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HomeMy WebLinkAboutO-1967-757 .. . - --, ORDINANCE NO. 757 AN ORDINANCE REQUIRING'TRAIN-APPROACH SIGNALS AT DESIGNATED DANGEROUS'STREET CROSSINGS IN THE CITY OF LA PORTE; MAKING IT UNLAWFUL TO OPERATE TRAINS OVER SAID CROSSINGS WITHOUT INSTALLING AND OPERATING TRAIN-APPROACH SIGNALS; PROVIDING TYPE AND LOCATION OF SIGNALS; PROVIDING FOR SHUT-OFF DEVICES AND MAXIMUM TIME OF OPERATION; REQUIRING FLAGMEN WHERE SIGNALS NOT IN EXISTENCE ON EFFECTIVE DATE HEREOF; 'PROVIDING FOR INSTALLATION OF "CROSS BUCKS"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING THAT ANY ,PERSON, FIP~ OR CORPORATION VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE~~ANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING 'A SAVING CLAUSE. :. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY.OF LA PORTE, TEXAS, THAT: ' Section 1. Desi~nation of dangerous crossings. The followi!lg railroad crossi~gs at public streets or thoro~ghfares within the city limits are declared to be da~gerous railroad crossi~gs: (a) ,The crossi~g'of West Main Street, also known as Spencer H~ghway, with tracks upon which railroad trains of the Southern Pacific Company opera~e; (b) The crossi~g of West IIJ" Street, also sometimes known as Fairmont Parkway, ~ith tracks upon which railroad trains of the r-. Southern Pacific Company operate. Section 2. ,Duty to have signals installed and in operation. It shall be unlawful for any person to operate, or permit to be operated, a railroad train over any of the above named da~gerous railroad crossi~gs in the city without havi~g installed and in operation at such railroad-street crossi!lgs, train-approach signals to warn ~edes~rians and operators of vehicles, usi~g such public streets and thoro~ghfares of any approachi~g railroad train. Notwithstandi~g the for~goi~g, .whenever there shall be in existence at, or in proximity to, any of such da~gerous crossings a vehicUlar traffic-control s~gnal,any person opera~i~g or permitting ~ another to operate a railroad train over such da!lgerous crossi~g shall be in full compliance with the requirements of this section if . . -2- . it shall bond the rails over which the train operates and provide the necessary actuati~g apparatus so as to connect said vehicular traffic-control s~gnal 'to said bonded rails for the purpose of providi~g s~gnal protection at said crossi~g upon approach of train. Section 3. Type and location of signals. The train-ap~roach s~gnals provided for in Section 2 shall be of the flashi~9-l~ght s~gnal type in which indication of the approach of the train is, given by two horizontal red l~ghts flashi~g alternately at predetermined intervals. The flashi~g- ,AIt l~ght train-approach s~gnals may be controlled manually or auto- .-/ matically thro~gh track circuits arra~ged so that the flashi~g- l~ght s~gnals will operate until the rear of the train reaches or clears the crossi~g, and so that the,s~gnals will operate upon the approach of trains from either direction on the track for which protection is provided. One train-approach s~gnal shall be placed on each side of the track on standards so that the lamp shall be not less than seven, nor more than nine feet above the surface of the street. The location of the standards shall be approved by the CityE~gineer. e Section 4. Shut-off devices; maximum time of operatIon. At suchda~gerous railroad crossings, if automatic train-approach s~gnals are installed and maintained, a feature should be includ~d in the track circuits that will permit the signals to be turned ,off when a tr9-in, which has placed..: such signals in opera- tion, has' come to a complete stop and remains stopped for thirty e seconds without having covered the crossi~g for which the s~gnal is intended, or with a device by which the s~gnal may be disconnected when the crew operati~g such railroad train does not intend movi~g the train 'over the crossing. When movement is ~gain resumed in the direction of coveri~g the crossi~g, .the s~gnal shall be placed in operation 'immediately upon commencement of such movement. It shall be unlawful for a~y person to permit a railroad train to remain . . .. -3- standi~g at or near, ,bl,lt not upon, .any of the above named crossi~gs with the train-approach s~gnals in operation for more than thirty seconds. Section 5. Flagmen required. If train-approach s~gnals or vehicular traffic-control s~gnals, as provided for herein, are not in existence at any of the aforenamed dangerous crossings at the effective date of this section, the railway, company operati~g railroad trains over said crossi~gs shall have until October 1, 1967, within which to install said s~gnals at said crossi~gs; provided, ~owever, .it ~ shall be unlawful at such da~gerous railroad crossi~gs where said . ..":...' s~gnals do not exist at the effective date of this section for any person to operate, or permit to be operated, any railroad train at said crossi~gs ,witho~t providi~g for a fl~gman at said cross- i~gs to give notice of the approach of any railroad train. Section 6. "Cross bucks, II, where required. Railroad crossi~g s~gns, ,co~only known as "cross bucks" shall be erected on the standard carryi~g the electric train- approach s~gnals where .same are provided, .and at railroad crossi~gs where electric train-approach s~gnal's are not provided, a cross . buck shaLl be provided on each side of such crossing at its inter- section with the:railroad track. Secti.on 7. Penalty. Any railroad company or person operati~g a railroad in the City who shall fail, to install, ,keep and maintain such t.rain- approach s~gnals as are hereinbefore provided for, or who shall fail to comply with the. provisions of this ordinance, shall be deemed. guilty of a.misd~meanor, and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), and each day of such violation e shall be deemed a separate offense. Section ~. Repealing of conflicting ordinances. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. .. . . . '. . ~. . -4- Section 9. Saving .clause. If any section, par~graph, clause or sentence shall be declared void and unenforceable or unconstitutional, .it is hereby declared to be the intention of the Commission that the remainder of such Ordinance shall remain in full force and effect. Section 10. Effective date. This Orqinance shall take effect, and be in force from and after its pass~ge and approval and publication as required by law. PASSED AND APPROVED this ~,~ day of February, 1967. ATTES..T: ~ t," '....,eo" r:-';"-.:, . , ~ 4.}- ~ 0 . '<:," \..r<:-~~';:D~c-2 ~fltl;l/_ . . , 1<'ty Qlerk , ',: ~ity., o~~}.?i Porte, Texas . " . (..::.~' t. , ~ .. (I!i!'! ... - ~ o "... '-:> ~ '" .Texas M APPR~ d dd City Attorney City of La ~orte, Texas ....,.,. l'r. . I , f I ~ \ . ' , ..,,,. d, \