(a) Any railroad company maintaining or operating any railroad onto or across any street, avenue or alley within the city shall construct thereat a crossing and shall keep open, maintain and repair all crossings as required by the city. All railroads shall make, keep open and repair ditches, drains, sewers and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.
(b) In all cases where, in the opinion of the city, it is necessary for the safety and protection of the public that street or avenue crossings over railway tracks be lighted or street crossing alarms, signs or automatic signals installed to notify the public of approaching trains, the city may cause the railroad company over whose line the street or avenue crosses to install lights, crossing alarms or automatic signals for the purpose of notifying the public of approaching trains in a manner and by the method, as, in the opinion of the city, will be most suitable for the protection of the public.
(c) Whenever the city shall deem it necessary to order the construction, reconstruction or repair of any street or avenue crossing or of ditches, drains and sewers or the installation of lights, crossing alarms or automatic signals at any crossing it shall declare in a proposed resolution the necessity of the construction, repair or improvement, describing therein the crossing ditch, drain or sewer to be improved and the nature of the improvement and the time and place at which the city council will meet to consider the adoption of the resolution. The resolution shall be published once a week for three consecutive weeks prior to the time specified in the resolution for the consideration of the adoption of the resolution. A copy of the resolution shall also be served upon the railroad company involved at least 15 days prior to the meeting in the manner provided by law for the service of a summons upon a railroad corporation. At the time of the meeting or hearing or at any adjournment thereof, the council shall investigate and consider the matter and shall hear the evidence and testimony of all parties appearing or interested therein. At the conclusion of the hearing, the council may reject or adopt the resolution with or without amendment as it shall deem proper.
(d) The resolution shall be published, take effect and be subject to referendum as other resolutions, and upon taking effect a copy of the resolution duly certified by the city finance director shall be served upon the railroad company involved in the manner provided by law for the service of a summons upon a railroad corporation. Thereafter, and within 20 days or a longer time as may be granted by the council as set forth in the resolution, the railroad company shall do and perform all acts required by the resolution. Any railroad company neglecting to comply with the requirements of any resolution duly enacted in accordance with this section shall be liable to a penalty of $25 for each day the neglect shall continue, to be recovered in a civil action in the name of the city and paid into the general fund of the city.
(1992 Code, § 38-65) (Ord. 104-99, passed 10-14-1999)