HomeMy WebLinkAboutOrdinance - 1235-1952 - Operations Of Railroads Across The Intersections Of Ave U, M, And F. - 06/26/1952\-·. ·-,.t.
m;. /j'!, U( ~ p.~ ~"1 ;. T' ORDINANCE NO. ~ r~,IJ4,~~.; 7~1~-..rc:<.. -----
AN ORDINANCE DECLARING THE OPERATION OF RAILROADS ACOOSS THE INTERSECTIONS
OF AVENUES nun, nyn , AND ••P11 AT THEIR INTERSECTIONS WITH THE CLOVIS BRANCH OF THE
SANTA FE RAILROAD TO ENDANGER THE HEALTH, LIFE, PROPERl'Y AND GENERAL WELFARE OF
THE CITIZENS OF THE CITY OF LUBBOCK; DIRECTING SUCH PERSONS 1 FIRMS OR CORPORATIONS .
.., , . t OWNING, LEASING OR OPERATIOO, OR THE RECEIVERS IN CHARlE OF SUCH RAILBOADS AT ~.l r·{.t:~!\. ~ THEIR 0\VN COST OR EXPENSE TO PROVIDE CERTAIN STIPULATED NECESSARY WARNING DEVICES ':~~ e-t:/; FOR THE PROTECTION OF SUCH CITIZENS UNLESS PLANS FOR OTHER TYPES OF l'IARNING DEVICES ht~..&.f J BE SUBMITrED TO AND APPROVED BY THE CITY COMMISSION PRIOR TO THEIR INSTALLATION;
7 ~9 j')/ PROV'IDING FOR A FINAL INSTALLATION DATE; PROV'IDING FOR PUBLICATION OF SUCH ORDI
NANCE; PROVIDING A PENALTY; AND DECLARtNG AN EMEffiENCY. ~ f; ,),t e:.'~
/u~r) WHEREAS, due to the expanded growth o£ the City ot Lubbock in area and popula .:. ,.. '\ .,r,.j l tion certain hazards perilous to maintaining the peace, good government, health and
fo _ ~ 0 ~ welfare or the City ot Lubbock have arisen; and,
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WHEREAS, certain persons, firms or corporations owning, leasing or )>perating
or the receivers in charge o£ railroads operate or cause to be 6perated their
trains and cars upon the Clovis Branch of the Santa Fe Railroad where such rail•
way crosses the public thoroughfares of Avenues u, M, and P in the City ot Lubboek
without adequate warning devices at such intersections which practice endangers the
health, lite, property and general welfare of such citizens so crossing euoh inter•
sections; and,
WHEREAS, the City of Lubbock is authorized, through the exercise o£ its
police power, to protect the health, life, property and general welfare of its
citizens by requiring installation of adequate warning devices at the ooet and
expense or those persons, firma or corporations, owning, leasing or operating, or
the receiver in charge of such railroads on all such railroad-highway crossings
where, in the discretion or the City Commission of the City ot Lubbock, such warn
ing devices are deemed necessar.y; THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That each person, firm or corporation owning, leasing or operat
ing, or the receiver in charge of a~ railroad which cause such railroad to be
operated on what is known as the Clovis Branch of the Santa Fe Railroad as it
crosses Avenues u, M, and P in the City o£ Lubbock shall install or cause to be
installed at his, its or their own cost and expens~at each intersection of the
tracks o£ the railroad, owned, leased or operated by each such person, firm or cor·
poration, or in charge of such receiver, with all such public streets being Ave
nues u, M, am P in the City o£ Lubbock, flashing signal lights which shall show
red from the directions o£ vehicular and pedestrian traffic on said street cross
ings, and to be controlled automatically' through track circuits.
