of time than 24 hours. (Code 1970, § 25-63) Sec. 70-179. Parking time limit for trailers, semitrailers and other types of trailers. It shall be unlawful for any person to knowingly leave, stand or park a trailer, semitrailer, pole trailer, ranch trailer, boat, house trailer, utility trailer or truck tractor, either attached or unattached to a motor vehicle, in a moving lane of traffic for any period of time. It shall be unlawful for any person to knowingly leave, stand or park said vehicle at any location alone the truck route for any period of time, except at locations authorized to accommodate truck narking. The vehicle must only enter and exit the parking location via the truck route. In addition, it shall be unlawful for any said vehicle to be parked at a location off the truck route for any period of time with the exception of the point of origin and point of destination as described under the provisions of Section 70-233-i+r-any Elie alley, � a right f other publ:e place n «tie City fer pc`vrtcScia.c ,r-amc ,��'��p'ro=fccri-6m-vr=iia.j , or on�c. �,...,.... �........:....... ....� _.,. peried of time i exeess of few r du httime hews. Trucks bearing a hears, a emu. department of transportation (DOT) placard shall not be parked on any street for a period of time in excess of one hour. A placard vehicle shall not be parked within 2,000 feet of a school campus. (Code 1970, § 25-64; Ord. No. 1792, §1(25--64), 10-28-91; Ord. No. 97-2172, § 1, 4-14- 97; Ord. No. 97-2172-A, § 2, 5-10-04) Sec. 70-180. Parking on private property without consent. It shall be unlawful for any person or any owner to knowingly abandon or leave standing on any private property, without the consent of the owner of such private property, any vehicle for any period of time. In addition, off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers semitrailers shipping containers trailers trucks or truck tractors. Boats or recreational vehicles and light trucks are not subject to the restrictions imposed by this section. (Code 1970, § 25-65) Sec. 70-181. Parking manufactured homes on streets or in public parks. It shall be unlawful for any person to knowingly park, place or locate any recreational vehicle or manufactured home upon any public street, public park, alley, unimproved right-of-way, or other public place within the city limits for a period of more than four hours. Such recreational vehicles or manufactured homes shall be parked parallel to the right side curb, completely clear of driving lanes or areas of such street or park, and facing the direction which traffic shall be designated to travel on such side of such street or in such driving area. (Code 1970, § 14-3; Ord. No. 97-2172-A, § 3, 5-10-04) Cross references: Mobile homes and mobile home parks, ch. 98. Sec. 70-182. Presumed operator of parked vehicles. In a prosecution for an offense prohibited under V.T.C.A. Transportation Code Ch. 545, subch. G, and relating to the stopping, standing and parking of unattended motor vehicles, it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. (Ord. No. 2006-2949, § 1, 12-11-06) State law references: Authority of city to create presumption as to operator of parked car established by state law, V.T.C.A., Transportation Code § 545.308. Secs. 70-183--70-210. Reserved. ARTICLE VI. TRUCK ROUTES AND GROSS WEIGHT LIMITS* *Cross references: Streets, sidewalks and other public places, ch. 62. DIVISION 1. GENERALLY Sec.70-211. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat means a watercraft not more than 25 feet in length, measured from end to end, over the deck, excluding shear, and manufactured or used primarily for noncommercial use. For purposes of this article only, the term "boat" shall also include the trailer designed and used for the transportation of the boat over the public streets and highways. Commercial motor vehicle means any motor vehicle other than a motorcycle, designed or used for the transportation of property, including certain eYef), vehicles used for delivery purposes. Daytime means one-half hour before sunrise to one-half hour after sunset. Gross weight means the weight of a vehicle without load, plus the weight of any load thereon. Hazardous material means any material that requires a federal department of transportation placard to be transported pursuant to 49 CFR 177.823, as adopted in state law. Heavy truck: means a truck with a gross vehicle weight is more than, or equal to 33,000 lbs. The gross vehicle weight is the weight of the empty vehicle plus the maximum anticipated weight. House trailer means a recreational vehicle, trailer or semitrailer, which is designed, constructed and equipped as a temporary dwelling place, living abode or sleeping place, and is equipped for use as a conveyance on streets and highways. Legitimate repair facility means a commercial facility operated principally for the repair of motor vehicles. Light truck means any truck with a limited manufacturer's rated carrying capacity. This definition is intended to include those trucks commonly known as one -ton trucks, pickup trucks, panel delivery trucks and carryall trucks. Nighttime means any time period other than daytime. Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Ranch trailer means a vehicle, with or without motive power, other than a pole trailer, designed for carrying livestock, ranch implements or other moveable personal property attendant to the business and recreational use of the raising of livestock or crops. Semitrailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Shipping containers means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. Shipping containers storage yards means a facility for the storage, handling and repair of shipping containers. Trailer mean every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck means any motor vehicle designed, used or maintained primarily for transportation of commodities preperty. Truck routes means those routes which are designated by this article for the use of truck traffic. Truck terminal means a commercial facility operated principally for the loading, unloading, storage, handling, maintenance or repair of trucks, truck tractors, trailers, semitrailers, pole trailers, ranch trailers, shipping containers or similar commercial motor vehicles capable of transporting freight. Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Truck traffic means the operation of any combination of a truck tractor, trailer, semitrailer, pole trailer, shipping container or a commercial motor vehicle, but not including light trucks, boats, house trailers, ranch trailers and utility trailers. Utility trailer means a trailer without motive power, less than 25 feet in length. (Code 1970, § 25-80; Ord. No. 1792, § 1(25-80), 10-28-91) Cross references: Definitions generally, § 1-2. Secs. 70-212--70-230. Reserved. DIVISION 2. TRUCK ROUTES Sec.70-231. Designation. For the purposes of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as truck routes: TABLE INSET: Route Extent State Highway 225 Entire extent within corporate limits New State Highway 146 Entire extent within corporate limits Barbours Cut Boulevard New State Highway 146 east to corporate limits 16th Street Barbours Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits West Main Street New State Highway 146 to west corporate limits North 23rd Street North Avenue C to West Main Street Underwood Road Entire extent within corporate limits Powell Road (S. a Street Fairmont Parkway south to 1700 block of Powell Road Exhort Drive From South 16`h Street To State Highway 146 m South 16 Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbour's Cut Blvd. To North `L' Street. North `L' Street From west of North Broadway To North 6`h Street North `J' Street From North 6`h Street To west connecting with State Highway 146. North E Street From North 16`h Street to eastern ROW of U.P.R.R. (Code 1970, § 25-81; Ord. No. 1792, § 1(25-81), 10-28-91; Ord. No. 97-2172, § 1, 4-14-97) Sec. 70-232. Use required generally. No person shall operate a truck, truck tractor, semitrailer or container upon any roads, avenues, streets or thoroughfares within the corporate limits of the city except on those which are designated as truck routes in section 70-231, and subject to the gross weight limits established by division 3 of this article. Neither shall any person operate a heavy truck travelling through the city, with no origin or destination within the city, except on limited access state highways, i.e. State Highway 225 and State Highway 146. (Code 1970, § 25-82) Sec. 70-233. Exception to section 70-232; point of origin. (a) The provisions of section 70-232 notwithstanding, in those instances where any truck traffic, originating within the corporate limits of the city, shall have as its point of origin a point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. If such truck traffic shall originate outside the corporate limits of the city and enter the city at a point which is not on a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. (b) In those cases where truck traffic originates off a designated truck route, whether inside or outside the corporate limits of the city, and the destination of the truck traffic is nearer the origin or point of entering the corporate limits of the city than is the nearest point on a designated truck route by the most direct route possible, it shall not be necessary to proceed to the nearest designated truck route. (c) In those instances where the truck traffic has neither its point of origin nor destination within the corporate limits of the City of La Porte, its extraterritorial iurisdiction, or the corporate limits of any city adjacent to La Porte; then such truck traffic shall only be allowed on a limited -access State Highway, i.e. State Highway 225 and State Highway 146. (Code 1970, § 25-83) Sec. 70-234. Loading, unloading and repair of trucks. Truck traffic restricted to the streets designated as truck routes may depart from such truck routes where it is necessary to load, unload or seek repairs at a legitimate repair facility, at a location situated off designated truck routes; provided, however, that such truck traffic shall not leave any designated truck route until such truck traffic has reached a point on some designated truck route which is nearest the applicable place of loading, unloading or servicing by the most direct route possible. All required loading berths and facilities for truck repair shall be off-street and located on the same lots as the building or use to be served. After leaving a designated truck route to load or unload, truck traffic may continue off truck routes to as many points of destination as necessary. If, in the course of making the necessary stops for loading and unloading, the truck traffic shall cross a designated truck route, then, in that event, such truck shall not again leave any designated truck routes until it has reached a point on some designated truck route which is nearest to the next place of loading and unloading by the most direct route possible. (Code 1970, § 25-85; Ord. No. 1792, § 1(25-85), 10-28-91; Ord. No. 97-2172, § 1, 4-14- 97) Sec. 70-235. Hazardous cargo routes; designation. (a) For the purpose of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as hazardous cargo routes: TABLE INSET: Route Extent State Highway 225 Entire extent within corporate limits New State Highway 146 Entire extent within corporate limits Fent Pffkway- New State Highway 146 te west eefpefate-liffli45- (b) Vehicles transporting hazardous materials shall not leave and/of pafl depart from