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ORD 1431 1/9/20241 Or c/o 4 0 U O rez �• •rnramoxr ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS AMENDING AND ENACTING REGULATIONS WITH REGARDS TO REGULATING THE ACTIVITIES OF COMMERCIAL TRUCKS IN THE CITY OF CIBOLO BY AMENDING CHAPTER 74, TRAFFIC AND VEHICLES; PROVIDING FOR UNLAWFUL ACTS AND EXEMPTIONS TO THE REGULATIONS; PROVIDING FOR THE NOTIFICATION OF NO THRU TRUCK TRAFFIC BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE COMMERCIAL TRUCKS IN THE CITY OF CIBOLO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, heavy truck traffic on certain streets in the City of Cibolo is creating a hazard threatening the health, safety and welfare of motorists and pedestrians, and creating unnecessary destruction of streets and pavement not designed for such traffic; and WHEREAS, the City of Cibolo has exclusive control and power over the streets, alleys, and public grounds and highways of the City pursuant to Transportation Code §311.001, as it may be amended; and WHEREAS, vehicles of extraordinary weight and size can contribute to rapid destruction of surface streets typical to residential areas; and WHEREAS, the City desires to eliminate such hazards and destruction by regulating and restricting truck traffic at such locations; WHEREAS, the City passed Ordinance 1249 in October 2018 to enact regulations with regards to regulating the activities of commercial trucks in the City of Cibolo and provided for unlawful acts and exemptions to the regulations, the notification of No Thru Truck traffic by installation fof signs and markers, and penalties for violations of the Ordinance; WHEREAS, the City has twice amended Ordinance 1249 to modify the regulations and update the "No Thru Truck Traffic" list of streets by adoption of Ordinance 1321 in November 2020 and Ordinance 1381 in October 2022; and WHEREAS, the City now desires to amend Section 74-38(d) (Through Truck Traffic) of Chapter 74 (Traffic and Vehicles) of the City of Cibolo's Code of Ordinances by adding Vista Del Rey and Country Vale to the list of streets prohibiting through truck traffic. Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cibolo, Texas that the following regulations and provisions be adopted: SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby incorporated as part of this Ordinance. SECTION 2: Amendments to Chapter 74. Chapter 74 ("Traffic and Vehicles") shall be amended as set forth herein and incorporated by reference, which is entitled "Operation of Vehicles" and which shall have the full force of law and shall be amended by adding Sections 74-38 as follows: Sec. 74-38 Through truck traffic (a) It shall be unlawful for any person to drive or operate,any truck or other vehicle: (1) registered to have a gross vehicle weight rating in excess of 22,000 pounds according to the manufacturer's specifications; or (2) with tandem or more axles; on any street, roadway, highway or segments of such street, roadway, or highway within the city limits when such street is marked with a sign prohibiting through truck traffic. (b) Exceptions. The provisions of this section shall not apply to vehicles that are: (1) Owned, leased, used or in service to the city, the county, the state or the United States; (2) School buses and public buses; (3) Emergency vehicles in route to and returning from an emergency, including any wrecker or tow trucks; (4) Making home deliveries or pickups of goods or services to a residence located on said street; (5) Mobile homes which are being installed or removed from within the boundaries of the city; (6) Travel trailers, boats and recreational vehicles; (7) Owned or used in the service of public utilities when in the performance of their duties; or (8) Making business deliveries to or pickups from a business or construction site located on said street. (c) If the point of origin or destination (for commercial purposes only) for any such truck shall be off such street, roadway or highway and the only route to such location is by using such street, then such truck may proceed by the most direct route to and from the nearest street, roadway or highway not so marked. A bill of lading, routing sheet or other such documentation portraying the specific address from which the merchandise, goods or services are to be picked up to the address to which the delivery is to be made is prima facie proof of legitimacy. Page 2 of 4 (d) The following streets are designated as "No Through Truck Traffic" streets: ■ North Main Street from TxDOT FM 1103 to Union Pacific Railroad (UPRR) ■ South Main Street from Union Pacific Railroad (UPRR) to TxDOT FM 78 ■ Tolle Road from Weil Road to Country Lane ■ Country Lane from Tolle Road to TxDOT FM 78 ■ Haeckerville Road from TxDOT FM 78 to TxDOT Interstate 10 Frontage Road ■ Cibolo Valley Drive from Old Weiderstein to North Main Street ■ Green Valley Road from Green Valley Loop to Southern Way ■ Green Valley Road from F.M. 1103 northeast to the Cibolo city limits. ■ Weil Road from Brite Road to FM 1103 ■ Green Valley Loop ■ Persimmon Drive ■ Woodland Oaks Drive (within Cibolo) ■ Bolton Road ■ Zuehl Road ■ Brite Road ■ Vista Del Rey ■ Country Vale (e) The city shall erect "No Through Truck Traffic" signs in conformance with the Texas Transportation Commission's Manual on Uniform Traffic Control Devices on the aforementioned roadways. SECTION 3. Penal . It shall be unlawful to do or perform any act prohibited in this Ordinance, and it shall be unlawful to fail to do or perform any act required in this Ordinance. Any person violating any of the provisions of this article shall be deemed guilty of a class "C" misdemeanor, which shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, subsections, clauses, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared void. SECTION 5. Conflicting Ordinances or Resolutions. All resolutions or ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted and amended herein, are hereby REPEALED to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other resolution, code or ordinance of the City, or parts thereof, the terms and provisions of this ordinance shall govern. SECTION 6. Effective Date. The City shall publish this Ordinance in the newspaper designated as the official newspaper of the City twice as required by Section 3.13 (3) of the City Charter. The following rules will apply within the corporate city limits of Cibolo upon the required newspaper requirement and the installation of signs designating the No Truck Traffic". Page 3 of 4 PASSED, APPROVED, THIS _F/ DAY OF JANUARY 2024. Mark Allen Mayor ATTEST J^ Peggy Cimics, TRMC City Secretary Page 4 of 4 NO THRU TRUCK ROUTES: • North Main Street from TxDOT FM 1103 to Union Pacific Railroad (UPRR) • South Main Street from Union Pacific Railroad (UPRR) to TxDOT FM 78 • Tolle Road from Weil Road to Country Lace • Country Lane from Tolle Road to TxDOT FM 78 • Haeckerville Road from TxDOT FM 78 in TxDOT Interstate 10 Frontage Road • Cibolo Valley Drive from Old Weiderstein to North Main Street • Green Valley Road from Green Valley Loop to Southern Way • Green Valley Road from F.M. 1103 northeast to the Cibolo city limits. • Weil Road from Brite Road to FM 1103 • Green Valley Loop • Persimmon Drive • Woodland Oaks Drive (within Cibolo) • Bolton Road • Zuehl Road • Brite Road • Vista Del Rey • Country Vale