Regular Session 2015-2016 House Bill 1200 P.N. 2567

PRIOR PRINTER'S NO. 1575

PRINTER'S NO. 2567

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1200

Session of

2015

INTRODUCED BY TAYLOR, THOMAS, DRISCOLL, DIAMOND, PICKETT,

KINSEY, BAKER, JAMES, WATSON, COHEN, BROWNLEE, HARHART, MURT

AND PASHINSKI, MAY 13, 2015

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, NOVEMBER 23, 2015

AN ACT

Repealing AMENDING the act of March 26, 1903 (P.L.71, No.71),

entitled "An Act relating to the location, construction and

maintenance of viaducts and bridges in cities and adjacent

territory; empowering the several cities of this Commonwealth

to construct, or have constructed, bridges or viaducts over

rivers, creeks, streams, railroads and private lands, or over

and across any of them, for public highways, and to procure

locations therefor by purchase or condemnation proceedings,

whether the same be wholly within, or partly within and

partly without, the city limits; authorizing said cities to

unite and enter into a contract or contracts with the county

commissioners of the proper county, and with railroad, street

railway, and other companies and parties interested, or with

any of them, for the erection, construction and maintenance

of said viaducts and bridges, and for the payment of the

damages caused by their location and erection; and forbidding

any railroad company to pass under any such viaduct or

bridge, without contributing to the cost of maintenance

thereof." THEREOF," REPEALING PROVISIONS RELATING TO

CONTRACTS WITH RAILROADS FOR MAINTENANCE OF VIADUCTS AND

BRIDGES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The SECTION 7 OF THE act of March 26, 1903

(P.L.71, No.71), entitled "An act relating to the location,

construction and maintenance of viaducts and bridges in cities

<--

and adjacent territory; empowering the several cities of this

Commonwealth to construct, or have constructed, bridges or

viaducts over rivers, creeks, streams, railroads and private

lands, or over and across any of them, for public highways, and

to procure locations therefor by purchase or condemnation

proceedings, whether the same be wholly within, or partly within

and partly without, the city limits; authorizing said cities to

unite and enter into a contract or contracts with the county

commissioners of the proper county, and with railroad, street

railway, and other companies and parties interested, or with any

of them, for the erection, construction and maintenance of said

viaducts and bridges, and for the payment of the damages caused

by their location and erection; and forbidding any railroad

company to pass under any such viaduct or bridge, without

contributing to the cost of maintenance thereof," is repealed:

[AN ACT

Relating to the location, construction and maintenance of

viaducts and bridges in cities and adjacent territory;

empowering the several cities of this Commonwealth to

construct, or have constructed, bridges or viaducts over

rivers, creeks, streams, railroads and private lands, or over

and across any of them, for public highways, and to procure

locations therefor by purchase or condemnation proceedings,

whether the same be wholly within, or partly within and

partly without, the city limits; authorizing said cities to

unite and enter into a contract or contracts with the county

commissioners of the proper county, and with railroad, street

railway, and other companies and parties interested, or with

any of them, for the erection, construction and maintenance

of said viaducts and bridges, and for the payment of the

20150HB1200PN2567 - 2 -

<--

damages caused by their location and erection; and forbidding

any railroad company to pass under any such viaduct or

bridge, without contributing to the cost of maintenance

thereof.

Section 1. Be it enacted, &c., That the several cities of

this Commonwealth are hereby authorized to locate and build

viaducts or bridges, to be used as public highways, over rivers,

creeks, streams, railroads and private property, or over and

across any of them, whether the said viaducts or bridges be

wholly within, or partly without and partly within, the city

limits, for the purpose of uniting two or more different streets

or highways, or separate parts of the same highway or extension

thereof.

Section 2. The said cities shall have the right to enact

ordinances, providing for the laying-out and opening of the

routes or locations for said viaducts and bridges, which shall

be public highways; and the proceedings for the said laying-out

and fixing the locations, and for the opening thereof, shall be

the same as is provided by law in the laying-out and opening of

streets in said cities, except that no petition of property

owners shall be required therefor.

Section 3. In case the said respective city has not agreed

with the owner or owners for the damages done, or likely to be

done, by the erection of said viaduct or bridge, it shall be

lawful for the said city to take and appropriate the lands and

property necessary, over and across which to erect said bridge

or viaduct, and the damages and benefits caused by said taking

and appropriation shall be assessed by three freeholders, as

viewers, appointed by the court of common pleas, in the same

manner and with like proceedings as is now, or shall hereafter

20150HB1200PN2567 - 3 -

be, provided by law in the opening of public streets.

