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Home My WebLink AboutORD 2004-47 - Truck Lane Restrictions IH35ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AMENDING CHAPTER 10.04 OF THE CODE OF ORDINANCES BY ADDING SECTION 10.04.070 ESTABLISHING LANE USE RESTRICTIONS FOR TRUCKS UPON THE PORTION OF IH -35 LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF GEORGETOWN; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to Texas Transportation Commission Minute Order #109677 passed May 27, 2004 attached hereto as Exhibit "A", the City Council desires to establish lane use restrictions for trucks upon that portion of IH -35 within the corporate limits of the City of Georgetown in accordance with 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 of the Texas Transportation Code; and WHEREAS, the Executive Director of the Texas Department of Transportation or the Director's designee has, based upon a traffic study and 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 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 COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Transportation Policy 10.00 of the Century Plan — Policy Plan Element, which states: "Citizens and commercial goods move safely and efficiently throughout all parts of the City"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Chapter 10.04 of the Code of Ordinances of the City of Georgetown, Texas, entitled "TRAFFIC REGULATIONS GENERALLY" is hereby amended to add the following as the next consecutively numbered section: Ordinance No. Establishing Truck Lane Restrictions on IH -35 Page 1 of 3 **** LANE USE RESTRICTIONS FOR TRUCK ON IH -35 (1) Definitions (a) Authorized lanes means the two controlled access lanes on each side of IH -35 (northbound and southbound) that are most immediately to the right of the left-hand (or inner) controlled access lane. (b) Designated Portion of IH -35 means that portion of IH -35 between the northern City Limit of the City of Georgetown and the southern City Limit of the City of Georgetown. (c) 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. (2) It shall be unlawful for any person driving or operating a truck on the Designated Portions of IH -35 to utilize any controlled access lane other than the authorized lanes, except as provided for in paragraph (3) below. (3) Enforcement of this Subsection is subject to Section 545.0651 of the Texas Transportation Code, and the prohibition established in paragraph (2) above shall not be effective during any period of suspension or recision 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 Subsection be construed to prohibit the 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 of this paragraph. (3) shall constitute defenses to prosecution under this Subsection. (4) Violation of this Subsection is unlawful, and any violation shall be punishable by a fine of not less than $1 nor more than $200 as provided by Subchapter D of Chapter 542 of the Texas Transportation Code. SECTION 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such othr ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. Ordinance No. 4 4 7 Establishing Truck Lane Restrictions on IH -35 Page 2 of 3 SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 27`" day of July, 2004. PASSED AND APPROVED on Second Reading on the I 01 day of August, 2004. ATTEST: Sandra D. Lee, City APPROVED AS TO FORM: A E. Carls, Brown & Carls, LLP City Attorney Ordinance No. Establishing Trick Lane Restrictions on IH -35 Page 3 of 3 CITY OF GEORGETOWN By: TEXAS TRANSPORTATION COMMISSION.. VARIOUS County MINUTE ORDER District AUSTIN Page 1 of 1 Transportation Code, §545.0651, authorizes the Texas Department of Transportation (department) to restrict through traffic, by class of vehicle, to two or more designated lanes of traffic on certain portions of the designated state highway system, and requires the - Texas Transportation Commission (commission) to adopt rules. The commission adopted these rules, 43 TAC §§25.601-25.604 that became effective on January 8, 2004. The department, working in conjunction with local jurisdictions in Hays, Travis and Williamson counties, developed a proposed lane restriction for the Interstate 35(I-35) corridor. In accordance with §25.604(e)(3), the department conducted a traffic study to evaluate the impact of the lane restriction. In accordance with §25.604(d), the department published a notice in the Texas Register for a 30day comment period on February 13, 2004 and held a public hearing on the proposed restriction on March 4, 2004. The comments and the department's response to these comments are attached as Exhibit A. In accordance with Transportation Code §545.601 and 43 TAC §§25.601-25.604, the department is proposing a lane restriction that would establish consistent lane use restrictions applicable to trucks, as defined in Transportation Code, §541.201, with three or more axles, and to truck tractors, also as defined in Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed lane restriction prohibits those vehicles from using any traffic lane, other than the second, third, and fourth controlled access lanes on each side of I-35 as counted from the center (inside .left lane) of the highway between 1.297 miles south of the BenVilhamson County line, southward through Hays, Travis and Williamson counties, and ending at the southern city limits of San Marcos, which is 0.455 mile north of the Hays/Comal County line. The proposed lane restriction would be in effect 24 hours a day, 7 days a week, and would allow the operation of those vehicles in a prohibited traffic lane for the purposes of passing another vehicle or entering or exiting the highway. In accordance with 43 TAC §25.604(h)(2), the executive director may temporarily suspend the lane restriction in an emergency. The commission, having evaluated the truck lane restriction proposal based on the safety of the traveling public and the factors listed in 43 TAC §25.604(f), finds that the proposed lane restriction should be approved. IT IS THEREFORE ORDERED by the Texas Transportation Commission that the proposed lane restriction in Hays, Travis and Williamson counties is approved and shall become effective upon placement of all necessary traffic control devices. Submitted and reviewed by: . Director, Traffic Operations Division i WA " 1 t Recommended by: Executive Director 109677 MAY 27 04 Minute Date Number Passed `EXAS TRANSPORTATION COMMISSIO VARIOUS County MINUTE ORDER District AUSTIN Page 1 of 1 Transportation Code, §545.0651, authorizes the Texas Department of Transportation (department) to restrict through traffic, by class of vehicle, to two or more designated lanes of traffic on certain portions of the designated state highway system, and requires the Texas Transportation Commission (commission) to adopt rules. The commission adopted these rules, 43 TAC §§25.601-25.604 that became effective on January 8, 2004. The department, working in conjunction with local jurisdictions in Hays, Travis and Williamson counties, developed a proposed lane restriction for the Interstate 35(I-35) corridor. In accordance with §25.604(e)(3), the department conducted a traffic study to evaluate the impact of the lane restriction. In accordance with §25.604(d), the department published a notice in the Texas Register for a 30day comment period on February 13, 2004 and held a public hearing on the proposed restriction on March 4, 2004. The comments and the department's response to these comments are attached as Exhibit A. In accordance with Transportation Code §545.601 and 43 TAC §§25.601-25.604, the department is proposing a lane restriction that would establish consistent lane use restrictions applicable to trucks, as defined in Transportation Code, §541.201, with three or more axles, and to truck tractors, also as defined in Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed lane restriction prohibits those vehicles from using any traffic lane, other than the second, third, and fourth controlled access lanes on each side of I-35 as counted from the center (inside left lane) of the highway between 1.297 miles south of the Bell/Williamson County line, southward through Hays, Travis and Williamson counties, and ending at the southern city limits of San Marcos, which is 0.455 mile north of the Hays/Corral County line. The proposed lane restriction would be in effect 24 hours a day, 7 days a week, and would allow the operation of those vehicles in a prohibited traffic lane for the purposes of passing another vehicle or entering or exiting the highway. In accordance with 43 TAC §25.604(h)(2), the executive director may temporarily suspend the lane restriction in an emergency. The commission, having evaluated the truck lane restriction proposal based on the safety of the traveling public and the factors listed in 43 TAC §25.604(1), finds that the proposed lane restriction should be approved. IT IS THEREFORE ORDERED by the Texas Transportation Commission that the proposed lane restriction in Hays, Travis and Williamson counties is approved and shall become effective upon placement of all necessary traffic control devices. Submitted and reviewed by: Director, Traffic Operations Division Recommended by: Executive Director 109677 MAY 27 04 Minute Date Number Passed