the hazardous cargo route except to pick up or deliver from the designated pick up or delivery site. Said vehicles may not nark at any location alongside, or adjacent to the truck route for any period of time except to pick up or deliver from the designated pick up or delivery site All required loading berths shall be off-street and located on the same lots as the building or use to be served. The vehicle shall not leave the hazardous cargo route until such vehicle has reached a point which is nearest the applicable place of loading or unloading and shall return to the hazardous cargo route by the most direct and/or the shortest route. (Ord. No. 1792, § 1(25-84.1), 10-28-91; Ord. No. 97-2172, § 1, 4-14-97) Sec. 70-236. Alternate routes. Whenever any street or roadway designated as a truck route is under repair, or otherwise temporarily out of use, the chief of police shall be authorized to designate alternate truck routes. (Code 1970, § 25-88) Sec. 70-237. Location of truck terminals. Truck terminals, as defined in section 70-211, shall only be located in areas directly adjaeent abutting the right-of-way of the truck routes specifically designated in section 70-231. (Code 1970, § 25-84; Ord. No. 97-2172, § 1, 4-14-97) Cross reference, Section 106-746 Sec. 70-238. Lane use restrictions for trucks on portions of State Highway 225. (a) That the findings contained in the preamble of Ordinance No. 2003-2618 are determined to be true and correct. As evidence thereof, documents establishing the approval described in the preamble of Ordinance No. 2003-2618 have been incorporated into this section and made a part hereof as exhibit A. (b) That, as used in this section, 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. 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. (c) 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. (d) That enforcement of this section is subject to Section 545.0651 of the Texas Transportation Code, and the prohibition established in subsection (c) of this section 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 section 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 subsection (d) shall constitute defenses to prosecution under this section. (e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation Code, who shall violate any provision of this section, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $200.00. (Ord. No. 2203-2618, §§ 1--5, 3-24-03) Secs. 70-239--70-255. Reserved. DIVISION 3. WEIGHT LIMITS See.70-256. Enumeration. Except as otherwise provided by law, no commercial motor vehicle, truck -trailer, trailer or semitrailer, nor combination of such vehicles, shall be operated over, on or upon the public streets and highways within the corporate limits, having a weight in excess of one or more of the following limitations: (1) No such vehicle nor combination of vehicles shall have a greater weight than 20,000 pounds carried on any one axle, including all enforcement tolerances; or a tandem axle weight in excess of 34,000 pounds, including all enforcement tolerances; or an overall gross weight on a group of two or more consecutive axles in excess of that produced by application of the following formula: TABLE INSET: W=500 ( NN ) +12N=36 where W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, providing the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; provided, however, that such overall gross weight may not exceed 80,000 pounds, including all enforcement tolerances. (2) No such vehicles nor combination of vehicles shall have a greater weight than 600 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using high-pressure tires, and a greater weight than 650 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-pressure tires, and no wheel shall carry a load in excess of 8,000 pounds on high- pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in excess of 16,000 pounds on high-pressure tires, and 20,000 pounds on low-pressure tires. (3) Nothing in this section shall be construed as permitting size or weight limits on the national system of interstate and defense highways within the corporate limits of the city in excess of those permitted under 23 USC 127. If the federal government prescribes or adopts vehicle size or weight limits greater than those prescribed by 23 USC 127 for the national system of interstate and defense highways, the increased limits shall become effective on the national system of interstate and defense highways within the corporate limits of the city. (4) In this section, an axle load is defined as the total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle. Tandem axle group is defined as two or more axles spaced 40 or more inches apart from center to center, having at least one common point of weight suspension. (5) Any police officer, having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of portable or stationary scales approved by the police department of the city for such use, or the police officer may cause the loaded motor vehicle to be weighed by any public weigher and may require such vehicle to be driven to the nearest available scales for the purpose of weighing. If the gross weight of a vehicle weighed pursuant to this subsection, is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent of the gross weight authorized by law, such police officer shall demand and require the operator or owner of the motor vehicle to unload, or cause to be unloaded, such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum permitted by law, plus such tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the city until the gross weight of the vehicle has been reduced to a weight not in excess of the maximum authorized by law plus such tolerance allowance, except as authorized under this subsection. If the axle load of a