OR 87-371 Regulation of railroads operating within the City AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 87371
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY BY ADDING THERETO A NEW CHAPTER 7 PROVIDING
FOR THE REGULATION OF RAILROADS OPERATING WITHIN THE CORPORATE LIMITS
OF THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, EXCEPT THAT FOR ANY OFFENSE
WHICH IS A VIOLATION OF ANY PROVISION OF THIS ORDINANCE THAT GOVERNS
FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING THE
DUMPING OF REFUSE, THE PENALTY SHALL BE FINE ONLY, NOT TO EXCEED THE
SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING THAT
THE CITY OF COPPELL MAY BRING ANY ACTION AT LAW OR IN EQUITY, INCLUDING
INJUNCTIVE RELIEF, TO ENFORCE ANY PROVISION OF THIS ORDINANCE; AND
DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS.
SECTION 1. AMENDING THE CODE OF ORDI!iANCE8 OF THE CITY
That the Code of Ordinances of the City of Coppell, Texas, be, and the same
is hereby amended by adding thereto a new Chapter 7 which shall read as follows:
CHAPTER 7
RAILROADS
ARTICLE 7 - 1
DEFINITIONS
Section 7-1-1 The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
MAJOR STREET. Any street within the city which is a through
or express street as designated by the city on the street thoroughfare
plan of the city.
PERSON IN CHARGE. That physical person accompanying a train
who is empowered to direct its operations.
PRINCIPAL OFFICER OR MANAGER. The principal person in charge
of all operations of a railroad company in the city.
RAILROAD COMPANY. Any individual, partnership, association,
corporation, trustee, receiver or other person that lays out,
constructs, maintains or operates any railroad as a public service
or operates any trains, engines or cars on a line of railway in the city.
SWITCH TRAIN. Any train engaged solely in moving freight or
passenger cars within the city from one railroad yard to another
railroad yard, or in the same railroad yard, or in transferring railroad
cars to and from the various switch tracks or spur tracks within
the city. A switch train is distinguished from a through passenger
or freight train operating instrastate or interstate into or through
the city.
CITY ENGINEER. The duly appointed city engineer or his designee;
Chapter 7, Page 1
ARTICLE 7 - 2
REGULATION OF RAILROADS
Section 7-2-1 RESERVED FOR FUTURE USE.
Section 7-2-2 PERMIT TO LAY TRACKS. No railway company shall lay tracks
within the limits of the city without a special permit from the city
council being first had and obtained. It shall be the duty of the
city engineer to examine and report on each application for such
permit as to the advisability of granting such permit.
Section 7-2-3 MAP AND PROFILE REQUIRED BEFORE GRANT OF
RIGHT-OF-WAY.
A. No right-of-way over any of the streets within the city shall
be granted to any railway company unless a map and profile
of the grades along the streets named shall accompany the
application and ordinance granting the right-of-way. It shall
be the duty of the city engineer to inspect any and all such
maps and profiles and report the result of his investigation
as soon thereafter as possible to the city council, and no
right-of-way shall be granted until such examination shall be
made and reported upon in order to better protect the rights
of property owners along the several streets; provided, that
there shall be no costs attached to the city.
B. When a railroad company applies to renew a franchise to
cover existing track or tracks, including tracks which cross
a street or streets, the city engineer with the concurrence
of the director of the public works department may waive
the requirement for filing a profile of the grades along or
across the streets named in the application by filing a written
recommendation with the city council to be attached to said
application, provided that the railroad company shall furnish
said profile upon the request of the public works engineer.
Section 7-2-4 DUTY TO RECONSTRUCT OR CONSTRUCT GRADE CROSSINGS.
A. It is hereby made the duty of each railroad company owning,
controlling, maintaining or operating railroad tracks crossing
a public street at a grade within the corporate limits of the
city to reconstruct (in case of existing tracks) and to construct
(in the case of future tracks or future street crossings) any
and all such tracks according to the various categories of
streets set forth below. Once tracks crossing a street have
been reconstructed or constructed according to said
categories, it shall be the duty of each railroad company to
keep any and all such tracks, at all times thereafter, in a
good and safe condition until said grade crossing is again
reconstructed in compliance with this section.
