STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1957

)

FLORIDA EAST COAST RAILWAY )

COMPANY, ST. JOHNS COUNTY, )

)

Respondent. )

)

RECOMMENDED ORDER

The parties to this Hearing have filed a Motion for Recommended Order and a Stipulation of Facts which were submitted on March 10, 1977.

APPEARANCES

For Petitioner: Philip S. Bennett, Attorney

Florida Dept. of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: John W. Humes, Jr., Attorney

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

E. Willard Howatt, Attorney St. Johns County

Post Office Box 299

St. Augustine, Florida 32084 ISSUE

Whether a permit should be granted for an at-grade public road crossing of the Florida East Coast Railway branch line at the Railway's Mile Post 44 plus 1780.3 feet.

FINDINGS OF FACT

1. The parties to this case filed a joint Stipulation of Facts by which it was shown that the County filed an application with the Florida Department in September of 1976 to cross the branch line of the Railway from Moultrie Junction (St. Augustine) to East Palatka, Florida at the Railway's Mile Post 44 plus 1780.3 feet. The crossing is more clearly shown by attachments to the County's application and the Railway's Plan 5O (MP 44 + 1780.3') of November 3rd, 1976, which was attached to the Stipulation of Facts, both of which are incorporated into these Findings.

2. The proposed crossing will be by a county roadway to be non as Tillman Ridge Road, and will be primarily used by garbage trucks or other vehicles ceding access to the County's sanitary landfill. The Railway has currently scheduled two trains per week in each direction over the proposed crossing, but could handle additional regularly scheduled or extra trains as warranted. Train speed limit is 40 MPH. The County roadway will curve to the right on the north side of the Railway crossing.

   
   

3. The Railway and the County have signed a contract calling for the installation of train activated flashing lights, gates and bells to be installed at the crossing. The County executed the agreement after the County Commission unanimously authorized execution at its public meeting of January 11th, 1977. A copy of that portion of the minutes of the County Commission meeting is attached and incorporated into this Stipulation.

   
   

4. All of the parties to this proceeding agree that the crossing will be adequately protected by the installation of these devices.

   
   

5. The Stipulation of Facts and the Motion for Entry of Recommended Order are incorporated as a part of this Order.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all public railroad Crossings in this state, The primary purpose of this law is to determine need and to reduce hazards inherent when highway traffic crosses railroad tracks. The evidence submitted by the Stipulation of Facts is sufficient to meet the minimum requirements of law and demonstrates that there is a need for the subject railroad crossing and that train operated flashing lights, gates and bells will safely protect both the train crew and the motoring public. Therefore, the application for the opening of the crossing of the Florida East Coast Railway by the construction of Tillman Ridge Road at the Railway's bile Post 44 plus 1780.3' is appropriate.

RECOMMENDATION

It is recommended that the permit be granted and that the crossing be opened subject to the type of crossing protection equipment agreed on by the parties.

DONE and ORDERED this 14th day of March, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings The Carlton Building

Room 530

Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this day of , 1977.

Docket for Case No: 76-001957

Orders for Case No: 76-001957