The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-07

IPnblished in The Topeka State Jour-
nal June z, 1861
ORDINANCE NO. 2sss.
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
vided-
Be It Ordained by the. Mayor and Councils
men 81 the .eltysofs Topeka;
Section l. That the right OF way upon
Whleh 10 construct, maintain ana operabe
SINCE track railroad, and such turnouts,
switches, sidetracks and connections as
business of said company and the accom-
mediation of the public, and the right 70
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
avenue and Jackson street, leaving Jack
son street at some point on the east side
nue. and the alley running east and west
between First avenue and Second street;
thence, after crossing property Of the
& Pacific Railway Company be-
tween First avenue. and the al
ley running east and west between
First avenue and Second street, in
southe asterly direction upon across and
through the alley running east and west
and between Kansas avenue and Jackson
street. thence in 8. southerly direction up
on, across and through the alley between
Kansas avenue and Jackson street as far
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 >. 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 traversed by it, and when any
street alley traversed by said single
track railroad shall be paVed or repaved
said The Chicago, Rock Island e Pacific
Railway Company shall pave or 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 To0eka, 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 coInpletion said paving or repdVlne
may be done by the city of Topeka, and
the said The. Chicago. Rock Island & Pa
ciflc Railway Company hereby agrees to
pay the cost of the same. The said The
Chicago, Rock Island & Pacific Railway
Company shall also protect from injury
all manhOles In the alley traversed by said
perfect condition and repair. or. If 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 & Pacific Railway Company shall
also construct and maintain proper cuI-
verts and waterways at its own cost and
maintain suitable crossings over said
track at all streets and alley intersections.
I the same to be done under the supervision
and direction of the city engineer Of the
city OF Topeka.
Sec. 3. That the said The Chicago Rock
Island & Pacific Railway Company shall
not permit cars to remain on said track
or tracks in any of said streets or alleys
/ longer than may be reasonably necessary
Tor the loading, unloading or switching
thereof at the various industries or con-
nections at which the same may be placed
for such purposes.
Sec. l. That the said The Chicago, Rock
Island & Pacific Railway Company shall
indemnify and save harmless the said city
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
1 operation OF said railway track or tracks
IN the streets and alleys aforesaid, or by
reason OF said railway com paT5r falling to
isconstruct suitable and proper crossings.
l-culverts and waterways as herein zproVii1-
4 ed. provided, said railway company shall
Of Topeka of the tendency eff such claims
or action and that the said railway COM
pany be given an opportunity to defend.
/ Sec 5. This ordinance shall take effect
and be in force from and after its publi-
| cation in the official city paper.
| Passed the Council June T. 1905.
/ Approved June 3. 1906.
Attest: J. H. sQUIREs. city Clerk