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HomeMy WebLinkAboutORD 43-DAN ORDINANCE Requiring the Gulf, Colorado 8Santa Re Railway Company to keep and maintain a flagman at the North Street crossing of said railroad during certain hours of the day;prescribing a penalty for the failure of said Railway Company to keep and maintain said flagman at said crossing; and declaring an emergency* BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. That the Gulf, Colorado and Santa Re Railway Company is hereby ordered, and shall, from and after the date this Ordinance becomes effective, be required to keep and maintain, between o'clock A.M. and o clock 2,11. of each and every day, a flagman at the North Street crossing of the Gulf, Colorado and Santa -Fe Railroad in the City of Beawnont. Such flagman shall be properly equipped at all times while on duty with proper and necessary signaling devices' -and shall warn all persons traveling along North Street of the approach of any engine or train along such railroad, Section 2. Upon fa -lure to provide and maintain a flagman properly equipped at the North Street -crossing of the Gulf, Colorado and Santa Fe railroad, as required in Section 1 hereof, the said Gulf, Colorado and Santa Fe Railway Company shall be liable to a penalty of 0100.00 for each and every day it shall faL1 to provide and maintain such flagman, as required in Section 1 hereof, the same to be recovered in a suit brought in the name of the City of Beaumont -in any court of competent juris- diction. Alt fi gection 3. By the term "maintaining a flagman" as used herein is meant either the keeping of a man on duty at said crossing during the hours provided above properly equiped with flagging devices, or the stopping of all trains, engines or cars before reaching said., crossing and one of the crew of such train, engine or car, advancing over said crossing ahead of the train, engine or car with proper flagging devices. Section 41 the fact that persons passing along North Street at the crossing of said street over the Gulf, Colorado and Santa Fe Railroad are unable to see approaching trains along said rail road, in many instances until too late to avoid collision; thereby constituting a public hazard endangering the lives of persons travelling said street, creates an imperative public emergency, necessitating the suspension of the rule requiring ordinances to be read on three separate days before final passage; wherefore, such rule is hereby suspended and this ordinance shall take effect from and after the date of its passageā€¢ i'assed by the --affirmative vote of all members of tIz City Commission this 10th day of April,