The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-15

and construction of said electrical and other
works. and air compreSsors, poles, wires and
same, or the making of any excavation and the
laying of any pipe, conduit or subway, or the
erection of any underground structure, and the
continuation and operation of the same, the
use of any watercourSe herein granted, hold and
save the city OF Topeka harmless against any
and loss liability or damage that may be caus-
ed to any person. persons company or corpora
tOne either directly or Indirectly, by reason of the
construction, erection. maintenance and opera
ton of sal electrical works, air-cOmpresSOrS
and appurtenances, OF the laying of pipes, or
the construction OF underground condultS. sub
ways or other structures or the use of any
water-cOurSe herein mentioned and shall de-
fend any and all acGiO that may be commenced
against the city of Topeka for any and all such
damages. whenever requested by the Mayor
and Council OF sad city so to do
7 SEC ). Whenever the city of Topeka shall
determine by general ordinance that any
lines Of wire for illuminating, heating
ing motive power by electrical current or
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
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
move and placed under ground for period of
hve years IRON 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. It's successors or as
sigdS; ana PROVIDED 1urther, thaI whenever
such wires are removed and placed under
ground, either with the consent OF the said The
topeka Water and Electro Power company, its
successors or assigns. OF in accordance with the
provisions of q general ordinance as hereinbe
lore 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
shall not apply to such wires or portions thereof
a necessarily must remain above ground for
purposes of connection or general oversight.
SEC. 6. That the said The Topeka Water and
agAf1l &c or nc
signs, shall within three months after the pass
age and approval of this ordinance, in good
falth commence the building and construction
of its said proposed dam, and shall be ready to
furnish electrical current TO consumers within
one year thereafter, unless restrained
joined, IN good faith, by some proceeding at law
or in equity, and the time they reStaned
or enjolneq shall not be taken or considered as
part OF the PERIOD herein mentIoned; and the
said The Topeka Water and Electric Power
company shall so improve the water privilege
OF said Kansas river that the plant of said
company shall, at all times, be capable of
furnishing at least fifteen hundred horse
power continually except in case of
Unavoidable accident or other casualty;
and in case the said The Topeka Water
and Electric Power Company shall not comply
Wi III the provisions OF this section. then the
city OF Topeka shall have the right Immediately
to forfeit TINS franchise and declare all of the
that II any proceedings for the forfeiture of
this franchise be based upon the failure of the
said COmpany'S plant to furnish at least fifteen
hundred horse power continually. this franchise
shall not be forfeited until said company shall
tenton to forfeit the franchise at least sixty days
before any such proceedings are taken, and if.
after service OF such notice, the said company
shall. in good faith, proceed to remedy such de-
feet. then d reasonable time shall be given for
the Improvement of such plant and such inn
proyement shall be sufficient 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 It's intention so TO do upon the
City Clerk OF the city of Topeka at least ten
days before the time work is to be commenced
on Such sCfeetS, avenues. alleys or public
grounds, and thereupon the City of Topeka
shall appeint. at tue 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-
pointed not to exceed seventy-ive dollars per
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-
mltted TO be open, shall be placed in as good
condition as II was before being entered upon.
| by said company repaving and refilling the same
under the supervision and direction of said
superintendent before any further opening or
excavation shall be made. it being the intention
/ that no greater portion of any street, avenue or
alley, than TO the extent of three blocks, shall
| be III disturbed condition at any one time. All
such work shall be done under the general direc-
ton of'the city engineer. and shall be conducted
ordinances of the city of Topeka governing ex-
cavations in the streets and alleys now OF here
alter III force IN said city.
Any failure on the part of The Topeka Water
| and Electric Power company, its successors or
assigns, 60 comply with the provisions of this
section, according TO its precise terms shall en-
4 title the city of Topeka to suspend any or all
| rights, privileges and immuniIieS granted by
| this ordinance TO said company. its successors
and assigns, until such time a said company lis
| successors or assigns. shall have fully carried
cut the provisions Of this section according to
! Its true intent and meaning. Upon it becoming
al parent to the city engineer that any of the
provisions of this section are being in any man
her Wilfully violated, it shall be his duty to
cause ali work by said company 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
I'll the terms OF this section shall have been
! complied with to the satisfaction of such city
| engineer
SEC. s. This ordinance shall not be binding
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