Gas Letdown Generator - Rockport, TX

Transcription

CITY OF ROCKPORT
AGENDA
CITY COUNCIL WORKSHOP MEETING
1:30 p.m., Tuesday, July 24, 2012
Rockport City Hall, 622 East Market Street
NOTICE is hereby given that the Rockport City Council will hold a Workshop Meeting on
Tuesday, July 24, 2012 at 1:30 p.m. at the Rockport City Hall, 622 E. Market, Rockport, Texas. The
following subjects will be discussed to wit:
I.
CALL TO ORDER.
II.
ITEMS FOR CONSIDERATION
A. Hear and deliberate on presentation of General Land Office Disaster Recovery Grants
awarded to the City of Rockport for drainage improvements in South Rockport.
B. Hear and deliberate on presentation on a gas letdown generator by Helix Power Generators,
Inc.
C. Hear and deliberate on update of traffic control devices on Hwy. 35-Relief at FM 3036.
D. Deliberate on possible amendments to Code of Ordinances Article VI - Golf Carts and
Neighborhood Electric Vehicles.
E. Deliberate on proposed amendments to Chapter 70 “Parks and Recreation”, Article I. “In
General”.
F. Deliberate on proposed amendments to Zoning Ordinance Article 3 “Definitions” as
identified by legal review.
G. Deliberate on proposed amendments to Zoning Ordinance Article 4 “Districts and General
Provisions” as identified by legal review.
H. Deliberate on proposed amendments to Zoning Ordinance Article 24 “Special Conditions” as
I. Deliberate on proposed amendments to Zoning Ordinance Article 23 “Special Permit
Regulation” as identified by legal review.
J. Deliberate on possible amendments to the rules/regulations of each standing
board/commission of the City Council.
City of Rockport, Texas
July 24, 2012 City Council Workshop Agenda
Page 1 of 2 Pages
III.
ADJOURNMENT
NOTICE
This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive
services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at 361/729-2213 ext. 225 or FAX
361/790-5966 or E-Mail [email protected] for further information. Braille Is Not Available. The City of Rockport
reserves the right to convene into Closed Session under Government Code 551.071-551.074 and 551-086.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at City Hall, 622
E. Market Street, Rockport, Texas on Friday, July 20, 2012 at 5:00 p.m. and on the City’s webpage
at www.cityofrockport.com. I further certify that the following News Media were properly notified
of this meeting as stated above: The Rockport Pilot, Coastal Bend Herald, and Corpus Christi
Caller Times.
Irma Parker, City Secretary
I certify that the attached notice and agenda of items to be considered by the City Council
was removed by me from the bulletin board at City on the
day of
2012.
Title:
City of Rockport, Texas
July 24, 2012 City Council Workshop Agenda
Page 2 of 2 Pages
CITY COUNCIL AGENDA
Workshop Meeting: Tuesday, July 24, 2012
AGENDA ITEM: II.A.
Hear and deliberate on presentation of General Land Office Disaster Recovery Grants awarded
to the City of Rockport for drainage improvements in South Rockport.
SUBMITTED BY:
Public Works Director Billy Dick
APPROVED FOR INCLUSION ON AGENDA: PKC
BACKGROUND: City of Rockport received grant funds in the amount of $1,000,000, in each
of two cycles, from the GLO to perform drainage enhancements on the South side of Rockport,
beginning at the Outfall at Loop 70 and ending on the west side of Hwy 35 Business. The
project consists of installation of approximately 1,625 lf of box culverts and approximately 6,590
lf of reinforced concrete pipe ranging in size from 15” to 36”. The 2.1 grant is expected to be
completed in October 2013 and the 2.2 grant is just beginning and does not have a timeline yet.
All associated costs, including waterline adjustment and pavement repairs, are included in the
scope of work. See the accompanying map, cost estimates for additional detail.
FISCAL ANALYSIS: The grant pays 100% of the cost of the project, with no cash match due
from the City. Inspection and administrative services performed by City personnel are
documented as in-kind services.
STAFF RECOMMENDATION:
Agwksp120724-DRF funds
Page 1 of 1 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. B
Hear and deliberate on presentation on a gas letdown generator by Helix Power Generators, Inc.
SUBMITTED BY:
Public Works Director Billy Dick
SUMMARY STATEMENT: Terry Hanks of Helix Power Generators will be giving a
presentation on the re-use of pressure generated at the natural gas regulator station.
BACKGROUND: As gas letdown generator utilizes the difference in pressure at the City’s gate
(where we take gas from the distributor) and converts it into electricity. Staff has met with
representatives from Helix Power Generators, Inc., about a 250 kW generator at the north gate
regulator station. See the accompanying PowerPoint presentation for more detail. A
representative from Helix will give a presentation on the proposal.
FISCAL ANALYSIS: See accompanying PowerPoint presentation.
Agwksp120724-Helix Power Generators
Page 1 of 1 Pages
14300 Ellington Park Blvd., Webster, TX 77598 www.HelixPG.com
Gas Letdown Generator
Proposal
City of Rockport
July, 2012
Helix Power Generators, Inc.,
An authorized dealer for Langson Energy, Inc.
Points of Discussion
Overview
¾
¾
¾
¾
¾
Helix Power Generators, Inc.
Electricity in Texas
Financial Proposal
Questions
City of Rockport Proposal
July, 2012
Gas
Letdown
Generator
The Gas Letdown Generator converts
pressure from your natural gas line
(which is kinetic energy) that is being used by
mechanical regulating devices such as control valves
and regulators (at pressure letdown stations/city gates)
into clean, green, low cost electricity.
Installation
Gas Letdown Valves
Typical
Gas Letdown Station
Ground Level
“PRV” – Pressure
Reducing Valve
Rockport City Gate
Power is like a river . . .
Put a cup of water in
at one location and
take a cup of water out
At another location.
Electricity in Texas
Texas Public Utility Commission (PUC)
Retail Electric Providers-REP
REP 1
REP 2
REP 3
FERC
The Federal Energy Regulatory Commission,
or FERC, is an independent agency that regulates
the interstate transmission of electricity,
natural gas and oil.
Qualifying Facility Designation
QF
The Public Utility Regulatory Policies Act of 1978
(PURPA) was implemented to encourage
conservation of electric energy.
PURPA established a new class of generating
facilities known as qualifying facilities (QFs) in
which there are two categories: qualifying small
power production facilities and qualifying
cogeneration facilities.
Small Power Production facility
A small power production facility is a generating facility of 80 MW or less
whose primary energy source is renewable (hydro, wind or solar), biomass,
waste or geothermal resources.
Cogeneration facility
A cogeneration facility is a generating facility that sequentially produces
electricity and another form of useful thermal energy (such as heat or
steam) in a way that is more efficient than the separate production of both
forms of energy.
(Example) In additional to the production of electricity, large cogeneration facilities
might provide steam for industrial uses in facilities such as paper mills, refineries,
factories, or for HVAC applications in commercial or residential buildings.
City of Rockport
Financial Proposal
The Business Model:
Cost Savings
¾ Supply power at the City Gate at
a cost of around 3 cents kWh
¾ Consume power at city facilities and
avoid the 8 cents/kWh cost
NET EFFECT:
8 cents – 3 cents = 5 cents/kWh savings
Financial Options:
¾ Cash
¾ Installment Sales Contract
¾ Leasing
¾ Power Purchase Agreement*
* Difficult to do with less than 1MW
Gas Letdown Generator Advantages
Rockport High Month
Rockport Low Month
Rockport Year pg 1
Rockport Year – pg2
CITY COUNCIL AGENDA
AGENDA ITEM: II. C
Hear and deliberate on update of traffic control devices on Hwy. 35-Relief at FM 3036.
