STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HARBOR ENGINEERING CO, for GEORGIA ) SOUTHERN & FLORIDA RAILWAY COMPANY )

)

Applicant, )

and )

DEPARTMENT OF TRANSPORTATION, )

)

Respondent, )

)

In re: ) CASE NO. 77-463

Railroad Crossings - State Statute )

1. Section 72000-6610, State ) Road SR-117 (Jones Rd.) Duval County ) Parcel 2 (R/W SXO-H) Crossing ) No.:1634' W of MP 3 off Lead Track - ) GS&F )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice an administrative hearing was held at the Department of Transportation Right of Way Office, 7322 Normandy Boulevard, Jacksonville, Florida, at 1:30 P.M. on May 25, 1977, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

   
   

   APPEARANCES

   
   

   For Respondent: Philip S. Bennett, Esquire

   Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

   
   

   For Petitioner: Julie H. Kuntz, Esquire

   American Heritage Life Building Jacksonville, Florida

   
   

   ISSUE

   
   

   Whether there should be an opening of a public at-grade rail/highway crossing and new rail line construction on Jones Road and Georgia Southern and Florida Railroad - MP 243.

   
   

   FINDINGS OF FACT

   1. The following stipulation was agreed upon and written by the parties: "1. As to the necessity of the opening

      of the said crossing. Westlake is a develop-

      ment where in excess of $25,000,000 has been spent in a project of the Georgia Southern & Florida Railway, of which $15,000,000 has al-

      ready been spent to date. Such project has been reviewed and approved by the Jacksonville Planning Board and the public need has been recognized and determined for this residential and light industrial development.

      
      

   2. As to the facility. The track will be an extension of existing lead track that was originally considered and approved by the De- partment of Transportation crossing Garden Street and is an extension south to the Appli- cant's property lime. Said extension is to serve the need of said development and must be extended across Jones Road to facilitate the services of light industrial purposes. Said track is an extension being two miles in length.

      
      

   3. Safety and signalization. To meet the required safety standards of the State of Florida, Applicant agrees to install cantalevered flashing lights and bells, side mounted, which are referred to as Type

      2 installation. Applicant also agrees to provide sign and pavement markings as specified in MUTCD. The parties agree

      that said construction of signal device will provide the required public safety.

      
      

   4. The present anticipated need of such crossing of the Applicant are for one train per day rail traffic in and out. Jones Road is a two-lane rural road with posted speed limits of 45 miles an hour.

      
      

   5. As to the construction. Said plans have been presented and approved by the City Engineer, Jacksonville, Florida.

      
      

   6. Applicant agrees to pay for the installation and maintenance of signalization.

      Approximately $35,000 for the installation and $3,000 per year maintenance.

      
      

   7. Applicant agrees that it is a quasi-public corporation existing in perpetuity.

      
      

   8. Applicant agrees to abide by the rules and regulations of the Department of Transportation and laws of the State of Florida, as well as the ordinance code of the City of Jacksonville."

1. The facts as outlined in the stipulation of the parties are the Findings of Fact of the Hearing Officer.

   CONCLUSIONS OF LAW

   
   

2. Section 338.21, Florida Statutes, Elimination of railway-highway crossing hazards.-, provides in part:

   
   

   "(3) The department shall have regulatory authority over all public railroad crossings in the state, including the authority to issue a permit for the opening and closing of such crossings."

   
   

3. The Applicant has established and the Department of Transportation, Respondent, has agreed that there is a need for the subject railway-highway crossing.

   
   

4. The safety and signalization installation as agreed to by the parties is appropriate for the subject railway-highway crossing.

   
   

5. The Applicant has agreed to pay for the installation and the maintenance of the signalization of the crossing.

RECOMMENDATION

Issue the required permit.

DONE and ORDERED this 25th day of July, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

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

Julie H. Kuntz, Esquire American Heritage Life Building Jacksonville, Florida

Docket for Case No: 77-000463

Orders for Case No: 77-000463