Leon Valley
TX

Ordinance
Ordinance 17-036

Presentation, Discussion and Possible Action on an Ordinance Amending the City of Leon Valley Code Of Ordinances Chapter 12 Traffic and Vehicles, Article 12.01 General Provisions, Sections 12.01.001 Definitions and Rules of Construction, (h) Definitions; Article 12.04.032 Through Truck Traffic Prohibited on Certain Streets; and Article 12.04 Truck Traffic, to Add a New Section 12.04.033 Weight Limits, to Establish Load Limits on Certain City Streets; Providing for a Permit Procedure for Overweight Trucks; Providing for Loading and Unloading; Establishing Exceptions; Providing Enforcement Procedures and Definitions; and Providing For a Penalty.

Information

Department:Public WorksSponsors:
Category:Policy

Item Discussion

PURPOSE

 

The purpose of this M & C is to consider amending Chapter 12, Traffic and Vehicles of the Leon Valley City Code of Ordinances to prohibit trucks weighing 33,000 lbs. or more (Class 8 or higher) from traveling along Sawyer, El Verde, Samaritan, William Rancher, Aids, and all streets in the S. R. Hodges and Monte Robles Park subdivisions, and to amend Appendix A Fee Schedule to add a permit fee for overweight trucks.

 

The streets in these areas are substandard and are not designed to carry heavy loads. The Code prohibits vehicles weighing 33,000 lbs. or more, described as Class 8 or higher (18 wheeler) trucks from traveling on these roads.

 

The amendments include adding to the Definitions section, adding these streets to the Through Truck Traffic Prohibited on Certain Streets section, adding a new section authorizing permits for overweight trucks in certain instances, and amending Appendix A Fee Schedule to add a permit fee.

 

A good example for issuance of a permit for overweight trucks would be to permit a truck with an oversized load to deliver an object or piece of heavy equipment to a place of business, home, or jobsite. The proposed amendment to Article 12 exempts ambulances, fire trucks, and city owned trucks from the provisions of the Code, as our fire station is located on one of these roads, and Public Works trucks may use any one of these roads for public improvement projects. 

 

SEE LEON VALLEY

 

Social - removing these trucks from older neighborhoods preserves and protects the residential character of the neighborhoods, by reducing noise pollution and prevents excessive exhaust and damage to overhead utilities.

 

Economic - reducing truck traffic helps to preserve these roadways, allowing the City to spend Street Maintenance Funds in a more constructive and productive manner.

 

Environmental - reducing the number of Class 8 or higher trucks will reduce the amount of exhaust emissions, which is in keeping with the City’s goal of reducing idling and air pollution.

 

FISCAL IMPACT

 

There is no fiscal impact on the general budget; however a permit fee of $500 will be added to the Fee Schedule.

 

 

Document Comments

RECOMMENDATION

 

Approve an Ordinance amending Chapter 12 Traffic and Vehicles, to amend and add sections which will prohibit Class 8 or higher trucks weighing more than 33,000 lbs. from traveling on Sawyer Road; Althea Drive; Hodges Drive; El Verde Road; Samaritan Drive; William Rancher Road; Aids Drive; Thunderbird Drive, from Stebbins to Chaparral; Stebbins Drive; Deer Lane; Redbird Lane; Bluebird Lane from Stebbins to Deer Lane; and Chaparral Drive.

 

Body

AN ORDINANCE AMENDING THE CITY OF LEON VALLEY CODE OF ORDINANCES, CHAPTER 12 TRAFFIC AND VEHICLES, ARTICLE 12.01 GENERAL PROVISIONS, SECTION 12.01.001 DEFINITIONS AND RULES OF CONSTRUCTION, (h) DEFINITIONS TO ADD DEFINITIONS; ARTICLE 12.04 TRUCK TRAFFIC, TO ADD A NEW SECTION, “12.04.033 WEIGHT LIMITS” OF THE LEON VALLEY CITY CODE OF ORDINANCES; AND AMENDING LEON VALLEY CITY CODE APPENDIX “A” FEE SCHEDULE, SECTION A8.004 MISCELLANEOUS FEES TO ADD “(d) OVERWEIGHT TRUCK PERMIT FEE” IN THE AMOUNT OF $500.

