It shall be the duty of each railroad company to keep the streets
over which it operates lighted at such points and at such times and
with such kind of lights as the city manager may designate.
(1958 Code, sec. 31-23; 1978 Code,
sec. 22-40)
(a)
When given.
(1)
Any railroad company occupying any paved street or portion thereof
in the city shall, when ordered by the city council, raise or remove
its tracks from such paved street or portion thereof and reconstruct
its roadbeds upon concrete foundations according to the plans and
specifications prepared by the city engineer. No railroad company
shall hereafter occupy any paved street or portions thereof in the
city without constructing its roadbed as provided in this division.
(2)
Any railroad company granted a right-of-way over, along or upon any
street or portion thereof in the city, when such street is ordered
paved by the city council, before the track of such railroad company
shall have been laid, shall not occupy such street or portion thereof
without constructing its roadbed in the manner provided for in this
division.
(3)
Such construction or reconstruction of roadbed of any railroad company
shall be under the supervision and to the satisfaction of the city
engineer.
(b)
Failure to obey, procedure.
If any railroad company
shall fail or refuse to raise or remove its tracks from any streets
paved, or ordered to be paved, by the city council, as provided in
this division, the city council shall order the removal of the tracks
and appurtenances thereto from such streets, or portions thereof,
and such railroad company shall not have the right to occupy the streets
or portions thereof until it shall have complied with the provisions
of this division. But the city council may, at its option, have such
work done under the supervision of the city engineer and charge the
costs thereof to such railroad company, and recover such costs from
such company by suit, in any court of competent jurisdiction.
(1958 Code, secs. 31-30, 31-31; 1978 Code, secs. 22-47, 22-48)
Whenever the track of any railroad crosses a street or alley
in this city, the top rail shall be even with the surface of the street,
for the full width of the street, and the street crossings shall be
so fixed by the railroad company or its agents. The same shall be
observed where they have switches on any street.
(1958 Code, sec. 31-32; 1978 Code,
sec. 22-49)
No right-of-way over any of the streets within the city shall
be granted to any railroad unless a map and profile of the grades
along the streets named shall accompany the application and ordinance,
and it shall be the duty of the city engineer to inspect any and all
such maps and profiles, and report the result of his investigation
as soon thereafter as possible to the city council, and no right-of-way
shall be granted until such examination shall be made and reported
upon, in order to better protect the rights of property owners along
the several streets; provided, however, that there shall be no costs
attached to the city.
(1958 Code, sec. 31-33; 1978 Code,
sec. 22-50)
No railroad company shall lay down additional tracks within
the limit of the city without a special permit from the city council
being first had and obtained. It shall be the duty of the city engineer
to examine and report on such application as to the advisability of
granting such special permit.
(1958 Code, sec. 31-34; 1978 Code,
sec. 22-51)
No railroad company shall construct any switch along or across
any street in the city without having first received a permit from
the city council.
(1958 Code, sec. 31-35; 1978 Code,
sec. 22-52)
It shall be the duty of each railroad company whose lines of
road are constructed, or may hereafter be constructed, within the
city to keep that portion of the streets over which they operate,
between their tracks and switches and for two (2) feet on the outside
thereof, in good condition and repair, and to keep the same free from
obstructions of every kind, which repairs shall be made and constructed
under the direction and supervision of the city engineer.
(1958 Code, sec. 31-24; 1978 Code,
sec. 22-41)
It shall be the duty of each railroad company to construct and
keep in repair all bridges and crossings from curbline to curbline
at the intersection of streets with the line of such railroad and
over all ditches, sewers and culverts, on the line of its railroad,
and to fill up and grade all sinks and gullies adjacent to or on the
line of its road, which work and improvements shall be done and made
under the direction of the city engineer, and in such manner and of
such material and at such points as may be required by him.
(1958 Code, sec. 31-25; 1978 Code,
sec. 22-42)
It shall be the duty of all railroad companies whose lines of
road are now constructed or which may hereafter be constructed on
or over any street or part of a street in the city, to make, construct
and maintain, under the supervision of the city engineer, and in accordance
with the plans and specifications to be furnished by him, all such
drains, culverts, waterways and ditches and such other connections
as shall be deemed necessary by the city engineer to properly drain
the streets through or over which such railroad line may be constructed,
and to conduct the water outside the city.
(1958 Code, sec. 31-26; 1978 Code,
sec. 22-43)
Where any railroad has gutters or culverts, the same shall be
so constructed or covered up and maintained as not to interfere with
free passage and convenient travel along the street, and so as not
to convey water into any street or lot in the city, and the railroad
company, or its agents, shall see that the same are constructed accordingly.
(1958 Code, sec. 31-27; 1978 Code,
sec. 22-44)
It shall be the duty of the city council, whenever in its judgment any action is necessary to enforce the provisions of sections 20.02.131 through 20.02.134, to cause to be prepared by the city engineer plans and specifications for such improvements of the character contemplated by sections 20.02.131 through 20.02.134, as it may deem necessary to be made by any person owning or operating a line of railroad within the city. Such plans and specifications, when so prepared, shall be submitted to the city council, together with a resolution declaring such improvements to be necessary, and directing that such person be notified to construct the same without delay, the same to be approved and passed by the city council. Such plans and specifications shall be filed in the office of the city clerk.
(1958 Code, sec. 31-28; 1978 Code,
sec. 22-45)
After such plans and specifications shall have been approved
by the city council and such resolution passed, it shall be the duty
of the city manager to cause to be notified such person, by written
notice, to begin such improvement within ten (10) days from the service
of such notice. Such notice shall be accompanied by a copy of such
resolution, and shall contain a reference to the specifications, filed
as aforesaid, and the same shall be authenticated by the certificate
of the city clerk. In case of a corporation, such notice shall be
delivered to its chief officer or agent residing in the city.
(1958 Code, sec. 31-29; 1978 Code,
sec. 22-46)
