389.680. Railroad storm sewers--intersection with city sewer system.
Railroad storm sewers--intersection with city sewer system.
389.680. 1. Whenever any such village, town or city shall,by ordinance, deem it necessary to construct any public ordistrict sewer, it shall, after the passage of the ordinancedeeming such work necessary, cause its civil engineer, streetcommissioner or any other suitable person to file plans, profileand specifications for such sewer with the clerk of such village,town or city, which plans, specifications and profile shall showthe points of intersection of such sewer with such railroadright-of-way, also the grade of the bottom of such sewer, itsbreadth and depth, with a general statement of the material to beused in its construction, together with such information as willbe necessary to a correct understanding of the general plan forthe building of such sewer. Thereupon it shall cause a copy ofsuch plans, specifications and profile, together with a generalstatement sufficiently succinct and explanatory to give a correctunderstanding of the plan adopted for the building of said sewer,to be served on said person, company or corporation, togetherwith a notice directed to such person, company or corporation toconstruct the section of said sewer to extend from one side ofthe said right-of-way to the other, in accordance with such plansand specifications, and within a certain time, not less thanthirty days, and not more than three months from the date of theservice of such notice.
2. Such notice, plans and specifications shall be served onthe person, company or corporation owning or controlling saidright-of-way by the chief of police or marshal of such village,town or city, who shall deliver a copy of the notice, plans andspecifications to the nearest station agent of such person,company or corporation; and he, the said officer, shall makereturn on the original notice of the time and manner of service,and file the same with the village, town or city, as the case maybe. Such service shall be a sufficient legal service. Thereuponsuch person, company or corporation shall proceed to constructsuch section of the proposed sewer at their own expense.
3. If, after the service of such notice, plans andspecifications as herein provided, such person, company orcorporation shall fail, neglect or refuse to so construct saidsection of the proposed sewer across their right-of-way withinthe time mentioned in such notice, then for each day after theexpiration of said time that said person, company or corporationshall neglect, fail or refuse to construct or complete saidsection of such proposed sewer, they shall forfeit and pay tosuch village, town or city the sum of twenty-five dollars, to berecovered by civil action in the circuit court of the county inwhich such village, town or city is situated.
(RSMo 1939 §§ 7533, 7534)Prior revisions: 1929 §§ 7379, 7380; 1919 §§ 8787, 8788; 1909 §§ 9643, 9644