All railway companies operating within the corporate limits of the city are hereby required to keep the streets and alleys over which they run properly drained and to light the same whenever directed by resolution of the governing body of the city, to construct and keep in repair to their full width in a safe and smooth condition all crossings over all streets and alleys and to construct and maintain drains and culverts where crossed by any line of railways on all streets and alleys over which they run, to conform their tracks to the grade of the streets and alleys over which they run so as to make the top of the rails level with the grade of the street or alley established by the city.
(K.S.A. 12-1622, 13-1904; Code 1975, 20-801)
Every railway company which has heretofore or shall hereafter construct a railway track or tracks across or along any street or alley within the city shall pave between the rails or the tracks and between the tracks and to a distance of 18 inches outside of the outer most rail on each side of the tracks with the same kind and quality of material with which such street or alley is paved or without such other suitable material as may be approved by the city engineer and keep the same in repair in the condition and at the grade required in section 20-801 of this article, and in the event of the removal of a rail or track, shall fill, repair and repave the excavation or other damage caused thereby with same equality of material and same manner of construction as the street or alley from which removal is had.
(K.S.A 12-1633, 13-1904; Code 1975, 20-802)
Each of the railway companies referred to in the preceding sections shall pay the cost of grading, paving, repaving, draining and repair of that portion of the streets and alleys deemed used or occupied by each of such railway companies as described in section 20-802 of this article, and any railway company occupying any street or alley already occupied by another railway company, in addition to applying for such paving or repaving shall pay one-half of the cost of paving or repaving between the tracks of the two railway companies.
(K.S.A. 12-1633, 13-1904; Code 1975, 20-803)
In the event any street or alley crossing by the tracks of any railway company within the city shall become defective so that it is dangerous or hazardous to the traveling public, or so impedes vehicular traffic as to cause obstruction or slowing of such traffic to the detriment of public welfare and safety and such railway company shall fail and neglect or refuse to lay, relay, construct or reconstruct or repair its railway track or tracks or crossings to correct such defect within 90 days after notice in writing so to do has been served upon an agent of such railway company, the city may make the necessary construction and repair of the track, tracks or crossing and the cost and expense of the same shall be a lien upon the property of such railway company in the same manner as other taxes are assessed, levied and collected. The notice of repairs, or reconstruction shall be ordered by the governing body, signed by the mayor, attested by the city clerk and the city’s seal affixed thereto and served by any police officer of the city or by certified mail with return receipt requested.
(K.S.A. 12-1633, 13-1904; Code 1975, 20-804)