The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-11
LEGAL

LEGAL
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lected shall choose a third and If said
third. then such third appraiser shall be
selected by the judge of the district court
OF shawnee county, Kansas, and the said
three appraisers so chosen shall, within
six months after the appointment OF the
last appraiser. make a report in writing
of the value of said property. to the city
of Topeka and to the said THE Topeka
Federal Light. Heat and Power Com
pany' and the said city of Topeka shall
have the option within six months after
the receipt of said report. to purchase said
plant and property, together with all its
appurtenances and equipments at the ap-
pra1sedsvaIue so fixed by said appraisers.
provided however, that if said city shall
so elect to 50 purchase said plant, then
said The Topeka Federal Light. Heat
and Power Company" shall have the
right to operate the said plant and receive
the profits therefrom during the time such
arbitration IS in progress and until the
same shall be completed and the purchase
price as hxed by the arbitration has been
made
Section Is. The franchise and rights
hereby granted are upon the express con-
dition. that until such time the gas
hereafter erected or acquired by said
THE Topeka Federal Light. Heat and
Power Company" shall earn an amount
sufficient 10 pay the legitimate expenses
of operating said plant plants. and an
amount equal to six per cent per anntira
on the capital invested, said THE Topeka
Federal Light, Heat and Power Com
pany shall pay annually to the city Of
by granted. the following sums of money:
At the end of each year. excepting the
first after gas shall have been turned into
the pipes for public service. = sum equal
to three per centum upon the gross re-
ceipts from the sales Of gas and electric
current Tor term OF TOUR years anu TOUR
per centum per annun on the gross sales
OF gas and electric current for each OF the
next I'VE years and i've per cent per an
mum for the remainder of said franchise,
unless the proceeds from said plant or
plants shall be sufficient at an earlier
date to pay the legitimate operating eX-
penses of said plant or plants. and six per
cent per annum upon the capital invested.
It being the intention of the parties here
TO TO comply with the intent and spirit of
section Of chapter s. Of the Session Laws
I of 1897, that is to say, as soon as the
/ gross receipts from the sales of gas and
/ electric current from the plant or plants
I to be constructed or acquired by said
] The Topeka Federal Light. Heat and
Power Company shall equal an amount
sufficient to pay the legitimate operating
4 expenses of said plant or plants, and six
! per cent on the capital invested, then at
said time the royalty heretofore provided
( 1or IN TINS secuon shall cease, ana the eN-
/ cess received from the sales of gas and
I electric current. after deducing the legiti-
/ mate operating expenses and six per cent
on the capital invested, the surplus shall
| be paid into the treasury of the city Of
7 Topeka. for the use of the streets alleys
! and other public grounds in the city of
/ Topeka Said The Topeka Federal Light.
Heat and Power COMPANY shall file with
/ the city clerk on the first day of January
and July Of each year sworn statement
showing the amount of the gross receipts
for the preceding six months. and the
right is hereby reserved TO the city of To-
peka- and said The Topeka Federal
| Light. Heat and Power Company hereby
consents that any officer or committee
said city shall have free access To- and
! may examine in detail all of the books,
records and papers kept by said The To-
peka Federal Light, Heat and Power
Company" showing the receipts and dis
bursements of said The Topeka Federal
Light Heat and Power Company in the
operation of said plant or plants But il
is hereby especially provided that if said
chapter 81 referred to in this ordinance
or such part thereof as relates to this sec
ton Of this ordinance should be repealed oil
in any way become imperative then the
amounts to be paid by said THE Topeka
Federal Light. Heat and Power Company
TO the city of Topeka under this ordf
nance shall be the taxes upon the gros:
sales of gas and electric current as pre-
viously provided herein
Section Il. If said THE Topeka Fedora
Light, Heat and Power Company or an.
corporation which it may organize. shal
at any time during the term of this fran
ehies, transfer the franchise or rights
hereby granted, to any other gas compan,
: or electric light company now operating
IN the city of Topeka, or make any con
solidation with such company. or shall
any gas company or electric light com
I pany now operating in the city of Topeka
: acquire the franchise or rights, hereb!
2 granted the corporation acquiring sucl
franchise or rights or the consolidated
company, shall be subject to all the term
and provisions of this ordinance. and shall
operate its plant or plants under the pro
. privileges and obligations herein granted
or imposed upon said THE Topeka Fed
eral Light Heat and Power Company
shall apply to and be operated in favor 0
or against any successor Of said "Th
Topeka Federal Light. Heat and Powe
! Company or any corporation that ma,
be organized by it.
1 Section Is This ordinance shall tax
effect and be in force from and after il
= publication in the official city paper.
Passed the countil April ?. 1900
Approved April L, 1900.
(Seall c. J. DREW, Mayor.
= Attest: ]. H. SQUIRES, City Clerk.