1Repealing the act of March 26, 1903 (P.L.71, No.71), entitled
2"An Act relating to the location, construction and
3maintenance of viaducts and bridges in cities and adjacent
4territory; empowering the several cities of this Commonwealth
5to construct, or have constructed, bridges or viaducts over
6rivers, creeks, streams, railroads and private lands, or over
7and across any of them, for public highways, and to procure
8locations therefor by purchase or condemnation proceedings,
9whether the same be wholly within, or partly within and
10partly without, the city limits; authorizing said cities to
11unite and enter into a contract or contracts with the county
12commissioners of the proper county, and with railroad, street
13railway, and other companies and parties interested, or with
14any of them, for the erection, construction and maintenance
15of said viaducts and bridges, and for the payment of the
16damages caused by their location and erection; and forbidding
17any railroad company to pass under any such viaduct or
18bridge, without contributing to the cost of maintenance
19thereof."

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. The act of March 26, 1903 (P.L.71, No.71),
23entitled "An act relating to the location, construction and
24maintenance of viaducts and bridges in cities and adjacent
25territory; empowering the several cities of this Commonwealth to
26construct, or have constructed, bridges or viaducts over rivers,

1creeks, streams, railroads and private lands, or over and across
2any of them, for public highways, and to procure locations
3therefor by purchase or condemnation proceedings, whether the
4same be wholly within, or partly within and partly without, the
5city limits; authorizing said cities to unite and enter into a
6contract or contracts with the county commissioners of the
7proper county, and with railroad, street railway, and other
8companies and parties interested, or with any of them, for the
9erection, construction and maintenance of said viaducts and
10bridges, and for the payment of the damages caused by their
11location and erection; and forbidding any railroad company to
12pass under any such viaduct or bridge, without contributing to
13the cost of maintenance thereof," repealed in part June 23, 1931
14(P.L.932, No.317), is repealed:

15[AN ACT

16Relating to the location, construction and maintenance of
17viaducts and bridges in cities and adjacent territory;
18empowering the several cities of this Commonwealth to
19construct, or have constructed, bridges or viaducts over
20rivers, creeks, streams, railroads and private lands, or over
21and across any of them, for public highways, and to procure
22locations therefor by purchase or condemnation proceedings,
23whether the same be wholly within, or partly within and
24partly without, the city limits; authorizing said cities to
25unite and enter into a contract or contracts with the county
26commissioners of the proper county, and with railroad, street
27railway, and other companies and parties interested, or with
28any of them, for the erection, construction and maintenance
29of said viaducts and bridges, and for the payment of the
30damages caused by their location and erection; and forbidding

1any railroad company to pass under any such viaduct or
2bridge, without contributing to the cost of maintenance
3thereof.

4Section 1. Be it enacted, &c., That the several cities of
5this Commonwealth are hereby authorized to locate and build
6viaducts or bridges, to be used as public highways, over rivers,
7creeks, streams, railroads and private property, or over and
8across any of them, whether the said viaducts or bridges be
9wholly within, or partly without and partly within, the city
10limits, for the purpose of uniting two or more different streets
11or highways, or separate parts of the same highway or extension
12thereof.

13Section 2. The said cities shall have the right to enact
14ordinances, providing for the laying-out and opening of the
15routes or locations for said viaducts and bridges, which shall
16be public highways; and the proceedings for the said laying-out
17and fixing the locations, and for the opening thereof, shall be
18the same as is provided by law in the laying-out and opening of
19streets in said cities, except that no petition of property
20owners shall be required therefor.

21Section 3. In case the said respective city has not agreed
22with the owner or owners for the damages done, or likely to be
23done, by the erection of said viaduct or bridge, it shall be
24lawful for the said city to take and appropriate the lands and
25property necessary, over and across which to erect said bridge
26or viaduct, and the damages and benefits caused by said taking
27and appropriation shall be assessed by three freeholders, as
28viewers, appointed by the court of common pleas, in the same
29manner and with like proceedings as is now, or shall hereafter
30be, provided by law in the opening of public streets.]

1Section 4. The said city shall also have the power to enter
2into and unite in a contract or in contracts with the county
3commissioners of the proper county, where said viaduct or bridge
4will cross a river, creek or stream, or other place, over which
5the county is authorized by law to build bridges; and also with
6railroad, street railway, and other companies and parties
7interested, or with any or all of them, for the building,
8constructing and maintenance of said viaduct or bridge, or for
9certain parts or portions thereof, and for the payment of any
10damages caused by the location and the said erection.

