State Codes and Statutes

Statutes > Kansas > Chapter68 > Article14 > Statutes_28646

68-1404

Chapter 68.--ROADS AND BRIDGES
PART II.--BRIDGES
Article 14.--RECONSTRUCTION OF BRIDGES

      68-1404.   Counties over $90,000,000 valuation; joint contracts; dutiesand liabilities of railways; monthly rental contracts.The board of county commissioners is hereby authorized to enter intocontracts with any county, township, city, drainage district, municipality,person, company or corporation, located within or without this state, forthe reconstruction, improvement, removal, relocation, maintenance,regulation or use of any bridge and approaches thereto, reconstructed underthis act, and if such contract shall be entered into between any board ofcounty commissioners of such county and any other county, township, city,drainage district, municipality, person, company or corporation, as to thereconstruction, improvement, removal, relocation, maintenance, regulationor use of any such bridge or bridges, then such commissioners shall notissue the bonds of the county for a greater amount on account of thereconstruction, improvement, removal or relocation of any such bridge orbridges than the cost thereof, after deducting therefrom the amount paid oragreed to be paid by such other county, township, city, drainage district,municipality, person, company or corporation: Provided, That nocontract with or contribution by any such other county, township, city,drainage district, municipality, person, company or corporation for thejoint use of any bridge or the construction thereof shall confer upon anysuch other county, township, city, drainage district, person, company orcorporation any exclusive privilege or right to use such bridge or precludethe county commissioners of the county reconstructing, improving orrelocating any such bridge from the granting of like or similar privilegesto others to use such bridge upon such terms as may be prescribed by suchboard of county commissioners or other authorities having control thereof.

      No railway company, other than a street railway company, shall constructand use any tracks upon, or use any tracks constructed by the county upon,any bridge reconstructed or improved under the provisions of this actwithout first paying to the county reconstructing or improving such bridgeone-half of the net cost to the county of the latest such reconstruction orimprovement of such bridge and the approaches thereto; and no streetrailway company shall construct and use any tracks upon, or use any tracksconstructed by the county upon, any bridge reconstructed or improved underthe provisions of this act without first paying to the countyreconstructing or improving such bridge such sum as the board of countycommissioners or other authorities having control of such bridge shall deemreasonable but not less than twenty percent of the net cost to the countyof the latest such reconstruction or improvement of such bridge and theapproaches thereto; and no other person or corporation shall use suchbridge or the piers thereof for any private use without first paying to thecounty constructing the same such sum as the county commissioners thereof,or other authorities having control of such bridge, shall require ascompensation for such use.

      If any railway corporation, other than a street railway corporation,shall construct, and use any tracks upon, or use any tracks constructed bythe county upon, any bridge reconstructed or improved under the provisionsof this act without first paying therefor as above provided, it shallthereupon become liable to the county for one-half of the net cost to thecounty of the latest reconstruction or improvement of such bridge, and suchcounty may sue for and recover such sum in any court of competentjurisdiction, and the use of the tracks on such bridge by such railwaycorporation may also be enjoined until compensation is made therefor, ashereinbefore provided. If any street railway corporation shall constructand use any tracks upon, or use any tracks constructed by the county upon,any bridge reconstructed or improved under the provisions of this actwithout first paying therefor as above provided, it shall thereupon becomeliable to the county for the reasonable value of such use but not less thantwenty percent of the net cost to the county of the latest suchreconstruction or improvement of such bridge, and such county may sue forand recover such sum in any court of competent jurisdiction, and the use ofthe tracks on such bridge by such street railway corporation may also beenjoined until compensation is made therefor, as hereinbefore provided.

      All money received for the use of such bridges shall be used in thereconstruction or improvement thereof, or in the payment of bonds andinterest thereon, issued on account of the reconstruction or improvement ofsuch bridges: Provided, however, That the board of countycommissioners may make a contract for monthly rental with any streetrailway company for the construction and use of tracks upon, or for the useof tracks constructed by the county upon, any such bridge. Such monthlyrental shall not be less than a sum sufficient to pay the interest onone-twelfth of twenty percent of the annual interest charge on the bondsissued by the county for the latest reconstruction or improvement of suchbridge and the approaches thereto and one-twelfth of twenty percent of theprincipal to be retired each year of the bonds issued therefor.

      History:   R.S. 1923, 68-1404; L. 1947, ch. 346, § 1; Feb. 11.

