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HomeMy WebLinkAboutORD 90-37 ORDINANCE NO. Q - 3 7 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REPEAL SECTION 26-26 WHICH ESTABLISHES A SPEED LIMIT FOR TRAINS WITHIN THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, Chapter 26, Section 26-26, of the Code of Ordinances of the City of Beaumont presently limits the speed of railroad trains within the city limits of the City of Beaumont to twenty (20) miles per hour; and WHEREAS, provisions of the Federal Railroad Safety Act have effectively preempted municipal regulatory authority over train speed limits in favor of the uniform national regulation of such train speed limits; and WHEREAS, representatives of Southern Pacific Transportation Company have suggested that they would litigate this issue with the City of Beaumont if it does not repeal its preempted ordinance; and "WHEREAS, although the question of train speed limits clearly directly relate to the public safety of the residents of the City of Beaumont, it is clear that the Federal government-has removed from local authority the rights to regulate such speed limits; and WHEREAS, the City of Beaumont wishes to urge all railroad companies to maintain prudent speed limits within the limits of the City of Beaumont recognizing that public crossings of railroad tracks are inherently dangerous; NOW, THEREFORE, BE IT ORDAINED BY BY THE CITY OF BEAUMONT: 7-_-�- iG Section 1. That Chapter 26, Section 26-26, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3K,,-t day of , 1990. � . - Mayor - - 2 -