The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-21
Amendment to Ordinance to
Protect the Payements.
Connections to Be Made Before
Paving Is Done.
TO NOTIFY OWNERS.
Gas, Water and Sewer COnnec-
lions to Be Taxed.
City Will Do Work If Individ-
uals DO Not.

Councilman Luther NJ. Nellis will
prepare an amendment to the city or
dinance in an effort to stop the whole
sale digging upof city streets immedi-
ately after new pavements have been
laid. The present ordinance upon the
subject is ineffective The time in Mr..
Nellis' proposed amendment, within
which an excavation can be made in a
new pavement will be extended from
six months to three years. 1t is a mat
ter which meets the unqualified en-
dorsement of City Engineer McCabe.
Before the perfect protection of city
streets can be secured another act of
the legislature will have to be passed
The city should have power to compel
the making of all connections with
sewers, gas and water mains before the
laying of a pavement is commenced.
The preparation of a state law giving
cities this power has been recommend
ed by City Attorney Spencer since the
matter has come to be seriously con-
sidered by city officials. Under it's
present powefs the city has only Il
right to prevent excavation of new
pavements for a limited time after
their completion.
Every prick pavement in Topeka, al
though most of them are new, is ridged
or SCARED with depressions resulting
ordinance requiring that excavations
shall not be made before the pavement
is six months old is forgotten and dis
regarded but even if enforced it gives
protection for too short a time. In the
cities of many other states the city au-
thorities serve notice upon property
owners along which a pavement is to be
laid directing them to lay, at their own
expense, the pipes that will be necessary
to supply their houses with gas, water
and sewer connections If the property
owners fail to do this within a given
length Of time the city does the work
and taxes the cost up to the property
where the work was done. After the
pavement is laid it is not permitted to
be disturbed on any such pretext But
city must have authority under a state
such law.
Councilman Nellis is in earnest about
the correction of the street excavation
evil. He said today:
| Il see a chance for some valuable leg
! islation and 1 intend to work up an
amendment to the ordinance which at
temptS to regulate it, Our streets are
getting into most deplora BILE condition
simply because the matter of excava-
ions is not managed rightly and if we
are to save them it is time to begin the
work right now. I have discussed the
matter. fully with City Engineer McCabe
who is of the opinion that property
/ owners ought to be compelled to put in
] connections DeIOre a pavement is laid.
/ The present city ordinance is disregard
ed and forgotten and is not thorough
going in the first place. 1t only pro-
tects the pavements for six months. 1
have seen new pavements dug up with
in a few weeks after their completion.
I do not believe half the people know
anything about the ordinance. Three
years is not any too long a time for
which pavement ought to be kept in
tact and 1 am anxious to secure an
amendment to the present ordinance
extending the time limit. After that I
intend to see that the ordinance is en-
forced"
City Attorney Spencer was asked for
an opinion upon the legality of an ex-
tension of the time feature of the pave
ment protection ordinance and in reply
| said:
There is no objection to the extension
| of the time limit in the ordinance. The
| city has the power to protect its streets
| and property owners ought to be given
| to understand that the time to put in
sewer connections is before the pave
ment is laid. But the city cannot COM
pei a property to do that. There is no
state law authorizing it as there is in
| other states where a pavement is not al
lowed to be disturbed at all after it is
laid The proposition is a good one and
ought to go through the council"