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:
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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Beaumont be and the same is hereby repealed.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All ordinances or parts of ordinances in conflict herewith are repealed to the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.
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