The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-09-14
ORDINANCE NO. 4Os3.

AN ORDINANCE, supplementary r.
Ordinance No 24O7, authorizing The To-
peka Railway Company, it's successors
or assigns, to construct, maintain and
operate freight railway line or switch
street line a tangent west through
| Seventh street into the property of The
Topeka Edison Company, situate at the
southeast corner of Seventh and Van
Buren, streets.
BE IT ORDAINED BY THE BOARD OR
COMMISSIONERS OF THE CITY OF
Section L That the Topeka Railway
Company, corporation duly orga nfzed
under and by virtue of the Laws of the
7 State OF Kansas, its successors or as
\ signs, be, and the sane are hereby. an
thorized to construct, equip, rnaintain ana
operate a single track freight RAILWAY
! line switch, which line. or switch when
completed, shall be not closer than five
| feet from the curb line at the southwest
! corner OF Seventh and Jackson streets
and not closer than eleven feet from the
curb line at the north side of Seventh
street between jackson street and Van
/ Buren, street. extending from the present
tracks of said The Topeka Railway Com
pany at a point on Jackson street south
OF seventh street over and through Sew
Iopeka Edison Company situate at the
southeast corner of Seventh and Van
Buren streets, with necessary connections
and pipes, copdufts, poles, wires, cables,
or other means and appliances by which
to propel Its cars on said line switch,
for the term of twenty years from and
after the date of the taking effect of this
ordinance.
Section 2. That for the purpose of con-
STRUGGLING, operating and maintaining said
freight line, and for the purpose of in
stalling and maintaining the poles, con-
Quits and wires necessary for the opera
ton of said line of railway or switch, said
Hallway Company shall have the right
and authority to enter in and upon jack
son and Seventh streets, and to make
therein such excavations as may be nee
eSSary Tor the construction and operation
of said freight railway; the said excava-
tons made in said streets may be of such
dimensions as may be necessary for the
construction, operation and maintenance
of the railway line or switch herein au-
thorized to be constructed and operated
Section 3. said The Topeka Hallway
Company, It's successors or assigns, is au-
thorized to transport coal or other freight
over said line or switch between the
hours of twelve o'clock midnight and five
O. clock a. M; but in no event shall any
car or cars be permitted to stand upon
said line or switch for any length of time.
Section 4. Said line or switch shall be
constructed, maintained and operated, ex-
cept herein specifically provided, sub
jeet to and in accordance with the pro-
visions, terms, conditions and limitations
governing the construction maintenance
and operation of its railway in the City
of Topeka as defined and prescribed by
the same as if fully written herein.
Section 5. AS consideration for the
granting of this franchise said The To-
peka Railway Company. at, or prior to,
hereinafter provided, shall pay into the
treasury of The City of Topeka, the sum
of Twenty-Five Dollars (s25.00) in cash.
And, as an additional compensation for
the granting of this franchise, said The
Topeka Railway Company, its successors
or assigns. shall annually, during the ex-
istence of such franchise, pay into the
treasury Of The City of Topeka the sum
of Ten Dollars $1,000
Section g. That within thirty days after
the date of the taking effect of this ordi- |
nance, said The Topeka Railway Com
city its acceptance in writing OF the pro-
visions, terms and conditions of this ordi- |
nance, which acceptance shall be duly |
acknowledged before some officer au- /
thorized to administer oaths. This ordi- /
nance, unless SO accepted. shall become /
null and void, but when so accepted, shall /
be, and constitute, a contract between the |
way Company At the time of the accept /
ance of this ordinance the said, The To-
peka Railway Company, shall pay into 1
the treasury of the City of Topeka, a |
sufficient sum of money to pay for the /
publication thereof.
Section T. This ordinance shall take
effect and be in force from and after the
its final passage, and shall be a valid and +
binding contract between the said City. Of /
Topeka and said The Topeka Railway
from and after its acceptance by 1,
said Railway Company as hereinbefore I
provided
Passed the Board of Commissioners.
Approved, September s. 1911.
J. B. BILLIARD.
Att Attest: c. B. BURGE. city Clerk.