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4027 Railway LightingORDINANCE NO. 4027 ------- - ----- AN ORDINANCE requiring certain railway companies to light certain streets in t'•e City of Salina; providing that the cost there- of shall be a lien upon the property and franchises of such companies and for the assessment and taxation of such cost against such property and franchises and repealing ordinance No. 3995. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the Board of Commissioners of the City of Salina, Kansas, deem it neces7ary that the streets and street intersections in the City of Salina as specifically mentioned in the fo lowing sections of this ordinance, over, along and across which the railv!ay lines and tracks owned and.or operated by railway companies, be lighted, and that such railway companies be required to adequately light the same in accordance with the provisions and authority contained in Section 13-904 of the Revised Statutes of Kansas 1923. Section 2. That the following named Railway companies shall install and maintain, or where this is an existing light at the street intersection or at the point hereinafter designated on any street, such railroad companies shall maintain, street lights sufficient to adequately light such streets intersections, at the following points where the railway lines or tracks of such companies run over, along or across such streets, to -wit: Santa Fe Avenue and the main line of the Union Pacific Rail- road, to be installed and/or maintained by the Union Pacific Rail- road Company; Santa Fe Avenue and North Street to be installed and/or main- tained ,jointly by the Union Pacific Railroad Company and The Atchison Topeka & Santa Fe Railroad Company; Third and Elm Street, to be installed or maintained by the Union Pacific Railroad Company; Fourth and Elm Streets, to be installed and/or maintained by the Union Pacific Railroad Company; Seventh and North Streets, to be installed and/or maintained by the Union Pacific Railroad Company (one half of cost of maintenance to be paid by the City of Salina); Ninth Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by the Union Pacific Railroad Company; Fourth and Ash Streets, to be installed and/or maintained by the Union Pacific Railroad Company; Fourth Street, 150 feet south of Iron Avenue, to be installed and/or maintained by the Union Pacific Railroad Company; Fifth and North Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Company and the Atchison, Toceka & Santa Fe Railroad Company, (one third of the cost of maintenance to be paid by the City of Salina); North and Fourth Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Company and the Atchison, Topeka & Santa Fe Railroad Company; Ohio Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by the Union Pacific Railroad Company; Seventh Street, midway between the main line tracks of the Atchison, Topeka and Santa Fe Railroad Company and The Chicago, i Rock Island & Pacific Railroad Company, to be installed and/or maintained jointly by such companies; Ninth Street, midway between the main line tracks of the y Atchison, Topeka & Santa Fe Railroad Company and The �'hicago, Rock Island & Pacific Railroad Uompany, to be installed and/or maintained jointly by such companies; Third and North Streets, to be installed and/or maintained by the Chicago, Rock Island & Pacific Railroad Company, (one half of cost of maintenance to be paid by the City of Salina); i Fifth Street, at the crossing of the tracks of ttLe Chicago, w Rock Island & Pacific Railroad Company between Pine and North Streets, to be installed and/or maintained by said railroad company; Santa Fe Avenue, betze~n Pine and North Streets to be installed and/or maintained by the Chicago, Rock Island & Pacific Railroad Company; One light at the intersection of each of the following streets ,.ith the main line of the Missouri Pafific Railroad Company, to -wit; Elm Street, Park Street, Ash Street, State Street, Crawford Avenue, Ohio Street, Second Street, Third Street, Fifth Street r (at Pine Street); Santa Fe Avenue; Seventh Street and Ninth Street; such lights to 'he installed and/or maintained by the Missouri Pacific i Railroad Company, with the exception of the Ninth Street light to be maintained jointly with the city. ":alnut Street and the main line of the Missouri Pacific Railroad Company, to be installed and/or maintain(d by said company, (one half of the cost of maintenance to be paid by the City of Salina) ; North Street and Arthur Stre t, to be installed and/or main- tained by the Missouri Pacific Railroad Company (one half of the cost to be paid by the City of Salina); Front Street and the tracks of the Missouri Pacific Railroad Company at Pine Street, to be installed and/or maintained by said company (one half of cost of maintenance to be paid by the City of Salina); Eighth Street and the tracks of the Missouri Pacific Railroad Co,pany at Pine Street to be installed and/or maintained by said company, (one half of cost of maintenance to be Y:aid by the City of Salina); Section 3. -hat the railroad companies mentioned in the pre- ceeding sections of this ordinance be and they are hereby required to light the streets and crossings above described, at the points in the preceeding sections