The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-06
LEGAL.
oRpINANcR No. Isl.

nal June s. 1SO5-I
ORDINANCE NO. 2sSH
AN ORDINANCE GRANTING TO THE
Chicago, Rock Island & Pacific Railway
Company the right Of way upon, across
and through the streets and alleys OF
the City OF Topeka as hereinafter pro
Be It Ordained by the Mayor and Council
men of the city Of Topeka:
Section l. That the right of way upon
which TO construct, maintain and operate
a SINCE track railroad, and such turnouts,
switches, sidetracks and connections as
shall be necessary and convenient Tor the
business of said company and the accom-
mediation of the public, and the right to
use and run its engines, cars and trains
is, hereby granted to the Chicago, Rock
Island & Pacific Railway Company, its
successors and assigns. The center line
of said track shall commence in First
avenue near a continuation Of the west
line of Jackson street and run thence
southeasterly upon, across and through lst
avenue and Jackson street. leaving Jack
sen street az some point on the east slde
OF said Jackson street between First ave-
nue. and the alley running east and west
between First avenue and Second street;
thence. after crossing property or the
said Chicago, Rock Island & Pacific Rail-
way Company between First avenue and
the alley running east and west between
First avenue and Second street, in q
sOutheaSterly direction upon, across and
through the alley running east and west
e~A-N-
and between Kansas avenue and Jackson
street, thence in a. sOutherly direction up
on, across and through the alley between
Kansas avenue and Jackson street as Tar
as the south line of Third street, and up
on, across and through Second street be-
tween Kansas avenue and Jackson street
in the city of Topeka.
Sec. 2. That the said The Chicago. Rock
Island & Pacific Railway Company shall
replace in a perfect condition of repair
all pavement taken up in the construction
of said single track railroad in all alleys
and streets fTaEGTSe0 by IL. and when any
street or alley traversed by said single
track railroad shall be paved or repaired
said The Chicago, Rock Island & Pacific
Railway Company shall pave OF repaVe
between its tracks and for a distance of
eighteen inches on the outside of its rails
with the same material used by the city
of ToOeka, all of said work to be done
under the direction of the city engineer
and to his satisfaction, and if on ten days
notice from the city engineer said paving
or repaving is not commenced and carried
out to completion, said paving or repavtng
may be done by the city of Topeka, and
the sad The Chicago, Rock Island g Pa
cific Railway Company hereby agrees to
Chicago. Rock Island & Pacific Railway
COMPANY shall also protect from Injury
all InanhOles in the alley trayersed by said
single track railroad and keep them in
perfect condition and repair. or, IL said
company shall fail or neglect to repair
said manholes after ten days notice from
the city engineer. the city of Topeka shall
railway company Said The Chicago, Rock
Island g. Pacific Railway Company shall
also construct and maintain proper Gull
verts and waterways at its own cost and
maintain suitable crossings over said
track at all streets and alley intersections,
/ the same TO be done under the supervision
and direction of the city engineer of the
/ city of Topeka
Sec. 8. That the said The Chicago. Rock
Island & Pacific Railway Company shall
I not oermit cars to remain on said track
or tracks in any of said streets or alleys
4 longer than may be reasonably necessary
1 for the loading, unloading or switching
thereof at the various industries or con-
nections at which the same may be placed
/ for such purposes.
Sec. 4 That the said The Chicago, Rock
4 Island & Pacific Railway Company shall
indemnify and save harmless the said city
of Topeka from all damages, costs or ex-
penseS growing out of any Judgments for
the payment of which the city may be-
come liable, to any person or corporation
by reason of the negligent construction or
operation of said railway track or tracks
IN the streets and alleys aforesaid, or by
reason of said railway company falling to
construct suitable and proper crossings
culveFts and waterways as herein prOVid-
ed; provided said railway company shall
receive notice IN writing from said city
of Topeka of the tendency Of such claims
or action and that the said railway COM
4 pany be given an opportunity to defend.
Sec. 5. This ordinance shall take effect
/ and be in force from and after its publ
/ cation in the official city paper
Passed the Council June T. 1906.
Approved June 5. 1905.
(Seal) w. H. DAVIS Mayor.
Attest: J. H. sQUIREs, city Clerk