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.