Sec. 21-3. Drainage.

 

(a) It shall be the duty of any railroad company, owning, maintaining or operating a railroad through the city to construct and keep in repair, ditches, drains and culverts along and under their railroad tracks at all places, within the city where the same may be necessary for the escape of water and the proper drainage of the territory on either side of the railroad.

 

(b) When any such ditches, drains or culverts shall be necessary for the escape of water and the proper drainage of the territory on either side of any railroad track, the council may by resolution call upon the proper railroad company to construct or repair the ditch, drain or culvert and place the same in a proper condition for the escape of water or the proper drainage of the territory on either side of the railroad track. A copy of every such resolution shall be served upon the local agent of the railroad company, whose duty it is to construct or keep in repair any such drain, ditch or culvert, and for a failure or refusal to comply with such resolution within fourteen (14) days after the service thereof, such railroad company shall be deemed guilty of an offense.

 

Source:  Code 1962, 9-6-6