13-1903.   Viaducts over or tunnels under streets; proceeding to requirerailroads to construct; costs; penalty for violation.The board of commissioners shall have power to require any railroadcompany or companies owning or operating any railroad or street-railwaytrack or tracks upon or across any public street or streets of the city toerect, construct, reconstruct, complete and keep in repair any viaduct orviaducts over or tunnels under such street or streets and over or under anysuch track or tracks, including the approaches of such viaduct or viaducts,as may be deemed and declared by the board of commissioners necessary forthe safety and protection of the public. Whenever any such viaduct shall bedeemed and declared by ordinance necessary for the safety and protection ofthe public, the board of commissioners shall provide for appraising,assessing and determining the damage, if any, which may be caused to anyproperty by reason of the construction of such viaduct and its approaches.

      The proceedings for such purpose shall be the same as provided by lawfor the purpose of determining damages to property owners by reason of thechange in grade of a street, and such damage shall be paid by said railwaycompanies. The width, height and strength of any such viaduct, and theapproaches thereto, the material therefor and the manner of constructionthereof, shall be as required by the board of commissioners. When two ormore railroad companies own or operate separate lines of track to becrossed by any such viaduct, or where any street-railway company intersectsand crosses the track or tracks of any railroad company, the proportionthereof, and the approaches thereto, to be constructed by each, or the costto be borne by each, shall be determined by the board of commissioners.

      It shall be the duty of any railroad company or companies orstreet-railway company, upon being required, as herein provided, to erect,construct, reconstruct or repair any viaduct, to proceed within the timeand in the manner required by the board of commissioners to erect,construct, reconstruct or repair the same; and it shall be a misdemeanorfor any railroad company or companies or street-railway company to fail,neglect or refuse to perform such duty, and upon conviction any suchcompany or companies shall be fined one hundred dollars, and each day anysuch company or companies shall fail, neglect or refuse to perform suchduty shall be deemed and held to be a separate and distinct offense; and inaddition to the penalty herein provided, any such company or companiesshall be compelled by mandamus or other appropriate proceedings to erect,construct, reconstruct or repair any viaduct as may be required byordinance as herein provided.

      The board of commissioners shall also have power, whenever any railroadcompany or companies or street-railway company shall fail, neglect orrefuse to erect, construct, reconstruct or repair any viaduct or viaducts,after having been required so to do as herein provided, to proceed with theerection, construction, reconstruction or repair of such viaduct orviaducts by contract, or in such other manner as may be provided byordinance, and assess the costs thereof against the property of suchrailroad company or companies or street-railway company, and such costshall be a valid and subsisting lien against such property, and shall alsobe a legal indebtedness of said company or companies in favor of such city,and may be enforced and collected by suit in the proper court.

      History:   L. 1907, ch. 114, § 73; May 27; R.S. 1923, § 13-1903.