STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, ) DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1326

) GEORGIA, SOUTHERN AND FLORIDA ) RAILROAD COMPANY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, in the conference room at the District 2 Headquarters Building South Marion Street, Lake City, Florida at 10:30 a.m. on November 3, 1975.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

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

ISSUE

Whether the Florida Department of Transportation should issue a permit for the installation of a public at-grade railroad crossing in the vicinity of the Georgia, Southern and Florida Railroad track, 1,027 feet North of Milepost 214 on the alignment of Baya Avenue, East of Lake City, Florida.

FINDINGS OF FACT

Having heard the testimony of witnesses for the petitioner and the arguments of counsel and those witnesses appearing for the Department of Transportation on the issues and considering the evidence presented in this cause, it is found as follows:

1. Petitioner, Florida Department of Transportation, is duly authorized to establish and maintain a primary system of highways within the boundaries of the State of Florida.

   
   

2. The Petitioner has heretofore filed an application with the appropriate division of the Department of Transportation of the State of Florida pursuant to Chapter 330.21 Florida Statutes, for Permission to establish a graded railroad crossing for Baya Avenue (U.S. 90) within the city limits of Lake City, Florida

   on the state primary highway system proposed to intersect the Respondent Railroad's tracks approximately 1,027 feet North of Milepost 214 of the Georgia, Southern and Florida Railroad.

   
   

3. The Respondent Railroad Company did not appear although the record shows that Notice of Hearing was properly given and that plans of the project and proposed signalization were duly sent by letter dated October 8, 1975. There was uncontroverted testimony by Mr. Terry Crews, Assistant District Utilities Engineer for the Petitioner that Mr. R. A. Kelso, Chief Engineer, Design and Construction, Southern Railway System had discussed a portion of the project by telephone with Mr. Crews and no objections were raised. No letters of objection were filed.

   
   

4. The Petitioner is in the process of constructing a new four-lane vehicular thoroughfare. This construction is necessary in the rerouting of vehicular traffic through Lake City, Florida (U.S. 90). As a part of this construction it is necessary to cross the railroad and State Road 100 which lie adjacent to each other. It will be a four-lane divided highway with a painted median, with curbs and gutters in the vicinity of the crossing. At the time of construction, the railroad will consist of single-line trackage that carries two

   (2) trains per day at speeds of approximately 20 miles per hour. It is estimated that approximately 20,000 vehicles per day will use this facility by 1984. Studies conducted by Department of Transportation personnel reveal that the crossing should be signalized with cantilevered flashing lights, ringing bells and pavement markings in accordance with the Manual on Uniform Traffic Control Devices. This signalization should be interconnected with vehicle traffic signalization located at State Road 100 to control vehicular traffic at the highway crossing as well as the railroad crossing. The applicant agrees to install and maintain such signalization.

   
   

5. The Hearing officer further finds:

   
   

   1. The proposed crossing is necessary and desirable;

   2. The signalization is adequate as planned, to protect the public;

   3. The Petitioner needs the crossing;

   4. The Respondent has not opposed the crossing;

   5. The Petitioner, Florida Department of Transportation, will Install and maintain the crossing.

      
      

      CONCLUSIONS OF LAW

      
      

6. Section 330.21, Florida Statutes, 1972, provides, in part, that the Department of Transportation has regulatory authority over all public at-grade railroad crossings in this state. The purpose of this law is to minimize the hazard inherent in highway traffic crossing railroads. The evidence in this case shows that there is a need for the crossing and with the installation and maintenance of signalization, as set forth in the facts, the hazards of collision can be minimized. Since the intent of the law can be fulfilled to provide safety to the railroad and the travelling public, it must be concluded that a permit for the opening of the subject crossing should be granted.

RECOMMENDED ORDER

Grant a permit for the opening of the subject crossing, as applied for, conditioned upon the installation and maintenance of signalization consisting of cantilevered flashing lights, ringing bells and proper pavement markings.

DONE AND ORDERED this 27th day of December, 1975.

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

Mr. R. A. Kelso, Chief Engineer Design and Construction Southern Railway System

99 Spring Street, S. W. Atlanta, Georgia 30303

Docket for Case No: 75-001326

Orders for Case No: 75-001326