The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-12-26
Ordinance No. 1881.

works. mains and lppurtenances. for the pur-
pose OF manufacturing, selling and supplying
gas to the city and citizens of Topeka, shaw
nee county. state of Kansas, and defining the
rights, privileges and powers Hereunder.
Be it ordained by the mayor and couneilmen of
OF the city of Topeka:
Section !. That the said James R. McIlvried.
his successors and assigns, be and are hereby
city charter of said city. to construct. acquire.
maintain, and operate gas works in the city of
ture, sell and supply gas IN said city TO lay.
and maintain pipes and mains with all neceS-
sary and proper attachments, connections and
appurtenanceS, below the surface of the streets.
avenues, sidewalks, highways, alleys and pub
lie grounds. and on the bridges and viadueEs.
except the viaduct on Sixth avenue east. i'll said
city Of Topeka. as the boundaries thereof are
now and may hereafter be, for the supply and
Of gas ana and for the
all necessary posts for lamps and Ian
terms. and for The same purpose to make
connections for consumers with such pipes and
mains. provided that all pavements. macadan,
and sidewalks shall be taken up. and all eXcava-
ways, alleys and public grounds shall be made
under tho supervision of the city engineer of
said city. and such lamppoStS. pipes and connec-
tons shali De located IN such portion OF the
streets. or highways as may be designated by the
city engineer: provided further. that said pave
ments. sidewalks and macadam and excavations
shall be replaced and repaired and kept in re-
pair for 4 period of one year thereafter, with
like material, and left i'll as good condition as
before. Should said grantee all or refuse to
place and restore SAID paYementS, macadam,
Sidewalk and excavations within reasonable
time, then the same may be replaced and re-
stored by the city under the directions of the
city engineer, at the cost and expense of said
grantee who shall deposit with the city treas
urer the sum of five hundred dollars ($500.OO)
for the faithful compliance with this section
And as often as any portion OF said sum is used
by said city engineer said grantee Shall on notice
from SAID city engineer. deposit a correspond
excavations are made by said grantee at any
time, IN any street or highway, for any OF the
purposes named in this ordinance. said grantee
shall obtain permit therefor from the proper
officer of said city. which permit shall state
the particular part of the street or highway
where said work is to be done and the length of
time said permit shall authorize work to be done
hereunder.
Section 3 Under the permission and author
ity hereby granted. the said grantee shall fur
niSh q good commercial gas, five (5) feet of
which shall be capable of producing a light
equal to that produced by twenty-five (22) stand
ard sperm candles (22-cande power suitable
for Illuminating. heating and mechanical pur-
poses The rate TO be charged by said GRANTEES
for gas for public and private consumption shall
not exceed one dollar and ten cents (sI10) Per
cents OGc) per thousand cubic feet all bills
paid on or before the tenth (10th) day of the
month following that in which the gas was con-
Section g. Said grantee agrees when and as
often as required to do SO by the city of 1ope-
ka during the term of this ordinance TO bid for
the annual contract for the supply of gas for
street lamps along the line of its mains, at a
rate which shall not exceed for each lamn
capable of burning gas. at the rate OF four al
feet per hour. twelve dollars (S12.OJ) per an
mum. if lighted by the Philadelphia or moonlight
schedule. or eighteen dollars iS1S00l per anniim
if lighted every night one-half hour after sunset
and extingulshed at one ~ hour before sun
rise said sum in either case to include furnish
ing. constructing, lighting. extinguishing,
cleaning and requiring.
Section 4 Said grantee shall not open or en-
cumber at any one time, more of any Street ave
nue. highway, Sidewalk, alley or public place than
may, i'll the opinion of the city engineer be nee
essary to enable him to proceed with advant-
age in laying and repairing mains and pipes;
nor shall he permit any such street. avenue
sidewalk, highway. alley public place SO
opened or encumbered b. him TO remain omen
or encountered for longer period of time than
shall IN the opinion of tile city engineer be nee
essary In all cases where any streets avenue
sidewalk, highway or public place shall be en-
numbered or eXcavated by said grantee, he
shall take all precautions for the protection of
the public usual under such circumstances and
under such rules and regulations as may now
naneeS of said city. Whenever the city shall
grade or regrade any street. alley public
highway along or across which said grantee
has constructed any pipes or mains, it shall be
the duty of said grantee. at his own expense, to
change said pipes or mains as to conform
so graded or regarded on an order therefor
from the city eng .neer of said city.
Section 5. Said grantee shall extend his pipes
and mains for the distribution of gas on such
graded streets, avenues, sidewalks, highways
alleys and public places as may be named bv
ordinance followed by notice from the city en-
gineer to proceed Hereunder and within the
time spec, fled in said notice; provided. that in
every such case at least eight (S) consumers on
an average for every four hundred (4OO) feet of
extension so made necessary shall first in writ
ing agree to take gas from said grantee for
period of not less than one year at the general
rates each tap for public lighting to be counted
as one consumer.
Section G. Said grantee shall, at his own ex-
pense, bring connecting pipes for consumers to
lot lines and construct shut off, and may, with
the approval OF the ciSy engineer, make Such
reasonable rules and regulations for making
connections for private consumers with the dis
tributing or service pipes of said grantee as
C9id rraDtee NAV deem proper, No
company or corporation shall make any such
connections without first obtaining a permit
therefor from said grantee.
Section Z. In case of making repairs, or con-
structing new work, the said grantee shall have
structiOn or repairs and keep the same shut off
for such time as may be necessary to accom-
plish the purpose:
to shut of gas from any consumer who may be
in arrears for longer period than fifteen days.
Section 9. In constructing. repairing and
operating said gas works said grantee shall use
| every reasonable and proper precaution
10 10 person or property aiit: shall at all times
| and in ali places, hold and save harmless said
city, from all and every such damage, injury.
| loss or expense caused or occasoned by reason
J of any act or failure to act, of said grantee in
| the construction. repairing or operating of said
/ or repairing of any street OF by reason of any
act done by said grantee
| Section 10 All prohibitions. amendments,
forfeitures and all other provisions of this ordi
nance shall be binding upon said grantee, his
successors and assigns; and all grants and priv
! ileges secured by this ordinance to said grantee
| shall be held to inure to the benefit of his Iega
| and bona fde successors and assigns. Nothing
| of this ordinance shall be construed as granting
| to said grantee an exclusive franchise, rights oil
privileges.
| and have said plant in operation within eigh
| teen (s) months from the acceptance of tIli:
| ordinance provided that if the construction o.
| said works provided for in this ordinance oil
| any part thereof, shall be prevented or delayed
by injunction or other legal proceedings. for any
| length of time, said time shall not be counted
as part of the time for the completion of sale
! works OF part thereof, but shall be added there
to so that the time specified for the completion
of said Woras shall be increased to the extent o.
the delay; but the prevention by injunction pro
ceedings of the laying of the pipes upon an!
| street, avenue or highway, or the construction
of any particular portion of said works, shall
not be construed to relieve said grantee from
constructing. within the time hereii
| 10 which such injunction does not apply; anC
provided further. that il any legal proceedings b.
| commenced against said grantee by which he
ba praveuted DELAYED in the cOQstruc