The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-10-13
PAVING OF ONE
AVENUE SET BACK
Implanted Right of Way Causes
Trouble.
ON ROCK ISLAND AVENUE
Puts Cost on Property Owners
on West Side.

The paving Of Rock Island avenue has
received setback Moreover. it viii
not go forward again unless the Frisco
railroad chooses to make some conces-
is an extraordinary one.
Some time ago it was agreed by the
property owners on the west side of Rock
Island avenue, an avenue running south
in the middle of the block between the
Rock Island and the st. Louis and San
Francisco railroads, and the Frisco rail-
road that the avenue should be paved
from the curb line on the west side OF
the thoroughfare to the property line on
the east and from Douglas avenue south
to Division street. 1t was further agreed
that each party should pay for half Of
the regular street as provided by law
and half the Frisco parking. which would
be part of the street.
After this matter was all arranged the
ordinance passed and even bids adver-
tised for, it was discovered that the right
Of way of the Rock Island railroad
which is called Meade avenue, has never
been plated, which fact has set the mat
ter of paving askew.
The law provides that the cost of pay
ing street shall be assessed to the prop
erty owners on each side of the street TO
be paved, on property abutting as far
back as the centre of the block. But
further, it provides that property that is
not plated and is not abutting the street
to be paved shall not be assessed for any
part of the cost of the pavement Now
the city attorney, Earl Blake, has found
these things and this is the result: The
property on the east side of the avenue
may be assessed TO the centre of the
block, or seventy-five feet back from
Rock Island avenue; the property on the
west side of the street should be assessed
back to the centre of the block, which
probably is in the unplatted property or
right of way of the Rock Island railroad
the block in this case being between Rock
Island avenue on the east and on the
west fremont or Santa Fe avenue, there
being some question as to whether the
last named has ever been plated; but
since the law says unplatted property
not abutting the street TO be paved shall
not be assessed. the property running
back as far as the plated ground or as
near TO the centre of the block as can
ben ascertained, must be assessed. The
distance in this case is 80 feet. So as
this is twice the extent of property as
would be assessed on the east side OF the
street, the property owners under the
present ordinance and agreement would
be paying two-thirds the cost of the pave
ment. in addition to half that Of the Fris-
cos parking.
The property owners of the west side Of
the avenue do not care to do this, and
thus it is that the bids are being held up
and the matter is at a standstill.
1t is believed that the Frisco railroad
will not hesitate to agree to pay half
for a pavement that means so much 70
them. 1t is just that they should pay so
much according to the property owners
opposite and there is little doubt but what
the road will make such an agreement
when the matter is brought before them.
The fact that the party opposite first
made the concession of agreeing to pay
for half that roads parking will have
no nf'le weight.