§ 19-3. Implementation.

(a) Notice of needed protection.

Whenever the Director of Transportation determines, after adequate investigation and consultation with the railroad, that the crossing of a public street or highway at grade by the tracks of the railroad creates a condition that reasonably requires more adequate protection in addition to that already provided by the railroad, the Director shall:

(1) notify in writing the railroad company owning or operating over the tracks at the location that the crossing reasonably requires further protection; and

(2) order the railroad company either:

(i) to erect or install and maintain at the crossing:

(A) automatic gates;

(B) automatic flashing lights; or

(ii) to provide train crew protection; or

(iii) to do any combination of these.

(b) Contents of notice.

Every such notice issued by the Director shall set forth in writing:

(1) the pertinent facts relative to the particular location;

(2) the requirements that must be complied with by the railroad;

(3) the reasons for the Director's findings, conclusions, and orders; and

(4) a reasonable period of time within which the order must be complied.

In determining whether or not a particular railroad grade crossing creates a condition that reasonably requires further protection, and in determining which warning or safety measure, if any, set forth in subsection (a) of this section shall be provided by the railroad company at a particular location, the Director shall consider the following:

(1) the number of tracks involved at the particular location;

(2) the usual or general speed of the rolling equipment operated over the tracks at the particular location;

(3) the number and frequency of trains or other rolling equipment operated over the tracks at the particular location;

(4) the type or character of the neighborhood surrounding the particular location;

(5) the volume and type of vehicular and pedestrian traffic using the street or highway at the particular location at various times;

(6) the transportation requirements and facilities;

(7) the topography of the surrounding land and the grade, width, course, and location of the railroad tracks and the street or highway at the particular location;

(8) the existence of any signaling, warning, or safety device or devices which have been constructed, installed, or placed by the railroad company at the particular location;

(9) the number and character of collisions that have occurred at the particular location; and

(10) any other pertinent facts or matters.

(d) Allocation of cost.

(1) The cost and expenses for the installation of the devices required by the Director of Transportation under this section may be apportioned by the Board of Estimates between the railroad company and the City on the basis of the Board's judgment of the benefits accruing to the railroad and the public respectively.

(2) In any determination of the allocation of costs, the Board of Estimates may, in addition to all other pertinent factors, consider the relative use of the crossing by railroad traffic and other vehicular traffic.

(3) The determination of the apportionment by the Board of Estimates shall be final and not subject to appeal.

(4) The apportionment may apply only to future installations ordered under this section. In no event may any part of the cost of restoring, repairing, or maintaining the protective devices provided by the railroad at these crossings or of installing crossings signs or providing train crew protection be apportioned by the Board of Estimates to the City.