Article 19.--GENERAL POWERS OF BOARD OF COMMISSIONERS
13-1903.Viaducts over or tunnels under streets; proceeding to require
railroads to construct; costs; penalty for violation.
The board of commissioners 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 over or tunnels under such street or streets and over or under any
such track or tracks, including the approaches of such viaduct or viaducts,
as may be deemed and declared by the board of commissioners necessary for
the safety and protection of the public. Whenever any such viaduct shall be
deemed and declared by ordinance necessary for the safety and protection of
the public, the board of commissioners 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 determining damages to property owners by reason of the
change in grade of a street, and such damage shall be paid by said railway
companies. The width, height and strength of any such viaduct, and the
approaches thereto, the material therefor and the manner of construction
thereof, shall be as required by the board of commissioners. When two or
more railroad companies own or operate separate lines of track to be
crossed by any such viaduct, or where any street-railway company intersects
and crosses the track or tracks of any railroad company, the proportion
thereof, and the approaches thereto, to be constructed by each, or the cost
to be borne by each, shall be determined by the board of commissioners.
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, to proceed within the time
and in the manner required by the board of commissioners to erect,
construct, 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 shall be fined one hundred dollars, and each day any
such company or companies shall fail, neglect or refuse to perform such
duty shall be deemed and held to be a separate and distinct 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 as may be required by
ordinance as herein provided.
The board of commissioners shall also have power, whenever any railroad
company or companies or street-railway company shall fail, neglect or
refuse to erect, construct, reconstruct or repair any viaduct or viaducts,
after having been required so to do as herein provided, to proceed with the
erection, construction, reconstruction or repair of such viaduct or
viaducts by contract, or in such other manner as may be provided by
ordinance, and assess the costs 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 shall also
be 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.
Article 19.--GENERAL POWERS OF BOARD OF COMMISSIONERS
13-1903.Viaducts over or tunnels under streets; proceeding to require
railroads to construct; costs; penalty for violation.
The board of commissioners 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 over or tunnels under such street or streets and over or under any
such track or tracks, including the approaches of such viaduct or viaducts,
as may be deemed and declared by the board of commissioners necessary for
the safety and protection of the public. Whenever any such viaduct shall be
deemed and declared by ordinance necessary for the safety and protection of
the public, the board of commissioners 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 determining damages to property owners by reason of the
change in grade of a street, and such damage shall be paid by said railway
companies. The width, height and strength of any such viaduct, and the
approaches thereto, the material therefor and the manner of construction
thereof, shall be as required by the board of commissioners. When two or
more railroad companies own or operate separate lines of track to be
crossed by any such viaduct, or where any street-railway company intersects
and crosses the track or tracks of any railroad company, the proportion
thereof, and the approaches thereto, to be constructed by each, or the cost
to be borne by each, shall be determined by the board of commissioners.
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, to proceed within the time
and in the manner required by the board of commissioners to erect,
construct, 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 shall be fined one hundred dollars, and each day any
such company or companies shall fail, neglect or refuse to perform such
duty shall be deemed and held to be a separate and distinct 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 as may be required by
ordinance as herein provided.
The board of commissioners shall also have power, whenever any railroad
company or companies or street-railway company shall fail, neglect or
refuse to erect, construct, reconstruct or repair any viaduct or viaducts,
after having been required so to do as herein provided, to proceed with the
erection, construction, reconstruction or repair of such viaduct or
viaducts by contract, or in such other manner as may be provided by
ordinance, and assess the costs 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 shall also
be 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.
Article 19.--GENERAL POWERS OF BOARD OF COMMISSIONERS
13-1903.Viaducts over or tunnels under streets; proceeding to require
railroads to construct; costs; penalty for violation.
The board of commissioners 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 over or tunnels under such street or streets and over or under any
such track or tracks, including the approaches of such viaduct or viaducts,
as may be deemed and declared by the board of commissioners necessary for
the safety and protection of the public. Whenever any such viaduct shall be
deemed and declared by ordinance necessary for the safety and protection of
the public, the board of commissioners 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 determining damages to property owners by reason of the
change in grade of a street, and such damage shall be paid by said railway
companies. The width, height and strength of any such viaduct, and the
approaches thereto, the material therefor and the manner of construction
thereof, shall be as required by the board of commissioners. When two or
more railroad companies own or operate separate lines of track to be
crossed by any such viaduct, or where any street-railway company intersects
and crosses the track or tracks of any railroad company, the proportion
thereof, and the approaches thereto, to be constructed by each, or the cost
to be borne by each, shall be determined by the board of commissioners.
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, to proceed within the time
and in the manner required by the board of commissioners to erect,
construct, 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 shall be fined one hundred dollars, and each day any
such company or companies shall fail, neglect or refuse to perform such
duty shall be deemed and held to be a separate and distinct 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 as may be required by
ordinance as herein provided.
The board of commissioners shall also have power, whenever any railroad
company or companies or street-railway company shall fail, neglect or
refuse to erect, construct, reconstruct or repair any viaduct or viaducts,
after having been required so to do as herein provided, to proceed with the
erection, construction, reconstruction or repair of such viaduct or
viaducts by contract, or in such other manner as may be provided by
ordinance, and assess the costs 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 shall also
be 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.