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(A) When any street or highway in the city is to be built and improved to an established grade, then any person owning, constructing, maintaining or operating any street railway over, across or along any street or highway in the city shall conform all railway tracks, including switches, turnouts, spur tracks and crossovers to the established grade.
(B) Whenever a contract shall be let for the building and improvement of any street or highway in the city to an established grade and any street railway track established grade, then the city shall notify, in writing, the person owning or maintaining the tracks that the work necessary to conform the tracks to an established grade shall be commenced within 15 days after the service of the notice and completed as soon as reasonably possible.
(C) Whenever a contract has been let for the building and improvement of any street or highway in the city to an established grade, and any street car tracks running over, across or along the street do not conform to the established grade, the City Engineer, upon request, shall furnish a grade and, also, the lines of the street occupied by the tracks to the person maintaining the tracks.
(D) All railroads operating in the city and having or using a railroad crossing in the city are hereby required to maintain the street crossing grade so as not to impede traffic or adversely affect traffic.
(Ord. 4486, passed 12-11-1978)
(Prior Code, § 111.26) Penalty, see § 100.99
Statutory reference:
Authority of Board of Public Works and Safety as to railroad crossing grade separations, see I.C. 8-6-2.1-1 et seq.
It shall be unlawful for any railroad operating through, along, upon and across any public highway in the city at grade to either raise or lower the rails of the railroad at the point where the railroad intersects any highway without first procuring from the Board of Public Works and Safety permission to do so in writing.
(Prior Code, § 111.27) Penalty, see § 100.99
(A) Upon the direction from the Mayor or the Board of Public Works of the city, the Street Commissioner of the city shall tear out any railroad track so laid in violation of the provisions of this chapter, and remove the same from any street, alley or public place on which it is found or has been laid.
(B) The Street Commissioner shall keep an itemized account for the expense incurred by him or her in the tearing up and removal of tracks, and he or she shall thereupon institute suit against the offending person for the recovery of the expense.
(Prior Code, § 111.28) Penalty, see § 100.99
It shall be the duty of all railroads or railroad companies operating a line of railroads through the city to erect and construct all street crossings over which their railroad crosses, with asphalt, concrete slabs or other materials specified by the city for the full width of their right-of-way.
(Prior Code, § 111.29) Penalty, see § 100.99
REPAIR OF STREETS AND SIDEWALKS
(A) Whenever any street or sidewalk crossing on property owned by any railroad company shall be out of repair, the Common Council may, by resolution, order the owner to construct a new sidewalk, repair, raise or lower the street or sidewalk crossing and may also order that the width and riding quality of the roadway surface at a grade crossing should, as a minimum, be restored to correspond with the approaches to the crossing.
(B) The Common Council shall in the resolution prescribe the time in which the repairs shall be completed, material to be used therein, and the manner of doing the repairs.
(Prior Code, § 111.35) (Ord. 4495, passed 2-12-1979; Am. Ord. 4531, passed 6-25-1979)
(A) (1) When the resolution provided for in § 100.65 has been passed by the Common Council, the City Clerk shall, as soon as practicable thereafter, issue and cause to be served by the police force a written notice informing the company or companies of the adoption of the resolution, and that the resolution is filed in the Clerk’s office where it may be inspected by them.
(2) This notice shall specify the time limited for making the new construction or repair and a description of the street or sidewalk crossing to be so repaired. In case the company is a nonresident of the city, the notice shall be posted in a conspicuous place on the crossing or parts thereof.
(3) It shall be the duty of the company or companies to make the new construction or repairs in the manner prescribed in the resolutions and within the time limited therefor under the direction of the City Engineer and to his or her satisfaction and acceptance.
(B) (1) In case any street or sidewalk crossing shall be so out of repair as to be dangerous for use, the Street Commissioner shall without action of the Council, at once give a written notice to the company or companies in case they are residents of the city and in case they are nonresidents of the city or cannot be found, no notice shall be required to immediately repair the street or sidewalk crossing.
(2) In case of failure to do so, the Street Commissioner shall cause the new construction or repairs to be made, at once, under the direction of the City Engineer and to his or her satisfaction and acceptance.
(3) Thereupon proceedings shall be had for the assessment of the costs on the property and the collection of the costs as provided for in this chapter.
(Prior Code, § 111.36) (Ord. 4495, passed 2-12-1979; Am. Ord. 4531, passed 6-25-1979)
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