The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-04

to transmit power by poles and wires and 10
lay. repair keep and maintain pipes below The
tflDuting compressed air for use as a motive
power, and Tor refrigeratlng and ventAa1ing
purposes. and for any and ali purposes for
Mnieh the same may be used on any and all
CITY OF Topeka; and also 10 erect and maintain
al necessary buildings. machinery and any at
tachment Of any description. necessary and
proper for said electric or other works and air
said poles or laying said pipes Attachments OF
clher appliances necessary and proper ia the
olher works. and repairing the same during the
continuance OF this franchise. may enter upon
Stlcll streets. avenues, alleys puDllc grounds
lions therein as NAV be necessary. ia sucn man
fence to the inhabitants of said city and
existing plants; and III such case the pavement
and sidewalks shall each and an be repaired
ana replaced with the same material Of winch
tered upon. and placed and LETT in as good re-
Pat anu CONDITION a. oet0res and al excavations
and at the expense Of the said The Chicago
be done ,ln5er ms S,i,,sr ~ snd IT,
the satisfaction OF the mayor and council there
OF provided. thar this franchise shall be con
sAlued SO as 10 give the right 20 said The ChIea-
go-IOpeka Light. Heat and Power company,
IT. successors or assigns. 10 construct and oper-
ate lines of electric wires for the purpose Of
retailing 70 customers electric light within the
LerIitofy now actually occupied by electric light
coinpan es now retailing lighs to consumers in
SEC. 2. Said electric wires, poles, attachments
ant line or lines shall be 50 erected. placed or
Pfls SildI Pc 50 litlu as not 70 oDstrucJ the use
Of SAID streets. avenues. alleys OF public grounds
citv the pofes ami wires eiesl IL frS,'tS, 'l1aG
ana erected under the dir ecti0n OF the city en-
the streets. avenues. alleys and public bIsees Of
SAID city as the mayor and council may direct;
said wires shall not be less than twenty-five
CPD feet above the established grade OF ali
streets. avenues and alleys and so as not to in
Ieriere with any wires already erected. If any
visions of this ordinance, all expenses thereof
shall be betrayed by the said The Chicag0-To-
cesSOrs and assigns.
SIC J. THIS ordinance shall not be construed
to authorize the exclusive use of any
Streets avenues, al eys, or any of the public
grounds TO any firm persons. company or cor
porittIon Tor any Of the purposes herein men
SEC. a. The said The Chcago-Topelza Light.
Heal ana rover company Us successors and
during the erection of said dam and electrical
works and air cOmpress0rs wires and appurte-
nances thereto. ana the continuation and oper-
alton OF the same. or the making Of any exeava-
tons and the laying OF any pipes and the con-
Inuation aild operation q the same. OF the use
OF any watercourse herein granted. hold and
ave ne Cry 81 Aopeha HARNESS against any
an all loss. lldDlllty or damages that may ac-
crue 10 any person. persons, company OF corpo-
Falcons either directly or Indirectly by reason Of
tie CONSTRUCTION Oh stid usiii electrical works,
air cOmpressOrs. wires and appurtenances
thereto ~ aforesaid Or Dy reason Of the continu-
alton ana operation Of the same. or by max4ng
any excavations and the laying Of amy pipes and
herein Inenfio1ed And shall defend sn1, ar9@i
the CITY of Topeka for any and an snch daf1laees
whenever requested by the mayor and council
and maintenance Of said dam across the Kansas
river as herein mentioned, water is backed onto
or into the property of any person, persons.
company or corporation, or If the free use Of
the sewers emptying into the Kansas river
above said dam are IN any manner inteTfered
with by back wafer OF by reason of the building
ana maintenance OF ssiIu oaiii, auq damages are
thus caused. either 10 the City of
pany or corporation, said The Chicago-Topeka
Light. Heat and Power Company hereby and Uy
3sga.ss q eai1Se ~ AZ re- y I T. a sqSa
city of Topeka from any and all such liabilities
SIC s. Whenever the city of Topel<a shall
determine by general ordinance that ali the
lines OF wire Tor iilum mating and heating pur-
trio or other works shall be Land under ground
under any Of tile provisions Of this ordnance
shall be taken down and transferred under
ground as may be provided Ia such general
Provided. That any and all of the wires
placed above ground under any of the provis-
rom and affeT fhe ft1g ecP ~ ~ l FL s5fs
Cou,l,ar1v it, Successors and sssi,S5s. ana -
Vided further that Whenever such wires are re-
consent OF the said The Chicago-Topeka fight
Heat and Power Company. its successors and
assigns. or n accordance with the general oFdi-
nance as herein mentioned the same shan be
done at the cost and expense Of tue said The
pany. It's successors and assigns, and without
any expense or damages whatever 70 the city Of
Topeka.
Sc. g. That the said The Chicago Topeka
Light. Heat and Power Company. its successors
after tie passage AMI approys' OF dii'' fhis
ordinance IN good faith to commence /
the building and construction of said dam. and
Will fully complete the same and shall be ready
to furnish and supply electric current to con
stimers by means thereof within one year there
after. unless restrained and enjoned in good
faith by some proceeding ia law OF equity; and
the lime they SO restrained OF enjOined shall
not be taken or considered as part of the period
herein mentioned And IN case the SAID The
Chicago opeKa Light. Heat and Power COM
piiny shall not comply Win the provisions OF
this section. then the city Of Topeka shall have
the right to Immediately forfeit tins franchise
and declare each and All Of the provisions
therefor null and void
SEC =. That whenever said The Chlcago-To-
peka Light Heat and Power COMPANY desires
To open up any OF the streets. avenues. alleys
or public grounds OF the city Of Topeka.
it Shall before doing so. notify the CIV
Of Topeka OF such desire. and thereupon
the city of Topeka Shall appoint person Su-
narintend and control any and ali such work
which superintendance shall be paid by SAID
Chicss5o-Ioueka Light Heat and Power Com
.i5e1,,s Or 4l.Sr 1t " one time and before frssn
iug any other part of said streets. avenues or
alleys said company shall place that portion al
rla - of,ared rs nj as rood condition ~ III sess
before being entered upon by said company. re-
,ef, and i irecffon OF said riuferdanf
and in all things in accordance with Ordinance
No 80 approved July -, 1887. providing for
the excavations in the streets. And any failure
and strictly comply With the provisions
of this section shall enttle the city q
said company. its successors and assigns under
any Of the provisions Of This ordinance; until
And the city engineer of said city shall have
the right and it shall be his duty on finding that
cause any and ali such work to be discontinued
until such time as this section is fully and ia all
sssti StfDerintendent hereInbefOre mentioned
shah not exceed the sum Of SO 80 per MONTH