SUBMITTED BY:
City Manager Kevin Carruth
BACKGROUND: Earlier this year Council indicated an interest in making a request to the
Texas Department of Transportation (TxDOT) to change the existing “yield” sign for northbound
drivers turning east onto FM 3036 to a “stop” sign because of perceptions of motorist confusion
about the right hand “yield” sign and left hand “stop” sign (for traffic turning west). Over the
intervening time staff has had multiple discussions with the Area Engineer and other TxDOT
staff to discuss possible improvements to the intersection. Staff has also observed traffic at the
location several times at different times of the day and also researched the history of accidents at
this intersection. Approximately two hours of observations over multiple periods have yielded
the following comments:
1. The large majority of traffic turns east onto FM 3036.
2. Very, very few vehicles turning east actually stop.
3. Most vehicles will slow down but continue their line of travel into the acceleration lane
on FM 3036.
4. A limited number proceed through the turn with minimal reduction in speed.
5. Installing a “stop” sign for right hand traffic will lead to a queue of multiple stopped cars,
decreasing the amount of time northbound drivers coming over the hill have to reduce
speed.
Since January 1, 2010, Police Department records show a total of five motor vehicle accidents at
the location, as detailed below:
Date
03/31/10
10/21/11
12/01/11
05/03/12
05/06/12
Description of Accident Involving Northbound Drivers
Driver in left turn lane & decided to turn right but crossed FM 3036
Driver yielded when had a protected right turn
Driver failed to yield at stop sign when turning left
Driver in right lane did not slow down and drove across FM 3036
Driver in right lane decided to turn left instead
Of these five accidents in the last 31 months, only one has been a driver turning east being rearended or a driver turning east hitting an existing eastbound vehicle.
TxDOT has made the following improvements to the intersection since we began our dialogue
with them:
Bypass 35 @ FM 3036
Page 1 of 2 Pages
1.
2.
3.
4.
Gave more pavement room to the right turn and opened up the turning radius.
Restriped the intersection
Delineated the outside edge of the curve.
Looked at repositioning the existing “stop” sign so that it is clearer to motorists that it
applies to westbound traffic only.
TxDOT does not currently believe conditions warrant major changes to the traffic control
devices and wants to continue to observe the intersection and see how the changes impact driver
behavior.
FISCAL ANALYSIS:
STAFF RECOMMENDATION: Given (1) the accident history of this intersection, (2) the
recent improvements made by TxDOT, and (3) that it is likely there will be more total accidents
and more severe accidents resulting from reduced reaction time for northbound traffic because of
a long queue of stopped vehicles, staff recommends continued monitoring and leaving the
“yield” sign in place for right turn traffic.
Bypass 35 @ FM 3036
Page 2 of 2 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. D
Deliberate on possible amendments to Code of Ordinances Article VI - Golf Carts and
Neighborhood Electric Vehicles.
SUBMITTED BY: Police Chief Tim Jayroe
BACKGROUND: Since the adoption of the golf cart and neighborhood electric vehicle
ordinance in January 2011, the City has licensed 85 vehicles. Three issues have arisen over the
last 19 months since the ordinance was adopted. First, requests have been received asking that
Sec. 98-131(a)(3)(a) be deleted so that vehicles can be driven at night. Section 551.403(3)(A) of
the Texas Transportation Code explicitly states that golf carts can only be operated in the
daytime so the question is moot.
Second, citizens have inquired about the ability to operate golf carts on the soon to be completed
Tule Hike and Bike Trail, which will connect Memorial Park, Whistler’s Cove subdivision, and
retail businesses on Hwy. 35 Business (this is also part of the discussion for agenda item II.I.).
Currently, Sec. 70-5 of the Code of Ordinances prohibits the use of a motor vehicle on park
grounds unless it is a street or parking lot. It is anticipated the 10-foot wide concrete Tule Hike
and Bike Trail will receive considerable interest from golf cart operators.
Third, Staff has received several requests, particularly from Winter Texans, that we consider
adding to Sec. 98-130 various All-Terrain Vehicles (ATV) and Utility/Recreational OffHighway Vehicles (ROVs) to the list of vehicles approved for street operation. One ATV
vehicle was approved by the City Manager in 2011. State law prohibits the operation of ATVs
and ROVs on public roads unless the driver is a farmer or rancher traveling no more than 25
miles, a public utility worker, or law enforcement officer. (ROVs owned by a state or local
government for use on a public beach or highway to maintain public safety and welfare are also
allowed.) This question also appears to be moot.
FISCAL ANALYSIS:
Ordinance Golf Carts.doc
Page 1 of 8 Pages
ARTICLE VI. - GOLF CARTS AND NEIGHBORHOOD ELECTRIC VEHICLES
Sec. 98-130. - Definitions.
Sec. 98-131. - Operation in master planned community, public/private beach, public
highway
Sec. 98-132. - Requirements for operation in corporate city limits.
Sec. 98-133. - Prohibitions.
Sec. 98-130. - Definitions.
Golf cart means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course.
[Texas Transportation Code Sec. 502.001]
Neighborhood electric vehicle (NEV) means a vehicle that can attain a maximum speed of 35 miles per hour on a
paved level surface and otherwise complies with Federal Motor Vehicle Safety Standard 500: Low-Speed Vehicles
(Effective 6-17-98) This standard specifies requirements for low-speed vehicles. A low-speed vehicle is a 4-wheeled
motor vehicle, other than a truck, whose attainable speed is more than 32 km/h (20 mph) and not more than 40 km/h
(25 mph). The standard requires ten specific items of safety equipment. [not listed]. [Texas Transportation Code
Sec. 551.301(1)]
Sec. 98-131. - Operation in master planned community, public/private beach, public highway
(a) An operator may operate a golf cart or NEV in compliance with Texas Transportation Code, Section 551.403
as amended:
(1)
(2)
In a master planned community;
a.
That has in place a uniform set of restrictive covenants; and
b.
For which a county or municipality has approved a plat;
On a public or private beach; or
(3) On a public highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart
is operated:
a.
During the daytime; and
b.
Not more than two miles from the location where the golf cart is usually parked and for
transportation to or from a golf course.
(b)
Nothing in this article shall supersede the Texas Transportation Code, Section 551.403 as amended.
(Ord. No. 1528, § 1, 1-25-11)
Sec. 98-132. - Requirements for operation in corporate city limits.
The operation of golf carts and NEVs within the corporate limits of the City of Rockport upon its public streets and
public rights-of-way are hereby authorized when all of the following requirements are met:
(a) A golf cart or NEV operated under this subsection are only authorized upon a public street or public
right-of-way with a speed limit of 35 mph or less during daylight hours only with the required headlights and
tail lights on;
(b) A golf cart or NEV operated under this subsection must have the following equipment the city is adding
additional requirements; state law can be referenced above.
Page 2 of 8 Pages
(1)
Headlamps;
(2)
Tail lamps;
(3)
Reflectors;
(4)
Parking brake;
(5)
Mirrors;
(6)
Turn signals;
(7)
A "slow moving vehicle" reflective triangle affixed to the rear;
(8)
Seat belts; and
(9)
A flag on a six foot pole affixed to rear of golf cart or NEV.
(c) A golf cart or NEV operated under this subsection must have the required equipment verified and
inspected by the Rockport Police Department.
(d) A fee of $10.00 shall be charged for inspection and registration. The inspection decal must be carried
with the golf cart when it is in motion and the registration must be affixed to the center of the "slow moving
vehicle" reflective triangle. (Fee is one-time unless violations occur at which time an additional registration
fee of $10.00 will be charged.)
(e) An operator of a properly equipped, inspected and registered golf cart or NEV must possess a valid
driver license and obey all Texas laws and traffic regulations.
