The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-22
FOR The DYKES.
Petitions Are Presented to
Commissioners Today.
Over 200 Taxpayers Sign the
Requests.
BOND. is ALSO FILED.
1t Covers the Costs and Ex-
penses.
All Are Referred to the County
Attorney.

The first petition for dykes for the
protection of North Topeka from floods
was presented today to the board of
county commissioners.
J. B. Billiard, Thomas Page. and n.
E. Arnold appeared before the board
and presented a petition, signed by
over 200 tax payers in North Topeka,
asking that two dykes be built The
petition was accompanied by a bond
signed by Charles Curtis, Thomas
Page. J. Thomas AID J. B. Billiard to
indemnify the board on the cost of
the preliminary work.
The petition asked that a levee be
built along the south side of Soldier
creek from the mouth of the creek
TO a point near the Curtis cemetery
and that another leVee be built along
the north side of the Kansas river
from the mouth of Soldier creek to
point near the Updegraff farm. Three
other petitions, asking that these same
dykes be built are being circulated
and will be presented to the board.
The bond accompanying the petition
was for sum equal to the cost and
expenses incurred by the petitions for
the preliminary work, the bond to be
void if the dykes are built and to hold
good only if the work is not carried
on for the purpose of assuring the pay
ment of the preliminary work if the
tax levy for the payment of the pro-
posed taxes is not made.
Under the Kansas Ievee law there
seems to be some difficulty in CARRYING
petition and the bond from the North
Topeka tax payers has been referred
TO County Attorney Hungate and the
commissioners have asked him to de-
eide what can be done.
me Kansas levee law says that the
board of county commissioners of any
county IN which it is proposed to con-
struct a levee shall have the power to
cause to be located. established and
constructed a levee or levees. as herein
provided. whenever such board may
deem the construction of such levee Il
benefit to or will promote public health,
convenience or welfare"
The levee law then provides tnat
whenever petition is presented to the
board of county commissioners
signed by one or more of the owners
which will be benefited
accompanied by a bond with surety APP
proved by the clerk of such board
that the petitioners will pay all costs
and expenses accruing in the proceed
1ngs in case such levee be not finally
located snail cause all owners
of land on which it is proposed tolocate
such levee six days before the
viewing"
The county board shall enter into
contract with the successful bidder for
the work necessary to be done in con-
structing said levee but neith-
er the county nor the county board
shall be liable under such contract IN
III the money assessed the cOnStruC-
ton of such levee has been collected
and paid into the county treasury"
Under this law the commissioners are
empowered and commanded to proceed
with the work of viewing the land to
be used and letting the contract for
levees and then specifically provides
that no one shall be responsible for
payment to the contractor until the
taxes for the payment are paid and in
the county treasury.
To give North Topeka protection
from the spring floods of 1905. which
may come. the building of dykes must