Chapter 7, Page 2
B. There are hereby established two (2) categories of street
crossing to be used by each railroad company when
reconstructing or constructing a grade crossing:
1. Category I: Major street, as defined in Section 7-1-1
of this chapter.
2o Category II: Any public street other than Category I
above.
C. Each railroad company shall reconstruct or construct grade
crossings over public streets in Category I using not less than
the standard permanent type materials, including steel-
reinforced molded rubber; high density polyethylene; or other
permanent type materials acceptable to the director of the
department of public works and the city engineer.
D. Each railroad company shall reconstruct or construct grade
crossings over public streets in Category Ii using not less
than the standard permanent type materials such as steel;
steel-reinforced molded rubber; high density polyethylene; full
depth timber or other permanent type materials acceptable
to the director of the department of public works and the
city engineer.
E. It shall be the duty of the city engineer to conduct a survey
and study of all existing railroad crossings in the city, and,
from this survey and study, to compile and maintain a list or
lists of all such crossings, together with the name of each
railroad company owning or controlling each crossing and the
type of crossing required under subsections C and D.
The list for each railroad company shall rank the crossi~gs
in the order of priority to be constructed or reconstructed
in accordance with subsections C and D hereof, and it shall
be the duty of each railroad company to secure these lists
and to commence and complete a program of systematic
construction or reconstruction of all such crossings.
F. In addition to the systematic reconstruction required in
subsection E hereof, the city engineer may, from time to
time, notify a railroad company that a particular track (or
tracks) crossing a street is in need of a crossing or in such
state of disrepair that it must be reconstructed in compliance
with subsections C and D hereof, regardless of the priority
assigned to such crossing, and the railroad company shall
thereafter start and complete such construction or
reconstruction within a reasonable time, but in no event shall
such time exceed one hundred twenty (120) days.
G. Any railroad company that disagrees with any decision made
by the city engineer under this section 7-2-4 shall have ten
(10) days from the date it was notified of that decision by
the city engineer to appeal such decision to the city council.
Chapter 7, Page 3
The city secretary shall notify the appealing railroad company
in writing of the time and place for hearing such appeal°
At the time and place designated for such hearing, the
appealing railroad company and the city engineer shall be
present and present aH relevant facts concerning the decision
under appeal.
After considering all the facts and circumstances presented
at the hearing, the city council, by a majority vote, shall_
issue a decision in writing upholding, modifying or overruiing
the decision the city engineer. Such written decision shall
be made within five (5) days after the date of the hearing
and the decision of the city council shall thereafter be
complied with.
I. Whenever the city condemns street right-of-way across
property owned in whole or in part by the railroad company,
the city shall have the right to take possession of the street
right-of-way at the time the award of the commissioners has
been placed in the registry of the court in accordance with
state law. Upon taking possession of the property, the city
shall have the right to construct a railroad crossing and other
improvements necessary for the street right-of-way and public
safety and convenience and shall have the right to assess and
collect from the railroad company the cost of all improvements
that the railroad company is required to install by this
ordinance or state law. The city council shall hold a public
hearing before it takes action by ordinance or resolution
authorizing the construction of improvements within its street
right-of-way which crosses railroad company's property. The
city secretary shall give the railroad company written notice
of the public hearing ten (10) days in advance of the hearing
by depositing notification postage prepaid in the United States
Mail. At the public hearing, the railroad company and any
other interested party shall be given a full and fair opportunity
to be heard. Unless within five (5) days after the public
hearing the railroad company enters into a written contract
agreeing to construct the railroad crossing and other
improvements within a reasonable time not to exceed one
hundred twenty (120) days, the city shah have the right to
proceed with the construction of the railroad crossing and
other improvements in accordance with city and state laws
and regulations. The procedures outlined in this subsection
shah be in addition to all other remedies provided in this
ordinance and allowed by law and in equity.