(f) The properly equipped, inspected and registered golf cart or NEV must be covered by insurance equal
to the current Texas requirement for a licensed motor vehicle. This coverage may be by a separate policy or
covered by the owner's homeowners insurance policy.
Sec. 98-133. - Prohibitions.
(a) Golf carts and NEVs are prohibited on any roadway in the State Highway System including Farm to Market
Roads located within the corporate boundaries of the city regardless of the speed limit on that portion of the State
Highway or Farm to Market Road.
(b) Golf carts and NEVs are prohibited on any sidewalk or hike and bike trail within the corporate boundaries of
the city.
Page 3 of 8 Pages
MISCELLANEOUS INFORMATION INCLUDED IN VARIOUS ADOPTED GOLF
CART ORDINANCES
Golf carts or UTV's shall only be allowed to be operated on village streets between one-half hour before sunrise, and
one-half hour after sunset, as established by the National Weather Service.
Golf carts and UTV's may not be operated when visibility is impaired by weather, smoke, fog, or other conditions or
at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500
feet.
Any person who operates a golf cart or UTV on the streets of the Village of Arthur must adhere to all applicable
state laws concerning the possession and use of alcoholic beverages and all illegal drugs, as well as all other state
traffic laws.
(L) The maximum occupancy of golf carts and UTV's traveling on village streets shall be equal to the amount of
safety belts or passenger restraints in the golf cart or UTV.
(M) Each driver and passenger of a golf cart or UTV shall wear a properly fastened and adjusted seat safety belt.
Children must be secured in a child restraint system as required pursuant to the Child Passenger Protection Act (625
ILCS 25/1 et seq.).
Golf carts and UTV's are only allowed to park in handicapped parking spaces if the driver or at least one passenger
has a valid handicapped parking sticker.
Page 4 of 8 Pages
INFORMATION DOWNLOADED FROM
TEXAS DEPARTMENT OF MOTOR VEHICLES
Golf Carts, LSVs, NEVs, ROVs, & ATVs
Low-Speed Vehicles (LSVs), also known as Neighborhood Electric Vehicles (NEVs), and golf
carts are regulated by state and federal laws. Registered, titled and insured NEVs may be legally
driven at a maximum speed of 35 mph on public roads with a posted speed limit of 45 mph or
less, unless a city or county ordinance prohibits their operation.
The TxDMV does not title or register golf carts. However, state law provides an exception in
Grayson County, allowing those residents to purchase "golf cart" license plates. Golf cart owners
who received a title before the law changed on September 1, 2009, are not required to return
their titles to the TxDMV.
For Driver License requirements to operate any of these vehicles, contact your local law
enforcement agency.
What are the rules regarding Low-Speed and Neighborhood Electric
Vehicles?
A vehicle is classified as an LSV or NEV if it has:
•
•
•
•
•
•
•
•
•
•
a normal maximum speed of 20-25 mph (LSV) or 20-35
mph (NEV),
seat belts,
head and tail lights,
a windshield,
a parking brake,
turn signals,
rear-view mirrors,
brake lights,
reflectors, and
a valid 17-digit Vehicle Identification Number (VIN)
To title and register your LSV or NEV, take the following to your county tax assessorcollector office:
•
•
•
evidence of ownership, such as a Manufacturer Certificate of Origin or title,
a completed Form 130-U, and
proof of insurance.
Page 5 of 8 Pages
What are the rules regarding golf carts?
A vehicle is classified as a golf cart if it:
•
•
•
has no less than three wheels,
has a normal maximum speed of between 15-25 mph,
and
is manufactured primarily for operation on golf
courses.
TxDMV does not register or title golf carts.
Registration is not needed to operate your golf cart on a public road. State law allows for use
of golf carts with a slow-moving vehicle emblem in the following situations:
•
•
•
•
in master planned communities with a uniform set of restrictive covenants in place,
on public or private beaches,
during the daytime and no more than two miles from where the owner usually parks
the golf cart and for transportation to or from a golf course, or
to cross intersections, including a road or street that has a posted speed limit of more
than 35 miles per hour.
A city can pass a local ordinance allowing for use of golf carts on additional roads. The road
must be within the boundaries of the city and with a speed limit of 35 mph or lower.
In these cases, the golf cart must be insured and have the following minimum equipment:
•
•
•
•
•
•
headlamps,
tail lamps,
reflectors,
parking brake,
mirrors, and
a slow-moving vehicle emblem.
The state, a county, or a city may prohibit golf cart operation on all or part of a public road
in the interest of safety.
Note: An exception for Grayson County allows for the issuance of Golf Cart License Plates.
Grayson County golf cart owners must take the following to their county tax office to
purchase golf cart license plates:
•
•
•
Evidence of ownership, such as a Manufacturer Certificate of Origin (MCO), title,
bill of sale or invoice.
If your golf cart does not have a valid VIN, one may be assigned from the Dallas
regional service center.
Completed Form VTR 130-U.
Page 6 of 8 Pages
What are the rules regarding All-Terrain Vehicles?
All-Terrain Vehicles (ATVs) are regulated by state and federal laws.
A vehicle is classified as an ATV if it:
•
•
•
•
has a saddle seat,
has three or more wheels,
is designed for off-highway use, and
is not designed by the manufacturer for farm or lawn
care.
ATVs may not be driven on public roads unless the driver is:
•
•
•
a farmer or a rancher traveling no more than 25 miles,
a public utility worker, or
a law enforcement officer.
ATVs driven on a public road must have a triangular orange flag on top of an eight-foot pole
attached to the back of it.
To be operated on public property, ATVs must have:
•
•
•
•
•
a brake system,
a muffler system,
a United States Forest Service qualified spark arrester,
head and tail light, and
an Off Highway Vehicle decal issued by the Texas Parks and Wildlife Department.
For further details on ATV operation on public land in Texas, visit the Texas Parks and
Wildlife Department Off Highway Vehicle Program or call (512) 389-8917.
What are the rules regarding Utility Type Vehicles or Recreational OffHighway Vehicles?
Utility-type vehicles (UTVs) are defined as Recreational Off-Highway Vehicles (ROVs),
which are generally used for maintenance, hunting or recreation. They are required to be
titled but may not be driven on public roads.
A ROV is a motor vehicle that is equipped with:
•
•
a non-straddle seat for the use of the rider (and
passenger),
is designed to propel itself with four or more tires
in contact with the ground,
Page 7 of 8 Pages
•
•
is designed by the manufacturer for off-highway use and
is not designed by the manufacturer for farm or lawn care.
ROVs may not be driven on public roads unless the:
•
•
•
•
vehicle is owned by a state, county or municipality and operated on a public beach or
highway to maintain public safety and welfare,
driver is a farmer or a rancher traveling no more than 25 miles,
driver is a public utility worker, or
driver is a law enforcement officer.
To be operated on public property, ROVs must have:
•
•
•
•
•
a brake system,
a muffler system,
a United States Forest Service qualified spark arrester,
head and tail light, and
an Off Highway Vehicle decal issued by the Texas Parks and Wildlife Department.
For further details on ATV operation on public land in Texas, visit the Texas Parks and
Wildlife Department Off Highway Vehicle Program or call (512) 389-8917.
ROVs may be eligible for a title exemption if:
•
It is primarily used for farming or lawn care use by the owner.
To qualify for a title exemption, the customer must complete Recreational Off-Highway
Vehicle Used for Farming or Lawn Care, Form VTR-329, certifying the ROV will be used
primarily for framing or lawn care.
ROVs that do not qualify for a title exemption include any model with multiple rows of
seats (even if it includes a cargo box). For example, vehicles that are commonly used on the
grounds of large apartment complexes and living communities.
