A. 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 (2) feet 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 Council by motion or resolution may approve. Where any railway company occupies an alley with its track or tracks, the company shall be required to improve, gutter, drain, and grade such alley and shall surface or pave it with the same material that is to be, or has been, used on the alley or with such other satisfactory material as the Council by motion or resolution may approve. Where any railway company crosses any street that is being or has been paved, the railway company shall pave so much of the street as may be occupied by its track or tracks and two (2) feet on each side, and when more than one (1) track crosses the street within a distance of one hundred (100) feet, measuring from inside rail to inside rail, the railway company shall grade, gutter, drain, curb, pave, chat, 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. Provided, however, any Council may, at the time of the construction of the tracks, the granting of any street railway franchise, or at the time of the publication of the resolution waive any or all of the requirements of this subsection if it deems it to be in the best interests of the City to do so.
B. Railroad companies shall keep all such improvements made by them in a good state of repair at all times.
(Code 1991, § 16-101)