rails where such company owns at their own cost. Whenever any street shall be ordered paved or repaved by the mayor and city council of such city, such paving or repaving shall be done at the same time, and shall be of the same material and character as the paving or repaving of the street upon which said railway track is located, unless other material be specially ordered by the board of public works. Such street railway companies shall be required to keep that portion of the street required by them to be paved in repair, using for said purpose the same material as the streets upon which the track is laid at the point of repair, or such other material as the board of public works may require and order upon streets in cities governed by this act; as streets are hereafter paved or repaved, street railway companies shall be required to lay in the best approved manner the strap or flat rail. The track of all railway companies, when located upon the streets or avenues of the city, shall be kept in repair and safe in all respects for the use of the traveling public, and such companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets or avenues of such city. For injuries to persons or property arising wholly from the failure of such company to keep their tracks in proper repair and free from obstruction, such companies shall be liable and the city shall be exempt Street railway from liability. The words "street railway companies," as used in this act shall be taken to mean and include any persons, companies, corporations, companies defined. or associations, owning any street railway in any such city. upon what levied. SEC. 77.-Special Assessments.-In the event of the refusal or neglect of such street railway companies to pave, repave, or repair when so directed by the mayor and council, upon the paving or repaving of any street upon which their track is laid, the mayor and council shall have power to pave, repave, or repair the same and the cost and expense of such paving, repaving, or repairing may be collected by levy and sale of any real or personal property of said street railway company, the same as special taxes are collected. Special taxes for the purpose Special taxes, of paying the costs of any such paving, repaving, macadamizing, or repairing of any such street railway may be levied upon the track including the ties, iron, road-bed and right of way, side tracks, and appurtenances, including buildings, and real estate belonging to any such company or person, and used for the purpose of such street railway business, all as one property, or upon such part of such tracks, appurtenances, and property as may within the district paved, repaved, macadamized, or repaired, or any part thereof, and shall be a lien upon the property upon which levied from the time of the levy until satisfied. No mortgage, conveyance, Incumbrances pledge, transfer, or incumbrance of any such property of any such company, or person, or of any of its rolling stock or personal property, created or suffered by any such company or party, after the time when any street or part thereof, upon which any such street railway shall have been laid, shall be cannot void. distress. have been ordered paved, repaved, macadamized, or repaired, shall be made or suffered, except subject to the actual or prospective lien of such special taxes, whether actually levied or not, if such levy be in contemplation. The treasurer shall have the Collection by power and authority to seize any personal property belonging to any such person or company for the satisfaction of any such special taxes when delinquent and to sell the same upon the same advertisement and the same manner as constables are now authorized to sell personal property upon execution at law, but failure to do so shall in nowise affect or impair the lien of the tax or any proceeding allowed by law for the enforcement thereof. The railroad track, or any other property upon which such special taxes shall be levied, or so much thereof as may be necessary, may be sold for the payment of such special taxes in the same manner and with the same effect as real estate upon which such special taxes may be levied may be sold. It shall also be competent for any such city to bring a civil action against any party owning or operating any such street railway and liable to pay said taxes to recover the amount thereof, or any part thereof delinquent and unpaid, in any court having jurisdiction of the amount and obtain judgment and have execution therefor, and no property, real or personal, shall be exempt from any such execution; Executions upon real estate shall issue from Provided, That real estate shall not be levied upon by execution, except by execution out of the disDistrict court. trict court on a judgment therein, or transcript of a judgment filed therein, as now provided by law. No property seized by the treasurer as herein before provided, or upon any such execution, shall be taken from the officer holding the same on any order of replevin. No defense shall be allowed in any such civil action, except as goes to the groundwork, equity, and justice of the tax, and the burden of proof shall rest upon the party assailing the tax. In case part of such special tax shall be shown to be invalid, unjust, and inequitable, judgment shall be rendered for such amount as is just and equitable, and costs shall follow the judgment. It shall be competent for the mayor and council, upon the written application of any company, association, corporation, or person owning any such street railway, to provide that such special taxes shall become delinquent and payable in installments as in How made case of taxes levied upon abutting real estate as herein before provided, but such application shall be taken and deemed a waiver of any and all objections to such taxes and to the validity thereof. Such application shall be made at or before the final levy of such taxes. The provisions of this act in regard to the levy, collection, and enforcement of special taxes to pay the cost of paving, repaving, macadamizing, or repairing of any such street railways shall apply to all such special taxes hereafter levied. SEC. 78.-Elective Board of Public Works.There shall be in each city a board of public works which shall consist of three members, residents of said city, to be appointed by the mayor, by and with the assent of the council, before the first Monday of payable in installments. of members. June, 1887, for the term of one, two, and three years respectively, the term of office of each to be designated by the mayor, and annually thereafter, there shall be appointed, as herein before provided, one member, whose term of office shall be three years. The mayor, by and with the assent of the council, shall designate one of the members of such board to be the chairman thereof. The salary of the members of such board of public works shall be fixed by ordinance, and the salary of the chairman shall not exceed twelve hundred dollars per Compensation annum, and the salary of each of the other members shall not exceed two hundred dollars per annum. Each of the members of said board shall, before entering upon the discharge of his duties, Oath and bond, take an oath to faithfully discharge the duties of his office, and enter into a bond with such city with two or more good and sufficient sufficient sureties (to be approved by the mayor and council), the bond of the chairman to be in the sum of fifteen thousand ($15,000) dollars, and the other two in the sum of ten thousand ($10,000) dollars each, conditioned for the faithful performance of his duties as member of the board of public works. Eligibility. The chairman of such board shall devote his entire time to the performance of his official duty, and no member of such board shall ever be directly or indirectly interested in any contract entered into by them on behalf of such city, nor shall they be interested, either directly or indirectly, in the purchase of any material to be used or applied in and |