Page 8 of 8 Pages
7/19/12
TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
SUBCHAPTER A. APPLICATION OF CHAPTER
Sec. 551.001. PERSONS AFFECTED. Except as provided by
Subchapter C, this chapter applies only to a person operating a
bicycle on:
(1) a highway; or
(2) a path set aside for the exclusive operation of
bicycles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1318, Sec. 4, eff. Sept. 1, 2003.
Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
provision of this subtitle applicable to a bicycle also applies to:
(1) a moped, other than a provision that by its nature
cannot apply to a moped; and
(2) an electric bicycle, other than a provision that by
its nature cannot apply to an electric bicycle.
SUBCHAPTER B. REGULATION OF OPERATION
Sec. 551.101. RIGHTS AND DUTIES. (a) A person operating a
bicycle has the rights and duties applicable to a driver operating
a vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty;
or
(2) a right or duty applicable to a driver operating a
www.statutes.legis.state.tx.us/docs/TN/htm/TN.551.htm
1/11
7/19/12
vehicle cannot by its nature apply to a person operating a bicycle.
(b) A parent of a child or a guardian of a ward may not
knowingly permit the child or ward to violate this subtitle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 551.102. GENERAL OPERATION. (a) A person operating a
bicycle shall ride only on or astride a permanent and regular seat
attached to the bicycle.
(b) A person may not use a bicycle to carry more persons than
the bicycle is designed or equipped to carry.
(c) A person operating a bicycle may not use the bicycle to
carry an object that prevents the person from operating the bicycle
with at least one hand on the handlebars of the bicycle.
(d) A person operating a bicycle, coaster, sled, or toy
vehicle or using roller skates may not attach either the person or
the bicycle, coaster, sled, toy vehicle, or roller skates to a
streetcar or vehicle on a roadway.
Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided
by Subsection (b), a person operating a bicycle on a roadway who is
moving slower than the other traffic on the roadway shall ride as
near as practicable to the right curb or edge of the roadway,
unless:
(1) the person is passing another vehicle moving in the
same direction;
(2) the person is preparing to turn left at an
intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed
or moving object, parked or moving vehicle, pedestrian, animal, or
surface hazard prevents the person from safely riding next to the
right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane
that is:
(A) less than 14 feet in width and does not have a
designated bicycle lane adjacent to that lane; or
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(B) too narrow for a bicycle and a motor vehicle to
safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with
two or more marked traffic lanes may ride as near as practicable to
the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two
abreast. Persons riding two abreast on a laned roadway shall ride
in a single lane. Persons riding two abreast may not impede the
normal and reasonable flow of traffic on the roadway. Persons may
not ride more than two abreast unless they are riding on a part of
a roadway set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff.
Sept. 1, 2001.
by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
operate a bicycle unless the bicycle is equipped with a brake
capable of making a braked wheel skid on dry, level, clean
pavement.
(b) A person may not operate a bicycle at nighttime unless
the bicycle is equipped with:
(1) a lamp on the front of the bicycle that emits a white
light visible from a distance of at least 500 feet in front of the
bicycle; and
(2) on the rear of the bicycle:
(A) a red reflector that is:
(i) of a type approved by the department; and
(ii) visible when directly in front of lawful
upper beams of motor vehicle headlamps from all distances from 50
to 300 feet to the rear of the bicycle; or
(B) a lamp that emits a red light visible from a
distance of 500 feet to the rear of the bicycle.
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Sec. 551.105. COMPETITIVE RACING. (a) In this section,
"bicycle" means a nonmotorized vehicle propelled by human power.
(b) A sponsoring organization may hold a competitive bicycle
race on a public road only with the approval of the appropriate
local law enforcement agencies.
(c) The local law enforcement agencies and the sponsoring
organization may agree on safety regulations governing the movement
of bicycles during a competitive race or during training for a
competitive race, including the permission for bicycle operators to
ride abreast.
Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
department or a local authority may not prohibit the use of an
electric bicycle on a highway that is used primarily by motor
vehicles. The department or a local authority may prohibit the use
of an electric bicycle on a highway used primarily by pedestrians.
(b) The department shall establish rules for the
administration of this section.
Added by Acts 2001, 77th Leg., ch. 1085, Sec. 12, eff. Sept. 1,
2001.
SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
Sec. 551.201. DEFINITION. In this subchapter, "electric
personal assistive mobility device" means a two non-tandem wheeled
device designed for transporting one person that is:
(1) self-balancing; and
(2) propelled by an electric propulsion system with an
average power of 750 watts or one horsepower.
2003.
Sec. 551.202. OPERATION ON ROADWAY. (a) A person may
operate an electric personal assistive mobility device on a
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residential street, roadway, or public highway with a speed limit
of 30 miles per hour or less only:
(1) while making a direct crossing of a highway in a
marked or unmarked crosswalk;
(2) where no sidewalk is available; or
(3) when so directed by a traffic control device or by a
law enforcement officer.
(b) A person may operate an electric personal assistive
mobility device on a path set aside for the exclusive operation of
bicycles.
(c) Any person operating an electric personal assistive
mobility device on a residential street, roadway, or public highway
shall ride as close as practicable to the right-hand edge.
(d) Except as otherwise provided by this section, provisions
of this title applicable to the operation of bicycles apply to the
operation of electric personal assistive mobility devices.
2003.
Sec. 551.203. SIDEWALKS. A person may operate an electric
personal assistive mobility device on a sidewalk.
2003.
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES
Sec. 551.301. DEFINITION. In this subchapter, "neighborhood
electric vehicle" means a vehicle that can attain a maximum speed
of 35 miles per hour on a paved level surface and otherwise
complies with Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).
2003; Acts 2003, 78th Leg., ch. 1325, Sec. 19.07, eff. Sept. 1,
2003.
Amended by:
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Acts 2005, 79th Leg., Ch. 281, Sec. 2.86, eff. June 14, 2005.
Acts 2005, 79th Leg., Ch. 1242, Sec. 2, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 1, eff. September 1,
2009.
Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 24.014, eff.
September 1, 2011.
Sec. 551.302. REGISTRATION. The Texas Department of Motor
Vehicles may adopt rules relating to the registration and issuance
of license plates to neighborhood electric vehicles.
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 2I.01, eff.
September 1, 2009.
Sec. 551.303. OPERATION ON ROADWAYS. (a) A neighborhood
electric vehicle may be operated only on a street or highway for
which the posted speed limit is 45 miles per hour or less. A
neighborhood electric vehicle may cross a road or street at an
intersection where the road or street has a posted speed limit of
more than 45 miles per hour. A neighborhood electric vehicle may
not be operated on a street or highway at a speed that exceeds the
lesser of:
(1) the posted speed limit; or
(2) 35 miles per hour.
(b) A county or municipality may prohibit the operation of a
neighborhood electric vehicle on a street or highway if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The Texas Department of Transportation may prohibit the
operation of a neighborhood electric vehicle on a highway if that
department determines that the prohibition is necessary in the
interest of safety.
2003.
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Amended by:
Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 2, eff. September 1,
2009.
SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS
Sec. 551.351. DEFINITIONS. In this subchapter:
(1) "Motor-assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the
ground during operation;
(ii) a braking system capable of stopping the
device under typical operating conditions;
(iii) a gas or electric motor not exceeding 40
cubic centimeters;
(iv) a deck designed to allow a person to stand
or sit while operating the device; and
(v) the ability to be propelled by human power
alone; and
(B) does not include a pocket bike or a
minimotorbike.
