The Topeka state journal., 1922-06-28
LEGAL


Street from the south line of lot numbered
two hundred eight cos thereof 10 the
center of the most eastward alley in block
the south by Fourth Street, on the west
by Jefferson Street, and on the east by
wardly along the center line OF last above
described alley a distance of one hundred
twenty-five (125) feet, more or less, to the
end of said spur track.
Section ?. That said Atchison. Topeka &
Santa Fe Railway Company shall at Its
own expense construct and maintain such
crossings and other improvements as may
be necessary, whenever and wherever re-
puired by the City to do so; and to per-
NIT the city to construct any underground
or surface structures, utilities. services or
other improvements under and over this
track, without additional cost TO either the
City or the property owners by rea son of
the occupancy of the street or alley By
That the grade or elevation Of said track
herein provided to be constructed shalt
conform to the grade of the streets aiIeys
and other thorouehfsres established by the
city or to be established. and that proper
facilities Will in all cases be provided Tor
no case form pools or become a nuisance.
all of which construction and improve
ments shall conform to the standards and
requirements OF the Engineering Depart.
ment OF said City, and to be under the
direct supervision and direction of the City
Section 3. That the said Atchfson,. To-
peka Santa Fe Railway Company Ats
pave and maintain between its rails In
streets now paved and crossed by this
track and for the necessary distance on
the outside of Its rails-to make a perfect
connection with existing pavlng-wfth tho
same type and kind Of paving now in gaid
crossed or used by this track, the said
Company shall pave and maintain between
inches outside of its rails either With
three-inch planking, properly supported.- .-0E
and said Railway Company shall i'm gaif
streets and alleys crossed or used By this
or the permanent paving above provided
to be built with crushed stone or cinders,
and shall Keep and maintain the same 50
that the public may at all times drirs
over and upon the space used by this track
and between said track and the properly
lines; all Of such work to be done under
the direction of the City Engineer and to
his satisfaction, and IL on ten days' notice
from the City Engineer said paving or fiii-
ing is not commenced and carried to COM
BY the Cftv 81 Topeka. and The Atcbfsot,.
Topeka &. Santa Fe Railway Company, its
successors and assigns. hereby agree to
pay the cost of the same.
Section 4 II shall be a violation OF this
ordinance for any person, firm or corpora
hon to permit or allow any car or cars 10
part thereof longer than Is Absolutely nee
essary for the loading or unloading AZ tho
various industries to which the same may
be switched for such purpose.
Section 5. That said Railway Company
shall save the City OF Topeka harmless
from all costs, damages and expenses for
the payment of which said city may be-
come liable to any person ob persons.
company or corporation By reason OF the
granting Of said right -of-wny to said Rail-
way Company by reason OF the con-
struction or operation Of said Railway
that said Railway Company shall receive
notice in writing from the City OF To-
peka Of the tendency of such claim or
claims actions or suits. and said Rail-
way Company shall be given an oppor-
Section s. In granting permission Tor
the above track 1t is understood and made
part of this ordinance that the City OF
Topeka reserves unto itself the right to
sewer or water pipes now lying In said
street or alley or any part thereof or run
ming across the same and that eonstruc-
tOD, repairs, reconstruction or whatever
becomes necessary to be done, either By the
city or adjoining property owners 70 en-
JOY the free use aud operation Of said
without any additional expense TO either
the city or the property owners BY reason
such track. In the event Of excavations
in the street or alley requiring the care
Of the track by the road-naster Of the on
Of the track shall be borne by the railway
or the industry served by the raiiwav
track ana in no case By the city or prop
Section, I. Any. person violating any Of
the provisions % this ordinance shall be
deemed guilty Of a Enisdemeanor and upon
than Ten $50 Dollars nor more than Fifty
(s5Ol Dollars for each offense.
Section s. This ordinance shau take ef-
feet ana be in force from and after its
passage and approval. its acceptance by the
Atehison. Topeka & Santa Fe RaifFay Com
pany, and its publication in the official city
Passed he Board Of commissie1ers. June
Approved, June p. 1922
,.-.4.s. II. J. coRWIEE,
ETA N. coyELE.