The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-04-02

Published in The Topeka State Journal,
April =, 1911


SENATE BILL NO. 1:5S.
RELATING to street crossings and regulat-
ing running of street cars and trains in
cities of the first class with a population
of over $4,000. An act supplemental to
section ITO, General Statutes of 1915.
Be 1t enacted by the Legislature of the
State of Kansas:
commissioners of cities of the first class
with a population of over $4,000 shall have
the power to regulate the crossings of rail-
way 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
fires from engines, and to require all rail-
way companies to erect viaducts over or
tunnels under their tracks at the crossings
of streets The mayor and council or
mayor and commissioners shall have power
panies owning or operating any railroad
or street-railway track or tracks upon or
across any public street or streets of the
city to erect, construct, reconstruct, COM
plete and keep in repair any v:aduct or
viaducts upon or over or tunnels under
such street or streets and over or under
such tracks, including the approaches of
such viaduct viaducts tunnels as may
necessary for the convenience safety or
protection of the public. Whenever any
such viaduct shall be deemed and de-
convenience, safety protection of the
public, the mayor and council or mayor
anu commissioners snail provide for
praising, assessing and determining the
damage, If any, which may be caused to
any property by reason of the construction
OF such viaduct and its approaches. The
proceedings for such purpose shall be the
same as provided by law for the purpose of
ascertaining and determining damages TO
property owners by reason of the change in
grade of any street, except that such dam
age shall be paid by such railway company
or companies. The amount of damage thus
ascertained and awarded shall, upon notice
by the city, be promptly paid by the rail
way company or companies 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 shall pay, if more than one com
pany is concerned, upon the right of way
and the collection thereof may be enforced
by the city in an action against such rail
way company or companies failing to
pay. The width. height and strength of
any such viaduct tunnel and the ap-
proaches thereto, the material to be used
therefor, shall be as required by the mayor
and council or mayor and commissioners.
When two or more railroad companies own
or operate separate lines of track to be
crossed by any such viaduct, either upon,
above OF below the grade. or where any
street-railway company intersects and
crosses the track or tracks of any railroad
company, the proportion thereof and of
the approaches thereto to be constructed
by each, and the proportion of cost to be
borne by each, shall be determined by the
mayor and council or mayor and commits
road company or companies or street-rail-
way company, upon being required as here
in provided. to erect. construct, reconstruct
or repair any yfaduct or tunnel, to proceed.
within the time and in the manner required
by the mayor and council or mayor and
cOmmi ssioners, to erect, construct recon
struct or repair the same. and it shall be
a misdemeanor for any railroad company
or companies or street-railway company
to fail, neglect, refuse to perform such
duty, and upon conviction, any such COM
pany or companies or the superintendent
or other officer having charge of such
railway company street railway in the
district division where such viaduct or
tunnel is to be erected or repaired. shall be
fined one hundred dollars, and each day
such companies or officers shall fail, neg
lect or refuse to perform such duty shall
be deemed and held separate offense; and
in addition to the penalty herein provided
any such company or companies shall be
compelled by mandamus or other appropri-
struct or repair any viaduct or tunnel as
may be required by ordinance as herein
provided. The mayor and council mayor
and commissioners shall also have pow
err whenever any railroad company
or companies or street railway companies
shall fail. neglect or refuse to erect, con-
struct. reconstruct or repair any viaduct,
viaducts or tunnel. after having been re-
quired SO to do as herein provided, to pro-
coed with the erection. construction. reson-
struction repair of the same by contract
or in such other manner as may be pro-
vided by ordinance. and assess the cost
thereof against the property of such rail-
road company or companies or eet-rail-
way company. aud such cost shall be a
valid and subsisting lien against such
property, and also shall be legal Indebted
ness of such company or companies in
favor of such city. and may be enforced
and collected by suit in any court having
Jurisdiction. or in lieu of enforcing the
collection Of the costs of said improvement
by a suit at law. the city may issue internal
improvement bonds of the city in payment
of said work. payable in five equal INSTALL
ments of equal amounts each none of
which bonds any of the instalIments
thereof shall run longer than five years
nor bear interest exceeding six per cent
per annuui- The credit Of the city issuing
such bonds shall be pledged for the pay
ment thereof Such bonds may be issued
to the contractor constructing the improve
ment. in payment of, or the mayor and
council mayor and commissioners
may sell the same and pay the proceeds