The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-16

tending or renewing the rights or priv
ilegeS which said water company has
under said ordinance and the laws re-
Iating thereto, and without making any
original grant, lease or contract Where-
by said water company can claim the
right for an additional period of time to
furnish said city with water; and,
Whereas, The water company is will
Ing to compromise the matter and eX-
tend its mains as requested by the
city, subject to the limitations herein
contained, and to accept as cOmpenSa-
ton twenty five dollars ($25) per by
drant per annum for ten (10) hydrar ;
per mile upon said extensions, and
twenty-five dollars ($25) per annum
upon existing hydrantS in excess OF
three hundred 5000, and is willing to
make other Concessions hereinafter
contained, without any renewal or ex-
tension of its rights under said ordi-
nance and without Surrendering any of
it's rights and privileges hereunder.
Now, Therefore, For the purpose of
settling said differences,
Be it Ordained, by the mayor and
councilmen of the city of Topeka:
Sec. 1. That during the balance of
the time said ordinance No. 400 is in
existence the said city shall pay to the
said The Topeka Water company the
sum of twenty-five dollars (S2o.OO) per
hydrant per annum for ten (10) ny
drants per mile placed upon all extern
Sions of mains which are made at the
request OF the CITY, anu Twenty i've
dollars ($25) per hydrant per annum
upon existing hydrantS in excess OF
three hundred 5000. Provided, that
nothing herein contained shall be con-
strued as an extension or renewal OF
the rights granted by said ordinance
No. 400 or as the making of an original
grant, lease or contract whereby SAID
Topeka Water company can claim the
right for an additional period OF time
to furnish said city with water. And
Provided further, that nothing herein
contained shall be construed as in any
wise abridging or impairing any of the
rights of said water company under
said ordinance except as to the COM
pensatiOn it shall receive for said by
drants and the reduction in house and
lawn rates. as herein provided.
Sec. 2. The said Topeka Water com
pany shall make such extensions of its
mains and upon such locations as may
be decided by the mayor and council,
provided it shall not be required TO eX-
tend its mains for a greater distance
than six 90 miles during a period OF
one year from the passage and APPROX
al of this ordinance, nor for greater
distance than two % miles for each
succeeding year. If the maximum dis
lance for each year as provided for in
this section shall not be called for in
any year. the city shall not have the
right by reason thereof to require the
water company in any subsequent
year to lay mains in excess of the dis
tances above provided for.
Sec. 3. Said Topeka Water company
shall make a twenty GOD per cent re-
duction on house rates of houses con-
tanning five 60 rooms or less.
Sec f. Said Topeka Water company
shall make a reduction of twenty GOD
per cent on lawn rates. Provided, that
no such rate shall be less than five dol
lars C$5.OO) per annum.
Sec g. The city will pay in full sat
isfaction of the claim of said Topeka
Water company amounting to six thou
sand, one hundred and siXty-seven and
6O-1OO dollars ($6,167 .60) for rental OF
hydrants in South Topeka up to June
80 1897 the sum of three thousand,
eighty-three and $1,000 dollars ($3,OS3.-
S0) The rentals upon said hydrantS in
South Topeka, all of which are in eX-
cess of the three hundred 5000 by
drants provided for in said ordinance
No 400, are to be paid for at the rate OF
twenty-five dollars S(25) per hydrant
pc rannum, for the time subsequent 10
June so, 1897.
Sec. 6. That hereafter the Topeka
Water company shall list all its prop
erty for assessment and taxation in the
city of Topeka, except it's pumping sta
ton in Topeka township and such
mains as are laid in Topeka township ;
and said company by accepting this or
dinance covenants and agrees that 1t
will hereafter pay all taxes assessed
and levied against 1t by the city OF To-
pelIa upon it's property in said city
and will in nOW1Se endeaVor, directly
or indirectly. to have said property
listed for taxation or transferred out
side of the city of Topeka, and will up
on the passage of this ordinance and
before the acceptance of the same, at
its. cost dismiss action No. 1920 in the
circuit court of the United States, dis
trict of Kansas, and Immediately pay
the taxes sought to be enjoined by said
action, and any violation of this sec
ton by said Topeka Water company
shall work an immediate forfeiture of
all rights granted under this ordi-
nance.
Sec T. This ordinance shall take eff
feet and be in force from and after its
publication in the Topeka State Jour
nal. and upon the filing with the city
clerk by the said Topeka Water com
pany of a written acceptance of the
provisions of this ordinance.