WHEREAS, several streets within the city limits of the City of Leon Valley are in substandard condition and are not designed for heavy trucks carrying heavy loads which cause damage to the streets; and

WHEREAS, trucks carrying heavy loads create public safety concerns for the city; and

WHEREAS, the public safety and welfare will benefit from the regulation of heavy and overweight trucks within the City; and

WHEREAS, it is now the desire of the City Council to authorize the amendment of Article 12.01 and Article 12.04 of the Leon Valley City Code of Ordinances, and the Leon Valley City Code Appendix “A” Fee Schedule; NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS:

SECTION 1.              Article 12.01 General Provisions, Section 12.01.001 “Definitions and rules of construction” of the Leon Valley City Code of Ordinances is hereby authorized to be amended as follows:

By adding the following in alphabetical order:

(h)               Definitions:

For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings given herein:

              City. The City of Leon Valley, Texas.

              Person. Any person, firm, partnership, association, corporation, company or organization of any kind.

              Class 8 or Higher Truck. Any vehicle designed or operated for the transportation of property, and whose vehicle class is rated 8 or higher and weighs 33,000 pounds or more.

SECTION 2.              Article 12.04 Truck Traffic, Section 12.04.032 Through truck traffic prohibited on certain streets, is hereby authorized to be amended as follows:

It shall be unlawful for any person, firm or corporation, directly or through an agent, servant or employee, to use or permit the use for through truck traffic, as herein defined, of any of the following designated streets in the city: Evers Road; Huebner Road west of State Highway 16 (Bandera Road); Mill Stream; Poss Road, from Bandera Road to Trotter Lane; Rue Francois; Sawyer Road; Althea Drive; Hodges Drive; El Verde Road; Samaritan Drive; William Rancher Road; Aids Drive; Thunderbird Drive, from Stebbins to Chaparral; Stebbins Drive; Deer Lane; Redbird Lane; Bluebird Lane from Stebbins to Deer Lane; and Chaparral Drive.

SECTION 3.              Article 12.04 Truck Traffic is hereby authorized to be amended to add Section 12.04.033 as follows:

1. Weight Limits

It shall be unlawful for any person to operate any truck on any public street or right-of-way in the city, other than on state highways, which has a gross weight in excess of 33,000 pounds and is designed as a Class 8 or higher, unless permitted by the city to do so.

              a. In the event a permit is required, an indemnity bond may be required to be               posted with the city to cover possible damage to its streets, bridges, water               crossings, culverts or drainage easements, which may be damaged by the               moving of said excessive weight loads over and along these streets.

              b. The indemnity bond of no less than $50,000.00 shall remain in force and effect               for ninety (90) days from the initial execution date of the permit. The amount of               the bond shall be determined by guidelines established by the City Manager with               reasonable consideration of the type of vehicle, the amount of excess weight, the               distance to be traveled on the streets and the condition of the streets to be               traveled.

2. Oversize/Overweight Permit

1. A permit may be issued under the direction of the City Manager, or designee, for the travel of trucks over city streets within the city 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 truck capable of hauling the load within the prescribed limit.

2. Such permit shall be issued for a maximum period of ninety (90) days. The City Manager shall determine route of travel of said truck and the amount of the bond, if any, but the amount shall not be less than $50,000.00. The permit shall specify the date of the trip, the license plate number of the truck and the route of travel. A permit fee of $500.00 for the issuance of the permit shall be paid to the city by the applicant prior to issuance.

3. Loading/Unloading

In the event that a truck must completely or partially load and/or unload at a point which is in conflict with this ordinance, the truck may proceed to and from such points of loading and/or unloading, providing that the truck 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 City Manager.


4. Exceptions

This section shall not prohibit:

1.              The operation of emergency vehicles upon any street in the city.

2.              The operation of trucks owned or operated by the city, or contracted by the city, upon any street in the city.

