HomeMy WebLinkAboutOrdinance 10670
• 4
f`t a,
c
ORDINANCE NO. ~~ lU~
AN ORDINANCE REPEALING SECTION 20-206 ("SPEED LIMIT")
OF THE CODE OF THS CITY OF FORT WORTH., TEXAS, AS
AMENDED, SAID CODE SECTION PURPORTING TO SET RAILROAD
SPEED LIMITS WITHIN THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE COMOLATIVE; PROVIDING A SEVSRABILITY
CLAIISE; PROVIDING 'FOR ENGROSSMBNT-AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
- -
BE IT ORDAINED BY THE CITY COQNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION I.
Section 20-206 ("Speed limit"} of the Code of the City of
Fort Worth, Texas (1986}, as amended, is hereby repealed and is
of no further force and effect.
SECTION Ii.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Teaas
(2986}, as amended, eRCept where the provisions of this ordinance
are in direct conflict with the provisions of such ordinances and
such Code, in Which event conflicting provisions of such
_..ordi~nances and such Code are hereby repealed.
s$cTION III.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be
., ~ +~;
<<
:~.
,a
.~, .>
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION IV.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and Section V in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
SECTION V.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPR VED AS TO FORI+t AND LEGALITY.
~_ ~.
Assistant City torney
Date- v ''
e~
ADOPTED'
EFFECTIVE•
~)„~-° pity of 1Fov°t W®rth, ~'e.~~~
Mayor and ~ouncal Coman.unication
DATE REFERENCE SUBJECT ~~-
NunnBER ORDINANCE
9-18-90 I **G-8806
RECOMMENDATION:
It is recommended that the City Council adopt t
repealing Section 20-206 of the Code of the City
(1986), as amended, which provides speed limits
engines, or other rail vehicles within the City of For
DISCUSSION:
PAGE
1 of
2
he attached ordinance
of Fort Worth, Texas
for railroad trains,
t Worth.
After receiving a request from the National Railroad Passenger Corporation
("Amtrak") that the City repeal the railroad speed limit ordinance on the
basis that the ordinance is preempted by the Federal Railroad Safety Act of
1970, 45 U.S.C. §434, the City Manager's Office and the Department of
Transportation and Public Works requested a legal opinion from the
Department of Law. The Department of Law researched the issue and concluded
that Section 20-206 is preempted by the federal Act, pointing out that seven
United States District Court opinions have held that local railroad speed
limit ordinances are preempted by the Act. There is no authority to the
contrary.
Amtrak is interested in initiating a study of the rail lines in Fort Worth,
including input from the City's Traffic Engineer and others concerning local
conditions, but the railroads do not want to devote resources to such a
study while the existence of the speed limit ordinance would either limit
the scope of any study or impede the implementation of any study
recommendations. In other states where the local authorities have failed to
repeal their ordinances, the railroads have initiated litigation to have the
ordinances declared invalid. These lawsuits have resulted in the seven
decisions which have held railroad speed limit ordinances to be preempted by
the Act.
Although the City can no longer directly regulate railroad speed limits,
under the Act, the Texas Railroad Commission can act on behalf of the City
'to enact regulations to address "essentially local safety hazards." The
°City can also try to get the United States Department of Transportation to
enact regulations governing the speed of trains in cities, since the
existing regulations do not differentiate between urban and rural areas in
establishing speed limits.
The repeal of Section 20-206, the railroad speed limit, which is clearly
invalid, would avoid possible litigation costs to the City and promote a
cooperative atmosphere between the City and the railroads. In addition,
since the City of Fort Worth is itself a part-owner of a rail line
DATE REFERENCE suB~ECT REPEAL OF RAILROAD SPEED PAGE
NUMBER ORDINANCE 2 2
9-18-90 **G-8806 ~f - ----
(RAILTRAN), it would be in the City's interest to support the proposition
that local governments can not set railroad speed limits.
Attachment
WA:b/6
APPROVED BY
CITY COUNCIL
S ~: P 18 1990
City Secr®tary of the
City o£ Fort W azth, Tazo~
SUBMITTED FOR THE
CITY MANAGER'S
omer
G
Mik
6122
DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY _ ro
e ^ APPROVED
ORIGINATING
DEPARTMENT HEAD
Wade Adkins
7623 ^ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Larr Reed
7647 ((( ~~_~~~,,,
~ / /A
(//0 ~.
DATE