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HomeMy WebLinkAboutOrdinance 6430 ORDINANCE NO. AN ORDINANCE AMMDING CHAPTER 31 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, WHICH CHAPTER REGU- LATES THE OPERATION OF RAILROADS, BY DELETING SEC. 31-11; AMENDING SEC. 31-12, WATCHMEN REQUIRED AT CERTAIN CROSSINGS, BY DELETING THE PROVISIONS RE- LATING TO EAST SEVENTEENTH STREET AND THE FORT WORTH AND DENVER RAILWAY COMPANY AND MISSOURI-KANSAS- TEXAS RAILWAY COMPANY CROSSINGS ON EAST FIRST STREET AND REWRITING THE REMAINDER TO PERMIT FLAG- GING WITH A CREW MEMBER; AMENDING SEC. 31-13, DUTY OF WATCHMAN, SO THAT SAME SHALL REQUIRE A CREW MEMBER FROM EACH TRAIN TO PERFORM THE PARTICULAR DUTIES; AMENDING SEC. 31-14, FAILURE TO MAINTAIN WATCHMAN, BY REPLACING WATCHMEN WITH CREW MEMBERS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND NAM- ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 31-11 of Chapter 31 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby deleted from the Code of the City of Fort Worth. SECTION 2. That Section 31-12 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 31-12 Crew Member Required to Flag Crossing Each railroad company operating trains or switching movements over the Chicago, Rock Island and Pacific Railroad Company tracks where same cross East First Street shall be required to use a crew member at the crossing for flagging purposes, at its sole cost and expense." SECTION 3. That Section 31-13 of Chapter 31 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 31-13 Duty of Crew Member It shall be the duty of a crew member on each train to give sufficient warning of all engines and cars moving along the tracks under his charge, upon or toward the crossing on East First Street, and to use all possible diligence and care to prevent injuries being caused by such engine and cars to persons upon the street. Such crew member shall also pre- vent such street from being obstructed at such crossing by engines or cars upon the tracks under his charge. In every case of an obstruction in viola- tion of this Code, such crew member shall, within 24 hours thereafter, report to the Chief of Police or his assistant all the particulars of such obstruction, and the name of every person responsible therefor." SECTION 4. That Section 31-14 of Chapter 31 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 31-14 Failure to Use Crew Member A failure on the part of railway companies to use a crew member for the purposes desig- nated in this Chapter shall be good and suf- ficient cause for the forfeiture of any and all rights and franchises enjoyed by such rail- roads in the City insofar as the same may have been granted to them or recognized in them by the City." SECTION 5. That this ordinance shall be cumulative of all pro- visions of the Code of the City of Fort Worth (1964) , as amended, and all other ordinances of the City of Fort Worth, except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code or other ordinances, in which instances said conflicting provisions of such Code or other ordinances are hereby repealed. SECTION 6. 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 declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the re- maining phrases, clauses, sentences, paragraphs and sec- tions 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 7. That any person violating any of the provisions of this ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200) , and each day's violation thereof shall constitute a separate offense. SECTION B. That this ordinance shall become effective and be in full force and effect from and after the date of its pas- sage and publication as required by law, and it is so or- dained. APPROV D AS O FORM AND LEGALITY: u ` a C;,ty Attorney City of Fort Worth, Texas "'° t Mayor and Council Communication LWE DATE REFERENCE SUBJECT: Ordinance Amending Chapter 31 PAGE NUMBER of the Fort Worth City Code 1 a""'i""�' 2/1/71 G-1703 ' of �rN On January 18, 1971, an M&C was submitted to the City-Council recommending a ••. adoption of a proposed ordinance amending Chapter 31 of the Fort Worth City Code regulating the operation of-railroads within the city limits (M&C G-1691) . After the proposed ordinance was submitted to the City Council, it was learned that jk11 affected railroad companies had not been notified:, Therefore, it was recommgnded that action on the proposed ordinance be deferred for two weeks until proper notification could be given and opportunity allowed for comments from railroad officials. Following correspondence and-discussion with representatives of- the railroads, a few minor changes were made and have been incorporated into the attached ordinance. Some changes in terminology were made in Sections 31-12 and 31-14, but no substantive changes were made in the original amending ordinance. The attached ordinance as amended will delete from the City Code specific mentions of railroad crossings that no longer exist and will allow railroad companies to use a crew member for flagging and traffic control at specified crossings instead of 'a watchman. Recommendation It is recommended that the City Council adopt the proposed ordinance amending Chapter 31 of the Fort Worth City Code. HDM:ms Attachment SUBMITTED BY: DISPOSITI N BY NCIL: PROCESSED BY gLA"ROVED ❑ OTHER (DESCRIBE) ITY SECRETARY •- DATE CITY MANAGER 7