HomeMy WebLinkAboutOrdinance 10012
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ORDINANCE NO. ~~(/ ~~
AN ORDINANCE AMENDING CHAPTER 22, "MOTOR VEHICLES AND
TRAFFIC," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, BY CHANGING CERTAIN VEHICLE WEIGHT, LENGTH AND
HEIGHT RESTRICTIONS; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING PRIOR ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 22-117(c) of Chapter 22 be amended by changing
subsections (1), (2), (3) and (4), which subsections shall read as
follows:
"(1) In no event shall the total gross weight, with load,
of any vehicle or combination of vehicles, exceed
eighty thousand (80,000) pounds.
"(2) No axle shall carry a load in excess of twenty
thousand (20,000) pounds. An axle load shall be
defined as the total load transmitted to the road by
all wheels whose centers may be included between two
(2) parallel transverse vertical planes forty (40)
inches apart, extending across the full width of the
vehicle.
"(3) The total gross weight concentrated on the highway
surface from any tandem axle group shall not exceed
thirty-four thousand (34,000) pounds for each such
tandem axle group. Tandem axle group is defined to be
two (2) or more axles spaced forty (40) inches or
more apart from center to center having at least one
common point of weight suspension.
"(4) Vehicles used exclusively to transport ready-mix con-
crete may be operated upon the public streets of the
city with a tandem axle load not to exceed forty-four
thousand (44,000) pounds, a single axle load not to
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exceed twenty thousand (20,000) pounds and a gross
load not to exceed sixty-four thousand (64,000)
pounds. Before any vehicle used exclusively to trans-
port ready-mixed concrete with a tandem axle load in
excess of thirty-four thousand (34,000) pounds may be
operated upon the public streets of the city, the
owner thereof shall file with the Office of Consumer
Affairs a surety bond in the sum of fifteen thousand
dollars ($15,000.00). Such bond shall be conditioned
that the owner of such vehicle will pay to the city
all damages done to the public streets and highways
by reason of the operation of such vehicle with a
tandem axle load in excess of thirty-four thousand
(34,000) pounds.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1986), as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any !such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
Two Hundred Dollars ($200.00) for each offense. Each day that a vio-
lation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Chapter 22 of the Code of the City of Fort Worth (1986), as amended,
or any other ordinances affecting vehicle weight and size limits
which have accrued at the time of the effective date of this ordi-
nance; and, as to such accrued violations and all pending litiga-
tion, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected,by this ordinance
but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof, as pro-
vided in Chapter XXV, Section 3, of the Charter of the City of Fort
Worth, Texas.
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SECTION 7.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 4 and 9 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 4 and 9 of this ordi-
nance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes
of Texas.
SECTION 9.
This ordinance shall be in full force and effect from and
after its passage and publication, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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ADOPTED: ~l- ~ ~- d
EFFECTIVE: ~~ " 01 `t - ~7
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`~~~~~~~~~ NUMBER CE SUBJECT AMEND CHAPTER 22, CORRECT OVER- PAGE
11/24/87 **G-7350 SIGHT IN WEIGHT LIMITS AS ADOPTED BY lof___1
REFERENCE NUMBER G-7291
Recommendation
It is recommended that the City Council adopt the attached ordinance revision
of Chapter 22, Section 22-117 (c) of the Code of the City of Fort Worth, which
will correct the previous M&C G-7291 to
1) Amend the references to weight limits in subsections (1), (2), (3) and (4)
to be the same as those limits estab lished and enforced by the State of
Texas, and
2) Replace subsection (4) reference to the "director of transportation" with
"Office of Consumer Affairs"
Discussion
The recommended changes are in agreement with the purpose of the revisions of
Chapter 22 adopted by City Council, October 13, 1987 This amendment is
required due to an oversight regarding the final preparation of the ordinance
which was attached to G-7291
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APPROVED BY
CITY COUNCIL
NOV 24 ~~~
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SUBMITTED FOR IHt
CITY MANAGER'S
OFFICE BY Ramon Guajardo
DISPOSITION BY COUNCIL.
^ APPROVED
PROCESSED BY
ORIGINATING [ OTHER (DESCRIBE)
DEPARTMENT HEAD Sandra GOnZal2S CITY SECRETARY
FOR ADDITIONAi INFORMATION
CONTACT D W }
Adopted OCdI~2IlCE NO.
atson-7572 (~ DATE