(2) "Pocket bike or minimotorbike" means a self-propelled
vehicle that is equipped with an electric motor or internal
combustion engine having a piston displacement of less than 50
cubic centimeters, is designed to propel itself with not more than
two wheels in contact with the ground, has a seat or saddle for the
use of the operator, is not designed for use on a highway, and is
ineligible for a certificate of title under Chapter 501. The term
does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility device,
as defined by Section 551.201; or
(E) a neighborhood electric vehicle, as defined by
Section 551.301.
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Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18,
2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 24.015, eff.
September 1, 2011.
Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A
motor-assisted scooter may be operated only on a street or highway
for which the posted speed limit is 35 miles per hour or less. The
motor-assisted scooter may cross a road or street at an
intersection where the road or street has a posted speed limit of
more than 35 miles per hour.
(b) A county or municipality may prohibit the operation of a
motor-assisted scooter on a street, highway, or sidewalk if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a motorassisted scooter on a highway if it determines that the prohibition
is necessary in the interest of safety.
(d) A person may operate a motor-assisted scooter on a path
set aside for the exclusive operation of bicycles or on a
sidewalk. Except as otherwise provided by this section, a
provision of this title applicable to the operation of a bicycle
applies to the operation of a motor-assisted scooter.
(e) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.
Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18,
2005.
Sec. 551.353. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR
MINIMOTORBIKE. This subchapter may not be construed to authorize
the operation of a pocket bike or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of
bicycles; or
(3) sidewalk.
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Transferred and redesignated from Transportation Code, Section
551.304 by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.001(64),
eff. September 1, 2011.
SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES
Sec. 551.401. DEFINITIONS. In this subchapter:
(1) "Golf cart" and "public highway" have the meanings
assigned by Section 502.001.
(2) "Utility vehicle" means a motor vehicle that is not a
golf cart or lawn mower and is:
(A) equipped with side-by-side seating for the use of
the operator and a passenger;
(B) designed to propel itself with at least four
tires in contact with the ground;
(C) designed by the manufacturer for off-highway use
only; and
(D) designed by the manufacturer primarily for
utility work and not for recreational purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 1136, Sec. 10, eff.
September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1296, Sec. 239, eff. January
1, 2012.
Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas
Department of Transportation may not register a golf cart for
operation on a public highway regardless of whether any alteration
has been made to the golf cart.
(b) The department may issue license plates for a golf cart
only as authorized by Section 504.510.
September 1, 2009.
Sec. 551.403. LIMITED OPERATION. (a) An operator may
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operate a golf cart:
(1) in a master planned community:
(A) that has in place a uniform set of restrictive
covenants; and
(B) for which a county or municipality has approved a
plat;
(2) on a public or private beach; or
(3) on a public highway for which the posted speed limit
is not more than 35 miles per hour, if the golf cart is operated:
(A) during the daytime; and
(B) not more than two miles from the location where
the golf cart is usually parked and for transportation to or from a
golf course.
(b) The Texas Department of Transportation or a county or
municipality may prohibit the operation of a golf cart on a public
highway if the department or the governing body of the county or
municipality determines that the prohibition is necessary in the
interest of safety.
September 1, 2009.
Sec. 551.404. OPERATION IN MUNICIPALITIES AND CERTAIN
COUNTIES. (a) In addition to the operation authorized by Section
551.403, the governing body of a municipality may allow an operator
to operate a golf cart on all or part of a public highway that:
(1) is in the corporate boundaries of the municipality;
and
(2) has a posted speed limit of not more than 35 miles
per hour.
(a-1) In addition to the operation authorized by Section
551.403, the commissioners court of a county that borders or
contains a portion of the Guadalupe River and contains a part of a
barrier island that borders the Gulf of Mexico may allow an
operator to operate a golf cart or utility vehicle on all or part
of a public highway that:
(1) is located in the unincorporated area of the county;
and
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(2) has a speed limit of not more than 35 miles per hour.
(b) A golf cart or utility vehicle operated under this
section must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
September 1, 2009.
Amended by:
1, 2012.
1, 2012.
Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may
cross intersections, including a road or street that has a posted
speed limit of more than 35 miles per hour.
September 1, 2009.
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CITY COUNCIL AGENDA
AGENDA ITEM: II. E
Deliberate on proposed amendments to Chapter 70 “Parks and Recreation”, Article I. “In
General”.
SUBMITTED BY:
Parks & Leisure Services Director Tom Staley, City Secretary Irma Parker
SUMMARY STATEMENT: With the Tule Hike & Bike Trail nearing completion, Staff is
proposing to add that facility to the municipal park system. Other additions and amendments to
Chapter 70 are being proposed to clean up language and to perform general housekeeping. In
addition, a previous ordinance was proposed omitting reference to Rockport Beach Park;
however, those changes were not made in the last codification of the Code.
FISCAL ANALYSIS:
STAFF RECOMMENDATION: Staff recommends Council approve changes and direct staff
to proceed with finalizing an ordinance for council action.
Park System Update.doc
Page 1 of 6 Pages
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ROCKPORT CODE OF
ORDINANCES, CHAPTER 70 “PARKS AND RECREATION”, ARTICLE I. “IN
GENERAL” BY ADDING THE TULE HIKE AND BIKE TRAIL TO THE
MUNICIPAL PARK SYSTEM, SETTING RULES, REGULATIONS, HOURS OF
OPERATION, PROHIBITING SWIMMING/WADING IN PONDS OR CREEKS
WITHIN PARK SYSTEM; PROVIDING FOR GENERAL HOUSEKEEPING TO
REMOVE REFERENCE TO ROCKPORT BEACH PARK; REPEALING ALL
ORDINANCES
IN
CONFLICT
THEREWITH;
PROVIDING
FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ROCKPORT TEXAS:
SECTION 1. AMENDMENT
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-2 (a) and (b)
“Municipal parks designated; hours of operation” of the City of Rockport Code of Ordinances is
hereby amended as follows:
Sec. 70-2. - Municipal parks designated; hours of operation.
(a) For the purpose of this section the following locations are designated as municipal parks of
the city:
1) Mathis Park, 801 Live Oak Street.
2) Memorial Park, 1601 F.M. 2165.
3) Spencer Park, 400 E. Bay Street.
4) Zachary Taylor Arboretum Park, 702 S. Pearl Street.
5) Compass Rose Park, 811 State Hwy. 35 N.
6) Tule Park, 2105 Picton Lane.
7) Magnolia Park, 909 N. Magnolia Street.
8) Community Aquatic and Skate Park, 2001 Stadium Drive.
9) Hummingbird Garden Boardwalk/Observation Area, State Hwy 35 N.
10) Tule Hike & Bike Trail, from Hwy.35-North to Enterprise Boulevard
(b) Except as otherwise provided in this section the hours of operation for municipal parks shall
be 5:00 a.m. sunrise to 11:00 10:00 p.m. and it shall be unlawful to enter a park or remain in a
park during non-operational hours.
SECTION 2. DELETION
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-2 (c) “Municipal
parks designated; hours of operation” of the City of Rockport Code of Ordinances is hereby
deleted:
(c) Rockport Beach Park shall operate by the following schedule:
(1) Sunday through Thursday from 5:00 a.m. to 11:00 p.m.
Page 2 of 6 Pages
(2) Friday and Saturday from 5:00 a.m. to 12:00 p.m.
(3) The city council will establish hours for special events and/or holidays.
SECTION 3. DELETION
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-5 “Operation of
motor vehicles; vehicular access to the beach, speed limit” is hereby amended to delete reference
to beach park as follows:
Sec. 70-5. - Operation of motor vehicles; vehicular access to the beach, speed limit.
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-5 “Operation of
motor vehicles; speed limit” is hereby amended to read as follows:
Sec. 70-5. - Operation of motor vehicles; speed limit.
