The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-10
DRAWS THE Line.
Much MOOted Paving Question
Settled in Kentucky.
When Work Is Repairing and
When Repair.
EFFECT In TOPEKA.
May Lead to the Repair" OF
Quincy Street.
Also Simplify Fixing Up the
Other Streets.

The court of appeals in Kentucky in
a decision just handed down decides
that repaving is repair unless there is
nothing left of the original pavement
which can be used except by tearing
1t up.
Armed with this decision which di-
rectly concerns a question raised last
year in Topeka with respect to the re-
paving of Kansas avenue and other
asphalt paved streets. a demand will
be made on the city that it repair
some of the worst stretches of asphalt
pavement in the city. A quiet move
ment is now on foot to formulate
these demands and file them with the
city council when the proper occasion
arises Should the council refuse it is
probable the interested property own
ers may bring legal action to force the
city into line. The whole question at
issue is where does repair leave off
and reconstruction commence?
1t is claimed with reference to the
Kansas avenue paving that because
the surface sheet, the asphalt had
been worn out and that nothing was
was new work and not repair.
The decision of the Kentucky court
holds that as long as any of the
original pavement remains in place
and is used in reconstruction it is re-
pair work and not new paving.
1t is claimed that property owners
on Quincy street. where the pave
ment has badly deteriorated will be
among the first to avail themselves of
the opportunity of raising the ques-
ton again. F. G. Dreaming, city at
torney, held with reference to the
Kansas avenue paving that it was new
work and not repair.
The disinclination to assume the re-
sponsibility is based on who is to pay
for the paving. If it is reconstruc-
property abutting and the city at
large pays for the street intersections
TO be paved. If it is repair work the
whole city at large contributes for the
paving and all property is assessed
alike.
It means a material difference to the
property owners who live or own prop
erty abutting on the asphalt paved
streets of Topeka where such streets
show deterioration to a marked degree.
Thirtv-one blocks of asphalt paving in
Topeka will have to be replaced shortly
with new pavement. either brick or
asphalt will have to be contracted for.
Quincy street. Jackson street East
Fifth street contain the long stretches
of paving which is full of holes. grad
ually growing larger the longer it is
subjected to the wear and tear of daily
use The city has purchased a small
aSphalt repair plant with which 1t eX-
poets 70 take care of Harrison street and
some of the other portions of asphalt
pavement where little work will place
It in good shape. But thirty-one blocks
of pavement exist on which no small re-
pair work will suffice. the asphalt in
places has lost its life In this pavement
patching is thrown away because the
old pavement Immediately begins to
wear away around the place newly re-
paired. Financially the fight If waged
to force the city to repair is going to
test the resources of the city treasury
and will preclude any plans for other
paving operations. Thirty-one blocks OF
asphalt paving would cost the city close
to S135. 0OO
This amount of money would have to
be taken out of the general improve
rnent tax which is a general fund sorely |
taxed to its limit and for which the city
IS already levying mills or the max
lmum allowed under the law.
The Kentucky decision is the first one
which is directly analogous to local con- |
ditions. A brief citation of it appears |
In the Municipal Journal and Engineer
as follows:
Resurfacing Is Repair, Not Recon-
struction.
was paved twelve years ago with as
phalt on a concrete foundation. In |
1906 the city council passed an ordi- |