The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-15

plans ana eSI1mdt0 OF COST OF Du1ulug
bridge across Shunganunga creek on
Lake street. adopted August z, 1898, be
called up and referred to the committee
on streets and walks, which motion pre-
vailed.
The ordinances in references ito the
dam. which was pending when the coun-
Gil adjourned April 10, 1895, was taken
up and section one was read when Mr..
Pattison offered ordinance No. 1878, as a
substitute, which was read entire MIR.
Pattison moved that rule 10 be sGs-
pended and the ordinance be considered
now. AIr. Bradford moved to amend by
postponing the consideration of the or
dinance until June 5, 1895; on roll call
the amendment to postpone was lost.
Mr.. Pattison's motion to suspend rule ID,
was on roll call carried by a vote of s
to 2
Sections 1, 2, 8, 4, 5, 6, 7 and were
read and on separate motions each section
was adopted.
Section nine was then read. Mr.. Brad
ford moved that section 9 of ordinance
No 1774 be inserted as EeCsson nine of
this ordinance, which m0tion prevailed,
and on motion section of ordinance No.
1774 was adopted as section OF this
ordinance.
BY consent original section nine of this
ordinance was made to read section ten,
was made to read section eleven. On
separate motions sections ten and eleven
was each adopted
Mr.. Stevens moved that the vote by
which section nine was adopted be re-
considered, which motion prevailed. The
city attorney suggested that section nine
be amended so as to read as TO lows:
SECTION 8. That within twenty days
after the publication of this ordinance,
The Topeka Water aud Electric Power
Company shall file with the city of To-
peka a good and sufficient bond, in the
sum of twenty thousand ($2O,00O) dollars.
conditioned that in consideration of the
granting of this franchise, if said COM
pany shall fail for three months after the
publication of this ordinance to begin
the actual construction of a dam
across the Kansas river and the
Improvements authorized herein in
good faith, and prosecute the construction
thereof with reasonable dispatch and hold
the city of Topeka harmless from
any and all damages that may occur on
account of the granting of this franchise,
and the faithful performance OF any con-
tract that may hereafter be entered into
between the Topeka Water and Electric
Power company and the city of Topeka,
said bonds shall become due and payable
to the city of Topeka as HQuidated dam
ages to the city of Topeka for such fail
ure to begin and prosecute the aforesaid
improvements"
Mr. Bradford moved that section be
adopted as amended, which motion was
adopted.
The roll was then called on the final
passage of the ordinance, and it
was passed by the following vote:
Ayes-Burgess, Drew, Elliott, Full
ton. Pattison, Roundtree, Stevens, aud
Skinner-8 Nays, Bradford and Steph-
enson-2 The title was read and agreed
| to.
Mr. Fulton moved that the alternative
contract be read and considered, which
motion carried. After the proposed con-
tract had been read entire by the city
clerk, Mr. Bradford offered a substitute
| subject to amendment and debate. The
substitute, on roll call, was rejected by
vote of to 2.
Mr. Pattison moved to change time of
payment on page 2, and make same
monthly on the 10th of each month.
The motion was lost Mr.. Stew
ems moved to amend by making pay
terly, January 10th. April 10Th, July 10TH
and October 18th, in each year, which
motion prevailed.
MI Burgess moved to make 900 horse
power read 400 horse power. Lost by
vote of to 4.
Mr Drew moved the adoption of the
contract as amended, which motion pre-
vailed.
]. B. Larimer appeared and made
argument against the contract, saying
that it may involve the city in serious
litigation.
Mr. Stevens offered the following re-
solution:
Whereas, The city of Topeka has
granted to the Chicago Topeka Light,
Heat and Power company certain fran
chise, according to the provisions of or
dinance No. 1853 of the ordinances of
the city of Topeka, and, in connection
with the franchise so granted, has en-
tered into contract with the said com
pany for the furnishing to the city, by
said company, of six hundred electrical
horse power per annum, for a period of
ten years, at forty dollars per horse pow
er per annum; and
Whereas, The city of Topeka has
granted to the Topeka Water and Elec-
according to the terms of ordinance NO.
ITS of the city of Topeka; and
Whereas, the said The Topeka Water
and Electric Power company desires and
proposes to enter into contract with the
city of Topeka for the furnishing to said
city of six hundred electrical horse pow
er per annum, for a period of ten years,
at rate or price of forty dollars ($40)
per horse power per annum, subject,
however, to the prior contract of the said
The Chicago Topeka light, Heat and
no effect if the said The Chicago -Tope-
ka. Light, Heat and Power company
shall, in good faith, construct, erect and
maintain the dam in and across the Kan
sas river. by it to be erected and main
tanned as contemplated in its said fran
| I'D . of arrtIr "a