The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-27
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City CounciImen Disagree About the
New s~urfacing Law

A difference of opinion has arisen
within the city council over the ad-
visibility Of pushing the passage of an
amendment proposed by City Attor-
ney Spencer and now before the com
mittee in the legislature to which it
was referred. The amendment is the
one which makes it possible for the
mayor ana council of a city to order
in r-esurfacing and repaving over the
objections of the property owners LA
BILE for the Improvement.
Councilman Green said today: IT
have been thinking at some length
over that bill and it impresses me
more strongly than ever hat the pass
age of the bill as proposed will be an
injustice to the property owners Of
our city or any other city. I am in
terested personally to some extent
through holdings, but this has not one
whit of influence with me in thinking
that the passage of such a is
an injustice. To make a property
owner pay for resurfacing or repaving
of a street which probably but a short
time before he has completed paying
for appearS to be anything but right.
1t is for the good of the whole of the
city and in a number of cases the re-
surfacing is practically to the greatest
good of the city Is a whole and not to
the individual property owner, yet he
must stand payment for it. Take for
instance the pavement out to the To-
peka cemetery; the public in general
is securing the greatest good out of
AAAL Liz PEOpAG themselves d1OllE
the road are not securing the major
part and yet that pavement is wearing
out and according to the proposed
new law will have to be paid for by.
them Take the Sixth avenue pave
ment for instance. where it is paved
with cedar blocks. These people have
but recently completed payment for
that improvement at a very heavy ex-
pense yet if his law is passed they
will be called upon soon to stand for
the cost of new paving. I am dead
against the law and you can quote me
as standing pat If the matter ever
arrives before the counc I shall fight
it to the last"
Councilman Howe takes a different
stand, and said: ct think that the
and council should enjoy and
exercise discretionary powers. I diff
fer from Mr.. Green. 7 think the
council and mayor of the city will be
wise in ordering in new pavement and
that they Will not order in great
would order in the entire requirement.
of Sixth avenue at one time, but only
a few blocks each year. If the mayo
and council did not enjoy discretion
take place in the city. Again, their
reelection would hinge upon the way
they handled this paving matter. No,
I think the law is all right"
The first notice that the sentiment
of the council on this proposition was
not unanimous came to light with the
expression made by Councilman
Green. Hitherto and when the council
instructed the attorney to embody
their suggestions and expressions in
an amendment to be presented to the
present legislature the feeling evinced
on this point has been unanimous.
The reaction is setting in.
The council appointed some time
ago Councilmen Howe, Swendson and
Kutz as a legislative committee, to-
gether with the city attorney, to look
after this bill in the committee meet
Such a session of the committees
of the senate and house was held his
of the committee could be present. At
this time the committees appear to
be in favor of the amendment.
The law now in force makes it pos
sible for the property owner to file
objections to any resurfacing and re-
paving, preventing the same.