The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-17
Ordinance No. 1878.

AN ORDINANCE granting the use of the
streets, avenues, and alleys and the water
courses OF the city OF Topeka to The Topeka
Water and Electric Power company, its success
sors and assigns fer the construction. erection,
conduct and maintenance of electrical works.
water works, air compreSSOrS and other
works, and for furnishing and transmitting
electric light, heat and power and for refrig-
Grating, and Yentilating and for all purposes
for which such power and works can be used
and regulating che same, and granting the
use OF water courses in connection Herewith
Be it Ordained by the Mayor and Councilmen
OF the City OF Topeka:
SECTION 1. That The Topeka Water and
Electric Power company, its successors and as
signs desiring to build one or more dams across
the Kansas river in Shawnee county, Kansas,
and certain raceWayS in connection Herewith,
for the purpose of generating and transmiCtinp
electric light; heat and power. and transmit
ting power by compressed air or any other
means or force NAV be generated deyeioped or
Utilized by reason of the improvement by said
company of such water power and its connec-
lions, and for refrigerating and ventilatng and
all other purposes for which the same may be
used, and for furnishing water and water pow
er. be, and it and they are hereby authorized, in
connection with the building and operation of
SAD cams, faceWays ana water power SO as to
utilize the power thereby created. and the
water storage In connection herewith, and sub
Ject TO the conditions hereinafter provided. TO
establish construct and maintain electrical and
other works, air compressors. attachments
and appurCenances IN, or adjacent to. the
city OF Topeka in said county of, Shaw
nee and state OF Kansas. for heating.
Illuminating, refrigerating. Ventilating and
other purposes, and for furnishing water and
motive power; TO construct lines above ground.
90 erect and maintain the necessary poles there
for, and to erect maintain and operate electric
wires above and under ground, and to lay.
pair, keep and maintain pipes and cOnduits be-
low the surface of the ground for conveying and
distributing compressed air for ali and anV DUR
poses for which such compressed air may be
Il ed. and for the conyeyances OF wires and for
the conveyance and distribution of water and
for any and all purposes for which such pipes
0TaTrQ 9f nj
streets, avenues and alleys of the city of IOpe-
ka; and also TO construct. erect and maintain
all necessary buildings, machinery. attachments
and appurtenances of every description neceS-
sary, proper or convenient for use IN connection
air compressOrs.
For the purpose of erecting said poles and
wires. or laying said pipes, attachments, appur-
telanceS or obneF appliances necessary, proper
or convenient in the construction. erection
maintenance and operations of SAID electric,
water ana othef WORKS ana repairing the same
during the continuance of tins franchise. the
said The Topeka Water and Electric Power
company may enter upon said Streets avenues
and alleys of the city of Topeka. and may make
such excavations, cavaties, subwayS, c0nduits
and under ground structures therein as NAV be
necessary. in such manner as to give the
least Inconvenience to the inhabitants of said
city; and in such case the pavement and side
walks shall each and all be repaired and re-
placed with tho same material with which they
are paved at the time the same are so entered
upon, and placed and left i'll as good repair and
condition as before; and all excavations shall
be retilIed with all convenient speed by
Topeka Water and Electric Power COM
pany. It's successors and assigns and
all sub-ways. cavities, cOnduts or other Struct-
ureS under the surface OF the ground shall be so
constructed and maintained as to permit the
surface OF the ground to be suitably maintained
IOr al purposes Tor winch the same may be
used; all of which shall be done-u under the
supervision Of the city engineer and to the sat
lS1acson OF The mayor and council OF said city.
The use of the creeks and water courses within
the corporate limits OF said city hereby granted
to the said The Topeka Water and Electric
Power company for ali such purposes as NAV
be necessary or convenient in connection with
the full enjoyment of the rights. privileges and
franchises hereby granted; provided that the
same snail not be used in any manner
detrimental to the health of the inhabitants OF
said city or the sanitation of said city of Topeka
SEC. 2. All electric wires. p1les, attachments
appurtenances and line or lines. shall be sc
erected. placed or constructed, operated. main
tanned and managed and said pipes shall be sc
laid. and said sub-wayS. cavities. conduits anC
unreasonably obStruct the of said streets
avenues. alleys OF public grounds. or unreason
ably Interfere with the public work OF trave
on: or use OF SAID streets. avenues or alleys OF
said city; the poles and wires connections and
De erected under the direction of the city en-
gineer OF said city. at such place. or places, il
the streets. avenues and alleys of said city a!
conducting wires erected and maintained
above ground shall not be less than twenty-five,
I'D 1eet above the established grade of al
streets. avenues and alleys on which tn
same may be placed, and SO not t
any survey becomes necessary to carry on
the provisions of this ordinance, ali ex
penSeS thereof shall be defrayed b
the SAID The Topeka Water and Electric Powe
company. its successors or assigns: provides
that the said poles and wires once having bee
placed and located as herein provided under til
superlntendenee of the city engineer and tn
direction OF the mayor and council. the sam
snail not hereafter be removed or interfere
with on the part of said city, except as herei
provided.
SEC. 3. This ordinance shall not be construe
so as TO authorize the exclusive use of an
streets, avenues or alleys of the city of TOpek
TO any llrm person. company or corporation fc
any OF the purposes herein mentioned
SEC. 4 The said The Topeka Water and Elet
tfIc rover company. It's SUCCESSORS and assign
snail at all times during the erection and col
stTuctlon of said electrical and other works an
ar conlpressoFS. poles, wires and appurtenanct
thereto, and the operation of the Same or til
making OF any excavations and the laying of al
pipe, conduit or subway. or the erection of ar
underground structure and the continuation an
operation of the same or the use OF any watt
course herein granted. hold and save the City
Topeka harmless against any and all loss. lab
blllty or damage thar may be caused to any pc
son, persons. company. or corporation. eth
directly or indirectly. by reason of the eonstrn
tlon erection, maintenance and operation
said electrical works. air compressorS and a
purtenances, or the laying of pipes, or the co
other structures. or the use of any water cOurs
herein mentioned. and shall defend any and {
actions that may be commenced against Il
City OF Topeka for any and all such damage