J. Any railroad company violating any of the provisions of this
Section 7-2-4 may be enjoined or mandamused by a suit filed
by the city in a court of competent jurisdiction, and this
remedy shall be in addition to other penalty provisions.
Chapter 7, Page 4
Section 7-2-5 RESERVED FOR FUTURE USE.
Section 7-2-6 PROVISIONS GOVERNING FRANCHISE TO CONSTRUCT AND IJS]~
RAILROAD TRACKS ACROSS PUBLIC STREETS. The right,
privilege and franchise, which may be granted by separate ordinance
to a railroad company ("the company"), to permit its construction,
use and maintenance of railroad track(s) upon and across public
street(s) within the corporate limits of the city for the purpose of
operating its trains, engines and cars thereon, shaH, when granted,
be granted subject to and upon the following provisions and
requirements, and the company, by accepting the franchisE, covenants
and agrees to be bound by and to observe and perform each and all
of the following provisions and requirements, which shah for all
purposes be deemed to be a part of the granting ordinance as if
set forth verbatim, therein:
A. Without limiting the scope or application of any other
provision hereof, the company's installation of, and al! later
activities with respect to, the tracks:
1. Shall comply with all matters set forth in the
construction plans for same which shall have been
reviewed and approved by the city engineer including,
but not limited to, all matters added to or deleted
from such plans by or at the request of the city
engineer or for the purpose of obtaining his approval
thereof, such plans to be identified by public works
drawing number in the granting ordinance; and
2. Shah be performed to the satisfaction of the city
engineer.
B. The company shah construct its tracks so as not to interfere
with drainage across and along any public street, and the
company shall construct and maintain all ditches, drains and
culverts necessary to the proper drainage of those parts of
any street occupied by the tracks, as determined by the city
engineer. The company shall construct each crossing in
compliance with the applicable specifications as set forth
heroin, and shall construct, repair and maintain the paving
in the entire remainder of the franchise area described in
the granting ordinance (on both sides of each crossing) in
such manner and with such material as determined and ordered
by the public works engineer.
C. The city reserves and shall have the right to install any sewer
line, water line or other utility lines or facilities of any kind
whatever under, over or across the tracks, or to make any
other ]awful use of the streets where same are located. The
company shall reimburse the city for that portion of the cost
and construction of any new such facilities, and that portion
of the cost of maintenance, repair or replacement of any city
utility facilities existing at the time the franchise is granted,
which would not have been incurred by the city except for
Chapter 7, Page 5
the presence of the tracks. The city engineer shall determine
the amount of such portion of cost to be paid by the company,
and his determination thereof shall be final. Where a sewer
line, water line or other utility lines or facilities of any kind
whatever are occasioned by the presence of the tracl{s, the
total cost of such lines or facilities shall be borne by the
company. Standard railroad cross bucks shall be installed by
the company on the right side of each approach to each
crossing, unless the city directs that other or additional safety
protective devices be installed.
D. The company shall in no instance allow its use of the rights
granted to it under the franchise to endanger the streets
where the tracks are located, or the use thereof by the city
or the public. Should the company's use of its rights under
the franchise ever damage such streets or any other property
of the city, the company shall promptly repair and restore
same to the condition in which it existed, and to the usefulness
which it possessed, prior to the occurrence of such damage~
E. In consideration of the grant of franchise, the company shall
annually pay to the city, per track, the fixed fee of one
hundred dollars ($100.00), plus the charge of seventy-five
dollars ($75.00) for the first one hundred twenty-five (125)
feet (or fraction thereof), and an additional twenty-five
dollars ($25.00) for each additional one hundred (100) feet
(or fraction thereof), of occupancy of public street right-of-
way. The payment to be made for the year in which
acceptance of the franchise occurs shall be the greater of:
1o A proportioned amount of the total of the one hundred
dollar ($100.110) fixed fee plus the per-foot charge,
computed as set forth above, according to the time
remaining from the effective date of the ordinance
granting the franchise until the next succeeding first
day of January; or
2. One thousand dollars ($1,000.00).
The payment to be made for each succeeding year shall be
the full amount of the total of the one hundred dollar ($100.00)
fixed fee plus the per-foot charge, computed as set forth
above. The first such payment shall be made within thirty
(30) days after the effective date of the granting ordinance,
and subsequent annual payments shall be made on the first
day of January of each year thereafter during the term of
the franchise.
