§ 50. Petition for improvement of highway where a street surface
railroad is laid. Where a street surface railroad shall be laid in any
street, highway or public place in any town, village, or in any city of
the second or third classes, which it was heretofore or shall hereafter
be determined to pave, improve, reconstruct or repair, as provided in
this chapter, the municipality may petition for such improvement as
provided in sections forty-six, forty-seven, forty-eight or forty-nine.
If such petition is approved by the department of transportation the
procedure to be followed shall be that prescribed in the sections
mentioned above and the proposals and contract for such improvement,
reconstruction or repair shall include the improvement, reconstruction
or repair of the space between the tracks of such street surface
railroad, the rails of such tracks and two feet in width outside of such
tracks, and the work of improvement, reconstruction or repair in such
space shall be done at the same time and under the same supervision as
the work of improvement, reconstruction or repair of the remainder of
such street, highway or public place. The department of transportation
may prescribe the materials to be used in paving, improving,
reconstructing or repairing such street, highway or public place within
the railroad space above described, and upon the proper completion of
the work, the department of transportation shall certify to the board of
trustees of such village, or the common council of cities of the second
or third classes, as the case may be, the cost of the pavement,
improvement, reconstruction or repair of such street, highway or public
place within such railroad space, and the entire expense of the
pavement, reconstruction or repair within such railroad space whether
heretofore or hereafter made or ordered, shall be assessed and levied
upon the property of the company owning or operating such railroad, and
shall be collected in the same manner as other expenses for local
improvements are assessed, levied and collected in such town, village or
city; and an action may also be maintained by the municipality against
the company in any court of record for the collecton of such expense and
assessment.