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Home My WebLink About03945 ORD - 11/17/1954, AN ORDINANCE AMENDING AN ORDINANCE BEING NO. 38a4, DATED THE ^•' 4TH DAY OF AUGUST, 79 , RECORDED IN VOLUME 22, PAGE 449 OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, ENTITLED , 'DECLARING CERTAIN STREETS AND HIGHWAY CROSSINGS OF RAILROAD TRACKS TO BE EXTRA HAZARDOUS; REQUIRING OF FLAGMEN OR SIGNAL DEVICES AT ALL EXTRA HAZARDOUS RAILROAD CROSSINGS; REGULATING THE SPEED OF ENGINES, CARS AND TRAINS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; PROHIBITING THE BLOWING OR SOUNDING OF WHISTLES OF ANY LOCOMOTIVE OR ENGINE WITHIN ANY DESIG14ATED RECREATION AREA LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY, EXCEPT AT SUCH POINTS AS ARE SPECIFICALLY DESIGNATED, AND REQUIRING THE WHISTLE TO BE BLOW14 OR SOUNDED AT SUCH DESIGNATED P0114TS AND NO OTHERS, EXCEPT IN CASES OF EMERGENCY;• DESIGNATING CERTAIN AREAS OF THE CITY AS RECREATIUNAL; REQUIRING THE RINGING OF ENGINE BELLS; PROVIDING A PENALTY FOR VIOLATION: REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE; PROVIDING THAT MECHANICAL WARNING DEVICES INSTALLED ON HAZARDOUS CROSSINGS NOT STATE AND OR NATIONAL HIGHWAYS. THAT ARE APPROVED BY THE DIRECTOR OF PUBLIC SAFETY OF THE CITY OF CORPUS CHRISTI . T _EXAS SHALL BE A COMPL LANCE WITH SECTION 7 OF ORDINANCE 4 2 ; PROVIDING A PENALTY; PROVIDING RESPONSIBILITY FOR CORPORATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERANCE CALUSE; PROVIDING FOR PUBLICATION, AND DECLARING AIJ EMERGENCY, NOW, THEREFORE, BE IT ORDA114ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE #3824, DATED THE 4TH DAY OF AUGUST, 1954, RECORDED IN VOLUME 22, PAGE 449, OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, ENTITLED 'DECLARING CERTAIN STREETS AND HIGHWAY CROSSINGS OF RAILROAD TRACKS TO BE EXTRA HAZARDOUS; REQUIRING THE KEEPING OF FLAGMEN OR SIGNAL DEVICES AT ALL EXTRA HAZARDOUS RAILROAD CROSSINGS; REGULATING THE SPEED OF ENGINES, CARS AND TRAINS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, PROHIBITING THE BLOWING OR SOUNDING OF WHISTLES OF ANY LOCOMOTIVE OR ENGINE WITHIN ANY DESIGNATED RECREATION AREA LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY, EXCEPT AT SUCH POINTS AS ARE SPECIFICALLY DESIGNATED, AND REQUIRING THE WHISTLE TO BE BLOWN OR SOUNDED AT SUCH DESIGNATED POINTS AND NO OTHERS, EXCEPT 114 CASES OF EMERGENCY; DESIGNATING CERTAIN AREAS OF THE CITY AS AMENDED.URDINANCE ,#3024 - EMIB:MLD - 11 -16 -54 - PAGE 2 AA ^ "- Y,P?A4✓7 ^: -.v. RECREATIONAL; REQUIRING THE RINGING OF ENGINE BELLS; PROVIDING A PENALTY FOR VIOLATION; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. ") IS HERESY AMENDED AS FOLLOWS, TO -WIT: SECTIO14 2. THAT SECTION 1 OF SAID ORDINANCE #3824, THE TITLE OF WHICH IS SET OUT IN PARTICULARITY IN SECTION 1 HEREOF, IS HEREBY AMENDED TO READ AS FOLLOWS, TO -WIT: "SECTION 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 DAY AND NIGHT AT EACH AMC) ALL EXTRA HAZARDOUS CROSSINGS, AS SAME ARE DEFINED + AND DETERMINED BY THE PREAMBLE OF THIS ORDINANCE, ONE OR MORE FLAGMEN ON ALL OCCAS1014S WHILE ENGINES, • LOCOMOTIVES, AND /OR TRAINS ARE APPROACHING AND ENTERING SUCH CROSSINGS, WHOSE DUTY IT SHALL BE TO WARN TRAFFIC OF THE APPROACH OF TRAINS; PROVIDED, HOWEVER2 THAT IN LIEU OF THE REQUIREMENT OF MAINTAINING SUCH FLAGMEN, SUCH RAILROADS AMY INSTALL AND MAINTAIN AT EACH AND EVERY EXTRA HAZARDOUS CROSSING A 14ECHANICAL 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 APPROACHING 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; PROVIDED FURTHER, HOWEVER, THAT AT ALL EXTRA HAZARDOUS CROSSINGS, OTHER THAN THOSE DESIGNATED AS STATE AND /OR NATIONAL HIGHWAYS, AND AT WHICH SUCH CROSSINGS THERE AMENDED OR #1824 - EPBK:MLD - 11 -16 -54 - PAGE 3 HAD BEEN HERETOFORE, OR HAS, INSTALLED A MECHANICAL WARNING DEVICE OF THE GENERAL TYPE MORE FULLY DESCRIBED HEREINBEFORE, WHICH SAID DEVICE MEETS THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF CORPUS CHRISTI, TEXAS, SHALL BE CONSIDERED A COMPLIANCE WITH THE REQUIREMENT OF THIS SECTION. SECTION 3. 