12-1634.Same; cities in counties over 90,000; regulation of speed; bond issue.
The governing body of all cities of the first and second class in a
county having a population of over 90,000 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 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 such tracks, including the
approaches of such viaduct, viaducts or tunnels as may be deemed and
declared by ordinance 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 thereof may be enforced by the city in an action against such
railway company or companies so failing to pay. The width, height and
strength of any such viaduct or tunnel and the approaches thereto, the
material to be used, 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 or reconstruct or
repair the same, and it shall be a 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 one hundred dollars, 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 railway 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. Or in lieu of enforcing
the collection of the costs of such improvement by a suit at law, the city
may issue internal improvement bonds of the city as provided by law to pay
for such work, and special assessments shall be levied against the property
of such railroad company or companies or street railway as above provided
to pay such bonds and interest.
History: R.S. 1923, § 12-1634;
L. 1988, ch. 76, § 2;
L. 1998, ch. 164, § 3; July 1.
12-1634.Same; cities in counties over 90,000; regulation of speed; bond issue.
The governing body of all cities of the first and second class in a
county having a population of over 90,000 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 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 such tracks, including the
approaches of such viaduct, viaducts or tunnels as may be deemed and
declared by ordinance 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 thereof may be enforced by the city in an action against such
railway company or companies so failing to pay. The width, height and
strength of any such viaduct or tunnel and the approaches thereto, the
material to be used, 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 or reconstruct or
repair the same, and it shall be a 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 one hundred dollars, 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 railway 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. Or in lieu of enforcing
the collection of the costs of such improvement by a suit at law, the city
may issue internal improvement bonds of the city as provided by law to pay
for such work, and special assessments shall be levied against the property
of such railroad company or companies or street railway as above provided
to pay such bonds and interest.
History: R.S. 1923, § 12-1634;
L. 1988, ch. 76, § 2;
L. 1998, ch. 164, § 3; July 1.
12-1634.Same; cities in counties over 90,000; regulation of speed; bond issue.
The governing body of all cities of the first and second class in a
county having a population of over 90,000 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 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 such tracks, including the
approaches of such viaduct, viaducts or tunnels as may be deemed and
declared by ordinance 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 thereof may be enforced by the city in an action against such
railway company or companies so failing to pay. The width, height and
strength of any such viaduct or tunnel and the approaches thereto, the
material to be used, 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 or reconstruct or
repair the same, and it shall be a 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 one hundred dollars, 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 railway 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. Or in lieu of enforcing
the collection of the costs of such improvement by a suit at law, the city
may issue internal improvement bonds of the city as provided by law to pay
for such work, and special assessments shall be levied against the property
of such railroad company or companies or street railway as above provided
to pay such bonds and interest.
History: R.S. 1923, § 12-1634;
L. 1988, ch. 76, § 2;
L. 1998, ch. 164, § 3; July 1.