(a) Upon request by a railroad company for verification of its track, the department shall prepare an on-site survey of the railroad company’s operational track within the city. The survey may be based upon:
(1) engineering data previously furnished to the director by the railroad company as described in Section 39-5(a); and
(2) the department’s independent investigation of any crossing conditions and operations relevant to a speed limit determination.
(b) Based upon the department’s survey, the director shall verify the railroad company’s operational track within the city by confirming the track to be:
(1) FRA class 1 track;
(2) FRA class 2 track;
(3) FRA class 3 track;
(4) FRA class 4 track;
(5) FRA class 5 track;
(6) FRA class 6 track; or
(7) special class track.
(Ord. 18100)
Within five days of verification, the director shall notify the railroad company of the speed limit authorized for that railroad company’s track. The director’s notification shall be in writing and sent by certified mail, return receipt requested. (Ord. 18100)
(a) In general. Within 30 days of verification, the railroad company shall certify to the director that the new speed limit has been posted in accordance with FRA standards.
(b) Motorist warning signs. To warn city motorists of train operating speeds in excess of 40 miles per hour, the director shall cause to be posted at the railroad company’s expense a “Fast Trains” sign at each traffic approach to a grade crossing. The “Fast Trains” sign shall be posted no closer than 200 feet from the crossing, preferably below and on the same post holding a standard round warning sign prescribed by the “Manual and Specifications” approved by the State Highway Commission and described in Section 28-27 of Chapter 28 of this code. The “Fast Trains” sign shall not be posted farther from the crossing than the standard round warning sign. (Ord. 18100)
Within 10 days after receiving notice of verification, the railroad company may file a written appeal of the director’s action with the city manager. In support of its appeal, the railroad company may submit engineering data and accident reports for the tracks concerned. The city manager shall, within 10 days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a decision either sustaining or reversing the action. If the city manager sustains the action, the railroad company may within 10 days of that decision file a written appeal with the city secretary to the city council setting forth specific grounds for the appeal. Within 30 days the city council shall hear the appeal. The city council may affirm, modify, or reverse the action appealed. Until a final determination is made by the city council, the speed limit before or after verification, whichever is lower, shall be in effect. The decision of the city council is final. (Ord. 18100)
For 90 days following verification, the interim speed limits provided in Section 39-27(b) of this chapter shall be in effect to allow for motorist and resident familiarization and review by the director of the appropriateness of the track class verification and corresponding speed limit. Unless the director requests reconsideration of the track class verification, the permanent speed limits provided in Section 39-27(b) shall take effect at the end of 90 days if all signs have been posted in accordance with Section 39-23. (Ord. 18100)