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HomeMy WebLinkAbout03531 ORD - 08/05/1953AN ORDINANCE MAKING IT UNLAWFUL TO RUN 'A RAILROAD ENGINE WITHOUT RINGING A BELL ATTACHED THERETO BEFORE STARTING AND AT CERTAIN PLACES; MAKING IT UNLAWFUL TO RUN A RAIL- ROAD ENGINE WITHOUT USING OTHER SOUND DEVICES, INCLUDING WHISTLES, REQUIRED BY STATE LAW; MAKING IT UNLAWFUL TO OPERATE A TRAIN AT CERTAIN PLACES THAN A GREATER SPEED THAN EIGHTEEN 0 8) MILES PER HOUR; PRESCRIBING A PENALTY NOT TO EXCEED A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS $200); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESPECIALLY REPEALING IN ITS ENTIRETY ORDINANCE NO. 3088, PASSED AND APPROVED ON THE 17TH DAY OF JULY, 1951; CONTAINING A SAVINGS CLAUSE; PRO- VIDING MANNER OF PUBLICATION AND EFFECTIVE DATE OF SAID ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS DEEMED NECESSARY BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, TO ESTABLISH RULES AND REGULATIONS FOR RAILROAD ENGINES AND RAILROAD TRAINS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. ALL LOCOMOTIVES, STEAM, DIESEL OR OTHER, SHALL RING THEIR ENGINE BELLS WHEN STARTING TO MOVE AND ALSO WHEN APPROACHING PUBLIC CROSSINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI SO AS TO WARN MOTORISTS AND PEDESTRIANS OF THEIR APPROACH; AND SHALL USE OTHER SOUND DEVICES, INCLUDING WHISTLES, AS REQUIRED BY STATE LAW. SECTION 2. IT SHALL HEREAFTER BE UNLAWFUL TO OPERATE OR RUN OR CAUSE TO BE OPERATED OR RUN WHEN ENTERING AND UNTIL -ff ULLY OCCUPYING ANY PUBLIC CROSSING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI ANY RAILROAD ENGINE, CAR, OR TRAIN OF CARS AT A GREATER RATE OF SPEED THAN EIGHTEEN (18) MILES PER HOUR¢. I SECTION 3. ANY PERSON, FIRM, OR CORPORATION WHO SHALL VIOLATE OR FAIL TO COMPLY WITH ANY PROVISIONS OF THE TWO PRECEDING ARTICLES SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION, THERETO, SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS ($200). SECTION II. IN CASE A CORPORATION IS THE OPERATOR OF ANY EQUIPMENT USED IN VIOLATION OF ANY PROVISION OF THIS ORDINANCE, THE PRESIDENT, VICE- PRFrSIOENT, SECRETARY, TREASURER, MANAGER, AND THE AGENT OR EMPLOYEE OPERATING SUCH EQUIPMENT SHALL BE SEVERALLY LIABLE FOR THE PEINALTIES HEREIN PRESCRIBED. 35�3I SECTION 5. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH ARE HEREBY EXPRESSLY REPEALED IN SO FAR AS THEY CONFLICT HEREWITH; HEREBY S EXPRESSLY REPEALING IN IT ENTIRETY ORDINANCE NO. ,3088 DATED JULY 17, 1951. SECTION 6. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THPS 'ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 7. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUB- LICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE AND PENALTY FOR VIOLATION THEREOF. SECTION 8. THE NECESSITY FOR REQUIRING THE RINGING OF RAILROAD ENGINE BELLS AND REQUIRING LOCOMOTIVES TO USE OTHER SOUND DEVICES, INCLUDING WHISTLES, IN THE MOVEMENT OF TRAINS WITHIN THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED AN EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THtS Y OF AUGUST, 1953- MAYOR THE CITY OPUS CHRISTI, TEXAS ATTES -1 1 I CITY SECRETARY i APP VIED AS T EGAL FORM: CITY TTORNEY -2- r � CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 1953 FOR THE REASONS SET FORTH 1.N THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A.PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR O.t4 CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN LL- 7 ELI-Roy KING P. C. CALLAWAY .TAMES A. NAISMITH W. .JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: A. A. LICHTENSTEIN1ty��j ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE a" 3s3 f