Loading...
HomeMy WebLinkAboutOrdinance - 1132-1951 - Providing Railroad Company Having Tracks Operating In Corporate Limits - 08/28/1951-~ ,. - oe-ze-t.9sl ORDINANCE NO. 1132 ~..;;..... __ _ AN ORDINANCE PROVIDING THAT EACH RAILROAD COMPANY HAVING TRACKS WITHIN OR OPERATING A RAILRDAD WITHIN THE COR- PORATE LIMITS OF THE CITY OF LUBBOC~ PROVIDE MAINTENANCE AND REPAIR AT CROSSINGS WHERE ITS TRACKS INTERSECT STREETS. HIGHWAYS AND AVENUES; PROVIDING CONDITIONS UNDER WHICH LIGHTS SHALL BE MAINTAINED AT CROSSINGS; PROVIDING FOR MAINTENANCE OF WATCHMEN AT CROSSINGS WHEN THE NEED IS DETERMINED BY RESOLU- TION OF THE GOVERNING BODY; PROHIBITING FENCING OF RAILROAD RIGHT OF WAY ALONG PUBLIC HIGHWAYS OR THE USE OF BARBED WIRE FOR FENCING ON RAILROAD RIGHT OF WAY; REQUIRING REMOVAL OF EXISTING FENCES OBSTRUCTING STREETS OR PARTS OF STREETS AFTER NOTICE; PROVIDING FOR INSTALLATION OF APPROVED SIGNAL BELLS AT RAILROAD GRADE CROSSINGS; .MAKING SPECIFIC EXCEPTIONS; PROVIDING CONDITIONS, HEARINGS, FINDINGS AND METHOD TO ABOLISH GRADE CROSSINGS; PLACING RESPONSIBILITY FOR ENFORCEMENT AND PRES- CRIBING PENALTIES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK; SECTION 1. Duty of railroad companies to maintain: It shall be the duty of each and every railroad company, at the crossing of its track with any avenue, street or highway of the city of Lubbock, to put and maintain the said crossing in a proper condition of repair for the entire width of the street at the place where it is crossed by the railroad track, and at its own cost and expense maintain the same in a proper condition over the entire width desig- nated for passage, travel and general use by the public. Whenever the terms and provisions of this article are violated in any particular, or any street has been permitted to remain out of repair contrary to the provisions of this ordi- nance for a period of five days, the general superintendent or division super- intendent, manager or local agent of the said railroad company shall be subject to a fine of not more than Two Hundred Dollars ($200) and each day that sid crossing is permitted to remain out of repair shall constitute a separate offense SECTION 2. Lights at crossings: Each railroad company having a line or portion of a line of railroad within or running through the corporate limits of the city of Lubbock shall erect and place, or have erected and placed, elec- tric arc lights of at least fifteen hundred (1500) candle power at such points on the line of its railroad as shall at any time be designated by resolution of the governing body and within sixty (60) days after the adoption of such resolution; and shall cause the same to be kept burning upon the same schedule as the city may now or hereafter have for its lights for street purposes. Said lights shall be so placed and constructed as to light the entire street at the point where the same is constructed and to show the condition and location of the track and crossings. If any railroad company, its officers, agents or employee15 shall fail to comply with the provisions of this section, or if any engineer, conductor, fireman or other agent, employee or servant of such company shall run any ~ngine or train between dusk and daylight over any line of track not lighted as required by this section, sucb persons, all or any of them, shall be deemed .. . .. guilty of a misdemeanor and, upon conviction, shall be fined not more than Two HWldred Dollars {$ZOO) for each offense, and any railroad company which shall fail to comply with the provisions of this s.ecti:&n shall, in addition to the other penalty herein prescribed, be. liable to pay to the city of Lubbock a penalty of One Hundred Dollars {$100) for each and every day that it shall fail to maintain any light directed to be maintained by the governing body, which penalty may be recovered by tlle city of Lubbock in an action at law. SECTION 3. When watchinan shaH be provided: Whenever, in 1he opinion of the governing body of the city of Lubbock, the public safety shall demand the placing and maintenance of a watchman at the intersection of the track of any railroad company operated within the corporate limits of the city of Lubbock with a public street, it shall be the duty of such railroad company to place and maintain at such crossing a watchman for the purpose of warning persons using the streets against approaching trairis or engines and for the purpose of obstructing and preventing such persons from coming in contact with said train or engine. Such watchnlan shall be competent to perform the duties of said watch- man, and he shall be kept on duty for such hours during the day and night as may be prescribed by t he resolution ordering his maintenance at any particular crossing, as provided for by Section 4. SECTfON 4. Maintenance of watchman to be directed by resolution: The determination of the governing body that the maintenance of a watchman at any crossing is demanded hy the public safety shall be expressed by a resolu- tion of the governing body, and shall direct the placing of such watc.hm.an at the particular crossing or crossings where the maintenance of said watchman is deemed necessary, and it shall be the duty of said railroad company, in case a watchman is ordered at any particular crossing, to cause said watchman to be placed at said crossing within five days from the time of the final passage of such resolution and notice to a local agent of such railroad company. SECTION 5. Delivery of resolution directing maintenance of watchman· hnmediately upon the passage of any resolution ordering a watchman to be main- tained at any crossing, as herein provided for, it shall be the duty of the city secretary to make out a certified copy of such resolution and cause the same to be delivered to the local agent of such railroad company within the city of Lubbock, or any general agent of said railroad company within the State of Texas, by ·mailing the same by registered letter, which resolution when so mailed shall constitute