5. Enforcement of Section; Weighing

1. The city shall keep and maintain accurate maps setting out streets upon which truck traffic is not permitted. The maps shall be kept on file at the city hall and police department and shall be made available to the public. Class 8 or higher trucks are prohibited from traveling along the following streets:

              a. Sawyer Road

              b. Althea Drive

              c. Hodges Street

              d. El Verde Road

              e. Samaritan Drive

              f. William Rancher Road

              g. Aids Drive

              h. Thunderbird Drive, from Stebbins to Chaparral

              i. Stebbins Drive

              j. Deer Lane

              k. Redbird Lane

              l. Bluebird Lane, from Stebbins Drive to Deer Lane

              m. Chaparral Drive

2. The Chief of Police, or designee, shall have the authority to require any person driving or in control of a truck on any of the streets in Section 5.1, to proceed to any public or private scale available for the purpose of weighing and determining whether this ordinance has been complied with.

              a. Upon such weighing, if it is determined that the truck so weighed is in excess               of the load limit, then the cost of such weighing shall be immediately due and               payable by the operator of such truck and such truck may be lawfully detained by               the police department until such charge has been paid.

              b. In the event that the weight of such truck is not in excess of the load limit, any               charges for weighing shall be paid by the city.

              c. Any charge for weighing under the terms of this section shall be in addition to               any fine imposed for a violation of its provisions.


6. Penalty

A person violating any provision of this ordinance shall be found guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand dollars ($2000.00) upon conviction.

SECTION 4. Appendix A Fee Schedule, Section A8.004 is hereby authorized to be amended to add the following:

(d) Overweight Truck (33,000 lbs. or more) Permit Fee

              (1) Permit fee:              $500.

 

SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. All provisions, sections and sub-sections set forth in any article in the City of Leon Valley Code of Ordinances not revised or amended herein shall remain in effect.

 

SECTION 6.              The financial allocations in this Ordinance are subject to approval by the Director of Finance.  The Director of Finance may, subject to concurrence by the City Manager or the City Manager’s designee, correct allocations as necessary to carry out the purpose of this Ordinance.

 

SECTION 7.              This Ordinance shall be effective immediately upon passage by four (4) or more affirmative votes; otherwise, it shall be effective on the tenth (10th) day after passage.

 

 

Meeting History

Jul 18, 2017 6:00 PM  City Council Regular Meeting

Interim Community Development/Public Works Director Moritz presented this item asking that City Council consider amending the City of Leon Valley Code of Ordinances, Chapter 12, Traffic and Vehicles to prohibit trucks weighing 33,000 lbs. or more (Class 8 or higher) from traveling along Sawyer, El Verde, Samaritan, William Rancher, Aids, and all streets in the S. R. Hodges and Monte Robles Park subdivisions, and to amend Appendix A Fee Schedule to add a permit fee for overweight trucks.

Interim Community Development/Public Works Director Moritz said the streets in these areas are substandard and are not designed to carry heavy loads. The Code prohibits vehicles weighing 33,000 lbs. or more, described as Class 8 or higher (18 wheeler) trucks from traveling on these roads. The amendments include adding to the Definitions section, adding these streets to the Through Truck Traffic Prohibited on Certain Streets section, adding a new section authorizing permits for overweight trucks in certain instances, and amending Appendix A Fee Schedule to add a permit fee.

Staff recommends approval of the ordinance amending Chapter 12 Traffic and Vehicles, to amend and add sections which will prohibit Class 8 or higher trucks weighing more than 33,000 lbs. from traveling on Sawyer Road; Althea Drive; Hodges Drive; El Verde Road; Samaritan Drive; William Rancher Road; Aids Drive; Thunderbird Drive, from Stebbins to Chaparral; Stebbins Drive; Deer Lane; Redbird Lane; Bluebird Lane from Stebbins to Deer Lane; and Chaparral Drive.

A motion was made by Council Member Monica Alcocer and seconded by Council Member David Edwards to adopt the ordinance amending Chapter 12 Traffic and Vehicles, to amend and add sections which will prohibit Class 8 or higher trucks weighing more than 33,000 lbs. from traveling on Sawyer Road; Althea Drive; Hodges Drive; El Verde Road; Samaritan Drive; William Rancher Road; Aids Drive; Thunderbird Drive, from Stebbins to Chaparral; Stebbins Drive; Deer Lane; Redbird Lane; Bluebird Lane from Stebbins to Deer Lane; and Chaparral Drive.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Monica Alcocer, Council Place 3
SECONDER:David Edwards, Council Place 1
AYES:Benny Martinez, David Edwards, Belinda Ealy, Monica Alcocer, David Jordan

Discussion