(a) It shall be unlawful for any person to operate an automobile, motorcycle or other motor
vehicle upon the grounds of any public park or recreation area except upon a public street, road,
trail or parking area designated for this purpose.
*
*
*
*
*
(d) Vehicular access to the beach at Rockport Beach Park shall be restricted to paved roadways
and designated parking areas, except as follows:
(1) Maintenance, security and emergency vehicles.
(2) A clearly designated area for the use in launching and recovering sailboats (only) from
Aransas Bay and for paddle-powered boats to and from Little Bay.
(d) (e) The speed limit in all parks operated by the city shall be fixed at 20 miles per hour
unless otherwise posted.
(e) (f) It shall be unlawful for any person to operate a non-motorized vehicle upon the
grounds of any public park, exceptions include maintenance and emergency vehicles, and to
disabled travelers unless the vehicle is propelled solely by muscle power.
(g) The Circle at the northern end of the Rockport Beach Park may be barricaded and closed to
vehicular and pedestrian traffic, without notice, by City of Rockport and/or Aransas County
Navigation District personnel when conditions warrant, including but not limited to holiday
weekends, special events or during the migratory bird nesting season(s). A barricade, as used
herein, means an obstruction placed or signs prominently displayed indicating that entry is
prohibited.
(h) It shall be unlawful for any person to cross over, or otherwise disregard any barricade,
placed or displayed by City of Rockport and/or Aransas County Navigation District personnel
and intended to prohibit vehicle or pedestrian access to the Circle at the Rockport Beach Park.
Page 3 of 6 Pages
SECTION 5. ADDITION
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-6 “Possession of
firearms” is hereby amended to read as follows:
Sec. 70-6. - Possession of firearms.
(a) It shall be unlawful for any person to possess any firearm within a public park or recreation
area.
(b) It shall be a defense to prosecution under this section that:
(1) The person was a peace officer of the city in the performance of his official duties.
(2) The person was a certified or licensed security guard engaged for the purpose of
providing security for a special event authorized in writing by the director of parks and
recreation as hereinafter provided.
(3) The person was a member of the armed forces of the United States or the state
engaged in the performance of his duties or the conduct of a patriotic or ceremonial event
and with written persmission of the city.
(c) It shall be unlawful for any person to hunt wildlife in a public park or recreation area
with a weapon or archery equipment.
SECTION 6. ADDITION
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-8(a) “Fires
prohibited” is hereby amended to read as follows:
Sec. 70-8. - Fires prohibited.
(a) It shall be unlawful for any person to build, ignite or maintain a fire within a public park or
recreation area except in bar-b-que grills provided areas designated specifically for such
purposes, unless approved in advance by rental agreement, lease, or other written contract
with the city.
SECTION 7. ADDITION
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-9(a) “Temporary
structures” is hereby amended to read as follows:
Sec. 70-9. - Temporary structures.
(a) Temporary structures used for protection from the sun during normal daytime use of the
parks are permitted. Such structures may include but not be limited include tents, canopies, and
umbrellas. All temporary structures will be removed before darkness on the same day as
erected.
Page 4 of 6 Pages
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-11 “Damage to
plants” is hereby amended to read as “Damage to plants and trees”:
Sec. 70-11. - Damage to plants and trees.
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-12(b) “Commercial
sales prohibited; concessions management” is hereby amended:
Sec. 70-12. - Commercial sales prohibited; concessions management.
*
*
*
*
*
(b) A person may sell goods or engage in a commercial activity in a public park or recreation
area only if:
(1) Doing so is in connection with official government business.
(2) Doing so is by authority of a contract, lease or other agreement with the city to operate
a business or concession in designated areas of public property.
(3) Doing so in a not for profit manner is under the authority of a special event permit
or rental contract issued by the city.
*
*
*
*
*
SECTION 10. ADDITION
That Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-18
“Swimming/wading prohibited” is hereby added to wit:
Secs. 70-18. – Swimming/wading prohibited.
(a) It shall be unlawful for any person, or animal controlled by a person, to enter into a
pond or stream of water located within a park or recreational area, either bodily or by
floatable vessel.
(b) It shall be a defense if the person is performing duties of city, or has received city
approval.
Secs. 70-19 – 70-40 Reserved for future use.
SECTION 11 - REPEALER
Any previously adopted ordinances, and any subsequent amendments to them, which are in
conflict with this ordinance, are hereby repealed.
SECTION 12 - SEVERABILITY
Page 5 of 6 Pages
It is the intention of the City Council of the City of Rockport that if any phrase, sentence, section
or paragraph of this ordinance shall be declared unconstitutional or otherwise invalid by final
judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not
affect any of the remainder of this ordinance since the same would have been enacted by the City
Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or
paragraph.
SECTION 13 - EFFECTIVE DATE
This ordinance shall become effective immediately upon adoption by second and final reading.
APPROVED and PASSED on first reading this
day of
, 2012.
CITY OF ROCKPORT, TEXAS
Charles J. Wax, Mayor
ATTEST:
Irma G. Parker, City Secretary
APPROVED, PASSED and ADOPTED on second and final reading this
day of
, 2012.
CITY OF ROCKPORT, TEXAS
Charles J. Wax, Mayor
ATTEST:
Irma G. Parker, City Secretary
Page 6 of 6 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. F
Deliberate on proposed amendments to Zoning Ordinance Article 3 “Definitions” as identified
by legal review.
SUBMITTED BY: City Secretary Irma Parker, Director of Building & Development Mike
Henry
SUMMARY STATEMENT: Municipal Code Corporation has completed its review and update
of the Code of Ordinances; however, there are some policy issues that Council must decide
before the process can be completed. The ordinance, while basic, is generally quite good insofar
as legal substance is concerned. There are, however, a few items in need of consideration and
scrutiny by the city, among them being the definitions for (1) Adult Entertainment, (2) Building,
(3) Building Line, (4) Child Care Center,/Child Care Home, (5) Plat, and (6) street. The
Planning & Zoning Commission has reviewed, with their comments/suggestions shown below.
1
1.
Adult Entertainment. Adult entertainment uses are those that include, but are not
limited to, adult motion picture theaters, massage parlors, nude modeling and photography
studios, adult bookstores, or eating, drinking or other establishments which have sexually
oriented entertainment such as go-go dancers, exotic dancers, strippers or other similar
entertainment.
2
2.
Building.
Any structure designed or built for the enclosure, support, shelter or
protection of persons, animals, chattels or property.
3
3.
Building Line. A line established parallel or approximately parallel to the street line.
With the exception of fences, no building or structure may be permitted in the area between the
building line and the street right-of-way line.
1
3.2, Definition of “adult entertainment”: Note that this definition does not differentiate between adult stores which
only sell products for offsite use or consumption (i.e., retail establishments with no performances or conduct); this
broad definition is relevant to the footnote concerning zoning ordinance section 24.2.1, concerning minimum
distance requirements affecting adult entertainment uses.
2
3.2, Definition of “building”: As a point of information, compare against definition of “building” in Code § 22-1,
which provides “means any structure used or intended for supporting or sheltering any use or occupancy.
(Reference: The International Building Code.)”
3
3.2, Definition of “building line”: The second sentence of this definition is not so much a definition as it is a
substantive regulation buried within a definition; consider shifting to a more appropriate section, or setting it within
its own stand-alone section.
Ordinance Zoning Definitions.doc
Page 1 of 3 Pages
4
4.
Child Care Center. A building where seven or more children, under fourteen years of
age, other than members of the family owning such building, are taken care of for compensation.
4
3.2, definitions of “child care center” and “child care home”: For “child care center,” consider a definition as for
child “day care center” in Tex. Human Resources Code § 42.002(7), or simply incorporate by reference the statutory
definition.