the notice required by this ordinance. SECTION 6. Penalty for violations of Sections 1 to 5: Failure to observ~. the requirements of Sections 1 to 5 and the directions of any resolution passed'by the governing body thereunder, shall render the president, vice- president, general manager, superintendent or any general agent or local agent I of any suc'h railroad company liable t~ a fine of not more than Two Hundred Dollars {$200), upon conviction in the corporation court, and each day's failure to observe the requirements of this ordinance and the directions of any resolu- tions passed hereunder shall constitute a separate and distinct offense. ,• .. SECTION 7. Fencing right of way; It shall be unlawful for any rail- road company to fence its right of way along any public street or highway in the city of Lubbock, or to fence its right of way with barbed wire anywhere in the city limits, or 1o build a fence of any kind along the right of way in said city where any street or highway running at right angles or nearly at right angles with such company's roadbed may extend to or across such roadbed or right of way. Any railroad companies now baving any fence or fences along its right of way, which obstruct any street leading up to or crossing such right of way, are hereby required to remove the same within thirty (30) days after being notified so to do by the city manager. Any railroad company, its officers, servants or employees of any kind violating any of the provisions of this Section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not more than Two Hundred Dollars ($200) for each offense. Each day such fence may remain shall constitute a separate offense, and in addition thereto the Chief d Police is hereby authorized to forcibly t~ke down such fence. SECTION 8. Duty of agents to see that requirements of Sections 1 to 7 are complied -with: It sball be the special duty of the station agent, local or ticket agent, or other representatives of a railroad having a track in this city, to see that the requirements of Sections 1 to 7 are complied with, and in case of a failure to comply with, or any violation of this ordinance, any of such agents shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in the next preceding section. SECTION 9. Each person, firm or corporation owning, leasing or operating, or the receiver in charge of, any railroad shall install, or cause to be installed, at each intersection of the tracks of the railroad, owned, leased or operated by each such person, firm or corporation, or in charge of such receiver, with any public street of the city of Lubbock, at least one signal bell which will automatically warn the public of the approach of trains. Before any such S.gnal bell is installed, the type and mechanism thereof shall be submitted to the governing body for its approval, and if such governing body shall not approve the type and mechanism of any such signal bell proposed to be installed by any such person, firm or corporation, or receiver, the governing body shall, by resolution, prescribe the type and mechanism of tbe bell to be installed at each such intersection and such signal bell shall be installed in accordance therewith • . SECTION 10. Operation on crossings not having bell: It shall be unlaw ful for any person, firm or corporation to operate or cause to be operated any engine, car or train of cars upon any railroad track across ~ny street in the city of Lubbock wbere a signal bell has not been constructed and installed and is not maintained and operated in accordance with the provisions of this ordinance, and the operation of any such engine, train or train of cars across each such inter- section street shall constitute a separate offense punishable by the fine pres- cribed by Section ll. It is hereby made the special duty of each police officer in the city of Lubbock to enforce the provisions of 1his Section, and to this end each police officer shall arrest all persons operating or in control of any engine, car or train of cars operated in violation of the provisions of this ordinance. SECTION 11. Penalty for violation of Sections 9 to 10: Any person, firm or corporation owning, leasing or operating, or the receiver in charge of u any railroad failing to observe and comply with the provisions of Section 9 to 10 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Two Hundred Dollars ($200) for each and every offense, and each and every day's violation of any of the provisions thereof s~ll consti- tute a separate and distinct offense. The failure of any corporation owning, leasing or operating a railroad within. into or through the city of Lubbock to comply with any of the provisions hereof shall render the president, vice.., . president, general manager, superintendent and any general agent and all local agents of any such corporation liable to the penalty prescribed by this Section. Where the operation of any train shall constitute a violation by the owner and lessee and the above-mentioned officers and agents, the engineer and conductor in charge of such train shall be subject to the penalty prescribed by this section. SECTION 12. Sections 9, 10, 11 apply at grade crossings only: The provisions of Sections 9, 10, and 11 shall not apply to any street intersection where such intersecting street passes under the railroad track or tracks cross- ing the arne, nQr where the railroad or tracks are constructed in a proper subway under the surface of such street. SECTION 13. Resolution or ordinance to abolish: Whenever the mainten- ance and operation of any track or tracks of any railroad, upon or across any public street or streets in the city of Lubbock, constructed and maintained at or near the grade of such street or streets, are, in the opinion of the governing body, a menace to life and property, or se~iously interfere with the comfort. safety or convenience of the public, the governing body shall, by resolution or ordinance, order the person, firm or corporation owning, maintaining or opera- ting