12-1633.Railways and street railways; crossings; construction of
viaducts or tunnels; regulation of speed; appraisement and payment of
damages; liens; actions;
penalties.
The governing body of cities of the first and second class shall have
the power to regulate the crossings of railway and street-railway tracks
and provide precautions and adopt ordinances
regulating the same; to
regulate the running of street railways or cars and to adopt ordinances
relating thereto and to govern the
speed thereof;
to regulate the running
of railway engines and cars, except speed, and to adopt ordinances relating
thereto;
and to make other and further provisions, rules and
regulations to prevent accidents at crossings and on tracks of railways,
and to prevent fires from engines, and to require all railway companies to
erect viaducts over or tunnels under their tracks at the crossings of
streets.
From and after the effective date of this act,
that part or parts of
any rule, regulation or ordinance adopted pursuant to this section
regulating the speed of railway engines and cars shall not be of any force
or effect, and that part or parts shall be and are hereby declared null and
void.
The governing body shall have power to require any railroad company or
companies owning or operating any railroad or street-railway track or
tracks upon or across any public street or streets of the city to erect,
construct, reconstruct, complete and keep in repair any viaduct or viaducts
upon or over or tunnels under such street or streets and over or under any
such track or tracks, including the approaches of such viaduct, viaducts or
tunnels as may be deemed and declared by the governing body to be necessary
for the convenience, safety or protection of the public. Whenever any such
viaduct shall be deemed and declared by ordinance to be necessary for the
convenience, safety or protection of the public, the governing body shall
provide for appraising, assessing and determining the damage, if any, which
may be caused to any property by reason of the construction of such viaduct
and its approaches. The proceedings for such purpose shall be the same as
provided by law for the purpose of ascertaining and determining damages to
property owners by reason of the change in grade of any street, except that
such damage shall be paid by such railway company or companies. The amount
of damage thus ascertained and awarded shall, upon notice by the city, be
promptly paid by the railway company or companies interested and if any
such company shall fail to pay the same within 10 days from receipt of
notice of the amount thereof, then the amount so awarded shall become a
lien in the proportion to the amount each railway company shall pay, if
more than one company is concerned, upon the right-of-way and all
property
of such railway company and the collection may be enforced by the
city in an action against such railway company or companies failing to
pay. The width, height and strength of any such viaduct or tunnel and the
approaches thereto, the material to be used, and the manner of
construction, shall be as required by the governing body.
When two or more railroad companies own or operate separate lines of
track to be crossed by any such viaduct, either upon, above or below the
grade, or where any street-railway company intersects and crosses the track
or tracks of any railroad company, the proportion thereof and of the
approaches thereto to be constructed by each, and the proportion of cost to
be borne by each, shall be determined by the governing body. It shall be
the duty of any railroad company or companies or street-railway company,
upon being required, as herein provided, to erect, construct, reconstruct
or repair any viaduct or tunnel, to proceed, within the time and in the
manner required by the governing body, to erect, construct, reconstruct or
repair the same, and it shall be a nonperson misdemeanor for any railroad
company or
companies or street-railway company to fail, neglect or refuse to perform
such duty, and upon conviction, any such company or companies or the
superintendent or other officer having charge of such railway company or
street railway in the district or division where such viaduct or tunnel is
to be erected or repaired, shall be fined $100, or
imprisoned in the county jail not less than 30 days, and each day such
companies or officers shall fail, neglect or refuse to perform such duty
shall be deemed and held a separate offense; and in addition to the penalty
herein provided any such company or companies shall be compelled by
mandamus or other appropriate proceedings to erect, construct, reconstruct,
or repair any viaduct or tunnel as may be required by ordinance as herein
provided.
The governing body shall also have power, whenever any railroad company
or companies or street-railway companies shall fail, neglect or refuse to
erect, construct or reconstruct or repair any viaduct, viaducts or tunnel,
after having been required so to do as herein provided, to proceed with the
erection, construction, reconstruction or repair of the same by contract or
in such other manner as may be provided by ordinance and assess the cost
thereof against the property of such railroad company or companies or
street-railway company, and such cost shall be a valid and subsisting lien
against such property, and also shall be a legal indebtedness of such
company or companies in favor of such city, and may be enforced and
collected by suit in any court having jurisdiction.
History: L. 1903, ch. 122, § 59; L. 1911, ch. 89, § 1; L. 1913,
ch. 106, § 1;
R.S. 1923, § 12-1633;
L. 1988, ch. 76, § 1;
L. 1998, ch. 164, § 2; July 1.
12-1633.Railways and street railways; crossings; construction of
viaducts or tunnels; regulation of speed; appraisement and payment of
damages; liens; actions;
penalties.
