§ 15-6-448 — Work on railways and streets along railways

(a) All railway and street railway companies shall make or
reconstruct all or those portions of all paving, graveling or
macadamizing between the rails of their tracks and one (1) foot
outside thereof at their own expense as the city or town may
require. The improvement or the reconstruction shall be of the
material and character ordered by the city or town and shall be
done at the same time that the rest of the improvement is made
or reconstructed. No work on the improvement along the railway
or street railway may be permitted to delay or interfere with
the work of the general improvement of the street, and no use
may be made of that portion of the railway or street railway,
without the written permission of the city engineer, during the
progress of the work or until the improvement is safe for use
and open for traffic by the city engineer.
(b) When the improvement is being constructed or
reconstructed the companies shall lay, in the best approved
manner, such rails as the governing body may require. The
companies shall keep and maintain the paving, graveling and
macadamizing between their rails and one (1) foot outside
thereof and the rails up to the surface grade of the improved
street, according to the plans and survey of the city therefor
and all in good repair, using the same material as is used for
the original improvement or such other material as the governing
body may order. When the improvement of any street is being
constructed or reconstructed the companies shall raise or lower
their tracks and rails to conform to the grade established by
the city or town for the improvement. If any railway or street
railway company fails or refuses to comply with an order,
resolution or ordinance of the governing body to make,
reconstruct, maintain or repair an improvement, the work may be
done by the city and the cost and expense thereof shall be
assessed against the company and upon its real estate and
personal property within the corporate limits of the city or
town and the franchise granted to the company in the manner
provided for the assessment of the cost against other property.
The assessment may be collected in the manner provided for other
assessments or in a direct proceeding in the district court. If
the cost of any part of the improvement of any street is charged
against any railway or street railway company or its property,
plans and specifications for that part of the improvement shall
be included in the plans and specifications filed by the city
engineer for the improvement of the other portions of the
street. The bids therefor shall be called for by the city or
town in connection with the bids for the remainder of the
improvement and received showing the cost per square yard
separately from the cost per square yard of the other portions
of the improvement. If done by the city or town, the cost shall
be determined separately from the cost of the other portions of
the improvement. At any time after the advertisement for bids
for graveling, macadamizing or paving of any street or streets
occupied by any railway or street railway, they shall file with
the governing body a statement indicating whether they refuse to
construct or reconstruct the improvement or whether they desire
the city or town to do the improving and charge the cost against
the company. The instrument shall be filed not more than three
(3) days after the opening of the bids for the work, and if the
instrument is not filed within that time, it is deemed a refusal
to do the improving themselves and a request for the city or
town to construct it and assess the cost to the company. Special
improvement warrants or bonds may be issued for the construction
or reconstruction or maintenance of an improvement, the cost of
which is assessed to the company.
(c) If any tracks or rails of any railway or street
railway are laid or relaid upon any street or streets improved
by paving, graveling or macadamizing, the company shall do the
work under the supervision of the city engineer and in such a
manner as to injure the improvement as little as possible and
shall reconstruct those portions removed or injured by them so
that the street is left in as good a condition as it was prior
to commencing the laying or relaying of tracks or rails.
(d) Railway or street railway companies as used in this
section include the owner or owners of any railway or street
railway whether persons or corporations.