The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-24

LEGAL.
second subdivision of section 6 of Ordi-
nance No. 2407 for all materials taken up
and used on said street by said company;
right of way beginning at the
intersection of Euclid avenue and
on buchanan street to the in
tersection of Buchanan street and Twenty
tha t before 5e lad Fee
peka Railway Company shall occupy and
use said Buchanan street between the
pense and under the supervision and direc-
tion of the city engineer, widen the ma
cadam roadway on Buchanan street be
street SO that the driveway or road,bed
the width Of the brick pavement immed-
lately north; and, provided. further, that
the right of way herein granted on all
Tenth avenue to Third street and on Blu
chanan street south of Seventeenth street
is granted upon the condition that the said
The Topeka Railway Company shall pay
over to the city treasurer the original
cost of the center eight feet of the pave
ment on said streets, less a fair and rea-
sonable deduction for depreciation the
same to be collected paid over and dis
tributed in the same manner as hereinbe-
fore provided in reference to the pavement
on Buchanan street.
Sec. 2. That said The Topeka Railway
Company be and it is hereby authorized
to remove it's present tracks, switches,
turnouts poles, wires and other appliances
from Euclid avenue between Clay street
and Buchanan street, and from Clay street
between Euclid avenue and Twenty-fourth
street and from TWenty-thtrd street be-
tween Clay street and Buchanan street;
and that said The Topeka Railway Com
to place it's right- elS in said streets
from which it's said tracks shall be re-
moved. In the same condition as the other
Sec. B. That for the purpose of con-
strueting, maintaining and operating its
and alleys herein authorized. and for the
purpose of installing and maintaining the
poles, conduits, wires and other appliances
of railway, said railway company shall
have and it is hereby given the right and
streets, avenues and alleys and to make
such excavations therein as may be nee
essary for said purposes.
Sec f. The lines of railway herein au-
thorized shall be subject to all the provls-
Sns the and
and operation Of the present lines of SAD
where applicable, and said Ordinance No.
2407 is here especially referred to and
made a part hereof in SO far as applicable,
the same as If fully written out herein.
Sec. S. That the said The Topeka Rail
way Company hereby agrees to keep its
tracks and right of way located on the
west side of Central Park in an attractive
and slightly condition, to keep said tracks
and right of way free from weeds and to
seed the ground occupied by said tracks
and right of way to grass
b.
Topeka Railway Company will build and
extend its lines of railway upon all the
streets, avenues and alleys, hereinbefore
designated, the said The Topeka Railway
Company shall, at or prior to the time OF
the acceptance of this ordinance, execute
and deliver to the city of Topeka a good
and sufficient bond in the sum of fifteen
thousand dollars ($15, 100000, signed by
some responsible guaranty company as
surety and conditioned that said The To
peka Railway Company shall construct
and fully complete all extensions of its
lines of railway upon all the streets, ave-
nues and alleys, hereinbefore designated,
within three years from and after the
date of the taking effect of this ordi-
nance; excepting the line on Twelfth
street. the line on Madison street, the line
on Fourth street and the loops and side
tracks and wye at the three railroad
of said The Topeka Railway Company to
execute and deliver said bond to the city
of Topeka, at or prior to the time of the
acceptance of this ordinance. shall work
a forfeiture of all the rights and privileges
granted herein to said The Topeka Rail-
way Company, and this franchise and ordi-
nance shall thereby become null and void
Sec. Z. That this ordinance shall take
effect and be in force from and after its
shall be a valid and binding contract be-
tween said city of Topeka and The To-
peka Railway Company from and after
its acceptance by said railway company
in the manner prescribed by the terms of
said Ordinance No. 2407.
Passed the Council March q, 1910.
Approved March %, 1910.
[Seal.J VIM GREEN,
Attest. n d RTrRGE C;txy C,Iarl-