F. The franchise shall not take effect until after the expiration
of thirty (30) days after the granting ordinance has been duly
passed by the city council and then only if, within such time,
the company has filed with the city secretary written
acceptance of the franchise. The franchise shall be for a
term of fifteen (15) years commencing as of the effective
Chapter 7, Page 6
date thereof, unless some shorter term is specified in the
granting ordinance.
G. The city reserves and shall have the right (without ]imitation)
to require that automatic flasher warning signals, or other
or additional safety protective devices, be installed at each
crossing on such conditions as the city council, acting pursuant
to and in accordance with the authority and provisions of
the constitution and general laws of the state, and of the
Charter and ordinances of the city, shall direct.
H. The company shali not, wholly or in part, transfer, assign or
otherwise dispose of the franchise, or its rights thereunder,
without the express written consent of the city having been
first obtained. To obtain the city's consent, the company
must file its request therefor, together with a true copy of
the proposed instrument of transfer, with the director of
public works, who shall make a recommendation thereon to
the city council. Upon consent by the city to the transfer
or assignment, each provision of the franchise shall be binding
upon, and inure to the benefit of, the transferee or assignee
of the company.
I. The company may voluntarily terminate the franchise at any
time by giving the city sixty (60) day's written notice thereof.
However, failure to commence installation of the tracks within
ninety (90) days after the franchise takes effect; or later
abandonment or discontinuance of use of the tracks; or default
in the payment of any taxes or lawful charges due thereon;
or violation of or failure to comply with any of the provisions
or requirements of the granting ordinance, or any of the
provisions of the Constitution and genera] laws of the state,
or of the Charter and ordinances of the city, insofar as they
relate to the franchise granted, shall, at the option of the
city, annul the franchise and work as a forfeiture of ali rights
and privileges granted therein, which shah thereupon revert
to and vest absolutely in the city.
J. Upon termination of the franchise under any circumstances,
the company shall remove the tracks from the streets where
located, and replace the streets in such condition and repair
as shall be determined and ordered by the city engineer.
Should it fail to remove the tracks, the company consents to
any damage to, dismantling of, or paving over the tracks
which might occur after such termination of the franchise or
its rights thereunder, and further releases the city from all
liability for or because of any such damage, dismantling or
paving over, which might occur after such termination.
K. The exercise of any and all rights, and the fulfillment of any
and all requirements or obligations, under the franchise shall
be at the sole and complete expense and liability of the
company. Further, the company agrees that it will defend,
indemnify and hold the city free and harmless from and against
Chapter 7, Page 7
any and all loss, claims, liability, recoveries and/or expense
which may be asserted against, incurred by or involve the
city in any manner whatever because of:
1. The grant of franchise to the company; or
2. The company's exercise of any rights granted to it, or
fulfillment of any requirement or obligation imposed
on it, thereunder.
(The word "city," in this paragraph, means the city, its
officers, agents, contractors and employees.)
L. The franchise shall be subject to all existing laws and
ordinances, and to such laws and ordinances as may be enacted
hereafter. Nothing shall be considered as a waiver of any
power of regulation of public utilities vested in the city by
the Constitution and general laws of the state, or the Charter
and ordinances of the city. No requirement added to those
stated hereunder for the franchise, whether now or
subsequently authorized by law, shall be defeated by the
company on the ground that the ordinance granting the
franchise and the acceptance thereof constitutes a contract,
the obligation whereof is impaired by such additional
requirement.
