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<br /> ono pox so herein set forth, they may proceed to procure the Irmo
<br /> deratiojibf the same as hereinafter proVided, and in addition thereto,
<br /> when not in Snor inconsistent with the express provisions
<br /> of this let, may proceed Under the general laws of the State of
<br /> Indiana, gretning the coodroation of lands and right of way for other
<br /> gurblinenese* which may be in force at the time, and the provisions
<br /> of such law* are hereby extended to parks, playgrounds, parkways,
<br /> Perk boulevards and Setters drivelays or parts thereof, so far as
<br /> the same are not inoonfliet or inconsistent with the terms of this
<br /> act. *here the .land or the surface. of the ground on, over rearm
<br /> which its (it is) deemed necessarymmadvisable to establish, ero
<br /> struct or improve any boulevard, pp:vireo or pleasure driveway, is
<br /> already in use for any other public purpose or has been ordered or
<br /> 00r*Prieted for a use authorised by the statutes of this state,
<br /> and i* being used for such purpose by the corporation so appreprilating
<br /> it000nch oUblie use or prior condemnation, shall not be a bar to the
<br /> aligkible71101V-rard to condemn the use of such ground for the afore-
<br /> Satd park purposes; Provided, That such use by said board shall not
<br /> Permanently prevent the use of said land or the surface of such ground
<br /> for such prior public use or by the corporation theretofore condo mno
<br /> ins or appropriating the same: and Providing, further, That in any
<br /> Proceeding* prosecuted by said board to condemn the use of any land 9V
<br /> earfaeoloof ground for purposes permitted by this eat, the burden shall
<br /> be upon such board to show that its proposed use will not permanently
<br /> or seriously interfere with the continued wee public lee of such land
<br /> or surface of ground or by the corporation theretofore send emning the •
<br /> gams, or its Buresserie • .
<br /> 110 The board of park commissioners of any such city Shall have
<br /> the peer to keep open, river, stream* and waterways to *revisit the deposit '
<br /> or maietrance of unsightly or obnoxious materials in or along the sawn
<br /> to take over, improve, control and provide for the proteetion of thefl
<br /> banks three: and build necessary levees and take over levee* built
<br /> thereon; to confine, direst and control the flow of the waters thereof,
<br /> and to make such rules and regulations concerning such streams anet the
<br /> banks thereof as shall in its judgment be necessary for such Prer****
<br /> Such board shall have the power to provide for damming or changing. the
<br /> 1 . course of any river, stream or waterway within and along the boundaries
<br /> of any park or boulevard so as to provide water for sprinkling, boating,
<br /> or ether purposes; also to provide pools or artificial lakes, in such
<br /> parks and to Construct all necessary bridges and viaducts over, or
<br /> tunnels under, rivers, water courses or railroads within or bordering
<br /> on the lino of such parks, boulevards or parkwayso Said board of pork
<br /> commissioners is hereby given power and authority to require the owners
<br /> of real estate abutting along and upon said rivers, streams and motor.
<br /> [ nye VO Mete eneightlY or otneriops. materials, flltb, volibelthir and
<br /> uraaltarY elneeeenSee in or along ins sameupon five clays ' moven
<br /> noticeto snob, owners, stating in such notice the materials, filth or
<br /> eastern to be so removed. Upon the failure, of such see property
<br /> owner or nuns. to comply with the notice of such board said board is
<br /> given power and authority to remove such material, filth or substance,
<br /> and the expose* thereof shall be certified by said board to the %rear
<br /> Ore' of the county, and shall be by such treasurer collected in the
<br /> some manner and to the same extent as assessments by such board for ' \
<br /> the %Warrant of boulevards an collated under this act. and all
<br /> the previsions of the law governing the collection by the trvirorer
<br /> of assessments for boulevard improvements, including the saleof the
<br /> property by the treasurer to pay the same on delinquency diwallJELI,00 ,
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