The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-02-27

cases be notified by resolution Of the
city council of the pendency OF any
suit for any such liabilities ts s, ana q. i Pe
merits.
Railway aiS Company shall fail. neglect Or
refuse to comply with any, of the pro
after thirty days notice to do so. such
notice to be by resolution adopted by the mayo
and councmen and served on said railway
company then this ordinance. and each and
every, section and part thereof. shall immedl-
ately become null and void. and the rights and
privileges i'll this ordinance granted shall iInIne-
diately become forfeited. and all obligations as
Sumed Hereunder shall become null and void
RIGHTS RESERVED.
Section Z. That the city of Potwin Place re-
serves the right TO order the said The Topeka
Railway Company to take up its track or tracks
and remove the rails OF the same, when neces-
sary to effect public improvements, the taking
up and re!aying of such tracks and the placing
of the road-bed in proper condition TO be done
at the expense of said company and without
any unnecessary delay; and that any company
or corporation which has, or may hereafter Oh
tain from the city of Potwn Pace the right TO
mission of light, heat OF power along the streets
| enter upon the rigllt-of-way hereby granted to
the said The Topeka Railway Company for the
such streets or alleys; provided. that such
| company corporation shall not unnecessarily
! said The Topeka Railway Company. and SHAH
restore the tracks. property and right-of-way OF
good condition it was in when so entered up
on By such company :, or H. goTp99ra95j.o Ton,
way Company Shall fail. refuse or neglect 10
make the repairs on the streets provided TOT m
/ repairs at the expense of said company, and
| the amount SO expended for such repairs.
| TRACK RIGHTS.
SEC. s. That cars of said railway company
on the track, and tn driver OF every Vehicle
upon the track or by the side thereof, shall turn
such vehicle out of the way when any car ap-
proaches. so as to leave the track unobstructed
| for the passage of such car; Provided that
/ steam fire engines or other fire apparatus. go
ing to fires, Shall have the righ,-of over
| the lines OF said company II the same direction
| ton of the streets shall be such that said en-
| gines and apparatus cannot otherwise make
| proper time without the Of such railway
| SNOW Or ICE.
! SEC o. Whenever It becomes necessary to
| remove snow or ice from said tracks. it shall be
| distributed over ana along SAID streets 50 as
not to obstruct The free use and occupancy Of
| the streets by the public.
EXPIRATION OF FRANCHISE.
| SEC TO- That upon the expiration Of the
| grant of the franchise unCe. this ordinance and
! in case the same shall not De renewed or eX-
run its cars and shall Immediately remove It's
tracks from the streets and said streets shall be
placed in as good condition as they were in
| when entered upon by said company.
ACCEPTANCE.
SEC. II. That said The Topeka Railway
passage of this ordinance, file with the city
clerk of the city of Potwin Place It's acceptance
OF each and all the provisions and
conditions of this ordinance. which &c
| ceptance shall be duly acknowledged before
| some officer empowered 10 take acknowl-
! edgements; and said acceptance when filed
shall be recorded in the book of ordinances and
be safely kept by the SAID city clerk. and tins
ordinance shall. upon the filing OF said accept
city of Potwin Place and the Topeka Railway
company. the terms and conditions Of which
| shall be those set forth in this ordinance.
| MAY ACQUIRE.
Seetion 10 That said The TODeka Railway
railways in SAID city or any part thereon. and
! if necessary, and operate the railway or rail
and provisions of this ordinance
| PAVED STREETS, VIADUCTS, CULVERTS
| AND BRIDGES.
Section IS. The Topeka Railway company
/ shall pave its right-ot- way between the rails
| and for a space OF eighteen inches outside OF
each ran whenever any street or alley over
brick n, or stone and as conway may be d 0rdeTed
! over and across any viaduct. bridge or cuiyert
| over which its tracks may be lard within the
| city Of Potwln Place, III such manner as may
be ordered by the mayor and council; a viaduet
bridge or culyert in this connection being con
sldered In the nature of a paved street.
UNUSED TRACKS.
Section IA. The said company is hereby All
! thOrized and directed to take up and remove
| from the streets. alleys, avenues and bridges
the old horse car track now lying upon any o
such streets: alleys. avenues and bridges in the
| also remove any electric car tracks. poles OF
wires not required by it to fulfill the provisions
of this ordinance.
REPEALED.
| Section I5. Ordinance number twenty-five
entitled AN ordinance authorizing The Iope-
ka Rapid Transit Railway company to con
; struct, maintain and operate street railway
along and upon certain streets and avenues ~
the city of Potwin Place. and ordinance mum
Der thirty being ordinance supplemental "a
ordinance number twenty-five, IRE hereby re
peaed when this ordinance is accepted and tn
line shall have been built and IN operation &
the west limits of this city
TERM OF GRANT.
Section 16. The rights privileges and fran
chises herein granted are limited 70 the term o
: twenty years
PTOVISO.
Section II. This ordinance and each ant
= every provision thereof shall be void and OF nc
, effect unless accepted by said company within
, the time limited by section II.
EFFECT.
| Section IS. This ordinance shall take effec
| and be in force from and after its publicati OF
/ once in the Topeka State journal and alter Il
i acceptance by said company.
Passed the council on the oath day OF FeDrua
ry, 1896.
s w. NJ. FORBES.
TsEALl Mayor.
: Attest:s H. I. MILLER,
City Clerk.