When a railway occupies any portion of a street with its tracks running in the general direction of the street, either on or adjacent thereto, the railway company shall improve the space between its tracks, and two (2) feet on either side thereof, in the same manner that the remainder of the street is to be improved, or with such other material as the municipality may require. Where any railway company occupies an alley with its track or tracks, the company shall be required to improve, gutter, drain, grade or pave, chat or gravel such alley in the manner that may be required by the ordinances of the municipality. Where any railway company crosses any street that is being or has been paved, the governing body may require the railway company to pave so much of the street as may be occupied by its track or tracks and two (2) feet on each side, and when more than one track crosses the street within a distance of one hundred (100) feet, measuring from inside rail to inside rail, the railway company shall grade, gutter, drain, curb, pave, chat or gravel, or improve between its tracks in the same manner as the municipality may be improving or has improved the other portion of the street. Provided however, any municipality may, at the time of the construction of the tracks, the granting of any street railway franchise, or at the time of the publication of the resolution, waive any or all of the requirements of this section if it deems it to be in the best interests of the municipality to do so.

Laws 1977, c. 256, § 36-116, eff. July 1, 1978.