Re child care home, consider the definition “family home” under Tex. Human Resources Code § 42.002(9) – but
note that the statutory definition is slightly different, more expansive.
What about “foster homes” for kids up to age 18, per Human Resources Code 42.002(6)? How would
those be treated under this zoning ordinance?
Group homes. The items mentioned above lead to a host of other considerations. At the 2011 fall
conference of Texas City Attorneys Association, an excellent review of the overlooked topic of municipal regulation
of group homes was provided in a paper (by attorneys Monte Akers and Jason King), available online at
http://www.texascityattorneys.org/2011speakerpapers/2011fallconference/MAkers-MunicipalRegulation.pdf, which
any municipal attorney and planner would find useful, and somewhat alarming in light of the multitude of types of
“group homes” littered throughout Texas statutes; the authors identify “at least 24 types of homes, houses, centers,
and other facilities, probably more, that may qualify as a group home.” Again, to quote the authors: “The
overarching law in regard to regulation of group homes is the prohibition against discrimination in housing,” and
they note Federal civil rights law, the Federal fair housing act, the state fair housing act, and federal fair housing
amendments prohibiting discrimination based on disability or family status.
We turn toward the end of that excellent paper for the authors’ “practical guidelines” and we reproduce
verbatim the questions and issues they raise, all of which merit consideration by Rockport authorities insofar as they
have policy implications as well as legal concerns:
1. Does the City include group homes in its zoning or other ordinance? If not, we recommend they be added.
2. If so, how are they defined and are they allowed in residential districts? While the location of a group home in a
commercial district can still be controversial, it is in residential districts where the greatest concern and
opposition usually arises.
3. How is “group home” (or “community home” or other term) defined? Is the definition [ . . .] based on Chapter
123, Human Resources Code? If so, and if the home under consideration is clearly allowed as “a use by right
that is authorized in any district zoned as residential,” under [HRC] Sec. 123.004, that may be the happiest
outcome available, or at least it may be the most legally defensible.
4. If the home is not allowed in a residential district “by right” under [HRC] Sec. 123.004, may it nevertheless be
protected under the FHHA? That is, in particular, does the city’s ordinance impose “special requirements
through land use regulations . . . [or] . . . conditional or special use permits that have the effect of limiting the
ability of such individuals to live in the residence of their choice in the community?” If the City requires an
[special use permit] for a group home but does not require one for a residence containing an equal number of
family members, or students, or other residences, the ordinance may not be enforceable.
5. Does the ordinance impose particular requirements, such as licensing by the city, density limitations, spacing
restrictions, or other conditions that are not imposed on other types of residences? If so, what is the city’s
interest in imposing the condition? Can the city demonstrate that the conditions have a rational, nondiscriminatory basis? Will the ordinance withstand a rational basis level of scrutiny?
6. Does the city’s ordinance or proposed action provide for “reasonable accommodations?” That is, might the
ordinance or the city’s action amount to a refusal to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to afford such person equal opportunity to
use and enjoy a dwelling?
7. Is the home to be owned or operated by a religious institution? If it is a mainstream religious institution and the
home furthers the ‘ministry’ of the institution, it is probably protected under TRFRA. If the institution is not
“mainstream,” is it nevertheless founded on religious convictions? Is the home going to be operated as part of a
“ministry,” as the Supreme Court found to be the case in Barr v. Sinton, wherein the residents received religious
instruction in addition to a place to live? Can the city demonstrate that a refusal to allow such home does not
burden the free exercise of religion? If there is burden, is the burden substantial? Can the city demonstrate that
its ordinance furthers a compelling governmental interest? Is the ordinance the least restrictive means of
furthering that interest? Will the ordinance withstand strict scrutiny?”
Page 2 of 3 Pages
5
5.
Plat. A map of a lot, tract, or parcel of land, or a map of a subdivision of land into lots,
streets, alleys, easements, or other parts of land, or dedications of parts of land to public uses.
6
6.
Street. A public thoroughfare which affords the principal means of access to abutting
property.
5
3-2, definition of Plat: There is nothing wrong with this. However, the city might wish to consider simply using
the definition of plat already present in code chapter § 90-1, in the Subdivisions chapter.
6
3-2, definition of Street: There is nothing wrong with this definition; however, the city may wish to mirror the
definition of street in § 90-2: “an improved public thoroughfare, which affords the principal means of access
between various land use activities.”
Page 3 of 3 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. G
Deliberate on proposed amendments to Zoning Ordinance Article 4 “Districts and General
Provisions” as identified by legal review.
Henry
of the Code of Ordinances; however, there are some policy issues that Council must decide before
the process can be completed. The ordinance, while basic, is generally quite good insofar as legal
substance is concerned. There are, however, a few items in need of consideration and scrutiny by
the city, among them being the prohibition of power generation facilities in residential districts
and annual review requirements of the Zoning Ordinance. The Planning & Zoning Commission
has reviewed, with their comments/suggestions shown below.
1
4.2.7 Utility distribution facilities and appurtenances, including water, sewer, electric, gas, telephone and
cable television, may be permitted in any district, except that power generation facilities may not be located
in residential districts.
2
4.2.10 This ordinance shall be reviewed on an annual basis by the Planning & Zoning Commission and
city staff or legal and technical compliance with local, state and federal laws, with the intent to include
sound zoning concepts and practices. Furthermore, this ordinance shall be thoroughly reviewed and
completely reorganized, if necessary, at least every five (5) years. Such reorganization shall reflect
1
4.2.7, power generation facilities prohibited in residential districts: Initially, we note that “power generation facility”
is not defined in this ordinance; presumably the term would embrace “wind powered” systems. Why is this relevant?
Wind power systems. Code Sec. 42-182(1)a provides a height limitation for wind powered systems, “to no
more than 60 feet in total height within residential or commercial districts . . .” Also, Code Sec. 42-182(1)b provides
that “wind powered systems exceeding the height limitations as specified by this article shall be required to submit
application for a special permit in accordance with the Rockport zoning ordinance.” In 2009 there was an assumption
that (1) wind-power systems of a certain size are allowed in residential districts, and (2) wind power systems beyond a
certain size could be allowed via the special permit process as a zoning matter. However, the text of ordinance section
4.2.7, and the absence in zoning ordinance Art. 23 (re special permits) of any reference to power generation facilities
in residential districts, appears to contradict that.
The city may wish to revise its zoning ordinance to explicitly permit, as opposed to implicitly prohibit,
certain wind-power systems within residential districts. A definition of “permissible power generation facility” in
ordinance section 3.2 would be useful as well.
Other power generation systems: Upon further reflection, “power generation facilities” could be broadly
interpreted, in the absence of a definition, to also include solar power systems (e.g., residential photovoltaic systems
including panels and inverters). This issue, too, is a policy matter which could affect what is desired to be made
explicit in these zoning provisions.
2
4.2.10, review and reorganization requirement: We merely note that this is an unusual requirement to find within a
zoning ordinance.
Ordinance Zoning Districts_General Provisions.doc
Page 1 of 2 Pages
compliance with the master plan, local, state, and federal laws and other laws and regulations governing
zoning within the City of Rockport.
Ordinance Zoning Districts_General Provisions.doc
Page 2 of 2 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. H
Deliberate on proposed amendments to Zoning Ordinance Article 24 “Special Conditions” as
SUBMITTED BY:
Henry
City Secretary Irma Parker, Director of Building & Development Mike
the city, among them being found in Article 24. The Planning & Zoning Commission has
reviewed, with their comments/suggestions shown below.
24.2
Special Conditions By Use.
1
24.2.1 Adult Entertainment Uses.
The following special conditions and regulations shall apply for
adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory
use.
1.
An adult entertainment use shall not be established or expanded within 1,500 feet of the
district boundary line of any residential or PUD zoning district.
