ALBERT C. RITCHIE, GOVERNOR. 925

bond, with ample security, conditioned upon the proper per-
formance of said contract or contracts.

SEC. 11. And be it further enacted, That said Mayor
and City Council of Cumberland for the purpose of carrying
out all or any part of the work necessary in putting into
effect or completing said Partial Flood Prevention Plan, or
in carrying out or exercising any of the powers granted by this
Act, shall have a right of eminent domain over all property
and property rights to be affected by said Plan, or necessary
and proper in carrying out said plan, and shall particularly
have the right to condemn any and all walls, foundations,
windows, doorways, rights to light or air, sewers, or any
outlet or intake, in or along either side of Will's Creek within
the limits of the City of Cumberland, any and all sheds,
houses, fences, buildings or other structures or improvements
in said Will's Creek Flood District, the bed, channel and
banks of Will's Creek and any and all riparian rights in or
to said Will's Creek within said City Limits, and said right
to condemn shall include the right to change, alter, modify or
remove any or all of said properties and rights, or any part
or parts thereof, and to subject the same to permanent,
temporary or partial uses, or any of them. And said Mayor
and City Council of Cumberland shall also have a dominant

right of eminent domain over the right of eminent domain of
any railroad, telegraph, telephone, electric light, gas, water
power, canal or other company entitled to exercise a right of
eminent domain, provided, however, that in the exercise of
this right due care shall be taken to do no unnecessary dam-
age to the property or rights of said public utilities companies
and in case of failure to agree upon the terms of interference,
not to interfere with the operation of usefulness of said
companies beyond the actual necessities of the case, due
regard being paid to the other public interests involved, and
included within this dominant right of eminent domain shall
be the right to condemn such part or parts of the property
of the Chesapeake and Ohio Canal Company or rights therein
as may be necessary and proper for the purpose of carrying
out said Partial Flood Prevention Plan.

SEC. 12. And be it further enacted, That for the purpose
of carrying out the condemnation powers granted by this Act
said Mayor and City Council may proceed as follows: