The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-31
Published in The Topekf State Jourllal
March 81 1919.I
HOUSE IT'LL No. Gs4.

HOUSE ETH No 6s4
AN ACT relating to street crossings and
regulating the running of street cars and
trains in cities of the first and second
classes in counties having population of
over ?1oo9 6elxg an act suppeementatt
Kansas for 1915, amending section 1 of
chapter OIL of the Session Laws Of Kansas
for 1917. and repeating original section 1
Be it enaeted by the Legislature of the
State Of Kansas:
Section 1. Section l Of chapter 81 of the
Session Laws of Kansas for 1917 is amend
ed to read as follows: lection 1. That
all cities of the first and second class in
a county hayi population of oyer 10000
shall hare the power to regulate the cross
ings of railway and street railw..F- tracks
and provide precautions and prescribe
rules regulating the same. and to regulate
the running of street railways or cars 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 any railroad company or
companies owning or operating under their
tracks at the crossings of streets. The
mayor and council .or mayor and commits
sioners shall have power to require any
railroad company or companies owning
operating any railroad or street railway
track or tracks upon or across any public
street streets of the city to erect, con-
struct, reconstruct, complete and keep in
repair any viaduct or viaducts upon or
over or tunnels under such street or streets
and over or under such tracks, including
the approaches of such viaduct' viatlucts
tunnels as may be deemed and declared
by ordinance to be necessary for the con-
venience. safety or protection of the public.
Whenever any such viaduct shall be deemed
and declared by ordinance to be necessary
for the convenience. safety or protection of
the public, the mayor and council or mayor
and commissioners shall provide for ap-
praising, assessing and determining the
damage IL any. which may be caused to
any property by reason of the construction
of CtI.b viz l1Irf md IFS hp
proceedings for such purpose shall he the
same as provided by law for the purpose
of ascertaining and determining dana ges
to property owners by reason of the
change in grade of any street. except that
such damage 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 railway 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 30 awarded shall become
lien in the proportion to the amount each
railway company shall pay. if more than
one company is concerned, upon the right
OF way and all property of such railway
company, and the collection thereof may be
enforced by the city in an action against
such railway company or companies SO fail
ing to pay. The width. height and strength
of any such viaduct or tunnel and the ap
proaches thereto, the material to be used
therefor. shall be 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 vialuct. either upon,
above or 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 commissioners
1t shall be the duty of any railroad COM
pany or eom Panies or street railway com
N1ded. to erect. construct. reconstruct or
repair any viaduct tunnel. to proceed,
within the time and in the manner required
by the mayor and council or MAYOR and
commissioners. to erect, construct or
reconstruct str1, or repair the same and and
any railroad company companies or
street railway company TO fail. neglect or
refuse to perform such duty. and upon con-
viction. any such company or companies or
the superintendent or other officer having
charge of such railway company or street
railway in the district or division where
such yiaduct tunnel is to be erected OF
repaired shall be fined one hundred dollars,
and each day such companies officers
duty shall be deemed aud held a separate
offense; and in addition to the penalty
herein provided, any such company or COM
panies shall be compelled by mandamus or
other appropriate proceedings to erect. con-
struct. reconstruct or repair any viaduct
or tunnel as may be required by ordinance
rs herein provided. The mayor and coun-
ell or mayor and commissioners shall also
have power. whenever any railroad COM
pany or commands or street railway com
panies shall fail. neglect refuse to erect.
construct or reconstruct or repair any via
duct viaducts or tunnel. after having been
required so to do herein provided to
proceed with the erection. construction. re-
construction or repair Of the same by con-
tract or in such other manner as may be
provided by ordinance and assess the eos
thereof against the property of such rail-
road company or companies or street rail-
way company. and such cost shall be
valid and suDsisting lien against such prop
erty. and also shall be a legal Indebtedness
Of such company or companies In favor of
such city. and may be enforced and collect
ed by suit in any court having Jurisdiction