389.630. Railroad failing to pave, city to proceed, how. - Missouri Statutes

Railroad failing to pave, city to proceed, how.

389.630. If any such railroad corporation fail, neglect orrefuse to grade, construct, reconstruct, pave, gutter, curb, orotherwise improve or repair any such street, alley, avenue,public highway or sidewalk, or part or parts thereof, as providedin the foregoing section, the city, town or village ordering anysuch work to be done, or the authorities thereof having legalcontrol or charge of said street, alley, avenue, public highwayor sidewalk therein, shall notify such railroad corporation tograde, construct, reconstruct, pave, gutter, curb or otherwiseimprove or repair the part or parts of any such street, alley,avenue, public highway, or sidewalk in accordance with the termsof the ordinance requiring the same to be done, which noticeshall be in writing and shall be served by delivering a copy ofthe same to the station agent of said railroad corporationnearest to the street, alley, avenue, public highway or sidewalkover or upon which said railroad crosses, abuts or adjoins. Uponthe service of such notice, if such railroad corporation fail,neglect or refuse to grade, construct, reconstruct, pave, gutter,curb or otherwise improve or repair any such street, alley,avenue, public highway or sidewalk, as above provided, withinthirty days from the service of said notice, said city, town orvillage, or the authorities thereof having in charge the streets,alleys, avenues, public highways or sidewalks therein, mayproceed to grade, construct, reconstruct, pave, gutter, curb orotherwise improve or repair said street, alley, avenue, publichighway or sidewalk, as in said ordinance required, and shall beentitled to recover double the amount expended, together with allcosts, in the name of the city, town or village, or othercompetent authority, at whose expense the work was done, in anycourt of competent jurisdiction, from such railroad corporationso failing, neglecting or refusing to perform the same.

(RSMo 1939 § 5216)

Prior revisions: 1929 § 4759; 1919 § 9946; 1909 § 3143