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ORD CC 08/30/77 - Vehicle OperationORDINANCE NO. 77 -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BY ADDING A NEW SECTION TO BE NUMBERED SECTION 12 -28 FINDING THAT THE STREETS AND HIGHWAYS WITHIN THE JURISDICTION AND CORPORATE LIMITS OF THE CITY OF HUNTSVILLE, TEXAS, ARE INSUFFICIENT TO CARRY MAXIMUM GROSS VEHICLE AXLE LOADS AS AUTHORIZED BY SECTION 1 OF ARTICLE 6701 d -12, VERNONS ANNOTATED TEXAS CIVIL STATUTES, AND PURSUANT TO SUCH FINDING ESTABLISHING REASONABLE RULES AND REGULATIONS GOVERNING THE OPERATION OF VEHICLES TRANSPORTING READY -MIXED CONCRETE OVER PUBLIC HIGHWAYS AND ROADWAYS WITHIN SAID CITY THEREBY LIMITING THE WEIGHTS OF SUCH VEHICLES, REQUIRING A SURETY BOND TO BE POSTED BY THE OWNER OF ANY SUCH VEHICLE WITH A TANDEM AXLE LOAD IN EXCESS OF 34,000 LBS IN THE AMOUNT OF $ 15,000.00 TO INDEMNIFY AND HOLD HARMLESS THE SAID CITY FROM ANY DAMAGES TO STREETS AND HIGHWAYS BY VIRTUE OF SUCH EXCESS LOADS, PROVIDING FOR IDENTI- FICATION OF VEHICLES, AND PROVIDING A PENALTY FOR VIOLATION OF SAID ORDINANCE. WHEREAS, the City Council of the City of Huntsville, Texas, has heretofore received information from the streets and engineering departments of the said City, reflecting that to operate or allow operation on the public streets and highways within the corporate limits of the City of Huntsville motor vehicles used to transport ready -mixed concrete having a tandem axle load of 44,000 lbs., a single axle load of 20,000 lbs and a gross load of 64,000 lbs would damage said streets and highways and that by virtue of such information furnished, the said City Council has heretofore found, and does herenow affirm such finding, that the streets and highways within the corporate limits of the said City are in fact insufficient to carry such maximum gross vehicle axle loads and that by virtue thereof reasonable rules and regulations should be established as authorized by Article 6701 d -12, Vernons Annotated Texas Civil Statutes. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas, pursuant to the finding above made, that Chapter 12 of the Code of Ordinances of the City of Huntsville, Texas, be amended by the addition of a new Article to be numbered Article 12 -2B and to be titled REGULATION OF READY -MIXED CONCRETE VEHICLES, and which Section shall read as follows: Section 12 -28 REGULATION OF READY -MIXED CONCRETE VEHICLES (a) It shall hereafter be unlawfulfor any person, firm, corporation or entity to operate or allow operation on public streets or highways within the corporate limits of the City of Huntsville, vehicles used exclusively to transport ready -mixed concrete having a tandem axle load in excess of 41,000 lbs., a single axle load of 12,500 lbs., and a gross load in excess of 53,500 lbs. (b) Any person, firm,or corporation intending to operate a vehicle used exclusively to transport ready -mixed concrete on the streets and highways within the corporate limits of the City of Huntsville, with a tandem axle load in excess of 34,000 lbs., shall file with the City Secretary of the City of Huntsville a surety bond in favor of the City of Huntsville in the principal sum of $ 15,000.00, conditioned that the owner of such vehicles will pay to the City of Huntsville all damages done to the streets and highways within the corporate limits of the said City of Huntsville by reason of the operation of such vehicle, or vehicles having a tandem axle load in excess of 34,000 lbs. The initial surety bond required under the provisions of this section shall be filed within ten days after the effective date of this ordinance if the owner of any such vehicles is operating same with loads in excess of 34,000 lbs. Any owner of such vehicles thereafter operating or commencing to operate, such vehicles having a tandem axle load in excess of 34,000 lbs. shall file said surety bond with the City Secretary prior to operation of such vehicles by said owner or his employees on such streets and highways. (c) Upon filing of the surety bond provided for in the above paragraph, • the City Secretary shall record the number of such vehicles intended to be operated by each owner of same and which shall be covered by such surety bond. The City Secretary shall issue for each such vehicle an identification card, sticker or tag which shall be displayed on each such vehicle authorized to use the streets and highways within the corporate limits of the City of Huntsville with a tandem axle load in excess of 34,000 lbs. (d) No owner of such vehicles shall operate, or allow to be operated, any such vehicles required by this ordinance to be registered with the City Secretary until such registration has been made and the required surety bond tendered. Bonds shall be renewed annually for so long as the owner of such vehicles uses the public streets and highways within the City of Huntsville. The City Secretary shall be notified of vehicles deleted or added to the owner's fleet of vehicles covered by such surety bond. (e) Any person, firm or corporation, or any employee driver of same, operating vehicles used exclusively for transportation of ready mixed concrete on public streets and highways shall at all times while transporting ready -mixed cement have available for inspection by peace officers an invoice indicating the gross load of cement then in transport. Failure to have such invoice in possession of the operator of ready -mixed concrete vehicles shall be deemed a violation of this ordinance. (f) Any person, firm or corporation violating the terms of this ordinance shall, upon conviction, be deemed guilty of a Class C misdemeanor and punished as provided in Section 1 -8 of the Code of Ordinance of the City of Huntsville. PASSED AND APPROVED IN OPEN COUNCIL on this the 3� 7� day of , 1977. ATTEST• .!r CITY OF HUNTSVILLE BY: Af`.zr %'O'•IS . WALL •, MAYOR R IN D. COLLEY CITY ATTORNE