11Section 5. The said county commissioners may contract,
12subject to the approval of the court of quarter sessions of the
13proper county, for that part or portion of the viaduct or bridge
14which crosses any river, creek, stream, or other place, over
15which the county is by law authorized to build bridges,
16including the abutments and piers thereof, and such part shall
17thereafter be maintained as a county bridge; or they may
18contract for such part or portion of the whole structure as is
19equal to the part or portion of the viaduct or bridge over the
20respective river, creek, stream, or other place, as aforesaid:
21Provided, however, That the said county commissioners may
22contract to pay an amount of money greater than that which is
23hereinabove provided for, toward the construction of said work,
24but the amount of the said additional moneys, over and above the
25amount necessary to build the viaduct across the respective
26river, stream, creek, or other place, shall be first approved by
27the court aforesaid.

28Section 6. The contracts herein provided for may stipulate
29that the respective city, county, railroad company, street
30railway or other company, or parties interested, or any of them,

1shall pay a certain part or portion of the whole contract price
2or cost of the work, including damages; or may stipulate that
3each shall construct, or pay for the construction of, a certain
4part or portion of the work, and may otherwise provide for the
5payment of the damages. When any railroad company, street
6railway or other company, or other parties interested, agree to
7pay a certain part or portion of the cost of the entire work,
8they shall pay such part or portion into the proper city
9treasury; and upon said payment, the city treasurer shall be
10liable therefor, and he shall pay the same over to the
11contractor, as may be provided by the said contract; but the
12amount to be paid by the respective county shall be paid
13directly to the contractor, as may be provided by the said
14contract. The said agreements may also provide for the
15maintenance of the said viaducts and bridges, after their
16erection. All contracts provided for by this act shall be
17binding upon the parties thereto, their lessees, successors,
18heirs and assigns.

19Section 7. Before any railroad, which has not contributed to
20the payment of the cost of construction of said viaduct or
21bridge, shall be permitted to run its line or lines of tracks
22under said bridge or viaduct, it shall enter into a contract
23with the said city to thereafter pay a reasonable amount, part
24or portion toward the keeping-up and maintaining of the said
25structure, which amount shall be at the same rate, on the same
26basis, as is paid by the other railroad companies.]

27Section 8. Whenever the city, county commissioners, and the
28said railroad, street railway and other companies, and others
29interested, or any of them, have entered into a contract or
30contracts for the construction of said bridge or viaduct, as is

1hereinbefore provided, it shall be lawful for the said city and
2the said county commissioners to have prepared plans or
3specifications of the entire work, and thereafter to advertise
4for bids, and to award the contract to the lowest responsible
5bidder. The contract for the said work shall provide that the
6county shall pay for its certain part of said bridge or viaduct,
7and the city shall contract for the other part of the said work;
8but the said contract, as to the city's part thereof, shall be
9based upon the appropriation made by the city for the part of
10the work for which it had agreed to pay, and the remaining part
11of the contract price shall be based upon the amounts the other
12parties have agreed to pay; and the contractor shall have a
13right of action against each party uniting in said contract, for
14the part thereof agreed to be paid by each party, respectively,
15as set forth in the contract or contracts in which all the
16parties unite, as aforesaid.

17Section 9. In case the county commissioners do not unite in
18any such contract as is hereinbefore provided for, or in case
19said viaduct does not cross any river, creek, stream, or place,
20over which the county is authorized to build bridges, it shall
21be lawful for the said city to contract for the construction of
22the viaduct, as aforesaid, and to pay for the entire work; or to
23contract with all, or any other, of the aforesaid parties, in
24manner aforesaid, in which case the plans and specifications for
25the said work shall be prepared by the city, and advertisement
26shall be made for bids, and the contract let, in the manner
27hereinbefore provided. The contract for the work shall be based
28upon the city's appropriation, and upon the amounts agreed to be
29paid by the other parties, as provided in the preceding section.

30Section 10. Any of the contracts hereinabove provided for

1may be recorded in the recorder's office of the proper county,
2in which the respective city is situate, and such record shall
3be notice to all persons who might be affected thereby.]

4Section 2. This act shall take effect in 60 days.