HomeMy WebLinkAboutORD 28-KAN ORDII`TANCE REGTL ffTIDTG TRAFFIC UPON CERTAIN
ST_REL S ti12) ALTiYS A1��D RAILROAD CROSSIlTGS LST
THE CITY OF BEAUILMNT, `SMAS, =ZUIRRI%dG RAIL"XiAY
COT','I'AITIES TO PROVIDE tN! D '_11 ItUAIN 1.1=MES AND
STOP SIGHTS ON SUCH STREETS, PROVIDING PEHALT1 S
FOR `?IE VIOLATION ME7P301-1, At,ID GRAHMING FRIV-
IIIGES TO `IHE RAIL -Y. CO -MI' NIEES TO UEq] PORTION
OF =E STREETS FOR INSTALLING SI(2,TAL LIGHTS AMID
,EPEALIriG ALL OTH�-i ORDL�10TCES III CONFILICT+RE-
?TI'H, INCLUDING TIE, ORDINANCES RF,GITLATII�ICT SP rED
-OF TRA TITS OVER_ SUCH STREETS.
I. -E R'EAS, it is highly desirable to eliminate in so far as pos-
sible, the blocking oi' street crossings by the move_:ient of trains over and
across Park and Orleans Streets, between Crockett Street and Laurel Avenue;
across Cxockett5treet, between Park and Pearl Streets; across Pearl and Main
Streets, between Crockett and Bowie Streets; across Travis and Cypress Streets,
between Hickory and `I'evis Streets, in the City of Beaumont, Texas, and to re-
duce materially the time now taken. by the movement of trains passing over said
crossings; and
,7hereas, the railroad so crossing said streets has submitted
to the City of Beaumont, Texas, certain plans and specifications for the in-
stallation of a system of., signal lights YL.ich have been approved on advice of
the City Engineer by said City of Beaumont, Texas9
NOW `METREFORE, BE T?' ORDAINED BY THE CITY CO?:' ISSION OF IFE
CITY OF BE.Lu!,ONTT, TE-z:&S:
SECTION 1. It shall be unlawful for any person, firm or
corporation to operate any train over any part of Park and Orleans Streets,
between Crockett Street and Laurel Avenue; Crockett Street between. Park and
Pearl Streets; Pearl an d Main Streets, between Crockett and Bogie Streets;
Travis and Cypress Streets,, between Hickory and Tevis Streets in the City of
Beaumont, Teras, without first having installed and put into operation at
their own cost and expense, a manually controlled system of signal lights to
be placed vdth respect to each of said street crossings to indicate the approach
of moving trains to said crossings, and each of them, such lights to be kept,
maintained and operated by such person, fir:- or corporation in such a manner
that during such hours as an operator maIT be assigned to operate such system
of signal lights upon the approach of a train or locomotive or other railvray
equipment moving over said railway tracks, said lights shall shoat red from
the directionsof vehicular and pedestrian traffic on said street crossings
respectively, and that after such locomotive, train or other rails 7ay equip
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ment has passed over a crossing and \cleared the same, said lights as to that cross-
ing shall show green from the directions of the vehicular and pedestrian traffic.
The hours during which said systemm of signal lights shall be operated shall be
determined by the City Co:Missior_ of the City of Beaumont, with due regard to
time and frequency of movements of trains and density of street traffic.
�JCTIONT 2. It shall be unlawful for any person Co drive any
vehicle upon or to otherwise go upon said street crossings or to undertake to
cross said railway on said street crossings, or any of saim, at any time when
the signal lights required by Section 1 thereof shall show red from the direc-
tions-of
irec-tions of vehicular and pedestrian traffic, provided, however, that this section
shall not be constru*eed. to prevent any railway employee while in the actual dis-
charge of his duties under his e.nployment from going or being upon or near the
tracks of said railway:
SECTION 3. It shall be unlawful for any person to stop any
vehicle or to stand upon any railmy track upon said streets, or any thereof, or
to stop any vehicle or to stand within fifteen feet of any railway track on said
streets or any thereof, between the limits, hereinbefore described, at a time when
the signal lights required by Section 1 hereof -shall show red; and for the pur-
pose of enabling motor vehicle drivers and pedestrians' to determine as to the
fifteen feet clearance li: from such railw y tracks, it shall be the duty of such
railway company to place and is.mintain a :parker from the center line to the curb
on the right side of each of such streets, and at a distance of fifteen feet from
the nearest rail of such railway tracks.