Section 4. The said city shall also have the power to enter

into and unite in a contract or in contracts with the county

commissioners of the proper county, where said viaduct or bridge

will cross a river, creek or stream, or other place, over which

the county is authorized by law to build bridges; and also with

railroad, street railway, and other companies and parties

interested, or with any or all of them, for the building,

constructing and maintenance of said viaduct or bridge, or for

certain parts or portions thereof, and for the payment of any

damages caused by the location and the said erection.

Section 5. The said county commissioners may contract,

subject to the approval of the court of quarter sessions of the

proper county, for that part or portion of the viaduct or bridge

which crosses any river, creek, stream, or other place, over

which the county is by law authorized to build bridges,

including the abutments and piers thereof, and such part shall

thereafter be maintained as a county bridge; or they may

contract for such part or portion of the whole structure as is

equal to the part or portion of the viaduct or bridge over the

respective river, creek, stream, or other place, as aforesaid:

Provided, however, That the said county commissioners may

contract to pay an amount of money greater than that which is

hereinabove provided for, toward the construction of said work,

but the amount of the said additional moneys, over and above the

amount necessary to build the viaduct across the respective

river, stream, creek, or other place, shall be first approved by

the court aforesaid.

Section 6. The contracts herein provided for may stipulate

that the respective city, county, railroad company, street

20150HB1200PN2567 - 4 -

railway or other company, or parties interested, or any of them,

shall pay a certain part or portion of the whole contract price

or cost of the work, including damages; or may stipulate that

each shall construct, or pay for the construction of, a certain

part or portion of the work, and may otherwise provide for the

payment of the damages. When any railroad company, street

railway or other company, or other parties interested, agree to

pay a certain part or portion of the cost of the entire work,

they shall pay such part or portion into the proper city

treasury; and upon said payment, the city treasurer shall be

liable therefor, and he shall pay the same over to the

contractor, as may be provided by the said contract; but the

amount to be paid by the respective county shall be paid

directly to the contractor, as may be provided by the said

contract. The said agreements may also provide for the

maintenance of the said viaducts and bridges, after their

erection. All contracts provided for by this act shall be

binding upon the parties thereto, their lessees, successors,

heirs and assigns.

[Section 7. Before any railroad, which has not contributed

to the payment of the cost of construction of said viaduct or

bridge, shall be permitted to run its line or lines of tracks

under said bridge or viaduct, it shall enter into a contract

with the said city to thereafter pay a reasonable amount, part

or portion toward the keeping-up and maintaining of the said

structure, which amount shall be at the same rate, on the same

basis, as is paid by the other railroad companies.]

Section 8. Whenever the city, county commissioners, and the

said railroad, street railway and other companies, and others

interested, or any of them, have entered into a contract or

20150HB1200PN2567 - 5 -

<--

contracts for the construction of said bridge or viaduct, as is

hereinbefore provided, it shall be lawful for the said city and

the said county commissioners to have prepared plans or

specifications of the entire work, and thereafter to advertise

for bids, and to award the contract to the lowest responsible

bidder. The contract for the said work shall provide that the

county shall pay for its certain part of said bridge or viaduct,

and the city shall contract for the other part of the said work;

but the said contract, as to the city's part thereof, shall be

based upon the appropriation made by the city for the part of

the work for which it had agreed to pay, and the remaining part

of the contract price shall be based upon the amounts the other

parties have agreed to pay; and the contractor shall have a

right of action against each party uniting in said contract, for

the part thereof agreed to be paid by each party, respectively,

as set forth in the contract or contracts in which all the

parties unite, as aforesaid.

Section 9. In case the county commissioners do not unite in

any such contract as is hereinbefore provided for, or in case

said viaduct does not cross any river, creek, stream, or place,

over which the county is authorized to build bridges, it shall

be lawful for the said city to contract for the construction of

the viaduct, as aforesaid, and to pay for the entire work; or to

contract with all, or any other, of the aforesaid parties, in

manner aforesaid, in which case the plans and specifications for

the said work shall be prepared by the city, and advertisement

shall be made for bids, and the contract let, in the manner

hereinbefore provided. The contract for the work shall be based

upon the city's appropriation, and upon the amounts agreed to be

paid by the other parties, as provided in the preceding section.

20150HB1200PN2567 - 6 -

Section 10. Any of the contracts hereinabove provided for

may be recorded in the recorder's office of the proper county,

in which the respective city is situate, and such record shall

be notice to all persons who might be affected thereby.]

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

20150HB1200PN2567 - 7 -