The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-18

bLT66IS, puDIIC
of the city of Potwin Place TO The Topeka
Water and Electric Power company, its sue
cessors and assigns, for the construction .erec-
ton, conduct and maintenance of electrical
works, water works, air compfeSsors and
other works. and for furnishing and
transmitting electric light heat and power,
and for refrigerating and ventilatng and for
all purposes for which such power and works
can be used and regulating the same. and
granting the use of water courses in connec-
ton Herewith.
Be It Ordained by the Mayor and Counclmen
of the City OF PoTwin Place:
SECTION 1. That the Topeka Water and Elec-
trio Power company. its successors and assigns,
desiring to Dulld one or more dams across the
Kansas river in Shawnee county, Kansas, and
build certain raceWays in connection Herewith,
for the purpose of generating and transmitting
power by compressed air electricity or any 9TH
er means or force Whichmay be generated. ini-
itated developed utilized orby reason of the i'm
proVement by said company OF such water power
and its connections, and for refrigeratlng and
ventilating, and all other purposes for
Whlch the same may be used, and Tor fur-
nishing water and water power, be, and
it and they are hereby authorized. in connec-
ton with the building and operation of said
dams. race ways and water power so as to
utilize the power thereby created. and the water
storage in connection Herewith. and subject to
the conditions hereinafter provided. to establish
construct and maintain electrical and other
works. air compressors. attachments
the city. Of Potwin Place, in said
county of Shawnee and state of Kansas,
ing and other similar purposes, and for, furnishing
water and motive power; to construct lines above
ground, to erect and maintain The necessary
poles therefor. and to erect, maintain and Ope-
rate electric wires above and under ground, and
to transmit power by means of poles and wires,
and to lay, repair, keep and maintain pipes and
conduitS below the surface of the ground for
conveying and distributing compressed air for
al and any purposes Tor which SUCH compressed
air may be used, and for the conveyance of
wires and for the conveyance and distribution
of water and for any and all purposes for which
Sucn pipes ana cOQQuICS may De uS0Q, on any
and all streets, avenues. alleys and public
grounds OF the city of Potwin Place; and also
to construct, erect and maintain in and
adjacent to said city. all necessary buildings
structures, machinery, attachments and APP
purtenances of every description necessary,
proper or convenient for SAID electric, water
and other works and air-compreSsors.
For the purpose of erecting said poles and
wires, OF laying said pipes, attachments, appur-
tenances or other appliances necessary, proper
maintenance and operation of said electric,
water and other works, and repairing the same
during the continuance OF this franchise, the
said The Topeka Water and Electric Power
company, may enter upon said streets, avenues,
alleys. or public grounds of thu city of PoJwln
Place. and may make such excavations, cavities,
SubWayS, conduitS and underground structures
therein as may be necessary, in such manner as
to give the least Inconvenience to the inhabit-
ants of said city and existing plants, and in such
case the pavement and sidewalks shall each
and all be repaired and replaced with the same
material with which they are paved at the time
the same are so entered upon, and placed and
left in as good repair and condition as before;
and all excavations shall be reiled with all
convenient speed by and at the expense
of the said The Topeka Water and
Electrict Power company, its successors and
assigns, and all subways. cavities. conduits or
other structures under the surface of the ground
permit the surface of the ground to be suitably
maintained for all purposes for which the same
may be used; all of which shall be done under
the supervision and direction of the city engi-
neer or street commissioner of said city and to
the satisfaction of the mayor and council there
Of The use of the creeks and water courses
within the corporate limits of said city is hereby
granted to the said The Topeka Water and
Electric Power company for all such purposes
as may be necessary or convenient IN connec-
ton with the full enjoyment of the rights privi-
legeS and franchises hereby granted; provided,
that the same shall not be used in any manner
detrimental to the health of the inhabitan IS of
said city or the sanitation of said city of Pot
win Place.
SEC. 2 All electric wires, poles. attachments.
appurtenanceS and line, or lines, shall be so
erected, placed or constructed, operated, main
tanned and managed and said pipes shall be SO
laid and said subways. cavities. conduits and
under ground structures so constructed as not
to professionally obstruet the use of said streets,
avenues, alleys or public grounds. or unreason-
ably interfere with the public work or travel on,
or use of said streets, avenues or alleys OF said
city; the poles and wires, connections and dp-
purtenances shall be firmly placed and shall be
erected under the direction of the city engineer
or street commissioner of said city, at such place
or places, in the streets, avenues, alleys and
public grounds of said city as mayor and
| council may direct; all current conducting
! wires erected and maintained above ground.
shall be not less than twenty-five (22) feet above
the established grade of all Streets, avenues and
| alleys on which the same may be placed, and
so as not to interfere with wires already erected.
| If any survey becomes necessary to carry out
the provisions of this ordinance all ex-
penses thereof shall be betrayed by the
| Power company its successors or
assigns Provided that the said poles and wires
| once having been placed and located as herein
| provided, under the superintendent of the
| city engineer and the direction OF the mayor
and council. the same shall not hereafter be re,
| city except as herein provided.
| SEC. 3. This ordinance shall not be construed
so to authorize the exclusive use OF the
| streets, avenues, alleys or any of the public
grounds of the city OF Potwin Place to any firm,
| purposes herein mentioned
| SEC. 4. The said The Topeka Water and
| Electric Power Company, its successors and as
| signs shall at all times during the erection
| and construction of said electrical and other
works. and air compreSsors. poles, wires and
| and the operation of the same, or the max
| ing of any excavation and the laying
| erection OF any underground structure, and the
| continuation and operation of the same, or the
| use of any watercOurse herein granted. hold and
| save the city of Potwin Place harmless against
any and all loss liability or damage that may be
ration, either directly or indirectly, by reason OF
/ the construction, erection. maintenance and op
Grafton of said electrical works. air-compreSsorS
| and appurtenanceS, or the laying OF pipes, OF
| the construction of underground condHitS, sub
ways or other underground structures. OF
| the of any water-course herein mentioned,
and shall defend any and all actiO.iS that may be
| commenced. against the city of Potwin Place for
| any and all such damages, whenever requested
| by the mayor and council of said city so to do
| SEC. 5. Whenever the city of Potwin Place
| shall determine by general ordinance that all
lines of wire for illuminating. heating
| or other purposes. or for furnish
ing motive, power by electrical current, OF
| otherwise, shall be laid under ground. then and
| in such case. all lines and conductors erected
above ground under any Of the provisions o.
this ordinance shall be taken down and trans
| ferred under ground as may be reasonably provid
ed in such general ordinance and with as little de
lay as possible; provided that any and all of the
| wires placed above ground under any of the
| provisions of this ordinance shall not be re-
! moved and placed under ground for period of
| ten wears from and after the erection thereof
| under the provisions hereof. unless by and with
the consent of the said The Topeka Water and
| Electric Power company, its successors or as
signs: and provided further. that whenever
such wires are removed and placed under
ground either with the consent of the said The
| Topeka Water and Electric Power company, its
successors or assigns. or in accordance with the
provisions of a general ordinance as hereinbe-
fore provided. the same shall be done at the
cost and expense of the said The Topeka Water
Don ffc