The governing body of cities of the first and second class shall have
the power to regulate the crossings of railway and street-railway tracks
and provide precautions and adopt ordinances
regulating the same; to
regulate the running of street railways or cars and to adopt ordinances
relating thereto and to govern the
speed thereof;
to regulate the running
of railway engines and cars, except speed, and to adopt ordinances relating
thereto;
and to make other and further provisions, rules and
regulations to prevent accidents at crossings and on tracks of railways,
and to prevent fires from engines, and to require all railway companies to
erect viaducts over or tunnels under their tracks at the crossings of
streets.
From and after the effective date of this act,
that part or parts of
any rule, regulation or ordinance adopted pursuant to this section
regulating the speed of railway engines and cars shall not be of any force
or effect, and that part or parts shall be and are hereby declared null and
void.
The governing body shall have power to require any railroad company or
companies owning or operating any railroad or street-railway track or
tracks upon or across any public street or streets of the city to erect,
construct, reconstruct, complete and keep in repair any viaduct or viaducts
upon or over or tunnels under such street or streets and over or under any
such track or tracks, including the approaches of such viaduct, viaducts or
tunnels as may be deemed and declared by the governing body to be necessary
for the convenience, safety or protection of the public. Whenever any such
viaduct shall be deemed and declared by ordinance to be necessary for the
convenience, safety or protection of the public, the governing body shall
provide for appraising, assessing and determining the damage, if any, which
may be caused to any property by reason of the construction of such viaduct
and its approaches. The proceedings for such purpose shall be the same as
provided by law for the purpose of ascertaining and determining damages to
property owners by reason of the change in grade of any street, except that
such damage shall be paid by such railway company or companies. The amount
of damage thus ascertained and awarded shall, upon notice by the city, be
promptly paid by the railway company or companies interested and if any
such company shall fail to pay the same within 10 days from receipt of
notice of the amount thereof, then the amount so awarded shall become a
lien in the proportion to the amount each railway company shall pay, if
more than one company is concerned, upon the right-of-way and all
property
of such railway company and the collection may be enforced by the
city in an action against such railway company or companies failing to
pay. The width, height and strength of any such viaduct or tunnel and the
approaches thereto, the material to be used, and the manner of
construction, shall be as required by the governing body.
When two or more railroad companies own or operate separate lines of
track to be crossed by any such viaduct, either upon, above or below the
grade, or where any street-railway company intersects and crosses the track
or tracks of any railroad company, the proportion thereof and of the
approaches thereto to be constructed by each, and the proportion of cost to
be borne by each, shall be determined by the governing body. It shall be
the duty of any railroad company or companies or street-railway company,
upon being required, as herein provided, to erect, construct, reconstruct
or repair any viaduct or tunnel, to proceed, within the time and in the
manner required by the governing body, to erect, construct, reconstruct or
repair the same, and it shall be a nonperson misdemeanor for any railroad
company or
companies or street-railway company to fail, neglect or refuse to perform
such duty, and upon conviction, any such company or companies or the
superintendent or other officer having charge of such railway company or
street railway in the district or division where such viaduct or tunnel is
to be erected or repaired, shall be fined $100, or
imprisoned in the county jail not less than 30 days, and each day such
companies or officers shall fail, neglect or refuse to perform such duty
shall be deemed and held a separate offense; and in addition to the penalty
herein provided any such company or companies shall be compelled by
mandamus or other appropriate proceedings to erect, construct, reconstruct,
or repair any viaduct or tunnel as may be required by ordinance as herein
provided.
The governing body shall also have power, whenever any railroad company
or companies or street-railway companies shall fail, neglect or refuse to
erect, construct or reconstruct or repair any viaduct, viaducts or tunnel,
after having been required so to do as herein provided, to proceed with the
erection, construction, reconstruction or repair of the same by contract or
in such other manner as may be provided by ordinance and assess the cost
thereof against the property of such railroad company or companies or
street-railway company, and such cost shall be a valid and subsisting lien
against such property, and also shall be a legal indebtedness of such
company or companies in favor of such city, and may be enforced and
collected by suit in any court having jurisdiction.
History: L. 1903, ch. 122, § 59; L. 1911, ch. 89, § 1; L. 1913,
ch. 106, § 1;
R.S. 1923, § 12-1633;
L. 1988, ch. 76, § 1;
L. 1998, ch. 164, § 2; July 1.
12-1633.Railways and street railways; crossings; construction of
viaducts or tunnels; regulation of speed; appraisement and payment of
damages; liens; actions;
penalties.
The governing body of cities of the first and second class shall have
the power to regulate the crossings of railway and street-railway tracks
and provide precautions and adopt ordinances
regulating the same; to
regulate the running of street railways or cars and to adopt ordinances
relating thereto and to govern the
speed thereof;
to regulate the running
of railway engines and cars, except speed, and to adopt ordinances relating
thereto;
and to make other and further provisions, rules and
regulations to prevent accidents at crossings and on tracks of railways,
and to prevent fires from engines, and to require all railway companies to
erect viaducts over or tunnels under their tracks at the crossings of
streets.
From and after the effective date of this act,
that part or parts of
any rule, regulation or ordinance adopted pursuant to this section
regulating the speed of railway engines and cars shall not be of any force
or effect, and that part or parts shall be and are hereby declared null and
void.
The governing body shall have power to require any railroad company or
companies owning or operating any railroad or street-railway track or
tracks upon or across any public street or streets of the city to erect,
construct, reconstruct, complete and keep in repair any viaduct or viaducts
upon or over or tunnels under such street or streets and over or under any
such track or tracks, including the approaches of such viaduct, viaducts or
tunnels as may be deemed and declared by the governing body to be necessary
for the convenience, safety or protection of the public. Whenever any such
viaduct shall be deemed and declared by ordinance to be necessary for the
convenience, safety or protection of the public, the governing body shall
provide for appraising, assessing and determining the damage, if any, which
may be caused to any property by reason of the construction of such viaduct
and its approaches. The proceedings for such purpose shall be the same as
provided by law for the purpose of ascertaining and determining damages to
property owners by reason of the change in grade of any street, except that
such damage shall be paid by such railway company or companies. The amount
of damage thus ascertained and awarded shall, upon notice by the city, be
promptly paid by the railway company or companies interested and if any
such company shall fail to pay the same within 10 days from receipt of
notice of the amount thereof, then the amount so awarded shall become a
lien in the proportion to the amount each railway company shall pay, if
more than one company is concerned, upon the right-of-way and all
property
of such railway company and the collection may be enforced by the
city in an action against such railway company or companies failing to
pay. The width, height and strength of any such viaduct or tunnel and the
approaches thereto, the material to be used, and the manner of
construction, shall be as required by the governing body.
When two or more railroad companies own or operate separate lines of
track to be crossed by any such viaduct, either upon, above or below the
grade, or where any street-railway company intersects and crosses the track
or tracks of any railroad company, the proportion thereof and of the
approaches thereto to be constructed by each, and the proportion of cost to
be borne by each, shall be determined by the governing body. It shall be
the duty of any railroad company or companies or street-railway company,
upon being required, as herein provided, to erect, construct, reconstruct
or repair any viaduct or tunnel, to proceed, within the time and in the
manner required by the governing body, to erect, construct, reconstruct or
repair the same, and it shall be a nonperson misdemeanor for any railroad
company or
companies or street-railway company to fail, neglect or refuse to perform
such duty, and upon conviction, any such company or companies or the
superintendent or other officer having charge of such railway company or
street railway in the district or division where such viaduct or tunnel is
to be erected or repaired, shall be fined $100, or
imprisoned in the county jail not less than 30 days, and each day such
companies or officers shall fail, neglect or refuse to perform such duty
shall be deemed and held a separate offense; and in addition to the penalty
herein provided any such company or companies shall be compelled by
mandamus or other appropriate proceedings to erect, construct, reconstruct,
or repair any viaduct or tunnel as may be required by ordinance as herein
provided.
The governing body shall also have power, whenever any railroad company
or companies or street-railway companies shall fail, neglect or refuse to
erect, construct or reconstruct or repair any viaduct, viaducts or tunnel,
after having been required so to do as herein provided, to proceed with the
erection, construction, reconstruction or repair of the same by contract or
in such other manner as may be provided by ordinance and assess the cost
thereof against the property of such railroad company or companies or
street-railway company, and such cost shall be a valid and subsisting lien
against such property, and also shall be a legal indebtedness of such
company or companies in favor of such city, and may be enforced and
collected by suit in any court having jurisdiction.
History: L. 1903, ch. 122, § 59; L. 1911, ch. 89, § 1; L. 1913,
ch. 106, § 1;
R.S. 1923, § 12-1633;
L. 1988, ch. 76, § 1;
L. 1998, ch. 164, § 2; July 1.