M. Should the city council find that public convenience and
necessity require the removal of the tracks installed pursuant
to the franchise, city council reserves and shall have the
absolute right to terminate the franchise. Termination in
such event may be effected only by ordinance passed by the
city council, and the termination shall not be effective until
sixty (60) days after the company's receipt of written notice
thereof delivered to it by registered mail at the address for
the company recited in the granting ordinance.
Section 7-2-7 DRAINAGE IMPROVEMENTS; MAINTENANCE AND REPAIR OF
STREETS, BRIDGES, ETC.
A. It shall be the duty of all railroad companies whose lines of
road are constructed on, over or across any street or part of
a street or land in the city to make, construct and maintain,
under the supervision of the city engineer and in accordance
with plans and specifications to be furnished by the city
engineer, all such drains, culverts, waterways, ditches, sewers
and such other connections as shah be deemed necessary by
the city council to properly drain the streets and lands on,
over or across which such railway line is constructed, and to
conduct the water into some proper sewer, and, if necessary,
conduct such water outside the city limits.
B. It shall be the duty of each railroad company whose lines of
road are constructed within the corporate limits of the city
Chapter 7, Page 6
to keep all streets, or parts of streets, through or over which
its line of road may run, free from obstructions of every kind.
C. It shall be the duty of each railroad company to construct
and keep in good repair all bridges and crossings over all
ditches, sewers and culverts on the line of its railway, and
to fill up and grade all sinks and gullies adjacent to or on
the line of its road; which work and improvements shah be
done and made under the direction and supervision of the
city engineer, and in such manner and of such material and
at such points as may be required by him.
D. In any case where an improvement contemplated by this
section is deemed necessary by the city engineer, he shall
prepare or cause to be prepared plans and specifications as
to the several practicable ways, if more than one exists, in
which such improvement can be made. Such plans and
specifications shall be submitted to the city council, together
with a recommendation that such improvement is necessary.
If the recommendation appears reasonable, the council shall
make an order directing the city secretary to notify the
officer or agent having an office in the city and having direct
charge and control of the operations of the railroad company
within the corporate limits of the city, to appear before the
council at a date and place fixed in such order to show cause,
if any it can, why such improvement should not be constructed
without delay in accordance with one or the other of such
plans and specifications so submitted.
E. At the time and place stated for the hearing provided for in
this section, the city council shall hear evidence as to the
necessity for such improvements and as to the best plan for
carrying out the same. Evidence should also be heard as to
the reasonable and proper length of time which will be
required to complete such improvements. After the conclusion
of such hearing, the council shaH, by ordinance, order the
improvement made, and it shall also approve the plans and
specifications deemed to be most suitable and practical for
the work therein ordered to be done, which ordinance shall
also designate a date at which such improvements shall be
completed and order same to be completed within such time,
and the city engineer shall notify the city secretary upon
completion or failure to complete such improvements within
the time designated. A copy of such ordinance, together
with a copy of the plans and specifications for such work as
approved by the council, authenticated by the certificate of
the city secretary, shall be mailed to the officer or agent
having an office in the city and having direct charge and
control of the operations of the railroad company within the
corporate limits of the city. Such notice shall be addressed
to the main office of the railroad company in the city.
F. It shah be unlawful for the officer or agent of the railroad
company having an office in the city and having direct charge
Chapter 7, Page 9
and control of the operations of the railroad company within
the corporate limits of the city to fail, refuse or neglect to
construct and complete the improvements ordered by the city
council within the specified time. Any such failure, refusal
or neglect shall be punished by a fine as provided in this
Code.
Section 7-2-8 SEPARATION OF RAILROAD GRADE FROM STREET GRADE.
A. Wherever the city council shall find that a public necessity
exists for a determination as to whether the public safety
requires the separation of the grade of any railroad from the
grade of any street crossed by such railroad within the
corporate limits of the city, such inquiry shall be made as
follows:
1. The city council shall pass a resolution finding that a
public necessity exists for a determination as to
whether the public safety requires such grade
separation, describing the location of such street and
of such railroad. The city council in such resolution
shall call a public hearing, but no such hearing shall
be set for any date prior to the elapse of fifteen (15)
full days from the date of the passage of the resulution.