State Codes and Statutes

Statutes > Kansas > Chapter68 > Article14 > Statutes_28646

68-1404

Chapter 68.--ROADS AND BRIDGES
PART II.--BRIDGES
Article 14.--RECONSTRUCTION OF BRIDGES

      68-1404.   Counties over $90,000,000 valuation; joint contracts; dutiesand liabilities of railways; monthly rental contracts.The board of county commissioners is hereby authorized to enter intocontracts with any county, township, city, drainage district, municipality,person, company or corporation, located within or without this state, forthe reconstruction, improvement, removal, relocation, maintenance,regulation or use of any bridge and approaches thereto, reconstructed underthis act, and if such contract shall be entered into between any board ofcounty commissioners of such county and any other county, township, city,drainage district, municipality, person, company or corporation, as to thereconstruction, improvement, removal, relocation, maintenance, regulationor use of any such bridge or bridges, then such commissioners shall notissue the bonds of the county for a greater amount on account of thereconstruction, improvement, removal or relocation of any such bridge orbridges than the cost thereof, after deducting therefrom the amount paid oragreed to be paid by such other county, township, city, drainage district,municipality, person, company or corporation: Provided, That nocontract with or contribution by any such other county, township, city,drainage district, municipality, person, company or corporation for thejoint use of any bridge or the construction thereof shall confer upon anysuch other county, township, city, drainage district, person, company orcorporation any exclusive privilege or right to use such bridge or precludethe county commissioners of the county reconstructing, improving orrelocating any such bridge from the granting of like or similar privilegesto others to use such bridge upon such terms as may be prescribed by suchboard of county commissioners or other authorities having control thereof.

      No railway company, other than a street railway company, shall constructand use any tracks upon, or use any tracks constructed by the county upon,any bridge reconstructed or improved under the provisions of this actwithout first paying to the county reconstructing or improving such bridgeone-half of the net cost to the county of the latest such reconstruction orimprovement of such bridge and the approaches thereto; and no streetrailway company shall construct and use any tracks upon, or use any tracksconstructed by the county upon, any bridge reconstructed or improved underthe provisions of this act without first paying to the countyreconstructing or improving such bridge such sum as the board of countycommissioners or other authorities having control of such bridge shall deemreasonable but not less than twenty percent of the net cost to the countyof the latest such reconstruction or improvement of such bridge and theapproaches thereto; and no other person or corporation shall use suchbridge or the piers thereof for any private use without first paying to thecounty constructing the same such sum as the county commissioners thereof,or other authorities having control of such bridge, shall require ascompensation for such use.

      If any railway corporation, other than a street railway corporation,shall construct, and use any tracks upon, or use any tracks constructed bythe county upon, any bridge reconstructed or improved under the provisionsof this act without first paying therefor as above provided, it shallthereupon become liable to the county for one-half of the net cost to thecounty of the latest reconstruction or improvement of such bridge, and suchcounty may sue for and recover such sum in any court of competentjurisdiction, and the use of the tracks on such bridge by such railwaycorporation may also be enjoined until compensation is made therefor, ashereinbefore provided. If any street railway corporation shall constructand use any tracks upon, or use any tracks constructed by the county upon,any bridge reconstructed or improved under the provisions of this actwithout first paying therefor as above provided, it shall thereupon becomeliable to the county for the reasonable value of such use but not less thantwenty percent of the net cost to the county of the latest suchreconstruction or improvement of such bridge, and such county may sue forand recover such sum in any court of competent jurisdiction, and the use ofthe tracks on such bridge by such street railway corporation may also beenjoined until compensation is made therefor, as hereinbefore provided.

      All money received for the use of such bridges shall be used in thereconstruction or improvement thereof, or in the payment of bonds andinterest thereon, issued on account of the reconstruction or improvement ofsuch bridges: Provided, however, That the board of countycommissioners may make a contract for monthly rental with any streetrailway company for the construction and use of tracks upon, or for the useof tracks constructed by the county upon, any such bridge. Such monthlyrental shall not be less than a sum sufficient to pay the interest onone-twelfth of twenty percent of the annual interest charge on the bondsissued by the county for the latest reconstruction or improvement of suchbridge and the approaches thereto and one-twelfth of twenty percent of theprincipal to be retired each year of the bonds issued therefor.

