389.630. Railroad failing to pave, city to proceed, how.

336 words·~2 min read·/mo/chapter-389/389-630

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389.630. Railroad failing to pave, city to proceed, how. — If any 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, or part or parts thereof, as provided in the foregoing section, the city, town or village ordering any such work to be done, or the authorities thereof having legal control or charge of said street, alley, avenue, public highway or sidewalk therein, shall notify such railroad corporation to grade, construct, reconstruct, pave, gutter, curb or otherwise improve or repair the part or parts of any such street, alley, avenue, public highway, or sidewalk in accordance with the terms of the ordinance requiring the same to be done, which notice shall be in writing and shall be served by delivering a copy of the same to the station agent of said railroad corporation nearest to the street, alley, avenue, public highway or sidewalk over or upon which said railroad crosses, abuts or adjoins.

Upon the 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, within thirty days from the service of said notice, said city, town or village, or the authorities thereof having in charge the streets, alleys, avenues, public highways or sidewalks therein, may proceed to grade, construct, reconstruct, pave, gutter, curb or otherwise improve or repair said street, alley, avenue, public highway or sidewalk, as in said ordinance required, and shall be entitled to recover double the amount expended, together with all costs, in the name of the city, town or village, or other competent authority, at whose expense the work was done, in any court of competent jurisdiction, from such railroad corporation so failing, neglecting or refusing to perform the same.

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(RSMo 1939 § 5216)

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