The city secretary shall forward a certified copy of
such resolution to the principal officer of the railroad
company in the city by registered United States mail,
or by causing the same to be delivered to the principal
office of such company by some officer or employee
of the city.
2. At the time and place set in such resolution, the city
council shall assemble in public meeting and proceed
with such hearing. The city attorney shall represent
the city in such hearing. The railroad company shall
be heard fully upon the questions presented.
3. The city council is empowered, in its discretion, to
permit the giving of evidence by any other person
interested in or affected by the proposed grade
separation.
B. At such public hearing, the city council shall determine the
following:
1. Whether the safety of the public requires a separation
of the grade of the railroad from the grade of the
street at the crossing in question.
2. If such separation is required, the most practical and
feasible plan to be adopted for such separation, whether
by one or more of the following methods:
Chapter 7, Page 10
a. Lowering of the present grade of the tracks of
the railroad below the grade of the street.
b. Elevating or raising the tracks of the railroad
so as to bridge the grade of the street.
c. Constructing an underpass so that the street
shall pass under the railroad.
d. Constructing an overpass so that the street shall
pass over the tracks of the railroad.
3. Whether any additional ]ands or rights-of-way are
required for the construction of such project, and the
estimated cost of acquiring same.
4. A determination as to how the cost of the construcl~ion
of the entire project shall be apportioned, whether all
of the same shall be paid by the railroad company, or
all by the city, or part by the company and part by
the city.
Co When all evidence has been received at such public hearing
by the city council, the city council shall close the same and
proceed to a determination of the fact issues presented. If
the city council shall find that the public safety requires
such grade separation, it shall cause plans and specifications
to be prepared showing how the work is to be constructed
and shall embody its findings and orders in an ordinance
ordering the separation of the grade and the payment of the
costs incident thereto.
Section 7~2-9 OBSTRUCTING STREET OR CROSSING. It shall be unlawful for
any officer, agent, servant or receiver of any railway corporation
to willfully obstruct for more than five (5) minutes at any one time
any street, railway crossing or public highway by permitting their
train to stand on or across such crossing.
Section 7-2-10 REPORT OF OBSTRUCTED CROSSINGS.
A. It shall be the duty of the yardmaster, engineer, conductor
and every other person in any manner controlling or operating
any railway locomotive, engine, car or train of cars, including
the resident superintendent, general manager, president or
receiver of such railway company to report in writing to the
public works engineer, within one week thereafter, all
obstructions of public crossings in the city by a railwaS
locomotive engine, car or train of cars coming within his
knowledge or jurisdiction, specifying particularly the period
of time for such public crossing was blocked, the number of
the engine and the name of the engineer or conductor of
such engine, car or train of cars, if available.
Chapter 7, Page 11
B. Whenever the city engineer shah receive information from
the police department or any other person that a major street
has been blocked at a railroad crossing by a switch train for
a longer period than five (5) minutes at one time, he is hereby
authorized and empowered to serve a demand in writing upon
the principal officer or manager of any railroad company
believed by him to be operating trains upon such railroad at
such crossing to make a report in writing containing the
following information:
1. Whether the railroad company operated a switch train
or trains, at about the time or times specified in the
director's demand, on the railroad crossing the major
street at the intersection in question.
2. If so, the number assigned to the engine and to the
train, if any.
3. The correct legal name of the railroad company
operating such switch train.
4. The name of the person in direct charge of such switch
train and the movements thereof.
The report shall be filed in the office of the city engineer
not later than 5:00 p.m. of the day following the day of
service of his written demand, unless such following day shall
fall on a Saturday or a Sunday, in which case the report
shall be filed on the following Monday by 5:00 p.m. If the
following day shall fall on a legal holiday established by the
city council upon which day the city hall is closed for business,
the report shall be filed on the next day thereafter when
the city hall shall be open. Such report shall be in writing
and signed by the principal officer or manager of the railroad
company in the city.
