The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-19

that if any proceedings for the forfeiture OF
this franchise be based upon the failure Of the
hundred horse power continually, this franchise
shall not be forfeited until said company shall
have been served with written notice OF such Inc
tention to forfeit the franchise least sixty days
before any such proceedings are taken. and If.
after service of such notice, the said company
feet. then reasonable time shall be given for
the improvement of such plant and such Inn
proyement shan be sufacient to bring such plant
TO the standard herein specified.
Section before the Topeka Water and
Electric Power Company shall, under the fran
chise hereby granted, open up any of the streets,
avenues or alleys of the city of Topeka, it shall
serve notice of its intention SO TO do upon the
days before the time work is to be commenced
on such streets avenues, alleys or public
grounds. and thereupon the City of Topeka
Shall appoint. at the expense Of the Topeka
Water and Electric Power Company. . suitable
person TO act in conjunction with the city engi-
neer in experimenting and directing the work
on such streets. avenues, alleys, or public
grounds, the compensation OF the person so Ap-
month. Not more than three blocks on any
street, avenue or alley shall be opened up. or
remain open, at any time. and all portions Of
such street, avenue, or alley upon which work
has been done, except such three blocks so per-
mitted to be open, shall be placed in as good
by said company repaving and reflling the same,
under the supervision and direction of said
excavation shall be made, it being the intention
that no greater portion of any street, Avenue or
be in disturbed condition at any one time. All
such work shall be done under the general diree-
in all respects under the provisions of general
ordinances of the city Of Topeka governing ex-
cavatiOns 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, it's successors or
assigns. TO comply with the provisions of this
section, according to its precisesterms shall en-
title the city of Topeka TO suspend any or all
rights, privileges and immunitles granted by
this ordinance TO said c0mnaIiV. its
and assigns. until such time as said company, its
successors or assigns shall have fully carried
out the provisions of this section according to
its true intent and meaning. Upon it becoming
apparent to the city engineer that any of the
ner wiIlfuly violated, it shall be his duty to
cause all work by said company on such street,
avenue or alley, to be forthwith discontinued
and operations thereon shall not be resumed
by said company, Its successors or assigns I'M
complied with to the satisfaction Of such city
engineer.
unless the same shall be accepted by the said
The Topeka Water and Electric Power COM
pany, Its successors or assigns, within twenty
days after the passage and approval thereof.
fling with the city clerk of the city OF Topeka a
written acceptance of each and all of the terms
and conditions herein contained.
SEE 8 That ~ tb Wltn mn twenty n days sfteF the
and Electric Power company shall file with the
city of Topeka good and sufficient bond, in
the sum OF twenty thousa nd 20.000) dollars,
conditioned that in consideration of the
granting of this franchise, if said company
shall fail for three months after the publication
of this ordinance to begin the actual eonstruc-
ton of dam across the Kansas river and the
Improvements authorized herein, in good faith.
reasonable dispatch, said bonds shall become
due and payable to the city of Topeka as iiqui-
dated damages to the city of Topeka for such
failure to begin and prosecute the Aforesaid i'm
prOvements.
SEC 10. This ordinance shall take effect and
be in force from and. after its passage, approval
and publication.
Passed the council March g. 1896
Approved March Il, 1895.
IsEAL1 T. w. HARRISON, Mayor,
Attest: B. 8. MCFADDEN,
City Clerk.