§ 6-212. Duty of railroads.

Any (street or steam) railroad now having or which may hereafter have tracks running through the streets, avenues, lanes or alleys of said City or other public places, shall be required by said Mayor and Aldermen to pave, macadamize and drain the width of its track and two (2) feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company, under such rules, plans and specifications as said Mayor and Aldermen shall specify. And if such railroad company shall fail or refuse to comply with the order of said Mayor and Aldermen to make such improvements by paving, macadamizing and draining the same after receiving thirty (30) days' notice to do said work, such work may be done by said Mayor and Aldermen at the cost and expense of such railroad company and such cost and expense shall be charged against such railroad company, and the Mayor and Aldermen of the City of Savannah shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company which may be enforced against such property as hereinafter provided for the enforcement of other liens for paving. As the Mayor and Aldermen of the City of Savannah have no charter power to require railroad companies to elevate their tracks so as to give use to streets under their tracks, it is enacted, ordained and declared that the ordinance adopted April 11, 1918, touching the elevation of railroad tracks within the limits of the City of Savannah and for other purposes, is ultra vires null and void, and to remedy this defect it is enacted that the Mayor and Aldermen of the City of Savannah may by agreement with railroad companies, or rail and street railroad companies as to a reasonable share of the cost to be divided between the city and such companies, require and cause such subways and elevations to be erected as may be necessary for the welfare and convenience of the inhabitants of the City of Savannah. Whenever the right-of-way of any (electric or steam) railroad in the City of Savannah containing tracks thereon shall extend on either side of a public street, lane or public highway, or repairing or renewing any pavement already thereon under any paving law or ordinance pertaining to the City of Savannah, as if such right-of-way and track or tracks were in the middle of the street, and such (electric or steam) railroad shall be required to pave, drain and improve the said right-of-way between its tracks and also the full width on either side thereon under the terms of such existing paving laws, and the property of other property owners abutting on said paving laws as abutting on such street, lane or public highways [sic].

(1919 Ga. Laws, page 1294, § 11; 1920 Ga. Laws, page 1483, § 5)

Editor's note

The words "street, electric or steam" as related to railroads are now archaic.