The Topeka state journal., 1906-06-25
WHEN THE CITY LOST
Thought Maintenance of Viaduct
Would Cost $500 a Year.


For a consideration of $14.s6S, the
city council in 1889. relieved the santa
Fe and Missouri Pacific railroads from
the cost of maintenance of the East
Sixth. avenue viaduct The money
named above was to pay for building
a disputed, uncompleted portion of the
viaduct. Action was regularly taken
by the council though no records at
the city hall in the city clerks office
show that such an ordinance was
passed. The files Of the State Journal
of February 25, 1889, however, show
that the ordinance was passed. Ihe
State Journal was the official city pa
per at the time.
The councilmen in 1889 had a very
modest opinion of the cost of the an
nuaI repairs on the viaduct-they put
it at $500. The average expenditure
for each year runs close to $500, about
three times the original estimate.
The ordinance as passed does not con-
tain a section declaring the sections OF
all ordinances in conflict with the orig
ina1 are repealed but since this ordi-
nance was passed later than the con-
flicting ordinances it without doubt Will
take precedence The city ordinance
book is incomplete as regards this ordi-
nance at least and it would be good
idea to put it in now before the council
attempts at some future time again to
At the time the yiaduct was built the
city council passed an ordinance Feb
ruary IS, 1889, waving all rights, with
reference to this special viaduct, grant
ed by ordinance No. 615 granting the
Santa F'e rights of way on streets in the
vicinity of the viaduct. The section re-
lating to the viaduct states that the
Atchison, Topeka & Santa Fe railroad
company hereby agrees that whenever
the city Of Topeka shall construct at
its GJ1ff1 hlo retaining walls
and approaches for a Viaduct to extend
over the tracks of said railroad COM
pany on the right of way hereby grant
ed on Fourth Sixth, Eighth or Tenth
avenues, as said city may hereafter de-
termine, then said railroad company
shall within four months thereafter
erect and forever thereafter MAINTAIN at
it's own expense upon said approaches
and foundations good and substantial
viaduct with a double track for wagons
and double track for foot passengers;
the approaches, retaining walls and via
duct to be constructed upon plans to be
first approved by the city council and
city engineer of said city.
The construction of the viaduct COW
cred some time. On October 8. 1886,
the council let the contract for the con-
struction for the two approaches of
the viaduct to A. J. Tullock of the Mis-
souri, Valley Bridge company, for $685.
500. At this time the Arrangement
construct the viaduet proper. The ap-
prOaches were finished and the viaduct
was well along to the stage which
marks completion when the council
and railroad companies discovered that
tn ere was strip OF land between the
tracks of the Missouri Pacific and the
Santa F'e which neither road claimed to
own The two railroads agreed to
build the viaduct over the part of the
land owned by them but refused TO
f17n n0r7rfT11rfFr,, rP
the land which neither road owned.
This meant a gap in the viaduct Of 21O
feet The city council had encountered
a problem. At this development the
railroads played a wise game They
presented letters and legal opinions
from company attorneys and city Off
eials frem other towns to the effect
that it would be impossible for the
city to force the railroads to build the
portion of the viaduct over the 210
feet. The city council was impressed
with the letters and legal opinions and
thought that they we're about right
Then the railroad companies made the
proposition that they would bear the
expense of building the odd 210 feet.
costing S14 4,S6S. provided the city
would let them out of the cost of main
tenance of the structure in the future
The matter was turned over to the
committee on bridges which reported
as follows:
the city demand a settlement of the
question without recourse to the
courts. we have investigated carefully
the cost of maintenance of said via
duct and md it to be about $500 per
year.
ITO avoid payment of that amount
the city must go into court to compel
the companies to build the 21O feet Of
viaduct between their tracks and the
546 lineal feet Of Sidewalks. the total
cost OF which is S14.S6s. The rail-
road companies hold that they are not
liable, yet in their proposition agree to
build that portion provided that they
are relieved from maintenance. $14.-
S68 at s per cent. viii pay $500 per
year. the estimated cost of mafnte-
nance. and viii create q fund that viii
al the expiration Of thirty years re-
place the whole structure. We there
fore recommend that the council pass
the ordinance requested and enter into