1. When a railway occupies any portion of a street with its tracks running in the general direction of the street, either on or adjacent thereto, the railway company shall improve the space between its tracks, and two feet (2') on either side thereof, in the same manner that the remainder of the street is to be improved, or with such other material as the city may require.
2. Where any railway company occupies an alley with its track or tracks, the company shall be required to improve, gutter, drain, grade or pave, chat or gravel such alley in the manner that may be required by the ordinances of the city. Where any railway company crosses any street that is being or has been paved, the mayor and board of commissioners may require the railway company to pave so much of the street as may be occupied by its track or tracks and two feet (2') on each side, and when more than one track crosses the street within a distance of one hundred feet (100'), measuring from inside rail to inside rail, the railway company shall grade, gutter, drain, curb, pave, chat or gravel, or improve between its tracks in the same manner as the city may be improving or has improved the other portion of the street.
1. If the owners of the railway shall fail or refuse to comply with any order of the city to make such improvements by paving, chatting, graveling, macadamizing, or building sidewalks as the city directs, or to repair such paving, graveling, macadamizing or building sidewalks, such work may be done by the city. The cost and expense of such work done by the city may be charged against the railway company and may be collected in the district court in the county in which the improvements have been made, by action at law, in the name of the city against the railway company. In any such action at law, it shall be sufficient to declare generally for work or labor done, or material furnished on the particular street, avenue, alley or highway so improved.
2. In addition to the remedy provided in this subsection B for collection of costs and expenses, the city or anyone authorized by it to do the work, shall be entitled to a lien upon the property of the railway company. Such lien shall exist for the full amount of the cost and expense against the property of the railway company adjacent or contiguous to the improvement or improvements so made. The lien may be enforced against the property of the railway company by action in the district court in the county in which the improvements have been made. In any action to enforce the lien, it shall be sufficient to declare generally that the lien exists for the amount of the cost and expense of the work and labor done or material furnished on the particular improvement. (1994 Code §§ 28-4, 28-5)
Notes
| 1 | 2. State law reference - similar provisions, 11 OS § 36-116. |
| 2 | 1. State law reference - similar provisions, 11 OS § 36-118. |