described, with adequate street lights of the same general kind and character as those now used by the City in lighting its street intersections, being arc lights of the suspension ty_-:e with capacity of not less than four hundred candle power, except that if the Board of Commissioners deem proper lights of a different kind and of less capacity may be installed and/or maintained at such points, provided that special permission for any such change chall be first secured from the Board of Commissioners. Section 4. That said railroad companies shall have the right to furnish, install and maintain such lights themselves to contract with any other person, firm or corporation for such lighting, end to pay the cost and maintenance thereof direct to any such person, firm or corporation, or may pay the cost of such installation and maintenance to the City of Salina, in which event, upon the written agreement of any such railroad company to pay such cost, the city of Salina shall install or .cause the installation of such lights and maintain the same as a part of its street lighting system and collect the cost of such installation and maintenance from such rail a road companies. Section 5. If any of such railroad companies shall fail refuse i or neglect to install and/or maintain any of such lights as in this ordinance required, the City of Salina may install and/or maintain the same or contract �lrith any person, firm or corgi.oration for such installation and/or maintenance and the cost of such installation i and/or maintenance shall be charged against any such railroad company so failing, refusing or neglecting to install and.or maintain the G same and such cost shall be a lien upon the prop rty and franchises of any such company and shall be taxed against the propertT of such company in the same manner as other taxes are levied. Section 6. till lights required by this ordinance to be in- stalled and/or maintained by any such railroad companies shall be kept burning at all ti es from sundown on each day until sunrise on the following day, and in any event during all hours on each day when other street lights of the City of Salina are kept buring. Section 7. That Ordinance No. 3995 of the City of Salina be a and the same is hereby repealed. Section 8. This ordinance shall take effect and be in force i after its publication in the official city paper. Attest: Introduced, February 26, 1931 Passed, March 2, 1931 Chas. E. Banker City Clerk Chas. F. Dodds a?Tor STATE OF KANSAS ) S COUNTY OF SALINE ) I, Chas. E. Banker, City Olerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 4027 passed and approved by the Board of Com- missioners of the City of Salina, March 2, 1931; and a record of the vote on its final adoption is found on pare 3 �51 Journal No. 12. ity lerk (Published in the Salina Journal �" -"+ / 1931) OR13INANCE NO. 4027 AN ORDINANCE requiring certain railway companies to light certain streets in the City of Salina; providing that the cost there- of shall be a lien upon the property and franchises of such companies and for the assessment and taxation of such cost against such property and franchises, and repealing ordinance No. 3995 BE IT ORDAINED by the Loard of Commissioners of the City of Salina, Kansas. Section 1. That the `'oard of Commissioners of the City of Salina, Kansas, deem it necessary that the streets and street intersections in the City of Salina as specifically.mentioned'in the following sections of this ordinance, over, along and across which the rail- way lines and tracks owned anal/or operated by'rai.lway companies, be lighted, and that such railway companies be required to adequately light the same in accordance with the provisions and authority contained in Section 13-904 of the Revised Statutes of Kansas 1923. Section 2. That the following named Railway companies shall install and maintain, or where thftt is an existing light'at the street intersection or at the point hereinafter designated on any street, such•railroad companies.shell maintain, street lights suffi- cient to adequately light such streets intersections, at the following points where the railway lines or tracks of such companies run over, along or across such streets, to -wit: Santa Fe Avenue and the main line of the Union Pacific Railraad; to be installed and/or maintained by the_Union Pacific Railroad Company; Santa Fe Avenue and North Street to be installed and/or main- tained ,jointly by the Union Pacific Railroad Company and The Atchison Topeka & Santa Fe Railroad Company; Third and Elm Street, to be installed or maintained by the Union Pacific Railroad Company; °ourth and L'lm Streets, to be installed and/or maintained by the Union Pacific Railroad Company, Seventh and North Streets, to be i stalled and/or maintained by the Union Pacific Railroad Company (one half of cost of maintenance to be paid by the City of Salina); Ninth Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by the Union Pacific Railroad Company; Fourth and Ash`Streets, to be installed and/or maintained by the Union Pacific Railroad Company. Fourth Street, 150 feet south of Iron Avenue, to be installed and/or maintained by the Union Pacific Railroad Company; Fifth and North Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Company and the