1
24.2.1, Adult Entertainment Uses; distance location restrictions in points 1-3: (Note the definition of adult
entertainment back in section 3.2 of this ordinance; it does not differentiate between adult stores strictly for retail
purchases for offsite consumption, and other adult use establishments with onsite entertainment.) This section contains
the type of distance restrictions challenged in the controversial 5th Circuit decision of Encore Videos, Inc. v. City of
San Antonio, 330. F.3d 288 (5th Cir. 2003), in which the panel invalidated portions of an ordinance which, in the
absence of direct evidence of negative secondary effects of the specific type of adult business regulated, did not
adequately distinguish between book- and video-stores which sell items for “offsite consumption” vis a vis other type
of adult businesses (e.g., strip clubs) which provide onsite entertainment. The later decision of H and A Land Corp. v.
City of Kennedale, 480 F.3d 336 (5th Cir. 2007) would seem to point the way for municipalities to invoke studies
sufficient to show negative secondary effects of book- and video-stores, but the issue remains unsettled.
Note there has been scholarly work opposing the Encore Videos rationale and decision (e.g., Do “Off-Site”
Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence, 31 Law & Policy
(# 2) 217-235 (April 2009)), and of course there is the June 2008 study, Survey of Texas Appraisers: Secondary
Effects of Sexually-Oriented Businesses on Market Values by Connie B. Cooper and Eric Damian Kelly,
commissioned and published by the Texas City Attorneys Association, which is available online at
http://secondaryeffectsresearch.com/files/Survey%20of%20Appraisers,%202008.pdf
Bottom line: Be aware of the issue, and strongly consider having good evidence to support similar treatment
of different types of sexually oriented businesses.
Ordinance Zoning Special Conditions.doc
Page 1 of 2 Pages
2
2.
An adult entertainment use shall not be established or expanded within 1,500 feet of any
other adult entertainment use, bar, pool hall, liquor store or any other establishment which
sells or serves alcoholic beverages.
3.
An adult entertainment use shall not be established or expanded within 1,500 feet of the
property line of a church, school, or public park.
24.2.12
Communication/Cell Towers.
The following conditions may apply to a
Communication/Cell Tower Special Permit and may be in addition to any other
conditions as may be applicable:
2
24.2.12, Communication/Cell towers: MCC is no specialist in the arcana of Federal law re siting of
communications towers. However, we wish to alert the city to a Federal bill (HR 3630) signed by the president last
month, containing provisions affecting local government authority vis a vis collocation of wireless towers. The
following information is closely drawn from very recent web posts and legislative alerts posted by attorneys Adam
Simon and Julie Tappendorf, as well as by attorneys in the Telecommunications practice division of the law firm Best
Best & Krieger:
Local governments should take immediate action to review and possibly amend local ordinances to protect
their interests and avoid lawsuits. . . .
Under Section 332(c)(7) of the Telecommunications Act, local governments have broad authority to control
the siting of cellular and other wireless towers, antennas, and related facilities. Many cities and counties have
ordinances that govern both the initial placement and modification of wireless facilities. The new law may
require changes to those rules. It mandates local approval of certain applications for modification of “an
existing wireless tower or base station.”
The new law states that “Notwithstanding section 704 of the Telecommunications Act of 1996 or any other
provision of law, a state or local government may not deny, and shall approve, any eligible facilities request
for a modification of an existing wireless tower or base station that does not substantially change the physical
dimensions of such tower or base station.” Furthermore, the term ‘‘eligible facilities request’’ means any
request for modification of an existing wireless tower or base station that involves (A) collocation of new
transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission
equipment.”
Specialists in this field of law wrote, “Local governments should anticipate that representatives of tower
companies will claim that cities and counties must approve many pending collocation applications unless the
expansion adds significantly to the height or width of a facility. Entities that have placed wireless facilities on
public light poles and other public property may argue they can now expand their facilities without review by
the local government.” Some attorneys are expecting providers to move quickly to challenge local
ordinances that consider any collocation factor other than “physical dimensions.” Aggressive applicants may
claim that a “failure to approve” will subject a local government to damages and attorneys fees for failure to
act.”
The city attorney and its planning department may wish to review zoning ordinance section 24.2.12 in light of the new
Federal law and the city’s desired policies concerning siting of towers, particularly modifications of said towers.
Ordinance Zoning Special Conditions.doc
Page 2 of 2 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. I
Deliberate on proposed amendments to Zoning Ordinance Article 23 “Special Permit Regulation”
as identified by legal review.
Henry
the city, among them being the prohibition of power generation facilities in residential districts
found in Article 23.
The Planning & Zoning Commission has reviewed, with their
comments/suggestions shown below.
Special Permit Regulations1
23.1 Certain Uses Located by Special Permits. The purpose of this section is to provide a
procedure for the location of certain uses. Often uses in one location would be objectionable,
while the same use in another location would be acceptable, especially if the applicant agrees to
comply with requirements designed to overcome objectionable features. This provision gives the
Ordinance flexibility.
23.2 Special Permit Uses. Uses for which special permits shall be obtained, conditions that
must be observed and districts in which they may be considered are:
1
Special permits; power generation systems in residential districts: In light of the footnoted discussion in Art. 4
concerning an apparent prohibition of power generation systems in residential districts, and the implicit understanding
in Code chapter 42, article VI, § 42-182(1) that wind power systems are allowed under the special permitting process
in this zoning ordinance, the city should seriously consider revising this article to explicitly allow certain wind power
(and perhaps also, solar-power) systems in residential districts. If that policy decision is made, then amendment of
this ordinance will be necessary.
Ordinance Zoning Special Permit Application.doc
Page 1 of 1 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: II. J
Deliberate on possible amendments to the rules/regulations of each standing board/commission
of the City Council.
SUBMITTED BY:
City Secretary Irma Parker
SUMMARY STATEMENT: The City Council has requested to review each board/commission
establishing resolution and/or ordinance.
•
The first possible amendment includes: Sunset Clause. In public policy, a sunset provision
or clause is a measure within a statute, regulation, or other law that provides that the law
shall cease to have effect after a specific date, unless further legislative action is taken to
extend the law. Most laws do not have sunset clauses and therefore remain in force
indefinitely. In order to prevent the accumulation of useless and/or outdated ordinances in
the future, a suggestion was made that each establishing ordinance for all boards and
commissions contain a "sunset clause," requiring that the city council, at some future date,
affirmatively vote to continue the ordinance, amend the duties of the board/commission or it
is automatically repealed.
o
Examples: Effective Date. This Ordinance shall become effective from and after its
adoption and it is so ordained. Provided, that this Ordinance shall expire on December 31,
2007, unless extended prior thereto by the City Council.”
o
Examples: 20.90.060 — Sunset Provision. Section 20.90.060 shall no longer be effective or
apply and shall be repealed in its entirety on July 1, 2004, unless such date of repeal is further
extended by resolution of the City Council. Notwithstanding the foregoing, Section 20.90.050
shall continue to apply to any applications for existing residential second units timely filed
during the amnesty period
•
In previous action, the City Council has directed staff to present applicants for positions on
the boards/commissions in June of each year. This has caused some problems when quite a
few members have resigned from their respective board creating a quorum issue. Staff is
requesting council authorize the Mayor to appoint replacements to fill the unexpired terms of
board member(s) as they occurr during the year.
•
Term limits: A suggestion has been made by a City Council member to limit the number of
terms a volunteer board/commission member may serve.
•
The originating ordinance/resolution for each board/commission is attached for council
review. Each board has submitted suggested changes.
Ordinance Board_Commission guidelines.doc
Page 1 of 1 Pages

Gas Letdown Generator - Rockport, TX

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