such track. or tracks, to reduce such tracks below the level of the street or streets intersected or occupied by such track or tracks, or to elevate such track or tracks above the level of the street or streets occupied or intersected by such track or tracks, whichever in the judgment of the governing body is deemed safest and best, and the governing body shall require such person, firm or corporation so owning, operating or maintaining such track or tracks to provide necessary and proper crossings for public travel at all streets inter- sected by such track or tracks. SECTION 14. Hearing: Before the governing body shall enter any order, adopt any resolution or enact any ordinance requiring the owner or operator of any such track or tracks to reduce or elevate such tracks as the case may be, the owner or operator of su~h tracks shall be given a full and fair hearing as to all matters concerning such proposed change in said track or tracks and as to whether such change is a public n~cessity and should be made and the governing body shall investigate and determine as to the public necessity for reducing or elevating such tracks. SECTION 15. Time for removal to be fixed in ordinance or resolution: H, after such investigation and hearing, the governing body shall determine that the track or tracks of any railroad maintained and operated along or across any public street or streets in the city of Lubbock are a menace to life and property, or seriously interfere with the comfort, safety and convenience of the public, the governing body shall, by resolution or ordinance duly adopted or passed, declare such tra·ck or tracks so maintained and operated on such street or street •• v to be a public nuisance and shall order the owners or operator thereof to abate such nuisance, and to reduce or elevate such track or tracks, as in the judg- ment of the governing body is deemed safest and oest, and in said resolution or ordinance shall be stated the time for the commencement of said work of reduc- ing or elevating said track or tracks as the case may be; and the time within which said work shall be completed, which time shall be a reasonable time, and it shall also be stated therein the time within which plans for such work shall be filed with the governing body. SECTION 16. Plans and specifications; The owners or operator of such track or tracks sball, within the time specified in such resolution or ordinance, file with the governing body complete plans for said improvement, showing the character and kind of construction contemplated, and if such plans so furnished are not satisfactory to the governing body of the_ city of Lubbock, then such plans shall be so amended and changed as to meet the 4lproval of the governing body, or the governing Indy may direct the director of public works of the city of Lubbock to prepare plans for such contemplated improvement, and such work of reducing or elevating said track or tracks as the case may be, shall be done in accordance with tbe plans and specifications approved by the governing body of 1he city of Lubbock and to their satisfaction. SECTION 17. Penalty; If the owners or operators of any such track or tracks shall fail or refuse to reduce or elevate such track or tracks in the manner and within the time set forth in such resolution or ordinance so adopted or passed by the governing body, then all of the privileg_es,easements and fran- chises to maintain and operate such track or tracks on said street or streets shall be forfeited, revoked and cancelled, and any person, firm or corporation operati,ng trains over such track or tracks, or assisting in the operation of trains thereover, after the time specified for the making of such improvement shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Two Hundred Dollars {$200) for each offense, and the penalty herein pres- cribed shall extend and apply to all general and division officers and local agents of any corporation owning or operating such track or tracks, or opera- ting trains thereover, as well as to any and all persons in actual control of such train or trains, and to any and all persons having direction over the move- ment thereof. Each and every day during which trains shall be operated over or upon such track or tracks after the time specified for the making of such improvement shall constitute a separate and distinct offense. SECTION 18. When railroads shall change grade; penalty: It shall be the duty of every railroad company which has tracks in the city of Lubbock to raise or lower the grades of the same whenever required so to do by the governing body of the city of Lubbock. In such cases the director of public works shall give to such corporation at least thirty days' notice to begin the work of making such change, and the corporation shall have a reasonable time in which to make such change. Any corporation, its officers, agents or employees failing to comply with this section shall be deemed guilty of a misdemeanor and shall be fined not more than One Hundred Dollars {$100), and each day's failure shall constitute a separate offense. In addition thereto, the city may perform the work of making such change and tax the expense thereof against the road of such corporation and institute suit therefor in any court of competent jurisdiction. AND IT IS SO ORDERED. On motion of Commissic;mer Hufstedler • seconded by Com- missioner Thomas , this Ordinance was passed on first readin ----------------------- by the following vote, this 28th day of ·August • 1951. ----~~------------- .., C ommissioners voting ''Yea'': Hufstedler, Davis, T.homas and Mayor hhiteside Commissioners voting "Nay11 : None On motion of Commissioner • seconded by Com---------------------- missioner this Ordinance was passed on second -------------------- reading by the following vote, this day of , 1951. ------------------------ Commissioners voting "Yea": C ommissioners voting "Nay11 : Mayor ATTEST: City Secretary VEW:sv ORDINANCE # uaz FIRST READING ONLY NO FINAL PASSAGE