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[House Roll No. 459.]
AN ACT to amend an act entitled "An act to incorporate cities of the first class and regulating their duties, powers, government and remedies," approved March 29, 1889, as amended by Chapter Eight (8) of the laws of 1891, and to provide for the construction of viaducts, and the payment of the cost thereof, and the assessment of damages to property damaged for public purposes in such cities, and to repeal subdivision III of section 67 of said act, and sections one to seven inclusive, of chapter twelve (12) of the laws of 1885.
Be it Enacted by the Legislature of the State of
Amending sub- SECTION 1. That sub-division III of section
div. 3, sec. 67,
chap.13, Comp. sixty-seven of said act, approved March 29th, 1889, be amended to read as follows:
Subdiv. 3, sec. 2549, Consol. Stats., 1891. Cities of firstclass of over
grading and re
ing bridges, culverts and sewers.
"Section 67, III. Streets, grades, and repairs. To provide for the grading and repairing of any pairing; repair-street, avenue or alley, and the construction, renewal and repair of bridges, culverts, viaducts and sewers, and shall defray the cost thereof out of the proper fund of the city; but no street shall be graded unless the same be ordered done by the affirmative vote of two-thirds of the council.
structing, repairing, etc.
The mayor and council may by ordinance provide for the construction, renewal, alteration or repair of any viaduct or viaducts with suitable approaches over any railroad track or tracks across or upon any street or avenue of said city which they may deem necessary for the safety and protection of the public, and the location, dimensions and material of the same, and the same shall be constructed under and pursuant to the provisions
of this act governing public improvements so far as such provisions may be applicable hereto. The Damages to mayor and council shall provide for appraising and determining the damages, if any, which may be caused to any property by reason of the construction, repair, alteration or renewal of such viaduct approaches, and the proceeding for such purpose shall be the same as provided herein for the purpose of determining damages to property by reason of change of grade, and such damages shall be deemed a part of the cost of such viaduct or viaducts and paid as part of such cost.
The cost of construction, alteration, renewal or Cost of repair of any viaduct and its approaches, with the damages aforesaid shall after the completion of said improvement be by the mayor and council levied and assessed upon the railroad companies owning or using said tracks in proportion to the length of viaduct made necessary by the tracks of each company as determined by the city engineer to the satisfaction of the council. Notice of the time of holding the meeting therefor shall be published once in some newspaper in general circulation in said city at least two weeks prior thereto. When-Joint use of ever two or more railroad companies own or use any track or tracks jointly, the cost as between such companies shall by apportioned in such manner as the mayor and council may in their discretion determine; but any railroad company making exclusive use of any track or tracks may for the purposes of this section be deemed the exclusive owner or such tracks. The amounts of such several levies and assessments shall from the time of such levy be a lien upon all the property of the
Viaduct bonds, taxes to pay;
railroad company against which the same are assessed, both real and personal. The amounts of. the several levies as made shall be by the clerk certified to the treasurer, and become due and delinquent on and after the first day of the next succeeding calendar month after such levy, and shall bear interest and be collected in the same manner as other taxes. No irregularity or informality in any of the proceedings taken pursuant to this section shall in any way avoid the levy and assessment of such taxes, and the mayor and council shall at any time have power by supplemental levy and assessment to correct any errors or supply any deficiencies in case of the failure or invalidity of any previous levy or part thereof.
To provide funds to pay the cost of any viaduct as aforesaid, the mayor and council shall have power, by ordinance, to issue bonds of the city to be called "Viaduct Bonds or Viaduct No. an amount not exceeding the estimated cost thereof, payable at the option of the city at any time, and not more than five years from date, to bear interest, payable annually, not exceeding the rate of six per cent per annum, with interest coupons attached, and in such case, the mayor and council shall also provide
that the tax thereafter to be levied and assessed as herein provided shall be a special fund for the payment of said bonds and interest; and if the tax levied on and collected from any railroads companies as aforesaid shall be insufficient to pay said bonds and interest in full, the deficiency shall be paid from the general fund of the city; Provided, That no such bonds shall be issued until the same have been authorized by a majority of the electors
voting at any election on the question of issuing such bonds;
ducts by rail
Provided, however, That if the railroad compa- repair of vianies owning or using the track or tracks to be road compacrossed by any viaduct to be constructed, altered, renewed or repaired as herein provided shall, prior to the voting of any bonds as aforesaid, and the letting of any contract by the city, for the construction, repair, renewal, or alteration of any viaduct, execute and deliver to the city clerk a good and sufficient bond to the city as obligee with sureties approved by the mayor in a penal sum. not less than the estimated cost of the proposed viaduct, conditioned that said railroad companies shall con`struct, renew, alter or repair said viaduct and approaches within such time as the council may determine according to the plans and specifications furnished by the city, and under the supervision and regulation, and to the satisfaction of the board of public works and the mayor and council, and to hold the city harmless of all damages by reason of the construction of the same, that then said railroad companies may construct said viaduct, as condi-. tioned in said bond, but at their own cost and expense; Provided further, That if at any time it appears to the council that said railroad companies neglect or refuse to fulfill the conditions of such bond, that the city may proceed to construct, alter, renew or repair said viaduct and levy and assess the cost thereof in accordance with the provisions of this section, and such action shall be cumulative to any remedy which the city may have by reason of the breach of the conditions of said bond; Provided further, That said viaduct and the streets public
Street railways on viaducts.
street upon which the same may be, shall be and remain public property in the same manner as other streets of the city, and nothing herein shall be construed in any way to prevent or interfere with the right of the mayor and council and officers of the city to exercise such powers and authority over such viaducts and streets as may be vested in them by law over the property of the city.
The mayor and council shall have power by ordinance to determine the terms and conditions upon which any street railway company may lay tracks and operate its road on and over any viaduct, and any revenue derived from such use shall constitute a special fund for the payment of repairs to said viaduct, which repairs may be made in the same manner as repairs on streets and public buildings and improvements.
SEC. 2. That the following shall be inserted in said act as a part thereof, and be known as section sixty-eight (68):
Whenever it shall
Sec. 68. be necessary for any of the purposes authorized by this act to appropriate or damage private property, the mayor with the approval of the council shall appoint a commission composed of three disinterested resident freeholders of said city to assess the damages caused to said property. Said commissioners shall take an oath impartially and truly to perform the duties hereby imposed upon them, and file the same with the clerk, and thereupon shall forthwith view the property to be taken or damaged and assess the amount of damages caused to each lot or tract, taking into consideration the benefits thereto, if any, and make a report of their