2000R07- NON-RADIOACTIVE HAZARDOUS MATERIALS ROUTE
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A RESOLUTION
IN SUPPORT OF AND URGING THE TEXAS DEPARTMENT OF
TRANSPORTATION TO APPROVE A NON-RADIOACTIVE
HAZARDOUS MATERIALS ROUTE, CONCERNING MATERIALS
DEEMED CAPABLE OF POSING AN UNREASONABLE RISK
TO HEALTH, SAFETY, OR PROPERTY WHEN TRANSPORTED
IN COMMERCE, WHICH AGENCY APPROVAL WOULD
ENABLE LOCAL REGULATIONS AND APPROPRIATE
AMENDMENT TO THE CITY CODE OF THE CITY OF
SCHERTZ, TEXAS, UNDER A PROSPECTIVE ORDINANCE TO
BE APPROXIMATELY ENTITLED NON-RADIOACTIVE
HAZARDOUS MATERIALS ROUTE; WHICH PROSPECTIVE
ORDINANCE COULD PROVIDE FOR SAFE LOCAL DELIVERY,
PERMISSIBLE THROUGH ROUTE DESIGNATIONS,
ENFORCEMENT, AND PENALTIES.
WHEREAS, Federal Rules for protection of public health, safety and
welfare arising from transport of hazardous materials, determined by the United
States Secretary of Transportation to be capable of posing unreasonable risk to
health, safety, or property, specifically, non-radioactive hazardous materials,
require comportment with Title 49 Code of Federal Regulations Part 397; AND,
accordingly, state law mirrors federal regulation AND also requires cities having
populations of more than 750,000 shall develop a route for commercial motor
vehicles carrying hazardous material on a road or highway within municipal
jurisdictions, subject to approval by the Texas Department of Transportation
(TXDo T); and,
WHEREAS, municipalities having populations under 750,000 may also
choose to adopt a Hazardous Materials Transportation Route Designation
Ordinance; and,
WHEREAS, state and federal laws require a public hearing, to solicit
community comment and suggestions for a proposed route, before TXDoT may
authorize such hazardous materials transportation route for non-radioactive
materials, and the City of San Antonio and the City of Schertz hosted such
hearing on January 24, 2000, as required by law; AND, the City of Schertz fully
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participated and provided attendance on the panel of fact finders at said meeting;
and,
WHEREAS, following such hearing, taking of written and oral comments,
and making of responses, the proposed route shall be duly submitted to TXDoT
for approval, in accordance with agency regulations; and, thereafter, TXDoT will
provide notice to take further comment and/or conduct another public hearing;
and, thereafter, said proposed route, having met all prerequisites of law, and
having been approved by TXDoT, shall be presented to the various participating
jurisdictions for implementation by appropriate legislation; and,
WHEREAS, federal guidelines state that it is important for a community to
develop goals and objectives; and,
WHEREAS, community goals/objectives were established 1) to designate
major highways as through routes; 2) require that local delivery be performed
making the best use of the highest classification roadway while also not traveling
on upper and lower levels of certain highways near and northwest of San Antonio
central business district; and that the Edwards Aquifer be protected from
contamination to the greatest extent possible; and,
WHEREAS, protection of the public health, safety, and welfare shall be
served by approval of such a route and by adoption of a prospective Ordinance
empowering the City of Schertz to engage in enforcement, all to the local benefit;
and,
WHEREAS, TXDoT has pledged funding toward signage installation for the
proposed non-radioactive hazardous materials route, and for which route the City
may share enforcement duties and opportunities with the State of Texas and with
other municipalities that adopt similar Ordinances to effect the route; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
THAT, the City of Schertz supports and urges the Texas Department of
Transportation (TXDoT) to approve the proposed non-radioactive hazardous
materials route affecting the City, thereafter enabling local adoption and
enforcement of the route by Ordinance, to preserve and protect the health,
safety, and property of the residents of Schertz, a copy of which proposed route,
in its present format, is attached as Exhibit A.
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THIS RESOLUTION SHALL BE EFFECTIVE UPON PASSAGE.
PASSED, APPROVED AND ADOPTED this 'Uda of March, 2000.
ATTEST:
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City Secretary, City of Schertz
(SEAL OF CITY)
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Mayor, City of Schertz, Texas