364.9 - FLOOD CONTROL -- RAILWAY TRACKS.
364.9 FLOOD CONTROL -- RAILWAY TRACKS. A city may require a railway company to provide necessary structures, temporary and permanent, to carry its tracks during and after construction of a diverted channel for flood control purposes, subject to the following: 1. The city shall give notice to the railway company, served in the same manner as an original notice, stating: a. The nature of the flood control project. b. The place where the diverted channel will cross the company's right-of-way. c. The specifications for construction of the diverted channel across the company's right-of-way. d. Details of the city's requirement for the company to provide the necessary structures where the diverted channel crosses the right-of-way, including a designated period of time for construction, and a requirement that the construction be in a manner which does not interfere with the construction of the diverted channel or the free flow of water. 2. If the company does not comply with the requirement, the city may provide the necessary structures, and the railway is liable for the cost of the construction, in addition to its liability for assessment for special benefits as other property is assessed. The cost of the construction may be collected by the city from the company by court action.
Section History: Early Form [C24, 27, 31, 35, 39, § 6093--6095; C46, 50, 54, 58, 62, 66, 71, 73, § 395.15--395.17; C75, 77, 79, 81, § 364.9]