The Topeka state journal., 1911-09-21
ORDINANCE NO. 1888.

AN ORDINANCE, supplementary to
Ordinance No. 2407, authorizing The To-
peka Railway Company, its successors
or assigns, to construct, maintain and
operate a freight railway line or switch
extending from its present Jackson
street line on 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 OF
COMMISSIONERS OF THE CITY OF
Topeka:
Section 1. That the Topeka Railway
Company, corporation duly organized
under and by virtue of the Laws of the
State of Kansas. its successors or as
signs, be, and the same are hereby, au-
thorized to construct, equip, maintair and
operate a single track freight railway
line or 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
tracks of said The Topeka Railway Com
pany at a point on Jackson street south
OF Seventh street over and through Sew
enth street and into the property of The
topeka Edison Company situate at the
southeast corner of Seventh and Van
Buren streets, with necessary connections
and pipes, conduitS, poles, wires, cables,
or other means and appliances by which
to propel its cars ON said line or switch,
after the date OF the taking effect of this
ordinance
Section 2. That for the purpose of con-
Suuct1ng, operating and maintaining said
freight line, and for the purpose of in
stalling and maintaining the poles, con-
duits and wires necessary for the opera
ton of said line of railway or switch, said
Railway Company shall have the right
and authority to enter in and upon Jack
son and Seventh streets, and to make
therein such excavations Is may be nee
eSsary for the construction and operation
of said freight railway; the said excava-
tionS 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-
Section g. Said The Topeka Railway
Company, its 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 q. m; but in event shall any
car or cars be permitted to stand upon
said line or switch for any length of time.
Section l. Said line or switch shall be
constructed, maintained and operated, ex-
cept as herein specifically provided, sub
ject to and in accordance with the pro-
visions, terms, conditions and limitations
governing the construction. maintenance
and operation of it's railway in the City
of Topeka as defined and prescribed by
said Ordinance No. 2407 where applicable,
the same as If fully written herein
Section 5. AS a consideration for the
granting OF this franchise, said The To-
peka Railway Company, at, or prior to.
the date of the acceptance thereof, as
provided, shall pay into the
treasury of The City of Topeka, the sum
of Twenty-Five Dollars ($25.00) in cash.
And. as an additional compensation for
the granting of this franchise, said The
Topelxa 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 6. That within thirty days after
the date Of the taking effect of this ordi-
pany shall file with the city clerk of said
city it's acceptance in writing of the pro-
visions, terms and conditions of this ordi-
nance. which acceptance shall be duly
acknowledged before some officer au-
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
City OF Topeka and said The Topeka Rail-
way Company At the time of the accept
ance of this ordinance the said, The To-
peka Railway Company, shall pay into
the treasury of the City of Topeka, a
sufficient sum of money to pay for the
publication thereof
Section 7. This ordinance shall take
effect and be in force from and after the
expiration of sixty days from the date of
It's 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 |
said Railway Company as hereinbefore
Passed the Board of Commissioners,
September 5, 1911
J. B. BILLIARD.
Attest: c. B. BURGE. city Clerk