In accordance with the statutes of the State of Nebraska, including Neb. RS 17-144 and 17-551:
(A) Duty of railroad. It shall be the duty of any railroad company, its employees, agents or servants owning, maintaining or operating a railroad within or through the city, to construct and keep in repair at their expense all ditches, drains and culverts along and under its railroad tracks at all places within the limits of the city where the same may be necessary for the escape of water and the proper draining of the territory on either side of the railroad tracks; and
(B) Construction and repair.
(1) When any drains, ditches or culverts may be necessary for the escape of water and the proper drainage of the territory on either side of any railroad track, the Mayor and Council may, by resolution, call upon the proper railroad company to construct or repair the drain, ditch or culvert and to place the same in proper condition for the escape of water for the proper drainage of the territory on either side of the railroad track.
(2) A copy of every resolution shall be served upon the local agent of the railroad company whose duty it is to construct or keep in repair any drain, ditch or culvert; and failure or refusal to comply with any the resolution within 14 days after the service thereof, shall be deemed a violation of this chapter.
(1998 Code, § 10-505) Penalty, see § 114.99