The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-17
whenever requested by the mayor and council

SEC. .. Whenever the City of Topeka shall
determine by general ordinance that any lines
of wre for Illuminating. heating or other pur-
poses, OF for furnishing motive power by cleo
trlcal current or otherwise. shall be laid under
and conductors erected above ground IN
der any OF the provisions OF TINS
ordinance shall be taken down and transferred |
under ground as may be provided IN such gen
eral ordinance and with as little delay as pos
Provided. That any and all of the wires placed |
above ground under any of the provisions OF |
lniS ordinance shtH not DC removed anu p.ftced |
under ground Tor 4 peflod OF nYe years from anu
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 assigns: And Pro-
vided Further. That whenever such wires are |
removed and placed under ground, elthef WIN
the consent of the said The Topeka Water and |
Electric Power Company, its successors. or as |
signs, or ID accordance With the provisions OF a
general ordinance as .hereinbef0re provided, the
same shall be done at the cost and expenses OF |
the said The Topeka Water and Electric Power |
Company, its successors or assigns and without
any expense or damage whatever to the city OF
opeka- And Provided Further. That the pro-
visions of this section shall not apply to such
wires or portions thereof as necessarily must re-
main above ground for purposes of connection
or general oversight.
SEC. t. That the said The Topeka Water and
Electric Power Company. It's successors or as
signs. shall within tnree months after the pass
age and approval of tins ordinance, III good
faith, commence the building and construction
Gifts said proposed dam aud shall be ready TO fur
nlSh electrical current To consumers within one
wear thereafter uniess restrained or eniOined
in good faith, by soma proce 5ding at law or in
! equity; and the time they are so restrained or
enjoIned shall not bs taken or considered as a
! part OF the period herein men ,iOned; and the
! said The Topeka Water and Electric Power
| Company shan 50 improve the water privilege
| of sad Kansas river that the plant of said com
| pany SHALL at d times, be capable of furnish
| ing at least fifteen hundrsd horse power
continually except in case of unayoId-
able accident or other casualty; and in case the
said he Topeka Water and Electric Power Com
pany shall not comply with the provisions of
/ this section. then the city of Topeka shall have
| the right Immediately to forfeit this franchise
and void Provided: that If any proceedings
for the forfeiture of this franchise be based
upon the failure OF the said Companys plant to
furnish at ieaSt fifteen hundred horse power con-
tinuaily, this franchise shall not be forfeited
until said company shall have been served with
Written notice of such intention to forfeit the
franchise at least sixty days before any such
such notice, the said Company shall in good
faith proceed TO remedy such defect then
! reasonable time shah be given for the improve
ment OF such plant and such improvements shall
be sufficient to bring such plant 10 the standard
! herein specified
SEC. Z. Before the Topeka Wafer and Elec-
trio Power Company shall, under the franchise
hereby granted. open up any of the streets.
avenues, or alleys of the city OF Topeka, II shall
serve notice OF its intention to do upon the
City Clerk of the city of Topeka at least ten
DAYS Deiofe tue Uiin5 work Is TO De commenced
on such streets avenues, or alleys, and there
upon the city of Topeka shaIl appoint, at the
expense OF the topeka Water and Electric
Power Company, suitable person to acJ i'll
conjunction with the city engineer ia superin-
tending ana directing the Work on Such streets,
avenues. or alleys. the compensation of the per-
son so appointed not to exceed seYenty-five dol
lars per month"; NOT more Iilan three BLOCKS on
any street, avenue, Or alley SHAH be opened up,
or remain open at any one time, and all por-
tons OF such street, avenue. or alley upon
which work has been done, except such three
blocks SO permitted to be open. shall be placed
IN as good condition as it was before beng
tered upon by said company repaving and re-
hlllng the same, Il nder the supervision
and direction of said superintendent. before
any further opening or excavation sinai
be made, it being the intention that no greater
portion of any Street avenue or alley than to
three blocks shall A
tur I9S &c, condition at any one time Al such
of the city engineer, and shall be conducted i'll
ali respects under the provisions of the general
, ordinances OF the CITY of Topeka governing ex-
: caEatons in the streets and alleys now or here
after in force in said city.
ANY failure on the part of The Topeka Water
and Electric Power company. its successors or
assigns to comply with the provisions of this
section. according to It's precise terms. shall
: entIte the city of Topeka to suspend any or all
rights. privileges and immunitleS granted by
} this ordinance to said company. its successors
and assigns, until such time as said company, It's
: successors OF assigns shall have fully carried
| out the provisions of this section according to
IT'S true intent and meaning.
Upon it becoming apparent to the city engi-
neer that any of the r visions of this section
shall be his duty to cause all work by said com
) pany on such street, avenue. or alley to be
! shall not be resumed by said company. its sue
) ceSSors or assigns until the terms of this sec
| ton shall have been compiled with to the salts
a faction OF such city engineer.
0 SEC 5; ms ordinance shall not be binding
I The Topeka Water and Electric Power Com
: pany, Its successors or assigns. within twenty
Y days after the passage and approval thereof by
r filing with the City Clerk of the city of Topeka
4 a written acceptance of each and all of the
q terms and conditions herein contained.
a SEC. 9. That within twenty days after the
Q puDlleation of this ordinance The Topeka Water
e and Electric Power company shall file with the
d city OF Topeka good and sufficient bond in the
n sum OF twenty thousand ($20.00J) dollars. con
dltIOned That IN consideration OF the granting
Il of this franchise, if said company shall fa1
v for three months after the publication of this
= ordinance To begin the actual construction of a
n dam across the Kansas river and the improve
ments authorized herein in good faith, and
p prosecute the construction thereof with reason
: able dispatch and hold the city of Topeka harm
a. less from any and all damages that may oecul
n on account OF the granting of this franchise an(
IS the faithful performances of any contract tina
le may hereafter be entered into between The To
~ peka Water and Electric Power company an,
" the city OF Topeka, said bonds snail become du
III | and payable to the city of Topeka liqudate,
ar damages TO the city of Topeka for such failur
of to begin and prosecute the aforesaid improve
n mentS.
r SEC. TO- The rights, privileges immuni
ar ties and franchise hereby granted to The TC
- peka Water and Electric Power COMPANY sha
of be and remain in full force for twenty year
n from and after the acceptance of the terms Q
f- this ordinance under the provisions of sectio
or seven hereof
% SEC Il. This ordinance shall take effet
an and be in force from and after its passage al
he proval and publication.
IS Passed the council April 18th, 1895.