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<br />181 . <br /> <br /> CI) <br />'" Ln 0 <br />C) ~e <br />C) a:m <br />(-...J w:i <br />W.g ~ ...Je: <br />~ ,.... Om <br />>-CJ) <br />....J ~- <br />-0 <br />::::> u>. <br />-, ~ <br /><( 0 <br /> <br />ORDINANCE NO. 2005 - 58 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS AMENDING CHAPTER 82, TRAFFIC <br />AND VEHICLES, OF THE SAN MARCOS CITY CODE BY <br />ADDING SECTION 82.101 ESTABLISHING LANE USE <br />RESTRICTIONS FOR TRUCKS UPON THE PORTION OF IH- <br />35 WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN <br />MARCOS; INCLUDING PROCEDURAL PROVISIONS; AND <br />PROVIDING FOR PENALTIES. <br /> <br />RECITALS <br /> <br />1. Pursuant to Texas Transportation Commission Minute Order #109677 <br />passed May 27, 2004, a copy of which is attached hereto as Exhibit "A", the City Council <br />desires to establish lane use restrictions for trucks upon that portion of IH-35 within the <br />corporate limits of the City of San Marcos in accordance with Section 545.0651 of the <br />Texas Transportation Code. <br /> <br />2. A description of the restrictions established in this Ordinance has been <br />provided to the Texas Department of Transportation pursuant to Section 545.0651 of the <br />Texas Transportation Code and has been approved by the Executive Director of the Texas <br />Department of Transportation or the Director's designee. <br /> <br />3. The City Council finds that the health, safety, and welfare of the public will be <br />served by adopting the restrictions set forth in this Ordinance. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Chapter 82, Traffic and Vehicles, of the San Marcos City Code is <br />amended by adding Section 82.101 to read as follows: <br /> <br />Sec. 82.101. Truck lane use restrictions on IH-35. It shall be unlawful for any <br />person driving or operating a "truck" (as defined in Section 541.201 of the Texas <br />Transportation Code) that has three or more axles, or a IItruck tractorll (as defined in <br />Section 541 .201 of the Texas Transportation Code) on the portions of I H-35 located <br />within the incorporated limits of the city to utilize any controlled access lane other than <br />the two controlled access lanes on each side of IH-35 (northbound and southbound) <br />that are most immediately to the right ofthe left~hand (or inner) controlled access lane. <br />This prohibition shall apply regardless of whether the truck or truck tractor is drawing <br />another vehicle or trailer, <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph ofthis ordinance <br />