68-1409. Counties over $110,000,000 valuation; use of bridge for railway or other purposes; compensation; use of proceeds; monthly rental contracts.
68-1409
68-1409. Counties over $110,000,000 valuation; use of bridge forrailway or other purposes; compensation; use of proceeds; monthly rentalcontracts.No railway company, other than a street railway company, shallconstruct, and use any tracks upon, or use any tracks constructed by thecounty upon, any bridge constructed under the provisions of this actwithout first paying to the county constructing such bridge, one-half ofthe net cost to the county of such construction of such bridge and theapproaches thereto; and no street railway company shall construct anduse any tracks upon, or use any tracks constructed by the county upon,any bridge constructed under the provisions of this act without firstpaying to the county constructing such bridge such sum as the board ofcounty commissioners or other authorities having control of such bridgeshall deem reasonable but not less than twenty percent of the net costto the county of such construction of such bridge and the approachesthereto; and no other person or corporation shall use such bridge or thepiers or abutments thereof for any private use without first paying tothe county constructing the same such sum as the board of countycommissioners or other authorities having control of such bridge shallrequire as compensation for such use.
If any railway corporation, other than a street railway corporation,shall construct and use any tracks upon, or use any tracks constructedby the county upon, any bridge constructed under the provisions of thisact without first paying therefor as above provided, it shall thereuponbecome liable to the county for one-half of the net cost of theconstruction of such bridge, and such county may sue for and recoversuch sum in any court of competent jurisdiction, and the use of thetracks on such bridge by any such railway corporation may be enjoineduntil compensation is made therefor as hereinbefore provided.
If any street railway corporation shall construct and use any tracksupon, or use any tracks constructed by the county upon, any bridgeconstructed under the provisions of this act without first payingtherefor as above provided, it shall thereupon become liable to thecounty for the reasonable value of such use but not less than twentypercent of the net cost to the county of such construction of suchbridge, and such county may sue for and recover such sum in any court ofcompetent jurisdiction, and the use of the tracks on such bridge by suchstreet railway corporation may be enjoined until compensation is madetherefor, as hereinbefore provided.
All money received for the use of such bridge shall be used in theconstruction or maintenance thereof, or in the payment of bonds orinterest thereon issued on account of the construction of such bridge:Provided, however, That the board of county commissioners may makea contract for monthly rental with any street railway corporation forthe construction and use of tracks upon, or for the use of tracksconstructed by the county upon, such bridge. Such monthly rental shallnot be less than a sum sufficient to pay the interest on one-twelfth oftwenty percent of the annual interest charge on the bonds issued by thecounty for the construction of such bridge and the approaches theretoand one-twelfth of twenty percent of the principal to be retired eachyear of the bonds issued therefor.
In the event of the reconstruction or improvement of any bridgeconstructed under this act the terms of any agreement for use of suchbridge by street railways or other parties shall be solely governed bythe provisions of K.S.A. 68-1404.
History: L. 1913, ch. 69, § 4; R.S. 1923, 68-1409; L. 1947, ch. 346, § 2; Feb.11.