2500/24

Nothing in this section shall be construed to waive any right of the city to include any trackage area within a city street or alley in a street improvement project, and to assess against the abutting railway property its proper share of the cost of the improvement.

Wherever the right-of-way lines of a railroad company cross a city street, alley or other public place at grade, it shall be the duty of such company to keep the roadway and sidewalk area within such right-of-way lines, constantly in proper repair and free from nuisance. In the case of tracks laid longitudinally within a street, the responsibility of the company for repair and maintenance free from nuisance, shall be for the area between the outside ends of the ties, including the space between tracks where there are two or more tracks.

2600*365

When the city is obliged, for any reason, to make any repairs or improvement in a street or sidewalk, for which the railroad company is by this section made responsible, the cost thereof shall be charged against the company. Except in situations of hazard, requiring immediate attention, the city manager shall, when repairs or improvements are necessary, notify the local managing agent of the railroad company in writing, to make the same, and in such written notice shall fix the time limit within which the work shall be completed. If the work is not completed within the time fixed or an approved extension thereof, the city manager shall be authorized to complete the same and charge the city's cost against the company. Before any repairs are made by the railroad company to the tracks and paving of the city's streets or alleys, details of construction, type of paving to be used and any proposed change of grade shall be approved by the city manager. All work shall be done under supervision of the city manager.

In the case of spur tracks permitted in city streets to furnish direct track service to business and industrial plants, the responsibility for roadway and sidewalk repair and maintenance shall be as provided for in any special ordinance governing the granting of the permission, but in any event the railroad company shall keep in repair and maintain free from nuisance the entire street area between the outside ends of the ties.