The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-07
ORDINANCE 274s.

ORO1N ANCE Z743.
AN ORDINANCE PROVIDING ron
the repair. RECONSTRUCTION, rebuilding.
ana maintenance OF the viaduct over
s ne tracks Of The Atchison. Topeka 8
9S1Htta re and The Missouri sPacific
EEas ary Companies on Sixth avenue
East OF the city of Topeka. Kansas. and
authorizing the mayor of said city to
enter into a contract for said work and
dinances in confHct herewith.
Be 1t Ordained by the Mayor and Council
men OF the City of Topeka:
section L That, the viaduct over the
re and Missouri Pacifc RAILWAY Com
pSSnl r, on sixth avenue East in the city
rebuilt in accordance with the MANS and
specincations therefor, prepared by the
not to exceed si4ooo: and thai the c 9svo OF
~ rs, ana ne is hereby, directed to enter
half Of e said aft IN the name and on be-
ess responsible bidder, under the bids al
submitted. for the performance and
sec. z That said viaduct be repaired
nS ms s1ructed and rebuilt at the joint cost
u lne cry OF Topeka. The Atchison. To-
peka & Santa Fe Railway Company the
Missouri Pacific Railway Company and
Inc Topeka Railway Company, in propor-
tons and upon the terms and conditions
foIowing. to-wit.
First. The work shall be contracted for
carried on and completed in the name of
the city of Topeka, and under its sole SUI.
perv1sfon and control.
Second. That when completed said via
ouct snaH be and remain the sole prop
81 OF the city Of Topeka. subject only
20 20 the rights of The Atchfson, Topeka &
santa he and The Missouri Pacific Rail-
way Companies to maintain their tracks
ana operate their trains Hereunder and
subject to the rights of The Topeka Rail-
way company thereon, under the terms
81, IT'S franchise ordinance which are not
Third. That the city of Topeka shall
pay TOT JUS snare of repairing and rebuild
as much thereof as may be necessarvs and I'd
mere is hereby appropriated out Of the
Topeka the said sum of $4,000 or SO
saiI mercer as may be necessary for
Fourth, The Atchison. Topeka & Santa
re haltWay Company, The Missouri Pa
I Rnfi,, RaliWay Company and The Topeka
tneIr share of the cost OF the repairing
a. an a. .rreebunding said viaduct the sum Of
De paid into the city treasury Of said civ
OF topeka in the following manner, to-
VII: Inc amount contributed by The To-
pc paid in monthly INSTRUMENTS Of SOS 90
1907. and in addition The topeka RaiIW yI:
company snail pay the full cost of re-
al0oring and repairing its right of way
Dy me Atchtson, Topeka & Santa Fe
Railway Company and The Missouri Pa
paid into the treasury of said city Of
Topeka, in cash, within thirty days after
nance.
Fifth, In consideration OF the payment
of said sum of S. 1000. as Aforesaid bv
The Atchison. Topeka & santa Fe Rail
way Company and The Missouri Pacific
Railway Company and The Topeka Rail-
way Company Subject to its franchise or
dinance No 240O the city of Topeka agrees
and binds itself to maintain said viaduct
mand of any kind upon the said The
Atchison. topeka & Santa Fe Railway
Company and The Topeka Railway Com
pany, for any sum or sums for the nur-
pose OF maintaining, repairing, construct
Ing' re-constructing or replacing the pres
ent viaduct or any viaduct that may be
hereafter constructed over the tracks of
East IN the city of Topeka, during the
PERIOD or thirty years from the date said
9th day of June, 1903. The city of Topeka
fOF the same consideration. further agrees
20 annually inspect and repair said via
duct In order to keep 1T in a good state OF
preservation. and that it viii maintain the
said -vladuct subject to- the above condi-
It being further Understood and agreed
that The Topeka Railway Company Shall
right of way on said viaducf. during said
period, as required by the terms of its
said ordinance No 240z.
Sec. g. That within ten days after the
passage and approval of this ordinance
said The Atchison. Topeka & Santa Fe
Railway Company, The Missouri Pacific
Railway Company and The Topeka Rail-
way Company shall file with the city
clerk of said city their acceptance. in writ
ing, of the provisions. terms and condi-
lions of this ordinance: which said ac-
ceptance shall be duly acknowledged be-
fore some officer authorized to administer
oaths. This ordinance, unless SO accepted
shall become null and void, but when so
accepted shall be and become a valid and
binding contract between the city of To-
peka and said The Atchison. Topeka &
Santa Fe Railway Company, The Missouri
Pacific Railway Company and The Tope-
ka Railway Company
Sec That all ordinances and parts of
ordinances in conflict with this ordinance
pealed.
Sec. 5. That this ordinance shall take
effect and be in force from and after its |
publication in the official city paper, and |
its acceptance by said railway companies |
as herefnbefore provided.
Passed the Council Feb. 4, 1907.
Approved Feb. s. 1907
(Seall W. H DAVIS Mayor
Attest: ]. H. SOUIRES. City Clerk