clause. SEC. 2. Whereas an emergency exists for the Emergency taking effect of this act, therefore be it enacted that this act shall take effect and be in force from and after its passage. Approved March 7th, A. D., 1885. CHAPTER 12. AN ACT to provide for viaducts, bridges and tunnels, in Be it enacted by the Legislature of the State of construction. SECTIOE 1. That the mayor and city council May aid in any city of the first class shall have power, whenever they deem any improvement, herein provided for, necessary for the safety and convenience of the public, to engage and aid in the construction of any viaduct, or bridge over, or tunnel under any railroad track or tracks, switch or switches in such cities, when such track or switches cross or occupy any street, alley or highway thereof, in the manner and to the extent hereinafter provided. precedent SEC. 2. Whenever any such viaduct, bridge Conditions or tunnel shall be deemed necessary, as provided to contract. in the preceding section, the mayor and city council shall have the power to secure and adopt plans and specifications therefor together with the estimated cost of the work, and thereupon, if the railroad company or companies across whose tracks or switches the work is proposed to be built, will assume three-fifths (3-5) of the Special assessments. entire cost thereof, and three-fifths (3-5) of all damages to abutting property on account of construction of said viaduct, bridge or tunnel, and secure to the city the payment of the necessary funds to meet it as the work progresses, in such manner and with such security as the mayor and city council shall require, and when the payment of the further sum of one-fifth (1-5) of the money required for said improvement is arranged for in manner satisfactory to said mayor and council, either by private donation or by execution of good and sufficient bond as will protect said city from the payment of said onefifth (1-5), then the said mayor and council may proceed to contract with the necessary party or parties for the construction of such viaduct, bridge or tunnel under the supervision of the board of public works of such city, and to provide for the payment of one-fifth (1-5) of the cost thereof by the city, by special tax on all taxable property in such city, and one-fifth (1-5) by special tax to property benefited, as provided in the following section, if not otherwise provided for. SEC. 3. The money necessary to pay twofifths (2-5) of the entire cost of any such viaduct, bridge or tunnel, which the city is to bear, shall be raised as follows, viz: one-fifth (1-5) of the entire cost of the work, or so much thereof as shall be covered by special benefits, shall be paid by special assessment or special taxation of real property benefited by said improvement, which benefits shall be appraised and assessed by the mayor and council upon property benefited, and according to benefits, and in such manner as said mayor and council shall direct and determine; such assessment to become due and payable within fifty days after the levy is made; and the payment of all such assessments shall be enforced in the same manner, and with like penalties for delinquencies, as are provided in the case of special assessments for the paving of streets in such city. And the remainder one-fifth (1-5) together with two-fifths (2-5) the cost of damages to abutting property, required to be paid shall be paid by said city, and shall be paid out of a special fund created and raised for the purpose of defraying the cost of such improvement, and by a tax on all the taxable property within the city; and such tax to be levied when ordered by the mayor and council, and payable at the same time as the city taxes for general city purposes. street railway. SEC. 4. The city, with the assent of the May permit railroad company or companies aiding in the construction of any such viaduct, bridge, or tunnel, as herein provided, may permit any street railway company to build its street railway track and operate its railway upon or through the same, upon such terms and conditions, and for such compensation as shall be agreed upon between the city and the street railway company. And the compensation paid for such use shall be set apart and used towards the maintenance of such viaduct, bridge or tunnel. SEC. 5. Before entering upon the construc- Appraisement tion of any work contemplated by this act, the of damages. May pass ordinances. Emergency clause. said mayor and council shall provide for assessing and appraising the damages, if any, sustained by property abutting upon such improvements, from which appraisal of damages the owner shall have the right of appeal to the district court, as now provided by law in similar cases. The proceedings for ascertaining any such damages shall be the same as provided for in case of the change of grade of streets. And said damages shall be paid by the city, as provided in sections two and three of this act. SEC. 6. The mayor and council of any such city shall have the power to pass any and all ordinances, not in conflict with this act, that may be necessary or proper for the construction, maintenance and protection of the works herein provided for. SEC. 7. There being an emergency for the taking effect of this act, the same shall take effect and be in force from and after its passage. Approved March 4th A. D. 1885. CHAPTER 13. AN ACT to amend sections eleven (11), twelve (12), fifty-three (53), fifty-eight (58), sixty-one (61), and one hundred and five (105), of an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers and government," approved March 1, 1881; also to amend section fifteen (15) of said original act above mentioned as amended by section one (1) of an act entitled: 'An act to amend section fifteen (15) of an act entitled "An act to incorporate cities of the first class and regulating their duties, powers and government," approved March 1, 1881, by creating a Board of Public Works for cities of the first class, and defining its duties and powers; also to amend section twenty-two (22), twenty-five (25), twenty-seven (27), thirty (30), thirty-two (32), thirty-seven (37), forty (40), forty-two (42), forty-three (43), forty-four (44), forty-five (45), forty-nine (49), fifty-four (54), fifty-five (55), fifty-seven (57), and sixtynine (69), of said act," approved May 23, A. D. 1882; also to amend sections twenty-two (22), and twenty-five (25), of said original act, amended respectively, by sections two (2), and three (3), of said amendatory act, approved May 23, A.D. 1882, as amended respectively by sections one (1), and two (2) of an act entitled "An act to amend sections twenty-two (22), and twenty-five (25) of an act entitled 'An act to incorporate cities of the first class, and regulating their duties, powers, and government," approved March 1, 1881, as amended by sections two (2) and three (3) respectively of an act entitled "An act to amend section fifteen (15) of an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers, and government, approved March 1, 1881, by creating a Board of Public Works for cities of the first class, and defining its duties and powers; also, to amend sections twenty-two (22), twenty-five (25), twenty-seven (27), thirty (30), thirty-two (32), thirty-seven (37), forty (40), forty-two (42), forty-three (43), forty-four (44), forty-five (45), forty-nine (49), fifty-four (54), fifty-five (55), fifty-seven (57), and sixty-nine (69), of said act," approved May 23, 1882, and to repeal the sections hereby amended.' Approved March 1, A. D. 1883; also to amend section forty-two (42) of said original act amended by section nine (9) of said amendatory act approved May 23, A. D. 1882, as amended by section one (1) of an act entitled "An act to amend sections forty-two (42), fifty-four (54), fifty-five (55), respectively, of an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers, and government," approved March 1, 1881, as amended by sections nine (9), fourteen (14), and fifteen (15), respectively, of an act entitled "An act to amend section fifteen (15), of an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers, and government,' approved March 1, 1881, by creating a Board of Public Works for cities of the first class, and defining its duties and powers; also to amend sections twenty-two (22), twenty-five (25), twenty-seven (27), thirty (30), thirty-two (32), thirty-seven (37), forty (40), forty-two (42), forty-three (43), forty-four (44), forty-five (45), forty |