(1) Whenever any grading, paving, or other kind of street improvement district is created under this part 5, the governing body may include in the area to be paved, graded, or otherwise improved the entire width of street from curb to curb or any part thereof, including the portion of said street occupied by or required by franchise obligation to be paid by or chargeable or assessable to any railway company whose railroad runs through or across any street in said district, and shall charge to, assess, and collect the proper proportion of the cost of the improvement from such railway company in the same manner as is provided for in case of other property, and shall issue bonds for the same, which bonds shall be issued and made payable in like manner as bonds issued for the improvement to be assessed against the real estate specially benefited.
(2) In the meaning of this section, in the absence of a franchise obligation to grade or pave or otherwise improve, a railway company shall be held to occupy and is liable for the grading, paving, or other improvement of that part of the street lying between the rails of each track and two feet outside of each rail, and every railway company, whether street railway or otherwise, shall be assessed for the cost of such improvement of any part of any street or alley occupied by or required by franchise obligation to be so improved. The assessment levied for the cost of said improvements chargeable to a railway company shall be a perpetual tax lien against the entire franchise and property of the company, both within and without said district but within the limits of the municipality where such improvement is made, superior to all other liens except general tax liens.
(3) All the terms, conditions, and provisions in this part 5 relative to the collection of the amounts chargeable against property specially benefited shall be applicable in the enforcement and collection of such assessment against such railway company, and the property of such railway company, in case of default in payment of such assessment, shall be sold as in cases of default in payment of general taxes levied thereon; but railway trackage shall not be considered or computed as assessable frontage in determining the sufficiency of petitions.
Source: L. 75: Entire title R&RE, p. 1194, � 1, effective July 1.
Editor's note: (1) This section is similar to former � 31-25-508 as it existed prior to 1975.
(2) This section was originally numbered as � 31-25-513 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.
31-25-515. Utility connections may be ordered before paving - costs - default. Before paving in any district in pursuance of this part 5, the governing body may order the owners of the abutting property to connect their several premises with the gas or water mains or with any other utility in the street in front of their several premises. Upon default of any owner for thirty days after such order to make such connections, the municipality may contract for and make the connections at such distance, under such regulations, and in accordance with such specifications as may be prescribed by the governing body. The whole cost of each connection shall be assessed against the property with which the connection is made, and the cost shall be paid upon the completion of the work in one sum. The cost shall be assessed, shall become a lien, and shall be collected in the same manner as is provided in this part 5 for the assessment and collection of the cost of other special improvements. Upon default in the payment of any such assessment, the property shall be sold in like manner and with like effect.
Source: L. 75: Entire title R&RE, p. 1194, � 1, effective July 1.
Editor's note: (1) This section is similar to former � 31-25-536 as it existed prior to 1975.
(2) This section was originally numbered as � 31-25-514 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.