The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-15
published in The Topeka State Journal
March 10, 1913
HOUSE BILL. NO go

HOUSE BILL NO. $50.
AN ACT to amend section J. chapter SO
Session Laws of 1911, and repeating said
original section.
Be it enacted by the Legislature of the
state of Kansas:
Section !. That section l. chapter 49,
OF the Session Laws of 1911, is hereby
amended to read as follows: Sec. 1. The
mayor and council commissioners of
cities of the first and second class shall
have the power to regulate the crossings
of railway and street railway tracks and
provide precautions and prescribe rules
regulating the same, and to regulate the
running of street railways or cars and
railway engines and cars in the city, and
TO prescribe rules relating thereto and to
govern the speed thereof: and to make
other and further provisions, rules and
regulations to prevent accidents at cross
ings and tracks of railways. and to
prevent fires from engines, and to require
all railways companies to erect viaducts
over or tunnels under their tracks "a the
crossings of streets. The mayor and
council or mayor and commissioners shall
have power to require any railroad com
pany or companies owning or opera ting
railroad street railway track or
tracks upon across any public street
or streets of the city to erect construct.
reconstruct. complete and keep in repair
any viaduct Viaducts upon over or
tunnels under such street or streets and
over under any such track or tracks.
including the approaches of such viaduct,
NiaductS tunnels may be deemed
and declared by the mayor and council or
mayor and commissioners to be necessary
for the convenience, safety protection
of the public. Whenever any such VIA
duct shall be deemed and declared by
ordinance to be necessary Tor the con-
venience safety or protection of the pub
lie the mayor and council mayor and
commissioners shall provide for apprais-
ing, assessing and determining the dam
age, if any, which may be caused to any
property by reason of the construction of
such viaduct and its approaches. The pro-
ceedingS of such purpose shall be the
same as provided by law for the purpose
of ascertaining and determining damages
10 property owners by reason of the
change in grade of any street. except that
such damage shall be paid by such rail-
way company companies. The amount
of damage thus ascertained and awarded
shall, upon notice by the city, be prompt
ly paid by the railway company or COM
panies interested and if any such company
shall fail to pay the same within ten days
from receipt of notice of the amount
thereof. then the amount so awarded shall
become lien in the proportion to the
amount each railway company Sndl pay,
if more than one company is concerned.
upon the right of way and all property
of such railway company and the col
lection thereof may be enforced by the
city in an action against such railway
company or companies so falling to pay
The width, height and strength of any
such viaduct or tunnel and the approaches
thereto, the material to be used therefor,
and the manner of construction thereof,
shall be as required by the mayor and |
council or mayor and commissioners
When two or more railroad companies
own operate separate lines of track
L
upon, above or below the grade, or where
any street railway company 1ntersectS
and crosses the track or tracks OF any
railroad company, the proportion Thereon |
and of the approa ches thereto to be con-
structed by each. and the proportion OF
cost to be borne by each, shall be deter |
mined by the mayor and council or mayor |
and commissioners. 1t shall be the duty
of any railroad company or companies
required, as herein provided. to erect, |
construct, reconstruct or repair any
Viaduct or tunnel, 10 proceed, |
within the time and in the man.
Me-. reouired bv the mayor and coun-
ell or mayor and commissioners, to erect |
construct, reconstruct or repair the same, |
and ii shall be a misdemeanor for any
railroad company or companies or street
railway company to fail, neglect or refuse |
TO perform such duty, and upon cohVlc-
ton, any such company or companies OF |
the superintendent or other OFFICER having |
charge of such railway company or street |
railway in the district or division where
such Viaduct or tunnel is to be erected or /
repaired shall be fined one hundred dol
lars or imprisoned in the county jail not |
less than thirty days, ana eaGh Jay suc - |
companies officers shall fan, neglect or |
refuse to perform such duty shall be DEEM |
ed and held separate offense; and IN |
addition to the penalty herein proVloed |
any such company companies shall be |
compelled by mandamus or other appro- |
pirate proceedings to erect construct, re,
construct or repair any viaduct or tunnel |
as may be required by ordinance as herein |
The mayor and councll or mayor |
and commissioners SHAH also nave Dove |
whenever any railroad company or com /
NAMES or street railway companies shall |
fail neglect or refuse to erect, construct /
or reconstruct or repair any viaduct. VIA
ducts or tunnel, after having been re-
ouired so to do herein provided, 10 !
nroceed with the erection. construction |
reconstruction or repair of the same by |
contract or in such other manner as may |
he provided by ordinance and assess the
cost thereof against the property of such |
railroad company or companies or street |
railway company. and such cost shall be /
a valid and subsisting lien against such |
nroperty and also shall be legal indebt- /
edncss of such company or companies in 4