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1236 OOO{).,19 ORDINANCE NO. 1236 (#20 - 04) \ AN ORDINANCE ESTABLISHING FOR THE CI I ~ OF .1ACKSONVILLEr ARKANSAS A NEW QUIET ZONE AS REQUIRED BY FEDERA REGULATIONS FOR TRE FEDERAL RAILROAD ADMINISTRATION; AND, FOR OTHER PURPOSES. ~-------------------------------------------- ~-------------------------------------------- WHEREAS, City officials have determined that new federal regulations allow for designation of a quiet zone to eliminate the necessity of railroad engineers sounding locomotive horns at certain roadway at grade rai road crossings within the City; and, WHEREAS, because of numerous complaints from residents living within close proximity to the temporarily closed Center/Graham Road At Grade Railroad Crossing and the J. P. Wright Loop Road At Grade Railroad Crossing regarding the noise associated with train horns/ whistles, City officials wish to designate these two at grade crossings in the City as within a new Quiet Zone in compliance with new federal regu ations so as to e iminate the necessity of lorn/whistle sounds. NOWl.. THEREFOREL BE IT ORDAINED BY THE CITY COUNCIL OF THE eI I Y OF .JACKSONVILLE, ARKANSAS: SECTION ONE: In accordance with new federal regulations and policies as promulgated by the Federal Railroad Administration, it is hereby declared that a New Quiet Zone be designated for the following described real property lying within the city limits of the City of Jacksonville, Pulaski County, Arkansas: Part of Sections 20, 21, and 29, Township 3 North, Range 10 West, being more particulary described as follows: Commencing at the NW corner of the NW 1/4 of Section 29, Township 3 North, Range 10 West; thence south a ong the west section line of said section to the nortlwest right-of-way ine for Union Pacific Rai road and tle point of beginning; thence northeast along the Union Pacific Railroad right-of- way line to the north line of Section 21, TownshiJ 3 North, Range 10 West; thence west along the north line of Section 21, Township 3 North, Range 10 West to tle southeast right- of-way line of Union Pacific Railroad; tlence southwest along the southeast right-of-way line of Union Pacific Railroad to the west line of Section 29, Township 3 North, Range 10 West; thence nortl along tle west section ine of Section 29, Township 3 North, Range 10 West to the northwest right-of- way line for Union Pacific Railroad and the point of Jeginning. SECTION TWO: It is hereby declared that the two Roadway/ Railroad At Grade Crossings, one located on Center/Graham Road and the other location on J. P. Wright Loop Road, are hereby designated as within the new Quiet Zone as more particularly described above. This designation is in compliance with the rules and regulations as designated by the Federal Railroad Administration. The Mayor and City Engineer and/or their designated representative(s) are hereby authorized and 000050 ORDINANCE NO. 1236 (#20 - 04) PAGE I WO directed to issue all required notices and secure the necessary efforts to comply with all applicable federal regulations and safety provisions regarding said designations and installation of the Supplemental Safety Measures (SSM) required to qua ify for said Quiet Zone. SECTION THREE: The Council further directs the Mayor and City Engineer and/or their designated representative(s) to prepare the necessary plans and obtain all relevant information necessary to allow for thorough review and Council aut 1orization of City funds and resources to accomplish all required steps for approval of said Quiet Zone from the Federal Railroad Administration and applicable railroad company(ies). Further, said plans s 1all include a timeline for comp iance with all required action to insure compliance with the Federal Railroad Administration's deadline of December 18, 2006, for completion of the designated construction and signage requirements as directed by applicable federa regu ations SECTION FOUR: All Ordinances and parts thereof in conflict herewith are hereby repealed to the extent of said conflict. SECTION FIVE: This Ordinance shall take effect immediately upon passage and pu J ication, as provided JY and subject to the requirements of app ica Jeaw. APPROVED AND ADOPTED THIS 2004. DAY OF DECEMBER, CITY OF JACKSONVILLE, ARKANSAS TOMMY SWAIM, MAYOR AI lEST: SUSAN DAVI I I, CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CITY A I IORNEY December 2, 2004 Ord. 1236 presented to City Council, placed and approved on First Reading. December 16, 2004 Ord. 1236 tabled pending further information. January 20, 2005 Ord. 1236 Consensus to abandon further considerations.