HomeMy WebLinkAbout2021-06-30-2231
AN ORDINANCE TO REQUIRE ALL RAILWAY COMPANIES TO
CONSTRUCT AND REPAIR ALL STREET IMPROVEMENTS BETWEEN THE
RAILS OF THEIR TRACKS, AND ONE FOOT OUTSIDE, AT THIE OWN
EXPENSE, UNLESS BY ORDINANCE THE RAILWAY IS REQUIRED TO
IMPROVE OTHER PORTIONS OF THE STREET, IN WHICH CASE, THE
RAILWAY SHALL CONSTRUCT AND REPAIR THE IMPROVEMENT SO
SPECIFIED BY ORDINANCE, AND THE IMPROVEMENT OR REPAIR MUST
BE OF THE MATERIAL AND CHARACTER ORDERED BY THE CITY, AND
MUST BE DONE AT THE TIME THE REMAINDER OF THE IMPROVEMENT
IS CONSTRUCTED OR REPAIRED. VIOLATION OF THIS ORDINANCE IS A
MISDEMEANOR.
§223.1 Construction and Repair Required of All Railway Companies.
All railway companies shall construct and repair all street improvements between the
rails of their tracks, and one foot outside, at their own expense, unless by separate
ordinance the railway is required to improve other portions of the street, and in that case
the railway shall construct and repair the improvement of that part of the street specified
by the ordinance, and the improvement or repair must be of the material and character
ordered by the city, and must be done at the time the remainder of the improvements is
constructed or repaired.
§223.2 Rails to be Laid as Required, and Grade to be Maintained.
When an improvement is made, the company shall lay rail as required by the council, and
shall then keep up to grade that part of the improvement they are required to construct or
maintain.
§223.3 Failure or Refusal by Railway. If a railway fails or refuses to
comply with the order of the council to construct or repair an improvement, the work may
be done by the city and the expense shall then be assessed upon the property of the
railway company, for collection in the same manner as a property tax. A tax assessed
under this section shall also be a debt due from the railway, and may be collected in an
action at law in the same manner as other debts.
§223.4 Improvements Defined. As used in this Ordinance, the term
“improvements” shall include: street surface, curb, gutter, and sidewalks.
§223.5 Misdemeanor. Each violation of this ordinance shall constitute a
misdemeanor.
§223.6 Repealer. All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§223.7 Severability Clause. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect
the validity of the ordinance as a whole or any section , provision, or part thereof not
adjudged invalid or unconstitutional.
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§223.8 Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
November 16, 1998 – Ordinance No. 2262