The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-09-08
LEGAL

ings and make such other improvements
whenever and wherever required by the
city to do so; such improvements TO be
constructed and maintained under the
supervision and in accordance with the
directions OF the City Engineer Of said city.
Section .. That the said The Chicago,
Rock Island and Pacific Railway Com
pany shall, replace in perfect condition of
repair all pavenents taken up in the con-
struction of said railway track in said
streets or alleys and that when any Of
said streets or alleys shall be paved or re-
paved the said The Chicago, Rock Island
and Pacific Railway Company shall pave
or repzve between its rails and for a dis
rails with materials of the same quality as
is used by the City of Topeka in the paw
ing Of said street. All of said work to
be done under the direction of the City
Engineer and to his satisfaction, and If on
ten (10) days written notice from me
City Engineer said paving or repaving is
not commenced and carried out TO compile
ton, said paving or repaving may be done
| by the City Of Topeka and the said The
1 Chicago, Rock Island and Pacific Railway
Company hereby agrees % pay the costs OF
| the same.
Section G. 1t shall be a violation of this
ordinance for any person, firm corpora
ton to permit or allow any car or cars to
1 remain or stand upon said track or any
part thereof longer than is reasonably
necessary to load or unload and remove
section I. That the said The Chicago.
| Rock Island and Pacific Railway Company
l shall indemnify and save harmless the
| said City Of Topeka from all damages,
I
Judgment for the payment OF which the
city may become liable to any person
corporation by reason of the negligent
| construction or operation Of said railway
track in said streets OF alleys as aforesaid.
or by reason Of said railway company
| failing to construct suitable and proper
| crossings as herein provided proyiaesi said
| railway company shall receive notice in
writing from said city OF the pendeney of
| such claims actions and that the said
| railway company be given an opportunity
| to defend.
Section s. In granting permission for
| the above track it is understood and made
| 4 part of this ordinance that the city
| serves unto itself the right to inspect, re-
| build. repair maintain any sewer now
| lying in said street or any part thereof
] or running across the same and that the
| construction, repairs. reconstruction or
| whatever becomes necessary to be done
| either by the city or adjoining property
| owners to enjoy the free and operation
of this sewer. the same shall be done with
out any additional expense TO either the
city or the property owners by reason OF
the occupancy Of the street by such track
| or tracks. And in the event OF excavation
| in the street requiring the care Of the
| track by the road master Of the operating
| railroad. the expense OF the care of the
track shall be borne by the railroad the
industry served by the railroad track. and
no ease tne eyso OF Pf5oReTy ANN IS
the provisions of this ordinance shali be
| deemed guilty of a misdemeanor. and upon
| than Ten $4,000 Dollars nor more than
| Fifty $4,000 Dollars for each offense-
| Section 10. This ordinance shall take eff
publication I'M the official city paper. and
acceptance Of the same by said railway
Passed the Board Of Commissioners.
It'll day Of Sept. 1920.
Approved 7th day of Sept. 1920
II. J. coRwINE.
| ATTEST: ETA NJ covEIL' VI
| (SeaD City Clerk