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Ord 2349 8/14/1967 ORDINANCE NO. 9 AN ORDINANCE IMPOSING TEMPORARY OPERATING RESTRICTIONS ON ALL TRAINS OPERATING ON FORT WORTH AND DENVER RAILWAY COMPANY TRACKS NEAR THE INTERSECTIONS OF KEMP AND KELL, AND FAIRWAY AND KELL, AND DECLARING AN EMERGENCY. WHEREAS, the City of Wichita Falls executed an agree- ment with the Fort Worth and Denver Railway Company dated March 2nd, 1967, for the purpose of providing track circuits and other necessary equipment to permit adjacent traffic signals to function as railroad warning signals; and, WHEREAS, the construction of the Kell extension between Kemp Boulevard and Fairway Boulevard has been completed and the installation of traffic signals at the two aforementioned inter- sections has been completed, both at considerable expense to the citizens of the City of Wichita Falls ; and, WHEREAS, the Fort Worth and Denver Railway Company has not provided the track circuits and other necessary equipment to permit the adjacent traffic signals to function as railroad warning signals as agreed; and, WHEREAS, the operation of trains across the crossings without the warning provided by the aforementioned devices would create a severe accident hazard both to trains operating upon this track and to motorists crossing these at-grade cross- ings ; and, WHEREAS, the City of Wichita Falls wishes to provide for the safety of its citizens ; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. No train shall enter or pass over the at- grade crossings of Fairway Boulevard and Kemp Boulevard adjacent to the west extension of Kell Boulevard at a speed greater than ten (10) miles per hour. Flagmen or other means approved by the City traffic engineer shall be used at each crossing to warn the motorists of each approaching train and protect the crossing during the train ' s passage. SECTION 2 . The provisions of this ordinance are intended to be temporary in nature and shall become null and void upon the completion of installation and successful operation of the track circuits and other accessory equipment. SECTION 3 . Any person, firm or corporation who violates any provision of this ordinance shall be punished by a fine not exceeding $200 .00 . Each day any violation of this ordinance shall continue shall constitute a separate offense. s - 2 - SECTION 4. The fact that the adjacent roadway is now completed and ready for public use requires that the traffic signals be placed in operation, and trains crossing without warning would be exceedingly dangerous ; in order to protect the public welfare and promote safety, this ordinance is declared an emergency measure and shall become effective immediately upon its passage . PASSED AND APPROVED this the 14th day of August, 1967 . ff `r M A Y O R A T T E S T: \_fi it - _ _ City Clerk -,-,` Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On this . 24th day of August OROINMCE NO 234g '2<''£ I L AN ;OROMANCEI' IMPOSING TEMPO- RARY OPERATFNG RESTRICTIONS ON I A.D. 1967 . . personally appeared before me, the undersigned authority ALL TRAINS OPERATING ON FORT I WORTH AND DENVER RAILWAY I COMPANY TRACKS NEAR THE IN-1 l taheri a .I'g'ish , bookkeeper TE,RSECTIONS OF KEMP AND KELL, AND FAIRWAY AND KELL, AND DE-1 CLARING WHEREAS,A he EMERGENCY.of Wichita Falls i dated March 2nd, 1967, for the pur for the Times Publishing Company of Wichita Falls, publishers of the pose of providing track circuits and' other necessary equipment to permit' adjacent traffic signals to function as Wichita Falls Record News, a newspaper published at Wichita Falls in railroad warning signals; and, Kell extension exensionThbetweeniruK construction oSoulee- Wichita County, Texas, and upon being duly sworn by me, on oath states stal ah'oo ofetraffic signals at Thee two aforementioned intersections has been 1 that the attached,advertisement is a true and correct• copy of advertising completed, both at considerable expense I ` to the citizens of the City of Wichita ) Falls; and, h published in..... - issues thereof or. the following WHEREAS, the Fort Worth and Den- ver Railway Company has not provid- ed the track circuits and other nec-!: dates: essary signals to to permit the adjacent. nu s , 1967 Traffic signals To function as railroad sa warning signals as agreed; and, WHEREAS, the operation of trains across the crossings without the warn- _ deprovided by The aforementioned �L __i _ " devices would create a severe accident er—Z7 /// hazard both to trains operating upon, this track and to motorists crossing, these at-grade crossings; and, Bookkeeper for Times Publishing Company WHEREAS, the City of Wichita Falls! of Wichita Falls wishes to provide for the safety of its citizens; ED Y-THE R BOARD OF ALDE MEN j OF THE CITY OF WICHITA FALLS, Subscribed and sworn to before me this the day and year first above TEXAS, THAT: SECTION 1. No train shall enter or kL) written. n pass over the at-grade crossings of Fairway Boulevard and Kemp Boule- .�.•r yard adjacent to the west extension of Kell Boulevard at a speed greater �� C'�'- �'�. �_c than ten (70)'miles.per. hour. Flag- �.-it�� ��-4�. 1 - ,�. men or other means approved • City traffic engineer shall used the each crossing to warn the motorists ,;., _ _ _ TT.>e o v Public; of each approaching train and protect 1. ti':3 ; , the crossing during the train's passage. nH SECTION 2. The provisions of this ! '' t; .. .- -- ' ordinance are intended to be tempo- rary in nature and shall become null j and void upon the completion of in staltation and successful operation of the track circuits and other accessory equipment. SECTION 3. Any person, firm or cor- poration who violates any provision of this ordinance shall be punished by a fine not exceeding $200.00. Each day any violation of this ordinance shall continue shall constitute a separate of- fense. SECTION 4. The fact that the ad- jacent roadway is now completed and ready for public use requires that the traffic signals be placed in operation, and trains crossing without warning would be exceedingly dangerous; In order to protect the public welfare and pro- j mote safety, this ordinance is declared an emergency measure and shall be- come effective immediately upon its passage. PASSED AND APPROVED this the , 14th day of August, 1967. s—+R. C. Randier, Mayor. Attest: s—Wilma J Thomas, City Clerk.