18-619.

Inability to reach agreement; complaint; service; railroad company; duties.

If no agreement can be reached between a city or village and a railroad company or companies for construction or the division of the costs thereof as provided in section 18-618, the city or village shall file a complaint by the city attorney or village attorney with the city clerk or village clerk on behalf of such city or village. The complaint shall allege therein (1) the passage of the resolution referred to in section 18-617, (2) the location of the proposed viaduct or subway, (3) any facts which may show or tend to show why the proposed improvement is necessary for the public safety, convenience, and welfare, and (4) that the city or village and the railroad company or companies are unable to agree as to the construction or the division of the cost thereof and ask the governing body to make an order relative to such construction and apportioning the cost thereof between the railroad company or companies and the city or village. A copy of such complaint shall be served upon the railroad company or companies affected. Thereafter, within a reasonable time to be fixed by the governing body, such railroad company or companies shall file with the city clerk or village clerk plans and specifications for such viaduct or subway requested in such complaint, together with an estimate by such railroad or railroads of the cost of construction and maintenance thereof.