The grantee of any franchise under the terms of which the grantee is entitled to maintain
rails or tracks in, along, or across any public place for the purpose of transporting
passengers or freight thereover shall grade or regrade, pave or repave, construct
or reconstruct all that portion of the street, highway, or public place which is between
the rails as well as an area two (2) feet outside of and parallel to the rails and,
if such track is located within a distance of eighteen (18) feet or less from center
line to center line from any other track owned by such grantee, then also the portion
of the street, highway, or public place lying between such separate tracks; and shall
keep the same in good repair, flush with the street and with good crossings. Such
street work shall be done with the same kind of material as is used in the remaining
portion of the street, highway, or public place or such other materials as are approved
by the City and in a manner satisfactory to the City; provided, however, that when,
in the opinion of the City the space between the rails and tracks of the grantee and
two (2) feet on each side thereof or any portion of the same is not required for purposes
other than railway traffic, the same need not be constructed in like manner as the
remainder of the street or public place, but shall be treated in such manner as the
City may direct.
(Sec. 17, Ord. 1048-N.S.)
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