327G.15 Railway and highway crossing at grade.
1. Wherever a railway track crosses or shall hereafter cross a highway, street or alley, the railway corporation owning such track and the department, in the case of primary highways, the board of supervisors of the county in which such crossing is located, in the case of secondary roads, or the council of the city, in the case of streets and alleys located within a city, may agree upon the location, manner, vacation, physical structure, characteristics and maintenance of the crossing and flasher lights or gate arm signals at the crossing and allocation of costs thereof. The department shall become a party to the agreement if grade crossing safety funds are to be used. Up to seventy-five percent of the maintenance cost of flasher lights or gate arm signals at the crossing and an unlimited portion of the cost of installing flasher lights or gate arm signals at the crossing may be paid from the grade crossing safety fund.
2. Notwithstanding other provisions of this section, maintenance of flasher lights or gate signals installed or ordered to be installed before July 1, 1973, shall be assumed wholly by the railroad corporation.
3. a. Payments from the grade crossing safety fund shall be made by the treasurer of state upon certification by the department that the terms of the agreement have been followed.
b. The department shall promulgate rules according to chapter 17A for processing claims to the grade crossing safety funds.
4. The provisions of this section shall not apply to the repair of the grade crossing surface.
[R60, §1321, 1322
; C73, §1262, 1263
; C97, §2017, 2018
; §SS15, §2017
; C24, 27, 31, 35, 39, §8020, 8024, 8025; C46, §478.21, 478.25, 478.26
; C50, 54, 58, 62, 66, 71, 73, 75, §478.21
; C77, 79, 81, §327G.15]
2010 Acts, ch 1061, §180
Referred to in §327G.16, 331.362
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