ORDINANCE NO. 127

 

 

AN ORDINANCE OF THE TOWN OF ST. PAUL, COLLIN COUNTY, TEXAS, ESTABLISHING A MAXIMUM WEIGHT LIMIT FOR MOTOR VEHICLES ON ALL ROADS AND STREETS UNDER THE JURISDICTION OF THE TOWN OF ST. PAUL, OTHER THAN STATE HIGHWAYS; ESTABLISHING A MAXIMUM WEIGHT LIMIT FOR READY-MIXED CONCRETE TRUCKS ON ALL STATE HIGHWAYS UNDER THE JURISDICTION OF THE TOWN OF ST. PAUL; PROVIDING FOR PERMITS FOR OVER-WEIGHT VEHICLES, PROVIDING FOR PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, SEVERABILITY, PUBLICATION AND DECLARING AN EFFECTIVE DATE.

   WHEREAS, heavy vehicles cause considerable damage to the roads and streets subject to the jurisdiction of the Town of St. Paul because such roads and streets are insufficient to carry the loads authorized by state or federal law;

 WHEREAS, the St. Paul Town Council finds that Transportation Code §621.303 authorizes the Town of St. Paul to regulate the operation of over-weight vehicles on all roads and streets under the jurisdiction of the town of St. Paul, other than state highways;

 WHEREAS, the St. Paul Town Council finds that a maximum weights of 12,000 pounds per single axle, 34,000 pounds per tandem axle, and 48,000 pounds per gross load are reasonable and prudent weights for any motor vehicle operated on the streets and roads of the Town of St. Paul;

 WHEREAS, the St. Paul Town Council finds that Transportation Code §622.014 authorizes the Town of St. Paul to regulate the operation of over-weight ready-mixed concrete trucks over a public highway maintained by the Town of St. Paul;

 WHEREAS, the St. Paul Town Council finds that maximum weights of 12,000 pounds per single axle, 34,000 pounds per tandem axle, and 48,000 pounds per gross load are reasonable and prudent weights for any ready-mixed concrete truck operated over a public highway maintained by the Town of St. Paul; and

 WHEREAS, the St. Paul Town Council finds the regulations adopted herein are in the best interest of the citizens of St. Paul and promote the safety, health and welfare of the citizens of St. Paul.

 

 NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ST. PAUL , COLLIN COUNTY , TEXAS :

 SECTION 1.   WEIGHT LIMITATION.

 (a)        Except as otherwise provided herein or by law, no person may drive, operate, or move, nor may any owner cause or permit to be driven, operated, or moved, on any street or road within the jurisdiction of the Town of St. Paul, other than state highways, any vehicle or combination of vehicles that has a weight greater than 12,000 pounds per axle.

  (b)        For purposes of this ordinance, a vehicle is defined to mean every mechanical device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck-tractors, trailers, and semi-trailers, severally, as hereinafter defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks and except emergency vehicles owned and operated by a political subdivision of the state or a volunteer fire department.

 SECTION 2.   PERMITS AND BONDS.

 (a)        The Town of St. Paul may issue permits allowing for a vehicle or a combination of vehicles to operate with a gross weight exceeding 48,000 pounds, tandem axle weight exceeding 34,000 pounds, or single axle weight exceeding 12,000 pounds on the streets, roads, and highways of the Town of St. Paul.

 (b)        The fee for the permit shall be One Hundred Fifty and no/100 Dollars ($150.00) per vehicle and the permit shall be valid for one (1) year from the date of issue.

 (c)        As a condition precedent to the issuance of a permit, the applicant must file with the Town an irrevocable letter of credit or a surety bond in the amount of Fifteen Thousand Dollars ($15,000.00) payable to the Town of St. Paul and conditional that the applicant will pay the Town for any damages to a road or bridge under the exclusive jurisdiction of the Town of St. Paul caused by the operation of any vehicle for which a permit is issued.  The bond or letter of credit shall include an undertaking by the issuer to notify the Town and the applicant in writing promptly after any payment is made by the issuer in respect of the bond or letter of credit.  If payment is made by the issuer in respect of the bond or letter of credit and the applicant does not file with the department a replacement bond or letter of credit in the full amount of $15,000.00, or a notification from the issuer of the existing bond or letter of credit that the existing bond or letter of credit has been restored to the full $15,000.00 within thirty (30) days after the date of such payment, then all permits held by the applicant under this section shall automatically expire.

 (d)        The liability of an applicant for damage to roads, streets and highways shall not be limited to the amount of the bond or letter of credit provided for in Subsection (c) of this section.  The Town of St. Paul may recover on the bond or letter of credit only by a suit against the owner or operator of the vehicle and the issuer of the bond or letter of credit filed in district court.

 SECTION 3.   VEHICLES TRANSPORTING READY-MIXED CONCRETE.

 (a)        Vehicles used exclusively to transport ready-mixed concrete, which is hereby defined as a perishable product, may be operated on public highways under the jurisdiction of the Town of St. Paul with a single axle load which does not exceed 12,000 pounds, a tandem axle load which does not exceed 34,000 pounds, or gross load which does not exceed 48,000 pounds.

 (b)        The owner of any ready-mixed concrete vehicle shall be required to file with the Town of St. Paul a surety bond in a sum not to exceed $15,000.00, and conditioned that the owner of such vehicle will pay to the Town of St. Paul all damages done to public highways under St. Paul’s jurisdiction by reason of the operation of such a vehicle with a single axle load in excess of 12, 000 pounds, a tandem axle load in excess of 34,000 pounds, or gross load in excess of 48,000 pounds.

 


SECTION 4.   PENALTY

 Any person who violates any of the provisions of this Ordinance within the corporate limits of the Town of St. Paul shall be guilty of a misdemeanor and upon conviction in the Municipal Court, or other court of competent jurisdiction, shall be subject to a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense.  In addition, the Town of St. Paul may seek to enforce this order by injunction and any other legal process to which it may be entitled.

 SECTION 5.   CONFLICTS.

 All ordinances and provisions of the Town of St. Paul, Texas that are in conflict with this Ordinance shall be and the same are hereby repealed, and all ordinances and provisions of ordinances of said Town not so repealed are hereby retained in full force and effect.

 SECTION 6.   SEVERABILITY.

 It is the intent of the St. Paul Town Council that each paragraph, sentence, subdivision, clause, phrase or section of this Ordinance be deemed severable, and should any such paragraph, sentence, subdivision, clause, phrase, or section be declared invalid or unconstitutional for any reason, such declaration of invalidity or unconstitutionality shall not be construed to effect the validity of those provisions of this Ordinance left standing.

 SECTION 7.   PUBLICATION.

 In accordance with Section 52.011 of the Texas Local Government Code, the caption of this Ordinance shall be published in one (1) issue of the official newspaper of the Town of St. Paul.

 SECTION 8.   EFFECTIVE DATE.

 This Ordinance shall take effect upon publication.

ADOPTED by the Town Council of the Town of St. Paul , Collin County, Texas, on the 12th   day of June, 2000.

 

APPROVED:

                                                                       

Joyce Pockrus, Mayor

 

ATTEST:                                                                                                  APPROVED AS TO FORM:

Marie Finely, Town Secretary                                                                  James W. Wilson, Asst. Town Attorney