The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-11-19
COUNCIL PROCEEDINGS.
COUNCIL CHAMBERS,
Nov IA 1873.

Regular meeting of the city council.
Present Mayor Whiltlesey In the
chair and Councilman TorrinEton,
Davis, Bill, Thatcher, Raymond, Watson
and Adds.
Minutes Of meeting held October 2S,
1885, were read after being corrected so
as to read First avenue and Nsosho
street, instead OF First avenue and Con
z ress street, and the same were adopted.
Report OF Acting Engineer MIlIiken
was read and placed on f1le.
Petitlon tor paving alley betw cen
Third and Fourth avenues and Com
merciat street and Mechanics street, was
on motion granted.
Petition of citizens to have paving ex-
tended In the alley between Fourth and
Fifth avenues and Commercial and
Merchants streets was referred 10 COM
mittee on streetaand alleys.
The city attorney to whom the matter
Of the right of the A. T. s. 8. +. railroad
Co. to Third avenue was referred made
the following report;
To the Honorable Mayor and Council Of the
City OF Emporta:
AT meeting of the city council in last
October the following motion was
passed:
On motion of Mccain, seconded by
Adds, the matter of the right-of the
Atchlson, Topeka s. Santa Fe railroad to
lay the additional track on Third avenue
as they did on Sunday, October 4, from
Rural street TO West street, also the right
of the Atchlson, Topeka q Santa Fe
railroad to maintain the main and side
tracks on said avenue, and the power of
the city council TO compel said railroad
company to maintain said Third avenue
at the proper grade, and 60 keep the
street crossing In proper condition, was
referred TO the city attorney with Ia
structions TO report in writing as to
same.
This motion involves three inquiries.
First, As TO the right of the A. L. & 3
F. r. T. comPSny to lay the additional
track on Third avenue as they did on
Sunday, Oct. 4, 1885, from Rural street
to West street in said city, / shall an
swer that part of your inquiry first.
July il, 1870, the following ordinance
was passed by the city council, which
ordinance remains in force and effect:
San ordinance granting to the Atchl-
con, Topeks q Santa Fe railroad COM
pGny the right TO lay one or more side
tracks on and along Third avenue, be-
tween East and West Streets"
Section !. That the night is hereby
granted 10 the Atchison, Topeka 81 San
q Fe Railroad company to lay one or
more side tracks parallel with, and al
tached to the main track OF their railroad
On, and along Third avenue, IN the city
of Emporis, Lyon county, Kansas, be
tween East and West streets, IN said
city, subject to the conditions, limitations
and restrictions hereinafter provided
q nafOra aaES raflHOad roua mn
shall scquIre any rights under or by
virtue OF this ordinance, they shall OBJ
tam the consent Of the resident lot own,
ere in front Of whose premises said side
track or tracks shall be laid on said
Third avenue, between said East and
West streets, 90 the laying OF said side
track or tracks.
Sec. 3. That said railroad company,
after putting down said side track or
tracks. shall restore said avenue to euch
q condition a. that the construction OF
sand aide track or tracks shall not in any
wise obstrucI or interfere with the free
use OF the crossing of the intervening
streets a. public highways, and Ihst the
said railroad company shall At ali times
keep said Third avenue and crossings OF
said intervening streets between East and
West streets IN such cnodition az not TO
IN any wise obstruct or interfere with the
tree use Of the same Is public highway;
and sad railroad company ahAll grade
and keep said Third avenue In such con
slition aS the city council OF the city OF
EmpoTla shall from time to time direct.
and shall not allow their cars 60 stand on
anv OF The alde tracks, or the main track
Of theIr road, or any Of the street cross
inga on SAID avenue
Bee. 4 Ifsaid railway company shall
at any time, either before OF after Balo
tracks are laid, In any manner fail or
neglect 10 comply with. or shall violate
any o. The conditions herein contained.
then AL rights herehZ glanted shaii be
See 5. This ordinance shall take es.
feet and Be- In force from and after It's
Approved July Il, 1870.
Before Ooid railroad company could
lawfully lay the additional track (which
Il I side trsckl on Tkifd aVenue By giF-
TIE Of aald crdlnaBne ae they did on san /
day, 0clphet from Rrfal etfeet 80 West
street. e VS. ineuniheus up0s eald Yail
Hoed COMPANY 70 ahlsln the eonpeng Of !
Easiasat ;cl oEnsfa n Ffoat 81 Rhass |
pFenis1g said fide tFzeS VS. tr bs tsi6 |
that tbs eaEe might Be laid; Rkeihet !
allnh eS5sent HGs Qntslhka et nos e q
question a. lsat 10 aelePssihs iron, eef- /
aeafE ] 90 fpissbiS ias;gne thss i
euah e1Eseai wa apt niTlksHsdi i.1rrgA 4
q lezsa Inc aSgs ina 60 hsf Ssa s fS3i,t
deaf 81 a9ti esifI xhis eiAE 4 kltEFth. +
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