Section 7-2-11 GATES, GUARDS AND OTHER PROTECTION AT CROSSINGS
GENERALLY.
A. Whenever, on any street or sidewalk crossed by the tracks
of any railway company, the city council deems it necessary
to provide protection to persons and property at such crossings
by the erection and maintenance of gates, guards or other
protection, the council may so declare and direct that such
railway company shall, within a certain time to be fixed by
the council, erect, construct and maintain a sufficient
safeguard of such character at such crossings, specifying the
kind of protection to be erected, constructed and maintained,
whether it be a gate, guard or other protection, and it shah
be the duty of the city secretary to serve upon such company
named in such resolution a certified copy thereof within ten
(10) days after passage of such resolution, leaving a copy
thereof with the local agent of such company in the city, or
at the general office of such company.
Chapter 7, Page 12
B. Every gate, guard or other protection, and the approaches
thereto, when ordered as provided by this section, shah be
erected and constructed at the sole coot and expense of the
railroad company, under the supervision of the city engineer
and the same shall thereafter be kept and maintained by such
railroad company in proper repair and condition at its own
cost and expense, and without cost or expense to the city,
and under the supervision of the city engineer.
C. Whenever any railroad company shall have been directed by
the city council to erect, construct and maintain at any street
or sidewalk crossed by its tracl~s, any gates, guards or other
protection, as provided in this section, such company shall,
within the time prescribed in such resolution, construct and
thereafter maintain the protection specified in such resolution.
Section 7-2-12 CLOSING OF CROSSING GATES AND GUARDS. Whenever any gate
or guard has been erected under the provisions of this chapter, it
shall be the duty of the railway company on whom devolves the
duty of maintaining and operating the same to keep the same securely
closed at the approach of and during the passage of any railway
train across the part of the street or sidewalk it is designed to
protect; provided, that same shall not be kept closed longer than
five (5) minutes at any one time, and any railway company violating
the provisions of this section shall be subject to the criminal penalty
provided for in this ordinance.
Section 7-2-13 FLAGMEN AT CROSSINGS. It shall be the duty of each railway
company operating a railroad within the corporate limits of the city
to keep, by day and night, at such public croosings as may be
designated from time to time by the city council, one or more
flagmen, whose duty it shall be to warn traffic of the approach of
trains, and to see that such crossings are kept free of standing
trains, locomotives and other obstructions, except at crossings where
the railroad company maintains electric warning devices approved
by the city engineer.
Section 7-2-14 LIGHTING OF CROSSINGS.
A. It shall be the duty of each railroad company customarily and
regularly operating trains at night within the city over and
acroos the public streets in the city to erect, establish, keep
and maintain an electric light, when and as may be ordered
by the city council, at each crossing that is designated by
the city council. Such electric light shah be of not less than
fifty (50) watts, and shall be not more than seventy-five (75)
feet distant from the nearest rail at such crossing and not
less than twenty-two (22) feet distant from the ground.
B. The crossings where electric lights are required to be erected,
established, kept, lighted and maintained in accord with this
section shah be designated by the city council by resolution
passed by it after a finding by the city council that trains
are customarily and regularly operated over each such crossing
Chapter 7, Page 13
at night, and that a necessity exists for the erection,
establishment and maintenance of an electric light at such
crossing for the protection of the safety and security of
persons traveling over the same.
C. At crossings where electric lights are required to be erected,
established, kept and maintained in accord with this section,
such lights shah not be required to be kept burning nor lighted
during such hours, or parts of hours, when the lights in use
for lighting the city streets shall not be lighted or burning~
The purpose of this subsection is to exempt the railroad
company from lighting such crossing at any time the streets
of the city are not lighted.
D. Should any standard safety device be installed, designed to
warn citizens and other travelers of the approach of a train,
and to provide for their safety and security, or should a
watchman be placed to accomplish this purpose, at any
crossing designated by the city council for the erection of
electric lights, the provisions of this section sha}l not apply
and such provisions shah become inoperative as to such
crossing.
