The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-04

maintain and operate railway lines in |
the city of Topeka, and to furnish heat, |
light and power in connection Herewith. /
and repeating all ordinances and parts
OF ordinances in conflict herewith and |
repeating original section 1 Of said Ordi- |
nance No. 2407.
Be It Ordained by the Mayor and Council |
men OF the City Of Topeka:
Section 1. That section 1 Of Ordinance
NO z4Uf, approved June 4, 1903, of the city
OF topeka, Kansas be, and the same is
1efepy, amended so IS to read as follows:
section l. That the Topeka Railway COM
pany, corporation duly organized un-
der and by virtue Of the laws of the state
Of Kansas its successors or assigns he /
ana the same are hereby authorized to
equip and re-equip, construct and recon-
tons of its present lines. of street railway
within the city of Topeka, and such new
hnes, as said company shall deem neces-
saIy Tor the creation Of a new system OF
railway in said city and to construct,
maintain and operate. in, over on and
through any of the streets, alleys, ave
nues, bridges, viaducts and other public
highways, exceeding twenty feet in width,
within said city, its line or lines of single
OF double track electric railway, with
necessary curves, switches, sturnouts and
connections and any pipes, conduits,
appliances by which to prOpel its cars on
said track or tracks, and by which to fur
nlsh in connection herewith, heat, light
and power by means of said pipes, con-
duits poles, wires, cables or other meth
DDS and appliances: Provided, That only
a single track shall be laid and maintain
ed on the Sixth avenue viaduct over the
Atchison, Topeka and Santa Fe and the
Missouri Pacific companies tracks; and
/ also 70 construct ana MAINTAIN uepots'
waiting rooms yards, shops. barns, build
ings. bridges. viaducts, power plants and
works, and other appliances for such pur-
posess or to be used in connection there
with, all for the period of thirty years
from and after the passage and approval
of this ordinance; that in addition thereto
11.f1-
by granted a right of way for a period of
thirty 800 years from and after the pass
age and approval of this ordinance
through what is known as Central Park
in said city, for its tracks as now located
/ it being expressly provided and agreed,
however, that the right of said company
to build any new line or lines of railway
over and upon any street, alley, avenue,
bridge, viaduct. etc, must be exercised
within the first six years of the life Of
this ordinance, and any street or part q
a street not built upon and used by said
the Topeka Railway company within said
time shall not thereafter be occupied ana
built upon by said company without the
consent of the mayor and council gwen
by ordinance duly passed ana approved; II
being further provided and agreed that
no line or lines of railway shall be built
over or upon the Melan Arch bridge
across the Kansas river or any otner
bridge on Kansas avenue, built Dy the
city or county, or any of the folloWng
streets, to-wit. Quincy street south OF
Seventh street; Harrison street; Topeka
avenue from the Kansas river south to
Seventeenth street; Tyler street; Fillmore
street. south of Fourth street; Clay street
from Fourth street to Tenth street; Green
wood avenue: WoodlaWn avenue5 Ashland
avenue; Park avenue, and Grove avenue
without the express consent OF the CITY
said the Topeka Railway company is
hereby authorized to construct, maintain
and use for the period of thirty t30l years
from and after the approval of this ord1-
nance, a single or double track bridge with
all necessary turnouts and approaches
! thereto across the Kansas river, or and
adjacent to Kansas avenue either on the
west or east side Of the present MEAN
Arch bridge, at the election or salo ran
way company; said bridge TO pc con
structed under the supervision OF the CITY
engineer of said city, In accordance with
plans and specifications to be prepared by
The railway company. Before the con-
sfr,7ction Of said bridge shall be COM
rnenced by the railway company, the plans
and specifications therefor shall be SUP
mitted to the mayor and council and snaIl
be approved in writing by the city engl-
neer, and such plans and written approval
by the city engineer shall be nied Win the
citv clerk Of said city. Said railway com
many shall keep and maintain said bridge
! IN a safe condition. and repair or replace
the same as the city council may direct
at any time when said bridge becomes uIl-
/ safe or in a dangerous condltlOn-
Said fhe Topeka Railway company IS
hereby authorized and required 70 con
struct complete, maintain ana use, TOT
i the period OF thirty 600 years from and
after the date of the passage and APPROX
al of this ordinance. the bridge or yladucss
now in Drocess of construction by It, to-
s-ets,er with the abl1ttnents or piers and
! fiji in connection herewith, along and up
on and adjacent to Twelfth avenue ex-
ltended easteriy in the city or Lopeka;
/ over and across the tracks OF the missouri
Pacific Railway company ana the Atcha-
son, Topeka and Santa F'e Railway com
I nanv said viaduct to be of steel and at q
height above said tracks of not less than
/ TWENTY-FIVE (Z2) feet IN the clear, sald
vfadrct to be constructed in accordance
with the plans of the same, which plans
SHAH be approved by the said Atchison,
Topeka and Santa Fe Fsallway company
and the Missouri Pacific Railway COM
panv and placed on file IN the onice OF
the city clerk for future reference; and
said the Topeka Railway company snail
/ ireen and maintain said viaduct IN q
/ safe condition and repair or replace the
same as the city council NAV direct az
any and all times when said viaduct If
+ in an unsafe or dangerous condition; said
viaduet being the one begun by the To-
peIza and Vjnewood Park Railway com
panv under Ordinance NO, 80 OF 1ne city
/ IF Toueka entitled IAN ordinance author
! izirg and requiring the Topeka and Vine
wood Park Railway company TO construct
and maintain a viaduct along and upon a
portion OF Twelfth avenue extended east
er1v over and across the tracks OF the
Missouri Pacific Railway company ana
the Atchison. Topeka and Santa Fe Rail-
Wherever said railway company shall
build and so long as It shall operate its
railway. It shall maintain and keep its
tracks and rolling stock IN good eondi-
ton
sec q That original section / of Ordi-
nance No. 24o7. approved June 1903, be,
and the same IS hereby. repealed.
| Sec g. That this ordinance shall take ef-
publication in the official city paper. and
lshaiI be a valid and binding contract be-
tween the city Of Topeka and the Topeka
Railway company from and after ifs ac-
ceptance by said railway company.
| passed the Council April . 1906.
Approved April 8 1906
Attest. J. H. sQUIREs. city clerk.