The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-03-20

airy 9th. 1870, grants the privilege TO the
A. T. & S. F. Z. Z. company, TO construct
a single track for their railway through
the center OF 81 avenue, and TO operate
their road through said avenue forever.
This ordinance, also requires said COM
pany to maintain good and proper cross
| ings, wherever the said track shall cross
the streets of said town. Subsequently
an ordinance was passed by the city
council, approved July 18th, 1870, The
first section of which grants to said COM
pany the right to construct one or more
side tracks in connection with their main
track. The second section provides that
before any rights shall accrue 10 said
company under this ordinance they shall
obtain the consent Of the resident lot
owners in front of whose premises the
side track or tracks shall be laid. Sec
ton OF said ordinance, provides that il
said railroad company, either before or
after the laying of said tracks, shall fail or
neglect to comply with. or shall violate
any of the conditions contained in said
ordinance. all rights granted under the
same shall be forfeited. Section g. of this
ordinance was amended by subsequent
ordinance, approved July 2Ist, 1870,
which provides that after sald company
shall put down said track or tracks they
shallrestore said avenue to such condi-
ton As that the construction OF said tracks
shall not in anyWISe interfere with the
free use Of the crossings OF intersecting
streets as public highways, and chat said
company shall keep said avenue, between
East and West streets, in such condition
IS that the same may BE used at all times
as public highway. and shall under the
direction Of the city council, grade and
put in culyerts across sail avenue, at all
interseeting street crossings, where by
reason degrading for their main or side
tracks, the free flow Of water, through or
across said avenue, may be in anywlse
obstrueted. In these ordinances there are
also conditions in regard to the running
OF trains, blocking OF streets. and other
stipulations of minor importance.
The committee have examined into the
condition OF said avenue, and believe that
some repairs are necessary, but do not
wish to suggest, under present circum-
stances, q full compliance with the letter
and spirit OF the foregoing ordinances as
being IMPORTANT TO the city. The COM
mittee, however, do recon- mend the COM
pletion OF the crossings on the south side
or said eompany's track across CONNER
cial and Merchants Streets the full width
of SAID streets, and the completion of the
crossings, full Width. OF Exchange, Cot
tonwood, Union, Market aud Constitution
streets, and the construction of suitable
culTert, under the direction OF the city
council, across said avenue, at the inter.
section of State street, disseminating the
use of the cnlVert, as such, heretofore con-
structed, south of Humboldt Park, It be-
ing improperly located, and contrary to
the ordinance. The committee also re-
commend that said company so grade each
side of all culverts in said avenue, and SO
fill on each side of and between their
tracks, US that said avenue may be used
as a public highway. The committee be-
lieve that it is only necessary to call the
attention of the company to the recon-
mendations herein made to secure the
desired repairs on said avenue; and, to
this end, recommend the adoption of the
following resolution:
ReSolred, That the city clerk is here
by instructed to forward 4 copy of the
statement and recommendations
to the superintendent of the A. Il. & s, F. |