E. It shall be unlawful for any railroad company or person
operating a railroad in the city to fail to keep and maintain
such lights as are hereinbefore provided for or otherwise fail
to comply with the provisions of this section.
Section 7-2-15 CUMULATIVE PROVISIONS RELATING TO LIGHTING AT
RAILROAD CROSSINGS.
A. Regardless of whether trains are customarily and regularly
operated over a railroad crossing at night, the city council
may determine that a necessity for such lighting exists in
which event the railroad company operating such crossing
shall erect, establish and maintain at its sole c~st and expense
an electric light for the protection of the safety and security
of persons traveling over such crossing.
B. The city may participate with the railroad companies in paying
for up to one-half of the cost of electrical power for lighting
at all railroad crossings within the City. This provision may
be invoked by adopting a resolution which shall state:
1. The crossing or crossings required to be lighted under
the provisions of this section;
2. The name or names of the railroad company or
companies operating such crossing or crossings; and
3. The share of the electrical bill, up to one-half that
the city will pay.
Chapter 7, Page 14
C. The city secretary shall mail a certified copy of such
resolution, return receipt requested, to each railroad named
in such resolution.
D. The provisions of this section shall be cumulative of all other
provisions of the code relating to this subject matter.
Section 7-2-16 RESERVED FOR FUTURE USE.
Section 7-2-17 RESERVED FOR FUTURE USE.
Section 7-2-18 SPEED LIMIT FOR TRAINS--AT CROSSINGS GENERALLY. Except
as otherwise provided in section 7-2-19, it shall be unlawful for any
engineer or other person in charge of any locomotive, train, motor
car or other vehicle for the transportation of freight or passengers
by railroad to run the same onto any street crossing within the
corporate limits of the city at a greater rate of speed than twenty
(20) miles per hour.
Section 7-2-19 RESERVED FOR FUTURE USE.
Section 7-2-20 BLOWING WHISTLE. All persons are prohibited from blowing any
whistles on any locomotive, or single blasts therefrom, within the
limits of the city, for a longer period of time than five (5) seconds,
except when there is imminent danger of an accident.
Section 7-2-21 RESTRICTIONS ON SWITCHING.
RESERVED FOR FUTURE USE.
Section 7-2-22 Jb'MPING ON AND OFF OR CLINGING TO TRAIN WHILE IN
MOTION. It shah be unlawful for any person in the city to jump
off or on, cling to or hang on any railway engine or car, while the
same is in motion, such person not being a paying passenger, an
employee, or an official of the railroad company.
Section 7-2-23 CITY AUTHORIZED TO PARTICIPATE IN CERTAIN COSTS
RELATING TO STREET AND RAILROAD INTERSECTIONS.
Notwithstanding anything contained in this chapter to the contrary,
the city may participate in certain costs relating to the intersections
of streets and railroads. The extent, if any, to which the city will
participate in said costs will be determined by city council for each
individual railroad crossing or intersection. The extent of
participation, if any, by the city shah be set forth in a resolution
and payment of said participation will be made only after completion
of said construction and approval of the actual costs by city council.
In the event the city participates in such construction costs, such
determination by city council will in no manner constitute grounds
for postponement or delay in the completion of such construction
within the time limit set forth in said resolution.
Section 7-2-24 In addition to other remedies, the city may bring any action at law
or in equity, including injunctive relief, to enforce the provisions
of this ordinance.
Chapter 7, Page 15
SECTION 2. REPEALING CLALu~E
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 4. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shah not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
SECTION 5, PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
penalty of fine only not to exceed the sum of Two Hundred Dollars ($200.00) for each
offense, except that for any offense which is a violation of any provision of this
ordinance that governs fire safety, zoning, or public health and sanitation, including
dumping of refuse, the penalty shah be fine only, not to exceed the sum of One Thousand
Dollars ($1,009.00) for each offense, and each and every day such offense is continued
shall constitute a new and separate offense.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of /. ~(~.AZ~L'-~.~ , 1987,
APP[~OVED:
ATTEST:
APPROVED AS TO FORM: