Pennsylvania Act 2016-29 — CITIES AUTHORIZED TO BUILD VIADUCTS OR BRIDGES - REPEAL OF CERTAIN PROVISIONS

Act text

Session of 2016

No. 2016-29

HB 1200

AN ACT

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," 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. 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:

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

APPROVED--The 24th day of May, A.D. 2016.

TOM WOLF