The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-03
Viaduct Ordinance Will Be Sub
mitted Tonight.
Not Entirely Satisfactory to
Mr.. Spencer.
THE DAMAGE FEATURE
Wants the Measure to Provide
for This.
Time for Bond Election Is Still
Undecided.

T. r. Doran, attorney for the Street
) Railway company, has drafted the pro-
posed ordinance providing for the con-
| struction of $4,000 viaduct across the
Santa Fe tracks at Branner street, and
it will be presented to the city council
this evening.
L. E Myers, general manager of the
| Street Railway company, was expected
to arrive from Chicago Saturday, but
is not here. He may get here before
this evenings council meeting, how
ever.
City Attorney Spencer has not yet
approved the proposed ordinance. He
said today:
There are one or two things that
will insist upon having clearly set forth
in the ordinance. One is that before
any agreement is entered into, the city
must establish grade for the Viaduct,
and find out how much damages will
have to be paid. Another thing is that
the ordinance ought to specify that the
| city assumes no liability for the con-
struction of the viaduct until its bonds
are sold and it has the money in hand
for it's share of the work.
| UNLESS we know how much our
damages will be- we will not know
| whether the $45, 600 will cover the whole
thing. The three interested parties
must share in the payment of the dam
i ages
AS neither of these points are cover
ed in the ordinance as prepared by Mr..
Doran, it is possible that some changes
will be made in the ordinance before ii
| comes before the council this evening.
The ordinance gives the city railway
the right to build either single or
double track road across the viaduct.
Nothing is said about the time for the
special election. This is left for the
council to fix. 1t does not seem likely,
however, that the election can be held
prior to the regular November election.
hn oft inCi ha
amount of damage fixed and the new
grade established before. entering into
any agreement the election will be de-
layed some time.
| City Attorney Spencer says that no
contract must be entered into by the
| city until the bonds are sold. ami The
question of damages adjusted. If his
position is sustained by the co1n I'll, The
/ proposed ordinance can no. be Eas { ed
! in it's present form by the city council
for some time. The closing section of
| the proposed ordinance says:
This ordinance shall be and conSti-
tute a contract between the city of
Topeka and the Atchison, Topeka &
Santa Fee Railway company, and be-
tween the city of Topeka and the To-
peka Railway company, when passed by
the council and approved by the r. ~ or
of said city and when said The Atchi-
son, Topeka & Santa Fe Railway COM
pany and the Topeka Railway company
shall each have filed with the city clerk
of said city its written acceptance here
of by its duly authorized officers, and
shall take effect and be in force afterits
publication in the official newspaper of
said city"
Section 1 of the proposed ordinance
authorized the special election as fol-
lows:
Section 1. The mayor of the city of
Topeka is hereby authorized and di-
rected to issue a proclamation calling
a special city election for the purpose
of submitting to the legal voters of the
city of Topeka a proposition to borrow
fifteen thousand dollars and issue the
bonds of said city therefor, for the
purpose of constructing a steel viaduct
on Branner street over the tracks of
the Atchison, Topeka & Santa Fe Rail |
way company where the same cross
said Branner street, on line with |
First street in said city, in conjunction
with the Atchison, Topeka & Santa Fe |
Railway company and the Topeka
Railway company"
The exact wording of the proposition |
to be submitted at the special cleo |
ton is set forth in section 2. 1t is as
follows:
ton herein provided for the legally |
qualified voters of the city of Topeka |
shall determine by a majority of the
votes cast on such proposition whether |
the mayor and council of said city shall |
borrow fifteen thousand dollars ($15,000) |
and issue the bonds of said city there
for provided in section one of this
ordinance and for that purpose said |
proposition shall be printed on the bal
lots as follows, towit:
Shall the mayor and council of the |
city of Topeka borrow fifteen thousand
dollars $4,000 and issue the bonds of |
the city of Topeka for said amount, for
the purpose of constructing a steel via
duct on Branner street over the tracks
of the Atchison, Topeka & Santa Fe
Railway company, when the same cross
said Branner street. on line with First
street in said city, in conjunction with
the Atchison, Topeka & Santa Fe Rail
nv a nd 10 a
company? Said viaduct to cost forty
five thousand dollars ($45,000); one-third
to be paid by the city of Topeka, one
third by the Atchison, Topeka, & Santa
Fe Railway company, and one-third by
the Topeka Railway company. Said
viaduct to be about three hundred and
fifty-two (352) feet in length exclusive
of approaches; to have d wagon and
street car roadway twenty-four (24) |
feet in width, with sidewalks for foot
passengers extended on either side
thereof six CO. feet in width; to be
twenty-five (22) feet in clear above the
tracks of the Atchison. Topeka & Santa
F'e Railway company, and to be con
Structed in accordance with plans and |
specifications therefor to be submitted
to and approved by the mayor and
council of the city of Topeka before the
work of construction shall be begun.
Said bonds shall be issued in denomina-
tions of not less than five hundred dol
lars ($500) more than one thousand
dollars 10000, and shall mature in -
and bear interest at the rate of five per
cent $50 per annun, payable semf-an-
nually.
And the canvassing board shall can
vass and declare the number of votes
cast at said special city election for |
such proposition and the number of
votes cast against it, and declare
whether said proposition is defeated or
carried, and if carried by what major
ity of the votes cast upon said PROPOSE
ton"
The ordinance in section 4 provides
for the Joint maintenance of the struc-