Atchison, Topeka & Santa Fe Railroad Company, (one third of the cost of maintenance to be paid by the City of Salina); North and Fourth Streets, to be installed and/or -'maintained jointly by the Union Pacific Railroad Company and the Atchison, Topeka & Santa Fe Railroad Company; Ohio Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by•the Union Pacific Rail- road Company; Seventh Street, midway between the main line tracks of the Atchison, Topeka and Santa Fe Railroad Company,and The Chicago, Rock Island & Pacific Railroad Company, to be installed and/or main- tained ,jointly by such companies; Ninth Street, midway between the main line tracks of the Atchison, Topeka & Santa Fe Railroad Company and The Chicago, "ock Island & Pacific Railroad Company, to be installed and/or maintained .jointly by such companies; Third and North Streets, to be installed and/or maintained by the Chicago, Rock Island & Pacific Railroad Company, (one half of cost of maintenance to be paid by the City of .Salina); Fifth Street, at the crossing of the tracks of the Chicago, Rock Island & Pacific Railroad Company between Pine and North Streets, to be installed and/or maintained by said railroad -.company; Santa Fe Avenue, between Pine and North Streets to be installed and/or maintained by the Chicago, nock Island & Pacific Railroad Company; One light at the intersection of each of the following streets with the main line of the Missouri Pacific Railroad ('ompany, to -wit; Elm Street; Park Street, Ash Street; State Street; Crawford Avenue; Ohio Street; Second Street; Third Street; Fifth Street (at Pine Street); Santa Fe Avenue; Seventh Street and Ninth Street.- such treet; such lights to be installed and/or maintained by the Missouri Pacific, Railroad Company, with the exception of the Ninth Street light to be maintained ,jointly with the city. Walnut Street and the mainline of the Missouri Pacific Rail- road Company, to be installed and/or mairitained by said 'company, (one half of the cost of maintenance to be paid by the City of Salina); North Street and Arthur Street, -to be installed and/or maintained by the Missouri Pacific Railroad Company (one half of the cost to be paid by the City of Salina); Front Street and the tracks of the Missoutt Pacific Railroad Company at Pine Street, to be installed and/or maintained by said company (one half of cost of maintenance to be paid by the City of Salina); Eighth Street and the tracks of the Missouri Pacific Railroad Company at Pine Streetk to be installed and/or maintained by said company, (one half of cost of maintenance to be paid by the City of Salina); Section 3. That the railroad companies mentioned in the pre- ceeding sections of this ordinance be and they are hereby required to light the streets and crossings above described, at the points in the preceeding secti ns described, with adequate street lights of w the same general kind and character as those now add by the City in lighting its street intersections, being are lights of the suspension type with capacity of not less than four hundred candle power, except that if the Board of Commissioners deem proper lights of a different kind and of less capacity may be installed and/or main- tained at such points, provided that.special permission for any such change shall be first secured from the Board of Commissioners. Section 4. That said railroad companies shall have the right to furnish, install and maintain such lights themselves to contract with any other person, firm or corporation for such lighting, and to pay the cost and maintenance thereof direct to any such person, firm or corporation, or may pay the cost of such installation and . maintenance to the City of Salina, in which event, upon the written agreement of any such railroad company to pay such cost, the city of Salina shall install or cause the instillation of such lights and maintain the same as a part of its street lighting system and collect the cost of such installation and maintenance from such railroad companies. Section 5. If any of such railroad companies shall fail refuse or neglect to install and/or maintain any of such lights as in this ordinance required, the City of Salina may,,install and/or maintain the same or contract with any person, firm or corporation for such installation and/or maintenance and the cost of such installation and/or maintenance shall be charged against any such railroad company so failing; ref using, or neglecting.t'o.,install and/or maintain the - same and such cost shall be a lien up -n the property and franchises of .any such company and shall be taxed against the property of such company in the same manner as other taxes are levied. Section 6. All lights required by this ordinance to be installed and/or maintained by any such railroad companies shall be kept burning at all times from sundown on each day until sunrise on the following day, and in any event during all hours on each day when other street lights of the City of Salina are kept burning. Section 7. That Ordinance No. 3995 of the City of Salina be and the same is hereby repealed. Section 8. This ordinance shall take effect and be in force ✓ after its publicati^n in the official city paper. Attest: Introduced, February 26, 1931 Passed, March 2. 1931 Mayor City Clerk