The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-23

companies would build the 21o foot
strip between their tracks provided the
city would forever pay the cost of
maintenance. He presented letters
from Bale Waggener of Atchison, E.
StiIlingS of Leavenworth, ROSSington,
| Smith & Dallas of Topeka, T. B. Ge-
row, city clerk of Atchison, and others.
| to the effect that the railway COM
i panies could not be compelled to build
4 the viaduct over the land not occupied
| by their tracks, and that it was quite
| customary for cities to pay the cost OF
maintaining viaducts. This matter
was referred to the committee on
bridges of the city council, and on
Jan1Isrv 2s. 1859. the committee made
report which was in part as follows:
Believing that the best interests of
the city demand settlement of the
question without recourse to the
courts, we have investigated carefully
the cost of maintenance of said via
duct and we find it to be about 5000
per year
the city must go into court to compel
the companies to build the 210 feet of
viaduct between their tracks and the
546 lineal feet of sidewalks, the total
cost of which is $14,S6S. The railroad
companies hold that they are not
liable, yet in their proposition agree to
build that portion provided that they
be relieved from maintenance $14,-
s6S at per cent will pay $500 per
year, the estimated cost Of mainten-
ance, and will create a fund that will
at the expiration of thirty years re-
place the whole structure. We there
fore recommend that the council pass
the ordinances requested and enter
into the contract relieving said COM
panies from maintaining said viaduct-
"E. B. WHALEY.
IL. D. EVERSOLE.
"E. n. QUINN
This report of the committee on
bridges was adopted by the council,
for maintaining the viaduct was for
ever settled by the passage of ordi-
nance No. 936 on February Is, which
was as follows:
AN Ordinance providing for the COM
pletion of the -viaduct at Sixth ave-
nue., in the city of Topeka, and au-
thorizing. and directing the mayor
of said city to enter into a contract |
for such work, and to relieve GER |
tain railway companies from cost |
of future maintenance of the same. |
Whereas, The city of Topeka has
duly and legally contracted with A ]. |
Tullock for the construction of the ap- |
proaches to the viaduct on Sixth ave-
nue.. in the city of Topeka; and
Whereas, Said A ]. Tullock has
submitted a certain proposition to the |
city of Topeka for the completion of |
said entire viaduct and without fur |
ther cost to the city; and
Whereas. 1t appears to the satisfac- |
ton of the mayor and council that the /
to said city of Topeka in /
the respect that it would relieve the /
city from the construction of a portion /
OF said viaduct, and all sidewalks there |
on, and would accomplish the compile
ton of said viaduct~ without further
cost to the city than the cost of the |
approaches thereto according to the |
plans and specifications heretofore ap-
proved and adopted by said city.
Now. Therefore, Be it Ordained by the
Mayor and Councilmen of the City of
Topeka,
Section l. That the mayor of said
city of Topeka, Kansas, be authorized
and directed on behalf of the city of
Topeka, to enter into a contract with
said A J. Tullock, the Atcnison, To-
peka & Santa Fe railroad company, and
the Kansas, Nebraska & Dakota rail-
way company as follows:
THAT said A. ]. Tullock shall on his
panieS agree to complete said viaduct
in accordance with the plans and speci-
hcations for said completed structure,
sidewalks and pavements SUBJ
mitted and now on file in the office of
the city clerk of said city of Topeka,
and in accordance with detailed plans
to be furnished by the said A J. Tullock
at his own expense and subject to ap-
prevail by the mayor and city council
without further cost to the city of To-
peka beyond the cost of said approach
as already contracted for. and to agree
On behalf of said city of Topeka that in
viaduct. as aforesaid. that said Atchi-
son, Topeka & Santa F'e and Kansas,
Nebraska. & Dakota railroad companies
shall be forever released from all future
cost of maintenance of the same, or any J
part thereof. (
''Sec. 2. That in said contract that 4
said mayor be authorized and directed
% covenant and require on the part of I
said A. ]. Tullock that the said via ,
iuct should be completed and ready for {
Use within a reasonable time to be \
agreed upon, and that the said A. ]. I
rullock should give bond in a sum not {
exceeding $4,000 for the faithful {
of said work in accord ]
lnce with said plans and specifications. +
'Sec. 3. That this ordinance shall .
AXE effect and be in force from and
Lfter it's publication in the official pa {
,er of the city of Topeka {
Passed the council on February Is, l
$50. I
Approved February %, 1889.
ID. c. METSKER, Mayor"
A. J. Tullock went ahead under auth [
rity of this ordinance and completed 1
he viaduct. 1t was accepted by the '