The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-27
ORDINANCE NO. 3073.

ORDINANCE NO. 3O73. |
AN ORDINANCE TO regulate the con-
ways in the City of Topeka, providing |
penalties for the violation of the same |
and repeating Ordinance No $50. ap-
proved November Is, 1857.
BE 1T ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF
Section L Every person, firm or cor
poration engaged in the business of con-
STRUGGLING or operating any street railway
IN the city of Topeka shall be governed .
by and be subject to all the. provisions
and requirements OF this ordinance
Sec . GRADES. The tracks of every
street railway shall be laid and kept on
the established grade of the streets or
avenues as they are now or may hereafter
corporation constructing or operating such
street railway shall construct and MAIN
ever and wherever required by the city,
said culvertS to be constructed and main
tanned under the supervision OF and IN
engineer of said city Provided, that
wherever the grade of any street, over
which such person, firm or corporation
shall not have been established, then in
such case such person. firm or corpora
track of such street railway on the sur
lace OF the street: Provided, also;
be estab MesedyeT Said 5sd Fa or eor
poration shall place the tracks OF its
street railway to such established grade
and. Provided further that such person,
firm or corporation having once built the
track or tracks of such street railway to
the grade established by the city, any fur
ther expense due to the raising or lower
ing of such established grade shall be
person. firm or corporation shall con-
struct and maintain suitable croSS-walks
between the rails Of such street railway
and for distance of eighteen inches on
each side thereof, and shall construct and
maintain suitable pianking or other ma
terial across the tracks of such street
railway for distance of eighteen inches
on each side thereof at all street inter-
sections, so as to enable vehicles TO cross
said tracks with ease, safety and facili-
w. PAVING s-, n.rsor f,-r
or corporations constructing or operating
any street railway in said city. shall at
any time any pavement is laid or relafd
by the city. or at the time OF first occu-
tracks OF such street railway and for a
distance of eighteen inches from the out
side of the rails thereof, with the same
course of vitrified brick on concrete or
other substantial foundation, subject To
ner following. to-wiI:
First Street occupied not paved.
ready Occupied by any Street railway
which has not heretofore been paved, the
right OF way OF said railway shall be
paved as above prescribed
Second Street previously paved When
ever any person, firm or corporation con-
structing or operating any street railway
in said city shall occupy with the tracks
of such street railway any street previous
ly paved, said person, firm or corporation
on their right of way. and shall then
have the right, at their option, to either
so taken up and use the same in repaving
said right Of way, or such person, firm or
corporation may allow the city to remove
such paving material. and in such case.
such person firm CORPORATION snail
furnish the material to replace the ma
teTial thus taken up by the city d n Tas
by such person, firm or corporation shall
be ascertained by three disinterested free
BY the city one By such person. firm or
corporation and these two shall choose
the third; and these three shall meet at
the place where said paving has been
taken up by such person. firm or corpora
ton, and taking into consideration the
value of said material at the time of such
appraisement, shall appraise the same
and their appraisenent shall be the value
thereof.
shall repave any street occupied by any
street railway, the right OF way OF SUCH
railway shall be repaved as above pre-
scribed: Provided, That the material upon
its right of way is of the same age and
in the same condition of decay as the
payements in the other parts OF said
Fourth. Replace Pavement. Upon all
streets on which the tracks of any street
pavement laid, the person, firm or cor
poration constructing or operating such
railway shall have the right. IN recon.
of way of such railway, TO take up and
replace such pavement without further
compensation to the city
Fifth. Abandonment of Street When
ever any street is abandoned by the per
son. firm or corporation constructing or
operating a street railway in said city,
all tracks, ties and other street railway
appliances shall be removed therefrom.
and such street shall be promptly placed
in as good condition by such person, firm
or Corporation as the remainder of such
street; and where any such street IS
paved at the time of such abandonment,
the space in such street from which the
tracks of the company have been removed
shall be promptly repaved with the same
material as the remainder of such street
by the person, firm or corporation operat-
ing such street railway at their own ex-
Sixth Surface of Pavement The sur
face OF the pavement laid in the right OF
WAY OF any street -a Ta w On shi xe az Wits l
the surface of such ran. so that any
vehicle may cross said ran along the
and facility The general surface Of the
pavement between the rails shall be on
level with that just outside the rails; and
said pavement shall be kept in good re-
pair by the person, firm or corporation
constructing or operating such railway
during the use OF the streets occupied
Seventh Supervision of city engineer.
All paving and repaying of the right or
way of any street railway shall be done
under the supervision of the city engi-
neer.
Sec 4. DIRT AND OTHER MATERIAL
That in the construction, building or re-
building of any street railway in the city
of Topeka, no person, firm or corpora
ton shall deposit. pile up or scatter dirt,
stone or other refuse matter in the street.
avenue lane or alley along and adjacent
TO said street railway track; but all dirt
stone or other refuse matter shall be load
ed into wagons or carts and hauled away
from the ditch or trench In which the eX-
cavation is being made.
Sec. 3 PLACING OF TRACKS. The
center of the track of all street railways
shall, as nearly as possible, be construct
ed in the center of the street. except
when two tracts are laid, when the center
between the tracks shall be nearly as
practicable in the center of the street, I'M
less the location OF such track or tracks
shall be otherwise authorized by an order