The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-19

| the penalties ana IaDll1tleS imposed Dy
! the ordinances of the City of Topeka.
| The Excelsior Coke g. Gas company
| shall not be required to extend Its
mains only in such districts as Will
| give one paying consumer for each 1Ou
Hneal feet of pipe necessary to be laid
| Section 3. That the said Excelsior
Coke e. Gas company, it's successors
and assigns, shall never charge any OF
i the inhabitants of said city, during the
period of this grant, more than $1.S5
per thousand cubic feet of gas furnish
ed by said company, provided that all
! consumers of gas in said city who pay
\ at the company's Office for gas consum-
\ ed on or before the 10th day after the
month succeeding the consumption of
gas charged for shall be entitled to
a discount or reduction at the rate of
ten cents for each one thousand cubic
feet, and provided further, that when
the consumption of gas at the rates
herein provided for by any one consum-
er for one month is less than fifty
cents. the company may charge fifty
cents for such gas consumed. And fur
Their provided, that said company may
make such reasonable rules for the pre-
vention of loss or waste in the conduct
and management of its business, and
the sale and distribution of gas to it's
customers, as may from time to time
be deemed necessary
section 4. That said Excelsior Coke
& Gas company shall not at any time
during the continuance of the rights
and privileges herein granted charge
city a higher rate per thousand cubic
feet than the lowest current rate per
thousand cubic feet it charges to any
of its customers.
Section 3. The city of Topeka re-
serves the right at am time it shall see
fit by ordinance to require of said the
Excelsior Coke & Gas company a re-
port once in every six months, to be
made by said Excelsior Coke & Gas
company to the mayor and city council
of said city.
That said the Excelsior Coke and
Gas company shall from and after ac-
cepting this ordinance and as a part
consideration for the rights, privileges
and franchises hereby granted, an
nually pay into the city treasury of
the city of Topeka ten per cent. Go
per cent? of its annual net earnings
over and above ten per cent. Go per
cent? earned by said Excelsior Coke
and Gas company on its investment;
and in consideration thereof, all con-
tracts, rights, privileges, licenses and
franchises hereby granted to said Elk
celsior Coke and Gas company shall
continue in force for period of thirty
years from and after the date of the
passage and approval of this ordl- |
nance.
THAT the mayor and council of the |
city of Topeka shall, at all times dur |
ing the existence of the grant. con- |
tract and privileges in this ordinance |
contained, have the right by ordi- |
nance to fix reasonable schedule of |
maximum rates to be charged by the |
said Excelsior Coke and Gas company |
within said city; provided, however.
hat said mayor and council shall at |
no time fix a rate that will prohibit |
said company from earning at least
EN- per cent. Go per cent? on it's
capital invested in said city of Topeka
over and above its reasonable operat-
ng expenses and the expense for
and taxes
Section 6. And as a further con-
"a Of &c
franchise. said gas company is re-
Iuired to spend the sum of one hum
ired and seventy-five thousand dollars
.$175, 00O) in the laying of street
mains and pipes, and increasing the
capacity of its plant, said improve
nents to be commenced within three
months from the time this ordinance
axes effect, and to be completed
within eighteen months after COM
nencing work.
Section z. That upon the termina-
ion of said franchise, at the conclu-
ion of said period of thirty years,
title to said Excelsior Coke and Gas
,ompany's grant, rights and priv s
leges, as we'll as all the property per-
aiming thereto. in the manner fol- {
# Topeka may, upon the termination
# this grant, file a petition in the
district court of Shawnee county,
Kansas. against said Excelsior Coke
|
uccessors or assigns of said Excelsior
Joke and Gas company, which petit
ion shall contain general descrip-
ion of the plant or property, setting {
orth the interest or property rights
# said corporation or others therein, {
s near as may be done. and praying l
hat the city may be permitted to ac- {
uire a title thereto in the manner I
rovided by an act of the legislature /
f the state of Kansas, approved ,
Iarch IS, 1908, entitled An act re-
lting to cities of the first class and /.
epealfng chapter 81 of the laws of !
thereto, and chapter 50, I
avs of 1897, and all acts amendatory 8
nd supplemental thereto, insofar as q
he same relate to cities of the first :
lass
Thirty days notice shall be given all !
ersons interested in said property at /
ne time for the hearing of said appli- I
alton. by publication in three success &
i've issues of some weekly newspaper
{ the city of Topeka having general l
regulation therein, the first publica- !,
on to be made in said paper not less t
IAN thirty days prior to the time of d
Ter given by delivering a copy of the a
office, so as aforesaid to be published. {
} the manager in charge of the said
ne Excelsior Coke & Gas company's
if sucn manager can be 7
'und within the county of Shawnee; q
lat in such proceedings, petition and
0tlce, IL snail not be necessary to state | v
lie names of any of the parties in =
rested as defendants, except those of
lie reputed owner or owners.
That after said notices have been
rived and made as hereinbefore pro-
ded, the said property shall be ap-
'aised and acquired and paid for by
lie said city in strict accordance with :.
e requirements and provisions of said u
I. approved March 13. 1908. relating II
cities of the first class, hereinbefore n
10 !
reeted shall be in all respects COM
led with and followed. n
Section s. That within thirty days 81
ter the massage and apuroval of this II
said The Excelsior Coke &. c.