13-1904.   Control and regulation of railroads on streets.The board of commissioners shall have power by ordinance to require allstreet and other railway companies to keep the streets and alleys overwhich they run properly drained, and to light the same wherever deemednecessary, and to require all street and other railway companies toconstruct and keep in repair, to their full width, all viaducts, and allcrossings over all ditches used by them, and to construct and maintaindrains and culverts where crossed by any line of said railways on allstreets and alleys over which they run, to direct and control the layingand construction of railway tracks, turnouts, and switches, and to regulatethe grade of the same, and to require them to conform to the grade of thestreets and alleys of said city as they may be hereafter or are nowestablished; and the cost of such improvements shall be a lien upon theproperty and franchises of any such company, and may be assessed and taxedagainst the property in the same manner as other taxes are levied. Saidboard shall have power by ordinance to require any railroad company orstreet-railway company to pay the cost of grading, paving, repaving,draining and repairing of streets and alleys used or occupied by suchrailroad or railway company, and such cost shall be a lien upon theproperty and franchises of the company, and shall be assessed and taxedagainst the same like other taxes.

      The portion of the street or alley so used or occupied by such railwaycompanies shall be deemed to be the space between their tracks and eighteeninches on the outside of each of their rails, and all the space between twoor more tracks, turnouts, and switches. Any railroad company orstreet-railway company occupying any street or alley already occupied byany other such company, in addition to paying for paving or repaving asprovided for in the next preceding paragraph, shall pay one-half the costof paving or repaving between the tracks of said two roads.

      History:   L. 1907, ch. 114, § 74; May 27; R.S. 1923, § 13-1904.