The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-16
LEGAL.
Published in The Topeka State Journal
Nov. 10, 1901
oFFICIAL CoUNCIL PRocEEpINes

Published in The Topeka State Journal
Nov t. 1901
OFFICIAL COUNCIL PROCEEDINGS
Council Chamber, Topeka, Kansas, No
vember Is. 1865. Council met IN regular
session pursuant to the adjournment of.
November 8. Present-Councilmen Ryder,
Simms. Griley, Holiday, NipDs, Green,
Horn, Howe. Sinner, Swendson-1O. Alb
sent-Rice and hughes. Mayor Davis
On motion Of Councilman Howe the
minutes OF the previous meeting were ap-
proved as printed, without reading.
Claim of Ned o. Branion for damages
against the city of Topeka $3.50, was pre-
sented, read and referred to committee
Petition for electric light on the corner
of 18th and Topeka avenue was present
ed. read and referred to committee on
gas and electric lights.
Petition for street light at corner Of
10th and Polk streets was presented, read
and referred to the same committee as
Petition of George D. Lyle and others
to pave Lincoln street from Sth to 10th,
was presented. read and referred to com
mittee on streets and walks.
The streets and walks committee were
Of the council the amount of paving
granted and the amount that should be
allowed for the ensuing year:
Communication and resignation of Miss
Grace Miller as assistant city clerk was
presented read and placed on file, and
the resignation accepted
City Engineers approximate estimate
of the cost of filing Kansas avenue from
10Th to Beacon streets, S755. Sc, was APP
proved by the following vote: Ayes
Councilman Ryder Simms, Griley, Helli-
day. Nipps, Green, Horn, Howe, Swend-
sOn-9.
On motion of Councilman Howe the city
clerk was instructed to advertise for bids
for the work contemplated in the above
Of the council, November 20, 1905.
on. motion of Councilman Howe it was
agreed that when the council adjourn it
On motion of Councilman SWendson the
matter Of repairs to the sidewalk
to the street commissioner with instruc-
ton to make necessary repairs.
Councilman Howe offered the following
resolution, which was referred to COM
niittee on gas and electric lights:
RESOLVED, BY the mayor and council
of the city of Topeka that the superin-
tendent of the city electric light plant be
and he is hereby directed to place an arc
light at the intersection of Lincoln and
18th streets as soon as possible.
The following report from the streets
and walks committee WIS presented, and
on motion of Councilman swendson ac-
ton on the same was deferred until next
meeting of the cOuucifs
Your committee on streets and walks,
to whom was referred the matter of re-
paving Kansas ave, 8ase her with the re-
cent bids received for same, beg to report
that this committee has this date held a
committee. together with Mayor Davis
City Engineer McCabe City Attorney
Dreaming and CouncilmeH Howe Green
ana Horn We're present and upon full
discussion Of all phases of this matter
the committee agreed upon a report, in
substance set forth in the following res
olutions and statements:
RESOLVED, That in view of the law
governing cities of the first class, which
was plainly stated and read to the COM
mittee by the city attorney, it is the
sense of this committee that no pavement
on Kansas. avenue can be ordered by the
city council, to be paid for out of the gen
eral improvement fund.
RESOLVED, That the committee is of
the opinion that it would be unWise at
this time for the city to attempt to pur-
chase a municipal asphalt plant for the
purpose of repairing or resurfacine any
of the asphalt streets of Topeka.
RESOLVED. That in view of the opin-
ion Of the city attorney, the committee is
convinced that the only way by which
Kansas avenue can be paved is by pc
tttion of the resident property owners.
RESOLVED. That in view of the bids
Tor paving Kansas avenue, submitted to
the council at its last regular session. it
is tho opinion of this committee that
brick with asphalt filler is the best most
durable and cheapest, all things taken
into consideration The committee rec
ommends brick with asphalt filler as be-
suitable for the heavy traffic of said ave
nue.. If the avenue property owners,
pavement than brick the council will
gladly corporate with them.
RESOLVED Further by the commit
tee that the work be done on Kansas
avenue in accordance with the law as
presented by the city attorney, is strictly
repaving and not repairing.
Also in view of the opinion of the city
attorney, that in the absence of a valid
petition, as basis for the bids submit
ted, none of such bids can be accepted
and made the conditions or terms of
contract, your committee respectfully rec
Ommends that the certified checks fur
nished by the bidders be Con application
returned by the city clerk, to the respec-
tive bidders.
Respectfully submitted by order of the
COIlUlIILee-
S A swENDsON, Chairman.
Councilman Howe introduced an ordi-
nance to appropriate money out of the
sewer bond fund On motion of the same
councilman rule Is was suspended and
the ordinance was placed upon its final
passage. Each section was read and on
separate motion adopted. The ordinance
was then placed upon its final passage
and was adcDted by the following vote
Ayes-Councilrnen Ryder. Simms. Griley
Holiday Nipps. Green, Horn, Howe and
SWcnds0n-9. Noes-NOne.
Councilman Swendson introduced an or
d1nance providing for the condemnation
and appropriation of certain land in the
city of Topeka, Shawnee county, Kansas.
district to pay for the same and provid-
ing for the appointment Of appraisers
therefor and prescribing their duties
This ordinance was referred to committee
on streets and walks.
Councilman Green moved that the ques-
ton OF rules and rates Of the water
works department submitted by the trus-
tees. be recalled from the committee and
the motion was lost.
On motion of Councilman Swendson
council adjourned to meet Monday, No
vember 20, 1905
First published In Topeka state Journal