      History:   R.S. 1923, 68-1404; L. 1947, ch. 346, § 1; Feb. 11.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter68 > Article14 > Statutes_28646

68-1404

Chapter 68.--ROADS AND BRIDGES
PART II.--BRIDGES
Article 14.--RECONSTRUCTION OF BRIDGES

      68-1404.   Counties over $90,000,000 valuation; joint contracts; dutiesand liabilities of railways; monthly rental contracts.The board of county commissioners is hereby authorized to enter intocontracts with any county, township, city, drainage district, municipality,person, company or corporation, located within or without this state, forthe reconstruction, improvement, removal, relocation, maintenance,regulation or use of any bridge and approaches thereto, reconstructed underthis act, and if such contract shall be entered into between any board ofcounty commissioners of such county and any other county, township, city,drainage district, municipality, person, company or corporation, as to thereconstruction, improvement, removal, relocation, maintenance, regulationor use of any such bridge or bridges, then such commissioners shall notissue the bonds of the county for a greater amount on account of thereconstruction, improvement, removal or relocation of any such bridge orbridges than the cost thereof, after deducting therefrom the amount paid oragreed to be paid by such other county, township, city, drainage district,municipality, person, company or corporation: Provided, That nocontract with or contribution by any such other county, township, city,drainage district, municipality, person, company or corporation for thejoint use of any bridge or the construction thereof shall confer upon anysuch other county, township, city, drainage district, person, company orcorporation any exclusive privilege or right to use such bridge or precludethe county commissioners of the county reconstructing, improving orrelocating any such bridge from the granting of like or similar privilegesto others to use such bridge upon such terms as may be prescribed by suchboard of county commissioners or other authorities having control thereof.

      No railway company, other than a street railway company, shall constructand use any tracks upon, or use any tracks constructed by the county upon,any bridge reconstructed or improved under the provisions of this actwithout first paying to the county reconstructing or improving such bridgeone-half of the net cost to the county of the latest such reconstruction orimprovement of such bridge and the approaches thereto; and no streetrailway company shall construct and use any tracks upon, or use any tracksconstructed by the county upon, any bridge reconstructed or improved underthe provisions of this act without first paying to the countyreconstructing or improving such bridge such sum as the board of countycommissioners or other authorities having control of such bridge shall deemreasonable but not less than twenty percent of the net cost to the countyof the latest such reconstruction or improvement of such bridge and theapproaches thereto; and no other person or corporation shall use suchbridge or the piers thereof for any private use without first paying to thecounty constructing the same such sum as the county commissioners thereof,or other authorities having control of such bridge, shall require ascompensation for such use.

      If any railway corporation, other than a street railway corporation,shall construct, and use any tracks upon, or use any tracks constructed bythe county upon, any bridge reconstructed or improved under the provisionsof this act without first paying therefor as above provided, it shallthereupon become liable to the county for one-half of the net cost to thecounty of the latest reconstruction or improvement of such bridge, and suchcounty may sue for and recover such sum in any court of competentjurisdiction, and the use of the tracks on such bridge by such railwaycorporation may also be enjoined until compensation is made therefor, ashereinbefore provided. If any street railway corporation shall constructand use any tracks upon, or use any tracks constructed by the county upon,any bridge reconstructed or improved under the provisions of this actwithout first paying therefor as above provided, it shall thereupon becomeliable to the county for the reasonable value of such use but not less thantwenty percent of the net cost to the county of the latest suchreconstruction or improvement of such bridge, and such county may sue forand recover such sum in any court of competent jurisdiction, and the use ofthe tracks on such bridge by such street railway corporation may also beenjoined until compensation is made therefor, as hereinbefore provided.

      All money received for the use of such bridges shall be used in thereconstruction or improvement thereof, or in the payment of bonds andinterest thereon, issued on account of the reconstruction or improvement ofsuch bridges: Provided, however, That the board of countycommissioners may make a contract for monthly rental with any streetrailway company for the construction and use of tracks upon, or for the useof tracks constructed by the county upon, any such bridge. Such monthlyrental shall not be less than a sum sufficient to pay the interest onone-twelfth of twenty percent of the annual interest charge on the bondsissued by the county for the latest reconstruction or improvement of suchbridge and the approaches thereto and one-twelfth of twenty percent of theprincipal to be retired each year of the bonds issued therefor.

      History:   R.S. 1923, 68-1404; L. 1947, ch. 346, § 1; Feb. 11.