ORDINANCE NO. ____________________ AN ORDINANCE AMENDING CHAPTER 12, CODE OF ORDINANCES, CITY OF HUTTO, TEXAS, BY ADDING A NEW ARTICLE REGARDING TRUCK ROUTES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTTO, TEXAS: I. That Chapter 12 of the Code of Ordinances, City of Hutto, Texas, is hereby amended by adding an article and sections, to be designated Article 12.07 “Truck Routes”, and numbered Section 12.07.001 et seq., which said article and sections shall read as follows: Article 12.07 TRUCK ROUTES Sec. 12.07.001 Designation For the purposes of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as truck routes: Route Extent U.S. Route 79 Entire extent within corporate city limits State Highway 130 Entire extent within corporate city limits Farm to Market Road 685 Entire extent within corporate city limits County Road 137 Entire extent within corporate city limits Ed Schmidt Boulevard Entire extent within corporate city limits Limmer Loop Entire extent within corporate city limits Farm to Market Road 1660 North From Limmer Loop to corporate city limits Farm to Market Road 1660 South Entire extent within corporate city limits Document1 Sec. 12.07.002 Use Required Generally No person shall operate a truck, truck tractor, semitrailer or container upon any roads, avenues, streets or thoroughfares within the corporate limits of the city except on those which are designated as truck routes and subject to the established gross weight limits. Neither shall any person operate a heavy truck traveling through the city, with no origin or destination within the city, except on limited access state highways, i.e. U.S Route 79 and State Highway 130. Sec. 12.07.003 Exception; Point of Origin (a) The provisions of section Use Required Generally notwithstanding, in those instances where any truck traffic, originating within the corporate limits of the city, shall have as its point of origin a point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. If such truck traffic shall originate outside the corporate limits of the city and enter the city at a point which is not on a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. (b) In those cases where truck traffic originates off a designated truck route, whether inside or outside the corporate limits of the city, and the destination of the truck traffic is nearer the origin or point of entering the corporate limits of the city than is the nearest point on a designated truck route by the most direct route possible, it shall not be necessary to proceed to the nearest designated truck route. (c) In those instances where the truck traffic has neither its point of origin nor destination within the corporate limits of the City of Hutto, its extraterritorial jurisdiction, or the corporate limits of any city adjacent to the City of Hutto, then such truck traffic shall only be allowed on a limited-access State Highway, i.e. U.S. Route 79 and State Highway 130. Sec. 12.07.004 Loading, Unloading, and Repair of Trucks Truck traffic restricted to the streets designated as truck routes may depart such truck routes when it is necessary to load, unload or seek repairs, at a location situated off designated truck routes; provided, however, that such truck traffic shall not leave any designated truck route until such truck traffic has reached a point on some designated truck route which is nearest the applicable place of loading, unloading or servicing by the most direct route possible. All required loading berths and facilities for truck repair shall be off-street and located on the same lots as the building or use to be served. After leaving a designated truck route to load or unload, truck traffic may continue off truck routes to as many points of destination as necessary. If, in the course of making the necessary stops for loading and unloading, the truck traffic shall cross a designated truck route, then, in that event, such truck shall not again leave any designated truck routes until it has reached a point on some designated truck route which is nearest to the next place of loading and unloading by the most direct route possible. Sec. 12.07.005 Alternate Routes Whenever any street or roadway designated as a truck route is under repair, or otherwise temporarily out of use, the chief of police shall be authorized to designate alternate truck routes. 2 II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this _____ day of ____________________, 2013. Alternative 2. READ and APPROVED on first reading this the _____ day of ____________________, 2013. READ, APPROVED and ADOPTED on second reading this the _____ day of ____________________, 2013. 3 __________________________________ Debbie Holland, Mayor City of Hutto, Texas ATTEST: Christine Martinez, City Secretary 4