HomeMy WebLinkAbout03824 ORD - 08/04/1954AEd OPIIINXZE
DECLAiMG CERTAIN SIREETS AND HIGHWAY CROSSINGS OF
&AILHOAD T:'aACKS TO BE EXTi:A IIAZAiI.T30US; REQUTiiLiG_ THL':
iu:EMG Cr FLAGMEN Oil SIGNAL DEVICES AT ALL EXTI'iA
HAZABOUS RAILROAD C OSSDGS; REGULATING THE 3PEI1l OF
GNUri ;ES, CANS ANEW TUAINS VITPR; THE CORMIATE L-M�rnFS
OF TEE CITY OF CORPUS CHRISTI; PRO:IIu.MNG THE ELVSIDG
OR SOUK ING OF "OHISCLES OF ANY LOC(IIWIVE OH 124GINE
;'dI'TfIL; ANY DESIGNATED HECREATION AEA LOCATEa; 'JITUD
HE I.MPOMTE LIMMS OF THE MY, `E: XEPT AT SUCH
PORTS AS ARE SPECIFICALLY DESIGNATOD, ME) ;iEQUIiiIl ;G
THE DR1137LE 70 BE LLOMVl O:i SOUdDEO AT SUCH _;E:SIGNAT_NO
203I \T3 ARDI No 19THa'.$, EXCEPT IN CASES Oc L7iE"Im a;
DESIGNATI`;G CERTAIN AREAS OF THE CITY AS iIECHEATIMAL;
Rr'QUIRING THE 1MGING Or 94GINE BELLS; PROVIDING A
PENALTY FOR VIOLATIW; REPEALDIG 01"WR]ANCES Li CONE'LICT
fQMWITH; PROVIDDIG A SEVERANCE CLAUSE; MD Pi.01r.M 14G
FOR, PET: >LICAI'I N A1i0 EFFECTIVE DATE.
LYiDlEAS, All railroad crossings within the City of Corpus Christi,
Texas, at which streets designated as State and /or national highways and /or
streets where an average count of motor vehicles using crossings nurdoers
five thousand (5,000) or more vehicles during a twenty -four hour period, such
streets at such crossings'of railroad tracks create great danger to the public,
and such crossings axe ^:deemed to be extra hazardous; and
MHEREAS, It has been found and determined that Garner and Market
Streets, among others, have railroad crossings thereon hereby deemed to be
extra hazardous; and
MEf'sAS, The excessive rate of speed of any and all locomotives,
trains and switch - engines moving and operating within the City of Corpus
Christi constitute a public danger and hazard; and
MIL,REAS, The blowing of train whistles, horns, sirens, and similar
devices in recreational areas in the City of Corpus Christi has caused a
detrimental effect on the health and general welfare of the citizens of
Corpus Christi:
NOti, TFERZFOUE, LE IT 0.1)AINEJ DY T! ,E CITY COUNCIL OF 'THE CITY OE'
COIPUS CHRISTI, TEXAS:
3 EC3IOU 1. It shall be the duty of each railway and railroad
company and the operator of each and every locomotive of any such railroad
operating a railroad within the corporate limits of the City of Corpus Christi
to keep by clay and night at each and all extra hazardous crossings, as same
are defined and determined by the preamble of this ordinance, one ornore flag -
:nen on all occasions while engines, locomtives, and /or trains are approaching
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and entering such crossings, whose duty it shall be to warn traffic of
the approach of trains; provided, however, that in lieu of the requirement
of maintaining such flagmen, such railroads may install and maintain at
each and every extra hazardous crossing a mechanical warning device, which
said device shall show a flashing red light or lights and /or a moving
lighted rocker arm, and shall sound a continuously ringing bell at all
times while a locomotive, engine, train, or any part thereof is approach-
ing within a distance hereinafter determined, and while on such crossing,
said device to be of the type approved by the State Highway Department
of the State of Texas, and the Director of the Department of Public
Safety of the City of Corpus Christi, Texas.
SECTION 2. When a railroad track crosses a street, and /or is
embraced by a street, the traffic of which is controlled by regular city
traffic lights in a manner that will enable the operator of such engine or
locomotive to comply with the traffic lights when such lights.have stopped
intersecting traffic, such compliance, when accompanied by the presence of
a watchman or flagman riding on the outside frontmost part of such engine,
locomotive, or frontmost car thereof, shall be considered to be a compliance
with Section 1 of this ordinance. It shall be the duty of such watchman or
flagman to assist such operation by warning traffic and pedestrians of the
approach of such engine, locomotive and /or train while entering such cross-
ings and /or while in such streets.
SECTION 3. The distance at which such flashing lights and con-
tinuously ringing bell, as provided for in Section 1 of this ordinance, shall
commence ringing and flashing shall be determined for each such crossing by
the Director of the Department of Public Safety of said City in view of the
location of, and railway and motor traffic at, each such crossing. Each
railroad owning tracks at such crossings shall recommend in writing such dis-
tance it deems reasonable and prudent which shall be approved by said Director;
if, however, such recommendation be deemed inadvisable, the Director shall re-
ject same and determine at what distance such bell shall commence ringing and
lights commence flashing; and the Director of the Department of Public Safety
shall so inform said railroad of his acceptance or rejection and independent de-
termination in writing. Any railroad aggrieved by such rejection and independent
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determination shall have fifteen days from the receipt of notice thereof
to appeal such rejection and determination by so notifying the City Council
in writing, whereupon the Council shall hold a hearing thereon within fifteen
days, and their findings for such designation shall be final ans same shall
Le announced within five days from the date of such hearinc, +.
SEC`rI( -i; 4. It shall hereafter be unlawful to operate or run or
cause to be operates or run when entering aru until fully occupying any public
crossing within the corporate limits of the City of Corpus Christi any rail-
road engine, car, or train of cars at a greater rate of speed than eighteen
(18) miles per hour while moving alone or pulling one or more cars.
5EC Ind 5. It shall hereafter be unlawful to operate or run or
cause to be operated or run when enterinf: and. until fully occupying any public
crossing within the corporate limits of the City of Corpus Christi any railroad
car or cars while Tieing pushed by anti preceding any railroad engine and /or
locomotive at a greater rate of speed than twelve (12) wiles per hour.
SW 21-ON 6. It shall hereafter be unlawful to blow or cause to be
sounded, any railroad engine whistle, morn, siren, or other noise malting device
on any engine or locomotive, except hells as specifically provided in Section
hereof, within any area specifically designated as a recreational area within
tiie corporate limits of tiie City of Corpus Christi, except in the case of an
emergency and that railroad engines or trains rpproa.ehing the ascule 'ridge
over the 'Corpus Christi ship channel may blow or sound a whistle or horn for
not exceeding five seconds; provided., however, that in such recreational areas
the 'Director of the Department of Public Safety may designate certain locations
at which such whistle, horn, siren, or other noise making device shall be
sounc.ec;, riot to exceed ten (10) seconds, which the Director may determine and
designate in view of excessive whistle blovting bein, detrimental to tite general
welfare but with due regard to the necessity of warning the public of tiie
existence of railroad crossings.
SECT EM 7. Upon the recommendation of the Director of Public
;safety of the desic,!nation of locations in recreational areas where at such
railroad engine whistles, horns, sirens, or other noise snaking devices shall
be Blown or sounded, the City Council shall approve or 'Disapprove such
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designated locations, and in the event of approval thereof by motion or
resolution, such locations shall be published once in the official paper
after which same shall be valid and effective.
SECTIOU G. It is hereby found and designated, for the purposes
of this ordinance, that that section within the City Lirnits of Corpus Christi
commonly known as "North 'teach" extending from the Bascule bridge to the
"Reef uridge" and the causeway bridge of U. S. highway lal , is a recreational
area.
SECT ICH 9. 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 are otherwise required.
SECTION 10. Any person, firm, or corporation who shall violate or
fail to comply with any provisions of the preceding articles shall be deemed
guilty of a misdemeanor and upon conviction, shall be fined. not more than
Two Hundred Dollars ($200.00).
.ECTION 11. In case a corporation is the operator of any equip -
went used in violation of any provision of this ordinance, the president, vice -
president, secretary, treasurer, manager, and the agent or employee operating
such equipment shall 11e severally liable for the penalties herein prescribed.
SECTION 12. All ordinances or parts of ordinances in conflict
herewith are hereby expressly repealed insofar as they conflict herewith; here-
by expressly repealing in its entirety Ordinance Ho. 3531 dated August 5, 1953.
SWTIOd 13. If for any reason any section, paragraph, subdivision,
clause, phrase, or provision of this 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.
SEC�'ION 14. This ordinance shall take effect from and after its
publication 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 15. That the foregoing ordinance w7s reed for the first
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time and passed. to its second reading on this the „9—Lc1ay of
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1954, by the following vote:
P. C. Callaway
Ellroy ring
James S. Naisnith
W. James 'Lrace
7
P. P. Peterson, Jr.
`4at the foregoing ordinance was read? for '.he 'gecon' tiluc cnc;
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passed to its third reac.ing on this the O clay of C , 1 54,
by the following vote:
F. C. Callaway
Ellroy iiing
donles a. Naismith
IA. James race
P. Peterson, Jr.
_'hat the foregoing ordinance was rear. for the third time and
passed finally oil this the day of (&,.I- , 1964, by the
following vote:
P. C. Callaway
1 roy Bing
:lames S. idaistaith
1V. Janes Lrace �� y
F. P. Peterson, Jr. i
PASSi:i) Aids APPROVES, This the f—day of ��—+ 1964•
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itAYO?2 �
TF'r1: CITY I CoBPUS 'IbTI, T%XAS
City Secretary
APPI OVD) AS TO UL4L FOlgii:
City Attorney
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