Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 20 - PUBLIC TRANSIT SYSTEMS GENERALLY (§§ 14-333-101 — 14-335-105) › Chapter 335 - ELECTRIC AND STREET RAILROADS (§§ 14-335-101 — 14-335-105) › Section 14-335-103 - Duty to pave between rails in first-class cities

(a)
(1)
(A)
It shall be the duty of every person, firm, or corporation operating any street railway on, along, or across any street or avenue in any city of the first class in the State of Arkansas, under and by virtue of any indeterminate permit issued by the Arkansas Transportation Commission, to pave between its rails and to the end of its ties whenever the portions of the streets or avenues adjacent to the portion of the street occupied by its ties and rail shall have been paved by the city, the county, or an improvement district.
(B)
The space between the rails and to the end of the ties shall be paved by the person, firm, or corporation operating under the indeterminate permit, with the same class and character of material used by the city, county, or improvement district in paving the other portion of the street or avenue adjacent thereto.
(2)
The work shall be done by the person, firm, or corporation holding the indeterminate permit in a good and workmanlike manner. The pavement so laid by the person, firm, or corporation holding the indeterminate permit shall be maintained by the person, firm, or corporation in as good condition as the remainder of the pavement laid on the street or avenue.
(3)
(A)
In case the person, firm, or corporation operating the street railway under an indeterminate permit shall deem it advisable to use a different character of material for paving that portion of any street or avenue between its rails and to the end of its ties than that used on the remainder of the street, it may present a written petition to the city council or commission of the city asking permission to use some other character of material.
(B)
The council or commission is authorized to grant the petition either by ordinance or resolution, if, in the judgment of the commission or council, the material set forth in the petition is of equal grade and durability to that used on the balance of the street or avenue.
(b)
The tracks of any street railway and the paving provided for in subsection (a) of this section shall be laid and maintained to the grade established by the city.
(c)
The circuit court of the county in which the city is located is given jurisdiction to enforce compliance with the provisions of subsection (a) of this section by mandamus upon the complaint of the city.
(d)
(1)
(A)
Whenever the city, the county, or an improvement district shall have adopted final plans for the paving of any street or avenue occupied by railway track and shall have finally determined the material to be used, it may cause to be served upon the person, firm, or corporation operating the street railway a notice, in writing, stating the character of material to be used upon the balance of the street and directing the person, firm, or corporation to proceed with the work of paving between the rails to the end of its ties.
(B)
In case the person, firm, or corporation shall fail to start paving within thirty (30) days, or to complete paving within a reasonable time, then the city, county, or improvement district, as the case may be, may cause the tracks of the street railway to be brought to grade and may construct the pavement between the rails and to the end of the ties.
(2)
The amount expended by the city, county, or improvement district in paving the space between the rails and to the end of the ties, together with ten percent (10%) interest on the amount of the expenditure from the date thereof, may be recovered by it from the person, firm, or corporation holding an indeterminate permit in an ordinary action at law.
(3)
The remedies provided for in this subsection are cumulative and are in addition to the remedy of mandamus provided for in subsection (c) of this section.
(e)
The term "pavement" as used in this section shall include a proper foundation and all excavation, drainage, and other work necessary to properly pave the space between the rails and to the end of the ties.
(f)
The provisions of this section shall not apply to Miller County.
Acts 1923, No. 680, §§ 1-5; Pope's Dig., §§ 1208-1212; A.S.A. 1947, §§ 73-1605 -- 73-1609.