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 (200.00) DOLLARS. SECTION 4. IN CASE A CORPORATION IS THE OPERATOR OF ANY EQUIPMENT USED IN VIOLATION OF ANY PROVISION OF THIS ORDINANCE, THE PRESIDENT, VICE - PRESIDENT, SECRETARY, TREASURER, MANAGER, AND THE AGENT OP. EMPLOYEE OPERATING SUCH EQUIPMENT SHALL BE SEVERALLY LIABLE FOR THE PENALTIES HEREIN PRESCRIBED. SECT 1014 5. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED INSOFAR AS THEY CONFLICT HEREWITH; HEREBY EXPRESSLY REPEALING IN ITS ENTIPETY SECTION 1 OF OROINAHCE #3524, DATED AUGUST 4, 1954. SECTION 6. IF, FOR ANY REASON, ANY SECTION, PARAGRAPH, SUB- DIVISION, 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. SECTION 7. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATIOII SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE A140 PENALTY FOR VIOLATION THEREOF. SECTION 8. THE FACT THAT THE STATE HIGHWAY DEPARTMENT'OF THE STATE OF TFXAS HAS INFORMED RAILROAD COMPANIES OPERATING WITHIN THE -3- AMENDED ORD. #3824 — EMS:MLD — 11 -16 -54 — PAGE 4 _ , CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS THAT IT DEEMS ITSELF TO BE WITHOUT AUTHORITY TO APPROVE OR DISAPPROVE MECHANICAL WARNING DEVICES HERETOFORE INSTALLED AT RAILWAY CROSSINGS BY RAILROA052 NOT DESIGNATED AS STATE AND/OR NATIONAL HIGHWAYS, HAS NECESSITATED SUCH RAILROADS HAVING A FLAGMAN PRESENT AT SUCH CROSSINGS IN ADDITION TO THE EXISTENCE OF SUCH MECHANICAL WARNING DEVICE IN ORDER TO SATISFACTORILY COMPLY WITH THE PREVIOUS PROVISIONS OF ORDINANCE #3'324, EVEN THOUGH SUCH DEVICES HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN AND 15 WORKING AN UNDUE HARDSHIP ON SUCH RAILROADS AND WHICH SUCH SITUATION COULD IMPROPERLY AND DANGEROUSLY RESULT IN AUTOMOBILE DRIVERS BECOMING DEPENDENT UPON BOTH MECHANICAL WAR14ING DEVICES AND WATCH14EN SO AS TO CREATE A DANGER TO THE GE14EXAL PUBLIC AT OTHER SUCH CROSSINGS WHICH HAVE NOT OTHERWISE REQUIRED BOTH A WATCHMAN AND A MECHANICAL WAPNING DEVICE, CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDd NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND-THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED 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 a EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS THE /7 DAY OF J��, 1954. ATTEST: MAYOR /` y THE CITY OF CORPUS CHRISTII,TEXAS l�((�/,L CITY SECRETARY I//f APPROVED AS TO LEGAL FORM: CITY ATTOI NEY -4- rH+c.A . • ,,....a,..w- .,w- w.ro....v -�a.,- _'... :' .w....... , .ti �a...,, ...._.�.,.- ,+r�.«......=...Iw'- - -_ ......_. ; „..,..,.. ..a.Mwa.. CORPUS CHRISTI) TEXAS TO THE - MEMBERS =OF :THE_C I,TY�COUNCI L,,,,,,,„,—. , CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE GF THE FOREGOING OPDINANCE, 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 OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS �F THE CITY COUNCIL; i, THFREFOPE, HEREBY REQUEST THAT YOU SUSPEND SAID CHAPTEP RULE OR REQUIREMCNT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTROOVCEO, OR Al THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Q @, —to, < MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE / F. P. PETERSON, JR�'OfF'W THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR. 9114 -5