HomeMy WebLinkAbout1977-12-06 OrdinanceO , • ORDINANCE N0. 77-2871
AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2621
BY EXEMPTING CERTAIN RAILROAD CROSSINGS AT BURLINGTON
STREET, DUBUQUE -DES MOINES STREET, CLINTON-DES MOINES
STREET AND KIRK140OD-GILBERT COURT FROM THE PROVISIONS
OF MUNICIPAL ORDINANCE NO. 2621 WHICH REGULATES THE
AMOUNT OF TIME THAT RAILROAD CROSSINGS MAY BE BLOCKED
BY STANDING TRAINS.
Section 1. PURPOSE. The purpose of this
ordinance is to implement a negotiated agreement
made between the City of Iowa City and the Chicago/
Rock Island & Pacific Railroad Company (Rock
Island) and the Cedar Rapids and Iowa City Railway
Company (CRANDIC). Pursuant to this agreement,
Iowa City Ordinance No. 2621, which prohibits a
standing train from blocking any railroad crossing
within Iowa City for more than five minutes, would
remain in effect on all railroad crossings within
the City except for the intersections at Clinton -
Des Moines Street, Dubuque -Des Moines Street,
Kirkwood -Gilbert Court and Burlington Street. On
these four railroad crossings Code of Iowa `;327G.32,
which prohibits railroad crossing blockages for
more than ten minutes, would be controlling.
Therefore, this ordinance provides that the railroad
crossings at Clinton -Des Moines Street, Dubuque -
Des Moines Street, Kirkwood -Gilbert Court, and
Burlington Street will be exempt from Municipal
Ordinance No. 2621.
Section 2. AMENDMENT. Section lI of the
Iowa City Ordinance No. 621 is hereby amended by
adding, after the last sentence which ends with
the phrase "intersecting said tracks.", the following
sentence: "The railroad crossings which are
located where the Rock Island railroad tracks
intersect Clinton at Des Moines Street and Kirkwood
at Gilbert Court and Dubuque at Des Moines Street
and where the CRANDIC railroad tracks intersect
Burlington Street are exempt from the provisions
of this ordinance.
Section 3. REPEALER. All ordinances and
parts of ordinance to conflict with the provisions
of this ordinance are hereby repealed.
Section 4. SEVERABILITY. If any section,
provision or part of t e— r—ri nance shall be adjudged
to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance
as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
Section 5. EFFECTIVE DATE. This Ordinance
shall be in effect after its final passage, approval
and publication as required by law.
Passed and adopted this 6tli
ATTEST:
Abbie Stolfus
City Clerk
day of Decr� r 1977.
L. P. Foster'
Mayor Pro Tem
-�1/!6 7
Ord. No. 77-2871 -2- •
It was moved by Balmer and seconded by Perret
that the Ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Passed and approved this 6th day of December , 1977.
1st Consideration 11/15/77
Vote for passage: Perret, Selzer, Vevera, Balmer, deProsse: Ayes. Foster:
Nay. Absent: Neuhauser.
2nd Consideration 11/22/77
Vote for passage: Ayes: deProsse, Perret, Selzer, Vevera, Balmer. Nays: None.
Absent: Foster & Neuhauser.
RraiITr P U r?nTTr
My Mr TIT
Date of Publication
II F� le. 1 r. D e c S'
Menr�.v G
STATE OF IOWA DATE SER TEDJ. ..-. 2,?- 7 7
IOWA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGULATION BOARD
IN THE MATTER OF THE ORDINANCE )
REGULATING THE BLOCKING OF )
HIGHWAY -RAILROAD GRADE CROSSINGS ) DOCKET NO. RR -0-77-19
WITHIN THE CITY OF IOWA CITY, )
IOWA. )
ORDER TERMINATING PROCEEDING
It appearing, that by Order dated November 1, 1977, the
Transportation Regulation Board (Board) continued the hearing in
the above -captioned proceeding to allow the City of Iowa City, Ioo
(City) to amend its ordinance regulating the blocking of highway -
railroad grade crossings; and
If further appearing, that on December 5, 1977 the City
filed a copy of the ordinance amending Ordinance No. 2621 which
provides that the five minute limitation will affect only a
limited number of crossings within the City; and
It further appearing, that by letters filed December 27,
1977, the Cedar Rapids and Iowa City Railway Company and the
Chicago, Rock Island & Pacific Railroad Company have withdrawn
their objections to Ordinance No. 2621, as amended. WHEREFORE,
It is ordered, that Ordinance No. 2621, as amended, as are
all such ordinances, pursuant to Board Report and Order, issued
July 8, 1977,1/shall be subject to the statutory exceptions set
forth in Section 3276.32, Code of Iowa, 1977, as amended; and
It is further ordered, that this proceeding is terminated.
V "In the Matter of the Ordinance Regulating the Blocking
of Highway -Railroad Crossings within the City of Cedar Rapids,
Iowa", Docket No. RR -0-76-2.
i DEC2 91977ED
_,SIE STOLFUS
CITY CLERK
e116 �
DOCKET NO. RR -0-77-19
Page 2
IOWA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGULATION BOARD
Richard D. Howe, Chairma
Absent - not participating
Conrad A. Amend, Board Member
T'SlOz
Kathleen M. Dollar, Board Member
ATTEST
l.fl_(l1iF Q� (116 liJ p\
Dated at Des Moines, Iowa, December 27, 1977