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


streets. avenues and alleys and the water
courses of the city of Topeka to The Topeka
Water and Electric Power company, its sue
cessors and assigns. for the construction .erec-
tlon conduct and maintenance of electrical
oRe woks ond or and
transmitting electric light. heat and power,
PURPOSES I Wh a s1cb nd aVT o IKE
can be used. and regulating the same and
granting the use of water courses IN connec-
Be it Ordained by the Mayor and CoMncnmen
OF the City of Topeka:
SECTION /. That the Topeka Water and Elec-
trio Power company its Successors and assigns.
desiring to build one or more dams across the
Kansns river in Shawnee county, Kansas, and
certain raceWays In connection Herewith, for
the purpose OF generating and transmitting cleo
trio light heat and power, and transmitting
power by compressed air or any other means or
by reason of the improvement by said company
of such water power and its connections. and
purposes for which the same may be used and
for furnishing water and water power, be, and
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, attachment sand appur-
tenanceS in, or adjacent to, the city of Topeka
IN sao county OF ohaWnee ana sIate OF hanSaS'
for heating Illuminating, refrigerating Ventilat-
ing and other purposes, and for furnishing
water and motive power; to construct lines
above ground, to erect and maintain the neceS-
sary poles therefor. and to erect, maintain. and
operate electric wires above and under ground,
conduits below the surface of the ground for
conveying and distributing compressed air for
a. and any purposes for 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
such pipes and conduits may be used, on any
and all streets, avenues and alleys of the city
of opeka; and also to construct, erect and
maintain all necessary buildings, machinery,
attachments and appurtenaneeS of every de-
scripton necessary, proper or convenient for
use In connection with said electric, water and
other works and air-compressorS. =
For the purpose of erecting said poles and
wires, or LAYING said pipes, attachments, appur-
tenances or other appliances necessary, proper
or convenient in the construction, erection.
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,
and alleys, of the city of Topeka, and
ways, 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 in such case the pavement
| and sidewalks shall each and all be repaired
| which they are paved at the time the same are
! so entered upon, and placed and left In as good
excavations shall be refilled with all con-
venient speed by and at the expense
Eleetrict Power company. its successors and
assigns, and all subWays, cavities, conduitS or
|
shall be so constructed and maintained as to
| 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 of the city engineer and to the
satisfaction of the mayor and council of said
| city. 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 priv
| Ieges 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 To-
SEC. 2. All electric wires. poles attachments.
| appnrtenances and line, or lines, shall be SO
| tanned and managed. and said pipes shall be SO
laid and said subways cavities, conduits and
| under ground structures constructed as not
| to unreaSonably obstruct the of said streets,
| avenues, alleys or public grounds, or unreason-
| or use of said streets, avenues alleys of said
| city; the poles and wires, connections and ap-
| purtenances shall be firmly placed and shall be
erected, under the direction of the city engineer
of said city, at such place, places in the Streets
| 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
the provisions Of this ordinance al ex-
thereof sha P %a ea snS R the
| 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-
| moved or interfered with the part of said
city except as herein provided:
| so as to authorize the exclusive use of any
streets avenues. alleys, or any of the public
! grounds of the city of Topeka. to any firm. per-
| Son. company or corporation, for any Of the
| 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
| appurtenances thereto, and the operation of the
| same, or the making of any excavation and the
| erection of any underground structure. and the
| continuation and operation of the same, or the
use of any watercOufSe herein granted, hold and
save the city of Topeka harmless against any
and all loss liability or damage that may be cauS
ed to any person, persons company or corpora
| ton either directly or indirectly by reason Of the
construction, erection, maintenance and opera
ton of SAID electrical works, alr-compressors
and appurtenances. or the laying OF pipes or
the construction of underground condutJS, sub
ways other structures. or the use OF any
water-course herein mentioned, and snail de-
| fend any and all actioas that may be commenced
against the city of Topeka for any and all such
damages. whenever requested by the Mayor
! and Council of said city SO to do.
SEC S. Whenever the city of Topeka shall
determine by general ordinance that any
lines of wire for illuminating. heating
or other PURPOSES OF Tor ,rr furnish D.
| otherwise, shall be laid under ground, then and
| in such case. all lines and conductors erected
| above ground under any of the provisions of
| this ordinance shall be taken down and trans
| ferred under ground as may be provided in such
! general ordinance ana with as little delay 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
| five years 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
sgdS; 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 general ordinance as hereinbe-
fore provided. the same shall be done at the
cost and expense of the said The Topeka Water
and Electric Power company. its successors or
assigns and without any expense or damages
| whatever to the city of Topeka; and provided
further that the provisions of this section
stall not apply to such wires or portions thereof
| as necessarily must remain above ground for
| purposes of connection or general oversight.
SEC 6. That the said The Topeka Water and