STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

Railroad Crossing ) Section 7200-6610, State Road )

(Garden Street), Duval County, ) CASE NO. 76-043 Parcel 1, (R/W XSOL), Point of )

Switch 2006' NW of GS & F MP: )

253 Crossing - 2082' SW of MP 1 ) off lead track )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on February 12, 1976, commencing at 2:15 p.m. at the Department of Transportation Right of Way Office, 7322 Normandy Boulevard, Jacksonville, Florida.

APPEARANCES

For Petitioner: RONALD T. BUCKINGHAM, ESQUIRE

JULIE H. KUNTZ, ESQUIRE

1500 American Heritage Building Jacksonville, Florida 32202

For Respondent: PHILIP S. BENNETT, ESQUIRE

Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether an at-grade crossing in the vicinity of Garden Street in Jacksonville, Florida, where point of switch is 2.006 feet northwest of Georgia Southern and Florida Railway Company mile post 253 and the crossing is 2,082 feet southwest of mile post 1 off lead track should be opened.

FINDINGS OF FACT

1. By application the Georgia Southern and Florida Railway Company seeks a permit to open a public railroad crossing in the vicinity of Garden Street in Jacksonville, Florida, where point of switch is 2.006 feet northwest of Georgia Southern and Florida Railway Company mile post 253 and the crossing is 2,082 feet southwest of mile post 1 off lead track.

   
   

2. New Duval is a residential and light industrial development which requires the transportation of building materials and equipment for its construction and upon its completion will require transportation services for the light industries and the public in general.

3. There are no practical means of transportation other than railroad services for this development and therefore, there is a need for a railroad crossing at Garden Street to complete the extension of rail services to New Duval. The applicant presently owns the property line adjacent to and on either side of Garden Street and the proposed crossing will not require a change in the course of any street or highway. The conditions and topography of the area are such that the railroad and highway can compatibly cross on the same surface at Garden Street.

   
   

4. The applicant is prepared to comply with the design, standards and procedures of the city of Jacksonville as set forth in the Ordinance code of the City of Jacksonville.

   
   

5. The applicant has received from the Interstate Commerce Commission a Certificate of Public Convenience and Necessity to construct and operate the line in question. Applicant is authorized to do business in the State of Florida and has pending its application for approval of extending the line with the Department of Environmental Regulation, State of Florida. The Florida Department of Transportation has considered the proposed safety devices as indicated on the application and has concurred that the standard side mount flashing lights and bells signalization is adequately safe as required for the conditions.

   
   

6. There is a need for rail transportation in the contemplated industrial park which is a 5200 acre track of land of which some 3,000 acres will be industrialized.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all public railroad crossings in this state. One of the purposes of this law is to reduce the hazards inherent with highway traffic crossing railroads. The opening of the railroad crossing is needed for the most efficient use of the contemplated industrial park and the public is protected from the hazards of the railroad crossing by the planned signalization.

RECOMMENDED ORDER

Grant the permit as applied for conditioned upon the applicant obtaining the concurrence of the City of Jacksonville, Florida, and upon the approval for extending the line in question by the Department of Environmental Regulation, State of Florida.

DONE and ORDERED this 31st day of March, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Ronald T. Buckingham, Esquire Julie H. Kuntz, Esquire

1500 American Heritage Building Jacksonville, Florida 32202

Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Lake G. Ray, Jr., P.E. Eugene Hagen

Harbor Engineering Company 1615 Huffingham Lane Jacksonville, Florida

Frank P. Beidenbaugh District Safety Engineer Department of Transportation Lake City, Florida 32055

Docket for Case No: 76-000043

Orders for Case No: 76-000043