SECTION 2. All such flashi~ light type signals and the installation of , .,
same as required in Section 1 (One) hereof shall be in canpliance with Figure 11
on page 18 of Bulletin No. 4 of Railroad-HighwaY Grade Crossing Protection, Recom
mended Standards published Qr the Joint Committee on Grade Crossing Protection unde
auspices of the Association of American Railroads, Washington 6, D. c., Approved
as American Standard by American Standards Association on April 6, 1951 - D 8.1 -
1951 UOO 656.216:614.8, Library ot Congress Card Number 42 .. 36.345, and all such
other specifications contained therein which explains the installation of such
electric flashing light type warning device; a cow of such Bulletin No. 4 is on
file with the City Secretary of the City of Lubbock, to which reference is here
made for all purposes, and contained &e-:tm.l:1' as complete aa if such Bulletin were
copied herein in complete detail.
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SOOTION 3. All such flashing light type signals specified in Section 2 (Tw
hereof shall be installed not later than Sixty (60) days after the effective date
of this Ordinance, unless prior to such installation date other plans and speci•
fications for warning devices an Avenues u, M, and P shall have been submitted to
and approved by the City Commission of the City of Lubbock prior to the installa•
tion of such warning devices, and if such City Commission shall approve the type
mechanism or any such other signal lights proposed to be installed b.y ~ sbbhl·
person, firm or corporation, or receiver, the City Commission ot the City ot Lub•
bock shall, by resolution, approve the type and mechanism ot such other .flashing
lights to be installed at each such intersection and such flashing lights shall
be. installed in accordance therewith not later than Sixty (60) days after the
effective date of this Ordinance.
SECTION 4. It shall be unlawful for aey person, fi~ or corporation to
operate or cause to be operated a~ engine, car or train or ears upon any railroad
track across Avenues u, M, and P where flashing lights have not been construct~d
and installed and are not maintained and operated in accordance with the provision;
of this ordinance, and the operation of any such engine, train or train of cars
across each such intersecting street shall constitute a separate offense punishabl
b.r the fine prescribed by Section 5 (Five) or this 'Ordinance.
SECTION 5. Any person, firm or corporation owning, leasing or operating,
or the receiver in charge of, any railroad who shall fail to observe and comply
with the provisions of Sections l (One), 2 (Two), 3 (Three) and 4 (Four) hereof
shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than Two Hundred and N0/100 (i~oo.oo) Dollars for each and fNery
offense, and each and every crossing in violation of this Ordinance shall consti
tute a separate and distinct offense. The failure of a~ corporation owning,
leasing or operating a railroad within, into or through the City of Lubbock to com
p~ with anr ot the provisions hereof shall render the president, vice-president,
general manager, superintendent and any-general agent and all local agents of aey'
such corporation liable to the penalty prescribed by this Section.
SECTION 6. That the conditions existing on Avenues u, M, and: P as they
cross the tracks known as the Clovis Branch of the Santa Fe Railroad endanger the
health, life,property and general welfare of all citizens of the City of Lubbock
and any person or persons attempting to make such crossings, and as such creates an
emergency, and this Ordinance shall become effective upon its final passage and
publication as provided by law, and the City Secretary is directed to immediately
publish the descriptive oaption and penalty clause.
SECTION T. If any clause, sentence, section or paragra~ of this Ordinance
should be held unconstitutional or void for any reason b.y any court of' final
jurisdiction, same shall not affect the other parts or this Ordinance which will
remain in full force and affect.
AND IT IS SO ORDERED.
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On motion or Commissioner Davis ' , seconded by Commissione
_ _ Ca6penter · , the foregoing Ordinance was passed on first reading
this _! !Enday or Jnne __ , 1952, by the following votes
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Commissioners voting "IEA"s CarP enter, Morris, Davis, Thomaa and Meyor
T ... S' ( rl.pp
Commissioners voting "NAYtr: None
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6-26-52
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On motion of Commissioner , seconded b.r Commissioner
--~--:------' the foregoing Ordinance was passed on second reading this
day of , 1952, b.r the following vote:
Commissioners voting "YEA"c
Commissioners voting "NAYif:
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ATTEST:
City Secretar.y-Treasurer
CAM:rr
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!liw:orell R. Tripp, Mayor
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