SECTION 4. It shall be unlawful for any operator of any
vehicle approaching within fifteen feet of the said railroad crossings on the
above streets, to be traveling at a rate of speed in excess of ten miles per hour.
SECTION 5. .any officer, agent or employe of any railway
company operating the railroad over and across Park, Orleans, Crockett, Pearl,
Main, Travis, and Cypress Streets, between the limits on each of said streets
hereinbefore described, who shall operate or cause to be operated any train
over such street crossings in violation of section 1 of this ordinance, shall
be deemed guilty of a misdemeanor, and upon conviction shall be punished by a
fine in any sum not le ss than ..One.= and no/100 Dolla rs 00) , no r more than
One Hundred and no/100 Dollars (y�:IDD.00); and each day on which trains or engines
or other railroad equipment -aay be so operated, shall constitute a separate
offense, or the City of Beaumont shall have a right to collect by suit in any
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court of competent jurisdiction from. said railmy companies so violating
said provision, penalty of not less than -0ne and no/100 Dollars,. (:L00};
nor more than .One Hundred and no/100 Dollars (P,1)0.00) for each day said cora
parry so violates said provision; provided that, if it shall be shotn by any
person or railway coiupany charged with such an offense, that the failure of
the signal lights, required by section 1 hereof to be operated, was clue to
breakage or failure of any equipment, or.a part of such system of signal
lights, or -to the condition of the weather, or, to other causes over which
such railroad company had no control, and provided that in the event of such
failure, and as soon as practicable thereafter, and during continuance there-
of other means ,shall be employed by said railroad 'companies to turn vehicular
and pedestrian traffic of the appivach of trains, engines or other railvay
equipment to such crossings, such failure to so operate such lights shall not
be .deemed a violation of Section 1 of this ordinance.
SEC'T'ION 6. Any person who shall violate any o f the provisions
of any section, other than section 1,of this ordinance shall be deemed guilty of
a misdemanor, and upon conviction thereof shall be punished by a zine in any
sum not less than ::One. and no/100 Dollars 0;1.00) , nor more than One Hundred
and no/100 Dollars (A00.00).
SECTIONT 7. The right and privilege to the use of such portion
of any street upon which signal . lights are required by this ordinance to be
installed and .maintained as may be necessary for the proper installation and
effective operation thereof, is hereby granted to any railway company operat-
ing railway tracks over such streets between said limits, provided that the
necessity for the use of such, portion of such street or streets for such pur-
pose shall be passed upon and determined by the City Engineer of the City 'of
Beaumont', Texas, acting in .conjunction vritth the Chief Engineer of such rail-
taay company; -and if such -engineer can not agree .ss to such a necessity, the
matter shall then be placed before the City COMMission for determination;
provided that in no event shall any such railtvay company be required to in-
stall any light required by section 1 hereof, if, in order to the proper
installation and effective operation of such light, it cannot be installed
on property owned by such railt,ay company or'upon thezblic_.street where
such light is required to be installed.
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AN ORDINANCE
ENTITLED AN ORDINANCE REGULATING TRAFFIC OVER,
_ AND/OR_UPON CERTAIN STREETS AND RAILROAD CROSS-
INGS IN THE CITY OF BEAUMO:NT , TMS, 1NOW_HAV Ni G
MANUALLY CONTROLLED SYSTEM OF SIGNAL LIGHTS
OPERATED BY RAILI'TAY COMPANIES WHERE. THE RIGHT-
OF-WAY INTERSECTS SAID STREETS, AND REPEALING
ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BEAUMO NT t
SECTIOlN 1
That it shall hereafter be unnecessary for
traffic lights or signals now installed, or hereafter
to be installed, on Park and Orleans Streets between
Crockett Street and Laurel Avenue; Crockett Street be-
tween -Park and -Pearl -Streets;- -Pearl and. Rain -Streets -
between -Crockett and Bowie Streets; Travis and Cypress
Streets between Hickory and Tevis Streets, in the City
of Beaumont, Texas, intersecting the right-of-way of
any railway company to display a green signal after the
tracks have been cleared by trains, locomotives or
other railway equipment propelled over said tracks.
SECTION 2
All ordinances and/or parts of ordinances in
conflict herewith are hereby expressly repealed.
PASSED by r;. affirmative vote of the City Com-
mission this the day of April, A.D. 1939.
OR