The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-05
CITY MAKES DEAL
Promises to Keep Up Viaduct
Forever.
Condition Upon Which Kali
roads Help in Repairs
ONLY A MILD PROTEST
Contract Is Not Submitted to
City Attorney.
Councilman Green and Mont
gOmery Oppose Move.
ONLY MILD PROTEST.


For the sum of Sc. 400, donated by the |
Santa Fe railroad. Missouri Pacific ana /
the Street Railway company TOWARDS
the reconstruction of the East SIKH
avenue vfaduct it agrees and blnos II
self TO maintain said vfsduct ard not
TO make any further claim or derlanu
of any kind upon the companies Tor any
sum or sums for the purpose or mann
tanning. repairing, constructing reeon
structing or replacing the present VIA
duct or any vfaduct that may hereafter
be constructed over the tracks OF the
railway companies on East sixth ave
nue. for the period Of the life or the
present franchise of the Street Railway
corpauy-27 years.
Before this bargain was made last
night these were the only conditions ex-
istfng between the city and those cor
poFations-
An agreement with the Santa F'e and
Missouri Pacific that the city should
maintain the vfaduct without cost to
the two railroad companies
A franchise provision which permits
/ the street railway to use the viaduct- 1
The city now gives its word that lor
IS 400 il shall maintain the present VIA
| due- for the Street Railway company
without further expense TO them II
double tracks are built over the struc-
ture by the Street Railway company
/ and the Oakland traffic GIvIrted lh1As
wav and the viaduct is badly damaged
Z by the strain the city must pay Tor InS
| repairs-heavy as they may be- II is
+ even a question whether the Vladuel
| can be torn down by the city under the
/ provisions of the new agreement II
the damage to the viadUcr should run
I1p to $50. COO by the wear and tear sub
I jected to 1.-THE city would have to meet
/ the whole burden II the bridge should
{ be cOu1pIeteIy worn out and q new VIA
/ duct reconstructed within the next q
/ years the city would have to MAINTAIN
/ The agreement also does more than
/ reaffirm the prior contract existing pc
I tween the city and the Missouri PACING
and Santa Fe railroads, the only re-
[ quest made by the railroads hrst Wnen
/ asked for dona ton this Wlntert II
makes 4 new contract with new terms
{ The cid contract made when the VIA
gI1cr was first built stated that the city
{ would relieve the railroads from MAIN
( tenauce OF the vIaduCU-lt did not prom
Use the maintenance OF the present VIA
/ duet Further in case CT the ccnStruc-
tior of a new viaduCt there was nothing
| binding upon the city TO keep it from
! asking for the railroads 70 eontrlpuIe
towards the maintenance If 4 new VIA
! duet is built within the next z years on
/ East Sixth avenue the new AGREEMENT
provides this maintenance feature
SNAP Judgment was taken upon the
/ new contract-ord1nance last sVehlhs :;
4 The whole contract was drawn ana
| prepared by the corporations interest
I I'd and but few members Of the coun-
oil knew in advance Of last night what
4 il would contain To majority When
+ba contract was presented in the
council chamber il was the first OPP
| po-tunfty they had Of learning what
/ clauses or provisions 1T contained II
| never was IN the Office Of the city at
( -or1av A contra ct-Ordinauce should
at least be submitted to the legal De
i rarrmeut of the city before II Is pre-
sented to the council
There has seemingly been grow
ing tendency on the part Of persons
desiring action on contracts oral
nances and franchises 10 brlng mem
already drawn up 70 the couhclI win
out submitting q copy to the legal de-
rartuent in advance This IS q prac-
tice that has met condemnation from
1 a number of couucilmen and Is more
over against the provisions oA Inc ely
Tna Observation-Disclosures was pre-
! scented and the council adjourned 70
| permit the streets and walks eorl llL-
| Tee to take up the contract pass upon
n and recommend IL back TO the coun-
| ell for passage The committee met
for about d half an hour and returned
4 recommendation
railway company. appeared before the
committee and said that under No
/ other agreement would his company
/ come in and put up any money mat
( his contra ct-crdfnance must be passed
/ If the city wanted the money
Mr. Dsran stated that he had had
/ a hard time with L. e MY efs' NiG1
tnresident of the com pany. 10 get MIN
10 agree to anything but an agreement
from the city for a perpetual main
tenance-
70 the portion Of the proposed con-
tract which provided that there must
be maintenance OF any VladucI CON
structed on East Sixth avenue Wlth1n
the next 81 years He stated that tbs
pfaducr is being used largely by the
street railway now almost TO the ex-
cIusfon of any other interest and tina
the use CT heavy ears iater on Woule
probably wrack the viaduct-
G. K Holiday made a characteristic
prosperity speech and stated that i
was a move towards greater Topeka
| WHY 1 tell you" said he I would
ike 20 see that viaduct wracked dowr
BY reason Of the heavy traffic acres
When the council reconvened Z
hear the report Of the committee r
G. Dreaming. city attorney. advised
against the signing Up of the contract
re said The street railway has go
/ If il an unjust negotiable agreement
Some day you will regret II and th'
ronDauy may whfri into court with
write Of mandamus TO compel US Il
rebuild
Its not much of a risk said Hoi
s.Weu, say it is a risk said Dren
-T71a estimated cost of the recon
s4rI1ctiou is about $500 The stree
| railway agrees TO repair its right o
| wav which it is said viii cost $500
/ in addition the street railway compan.
and the Santa F'e company will con
! tribute S5,400 and the Missouri Pa
cific $1,000. This leaves the city L
raise 5000
ton Couueilmen Graen and Montgom
/ erv voted no: ayes. Councilman Nipps
Swendson, Holiday, Horn, Howe