1975-05-19 Regular Meeting - Laserfiche WebLink

Browse Search

a . 'j The Hon. Mayor & City Commissioners • City of La Porte • Page 2 5-8-75 Here, the erection and maintenance of "speed bumpers" would be a deliberate act by the City in creating an obstruction in the street. Although the Texas courts have not had to face a "speed bumpers" case, such cases have been presented in other juris- dictions. Local governments have been held liable for the main- tenance of "bumpers" in streets intending to warn drivers of dangerous intersections, but which injured reasonably careful drivers proceeding at legal speed. It is further been held that local governments erecting obstructions in the streets customarily have a duty to illuminate the same at night so as to protect drivers. These cases arose in Indiana, Illinois, and Missouri. In addition, it is interesting to note that many of the Texas cases on obstructions, as well as the above mentioned out-of- state cases on speed bumpers, arose before the adoption of the Texas Tort Claims Act, and also the recently enacted Texas Comparative Negligence Statute. These two recent statutory enactments each further weakened the position of cities in negli- gence actions. In view of the foregoing, it is my opinion that the erection and • operation of speed. bumpers on travelled City streets, being a deliberate creation of an obstruction by the City, would unduly expose the City of La Porte to liability for damages to person and property. It is therefore my strong recommendation that the City Commission not authorize this method of traffic control. I have discussed this matter by telephone with Mr. Riley Fletcher, General Counsel, Texas Municipal League, in Austin, and he states that TML ha,s always strongly recommended to cities that they not install "speed bumpers." However, should the City Commission determine that the potential usefulness of speed bumpers as a method of traffic control out- weighs the potential risk, and therefore allow their installation, I would recommend that, in order to place the City in the best possible position, that the following precautions be taken, to-wit: (1) The bumper should be painted with an orange reflective paint, so as to be readily visible and distinguishable from the surface of the main pavement; (2) A warning sign of the existence of the speed bumper should be erected on the side of the road, at the immediate location of the speed bumper; • `