The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-04
the tribunal in which the city seems
to have instituted its proceeding.
History or Agreement

the tribunal in which the city seams
to have instituted its proceeding.
History Of Agreement.
I'm 1889 the city wanted viaduct
on. Sixth avenue over the Santa Fe
and Missouri Pacific tracks to accom-
modate the people of East Topeka,
and offered to maintain such . struc-
ture. If the railway companies would
build it. The proposition was accept
ed. The railway companies construct
ed the viaduct without. cost to the
city, and the council agreed to MAIN
tain it, enacting an ordinance to that
effect. from which the following Sec
ton Is q part:
The party of the first part Getty of To-
peka) does hereby agree to bind itself to
forever release the parties of the second
and third parts Santa Fe and Missouri
Paciffc) from the maintenance of said
viaduct or any part thereof, and agrees
to obligate itself to and does hereby as
sumo control of the said viaduct. and
same, and not to make any claims or de-
mands of any kind or nature from the
said parties of the second and third
parts. or their successors or assigns, for
maintaining said vfaduct. or approaches
thereto.
In Need Of Repairs.
I'm 1907, the viaduct was sadly in
need of repairs. and the city of To-
peka coyly approached the Santa Fee
and Missouri Pacific. and the Street
Railway company (Which by that
time had acquired right to operate
its line over the structure) with the
view of getting help in defraying the
expenses. AS a result OF the negotia-
lions, the Santa Fe and Missouri Pa
cific, and the Street railway company
agreed to contribute $4,000 toward
the repair bill, or about half the total
cost. and the Street Railway COM
part of the structure. the city of To-
peka to pay the balance of the bill, or
about $1,000. The railway companies
agreed to the enactment of a new or
dinance. from which the following
section is taken:
In consideration of the said sum Of S. 100
from the Atchison. Topeka & Santa Fee
Railway company, the Missouri Pacific
Hallway company and the Street Rail-
OF saS viayct an hy the al
company, the City of Topeka agrees and
binds itself to maintain said viaduct, and
not to make any further claim or de-
mand of any kind upon the said company
for any sum or sums for the purpose Of
repairing, maintaining, constructing. re-
constructing Or replacing the present via
duct or any viaduct that may hereafter
be constructed over the tracks of said
company on Sixth avenue east for q
period of 80 years from June 8, 1903. and
further agrees to annually inspect and re-
pair said viaduct in order to keep 1t in q
good site of preservation. and that it
will maintain the said viaduct subject to
the above conditions for a period of 30
years from June g. 1903
This ordinance was approved Feb
ruary 6. 1907, by Mayor Davis. In the
first ordinance the city agreed to main
tain the viaduct for all time. In the
second ordinance the city reduced the
- L. -
railway company's franchise. The city
was entirely within its right in each
instance. The law gives municipality
authority to contribute toward i'm
provements such as the Sixth avenue
viaduct and in the case in point, the
contribution of the city of Topeka was
the maintenance of the viaduct, OF
rather. the promised maintenance. for
! the city really has done little maintains
ing since it contracted to do so, else
the viaduct would not be in such di-
lapidated condition.
| The city proposes at this time to re-
lpadiate the whole business and make
the railway companies take care OF the
viaduct. I submit that the railway
companies have acted in good faith
with the city in the viaduct matter
and have done all that can reasonably
be expected of them. Further demands
would be unfair.
the heaviest taxpayer in Topeka. The
Illinois Traction company. which owns
the street railway company, comes
next. These two corporations would
pay much more than any other two
taxpayers toward the city's expense IL
! repairing the viaduct. There is no rea-
son for the demand that the railway
companies pay more than their JUS
share of taxation.
! II want to call your attention tt
I these facts.
1.-The Santa Fe's taxable property IL
Topeka is s., 565, 1865. 1t employs abou
$500 men and women. who live in To
peka. Its annual payroll here is more
than three and half million dollars
I, and practically all of it is spent will
Topeka business firms. The compan.
always has been ready to do its par
toward the city of Topeka. and I be
lieve the people of Topeka desire tina
the municipal government shall be fai
in it's dealings with the Santa Fee, ant
, that contracts entered into in goot
/ faith shall be respected