vehicle weighed pursuant to this subsection, is found to exceed the maximum authorized by law, plus a tolerance allowance of five percent of the axle load authorized by law, such police officer shall demand and require the operator or owner of the motor vehicle to decrease the axle load to the maximum authorized by law plus such tolerance allowance. The owner or operator may reduce such load by rearranging the cargo, if possible, or by unloading or having others to unload such portion of the cargo as is necessary to decrease the axle load to the maximum authorized by law, plus such tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the city so long as any axle load exceeds the maximum authorized by law plus such tolerance allowance except as authorized under this subsection. If the load of a motor vehicle consists of livestock, the operator shall be permitted to proceed to the destination without unloading providing the destination is within the state. If the gross weight of a motor vehicle or an axle load exceeds the maximum permitted by law, plus a tolerance of five percent of the gross weight authorized by law, but the police officer believes that the cargo cannot be unloaded or rearranged safely at the place where such vehicle was weighed, or the police officer believes that the unloading or rearranging of the cargo at such place would create an unreasonable disruption of traffic, he shall require the operator to proceed to a location where the cargo can be unloaded or rearranged safely without causing disruption to traffic. Such location shall be the nearest such place on city property, or property under the control of the driver or his principal, or on property where consent has been given for such loading and where it is feasible to unload or rearrange such cargo. (Code 1970, § 25-86(a)) Sec. 70-257. Operation of overweight vehicles; special permit required. Any person desiring to operate a vehicle on city streets in excess of the load limit set out in section 70-256 shall first obtain a special permit from the city inspection department. Such permit shall not be issued unless reasonably necessary. (Code 1970, § 25-86(b)) Sec. 70-258. Application of division to road rollers or other road machinery; permit required. The limitation as to weight prescribed by section 70-256 shall not apply to road rollers or other roadmaking or road repairing machinery being moved or used on a street by the United States, the state, the city or any contractor moving or using such road machinery in the performance of or preparatory to the performance of a contract with either the United States, the state or the city, but in event of any such roadmaking or road repairing machinery of a weight in excess of the limit set out in section 70-256 being moved over the streets or bridges in the city, the person charged thereof shall first obtain from the inspection department a permit for such movement, which permit shall designate the route or streets and also the bridges over which such movement shall take place, and such machinery may then be moved, but not elsewhere than over such designated routes. (Code 1970, § 25-86(c)) Sec. 70-259. Liability for damages done to streets, bridges or culverts. Any person moving or causing to be moved a load which, together with the weight of the vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any damage done by any such excessively loaded vehicle to the streets, bridges or culverts in the city and the acceptance of either of the permits provided for in this division shall be conclusive evidence that the person to whom such permit is issued agrees to make good and pay all such damages upon demand thereof made by the city. (Code 1970, § 25-86(d)) Sec. 70-260. Compliance by operator with state law provisions. The driver, owner, operator or other person operating or driving any commercial motor vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles over, on or upon city streets or public highways within the limits of the city shall comply with the provisions of V.T.C.A., Transportation Code §§ 502.151, 502.178, 621.002, 621.101, 621.501, and 621.951. (Code 1970, § 25-86(e)) Sec. 70-261. Signs and markings. (a) When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on such signs, at any time, upon any of the streets or parts of streets so signed. Under this section, as vehicle weight is indicated by the number of axles supporting such vehicles, signs limiting the number of axles on vehicles shall be official. (b) When signs are erected stating "No Through Trucks," "No Trucks" or designate no trucks by international signage, no person shall operate any commercial vehicle exceeding three tons gross weight at any time upon any of the streets or parts of streets so signed, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise, and then only by entering such street at the intersection nearest the designation of the vehicle and proceeding no farther than the nearest intersection thereafter. (Code 1970, § 25-87; Ord. No. 1792, § 1(25-87), 10-28-91; Ord. No. 97-2172, § 1, 4-14- 97) Sec. 70-262. Limitation on length of vehicles. No motor vehicle shall exceed the limits set forth in V.T.C.A., Transportation Code §§ 621.203--621.206. (Code 1970, § 25-89; Ord. No. 1792, § 1(25-89), 10-28-91; Ord. No. 97-2172, § 1, 4-14- 97) Sec. 70-263. Penalty for violation of division. The driver, owner, operator or other person operating or driving any commercial motor vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles, over, on or upon city streets or public highways within the limits of the city who fails to comply with the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum in an amount established by the city and listed in appendix B of this Code. (Code 1970, § 25-86(f)) Secs. 70-264--70-280. Reserved. \�1