§ 76.04 STREET AND ALLEY IMPROVEMENTS, RAILWAY DUTIES.
   (A)   Streets.
      (1)   When a railway occupies any portion of a street with its tracks running in the general direction of such street, either on or adjacent thereto, the railway company shall improve the space between its tracks and two feet on either side thereof in the same manner in which the remainder of the street is to be or has been improved, or with such other satisfactory material as the Board of Trustees by motion or resolution may approve.
      (2)   When the tracks of any railroad company cross any street which is being or has been paved, the company shall pave as much of the street as is occupied by its track or tracks and two feet on each side using the same material as is to be or has been used on the street, or such other satisfactory material as the Board of Trustees by motion or resolution may approve.
      (3)   When more than one track crosses a street within a distance of 100 feet, measuring from inside rail to inside rail, the railroad company shall grade, gutter, drain and curb the street area between its tracks and surface or pave it with the same material which the town is to use or has used on the street.
   (B)   Alleys. In cases where any railway company occupies an alley with its track or tracks, such company shall improve, gutter, drain and grade such alley and shall surface or pave it with the same material which is to be or has been used on the alley, or with such other satisfactory material as the Board of Trustees by motion or resolution may approve.
   (C)   Keeping in good repair. Railroad companies shall keep all such improvements made by them in a good state of repair at all times.
(Prior Code, § 8-3-1)