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A. Every railway company operating within the boundaries of the city shall keep every portion of every city street or alley upon or across which their tracks shall be or are constructed and maintained in good and safe condition to accommodate public travel. For this purpose, each railway company will install and maintain the materials required in the manner specified from time to time in writing by the mayor to surface and maintain the same in good condition for public travel.
B. The portions of the street or alley surfaces to be so maintained by all such railway companies shall include all the space between their different rails and tracks and also the space outside the outer rail of each outside track for a distance of two feet (2'), measured from the outside edge of the rail, for the full width of the street or alley, including sidewalks, or length of said street or alley, unless otherwise directed by the mayor.
C. At all times, the surface of the street or alley shall be maintained level with the top of the rails on the track. After being directed in writing to surface or perform maintenance work on an area of trackage, each such railway company shall complete the work specified by the mayor within seven (7) days on small roadway repairs or thirty (30) days for major capital improvements, or such other reasonable time as specified by the city. Every railway company which fails or refuses to comply with such notice, within the time specified, shall pay to the city all costs and expenses incurred by the city or others at its direction for performing the required surfacing and/or maintenance work and the city may thereafter recover such costs and expenses, including attorney fees incidental thereto, in a civil action brought against such railway company in any court having jurisdiction thereof. (Prior code § 35-1-5)
Such railroads shall, when required by the mayor, construct suitable viaducts over all streets when life or property may be endangered by the ordinary public use of the streets over, upon or across which such railroads are constructed. (Prior code § 35-1-3)
All railroad companies shall, at their own expense, construct viaducts and bridges for the cross streets, now existing or hereafter opened, intersecting the embankments or excavation of their railroads; they shall also make such grades or excavations as, in the opinion of the mayor, may be required to make the passage over the railroad embankments easy and convenient for all the purposes for which streets are usually used; and they shall make such drains and sewers as their embankments and excavations may make necessary. (Prior code § 35-1-2)
It is unlawful for any person to construct a railroad within the limits of the city without complying with the following provisions:
A. Such railroad shall, at its own expense, construct and keep in good repair all water ducts, sewers, drains, street crossings, receiving basins, and all fixtures connected therewith, and all fixtures connected with the distribution of water or sewage in the city which may be affected by the construction of the railroad.
B. All construction, alteration and repairs must be done under the supervision of the director of public services and shall be subject to the approval of the mayor. (Ord. 6-01 § 12, 2001: Ord. 77-97 § 16, 1997: prior code § 35-1-1)
Nothing in any ordinance or resolution granting a right of way or franchise for a railroad shall be construed to prohibit the mayor from granting permission to any other railroad company to cross any railroad track already laid, and when any railroad shall intersect any other railroad, the rails of each shall be so cut or altered as to permit the cars to pass without obstruction. It is unlawful for any person wilfully to obstruct any railroad in the manner herein prohibited. It is unlawful for any person wilfully to construct a railroad in order to obstruct the free passage of another railroad. (Prior code § 35-1-7)
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