The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-03
shall be under the direction of the city

shall be under the direction of the city
| engineer.
Where a house or barn is to be moved
| and the wires or cables of the said Edi-
/ son Electric Illuminating company ant.
| twenty-five (25) feet or more above the
street surface, the house mover shall
pay the cost of removing and replacing
such wires and cables.
In making any and all excavations
and other work and Improvements and
| in exercising any rights and privileges
| under this franchise, the same shall be
done in accordance with the lawful or
dinanceS of the city of Topeka, passed
| by said city in the reasonable exercise
| of its police powers; and, if at any time,
| the said company shall fail or neglect
to properly fill any excavation, remove
any Instructions, or remove any poles
or wires erected or maintained in viola
ton hereof whenever directed to do so
| by the city engineer, or in any respect
to occupy with any lawful ordinance,
passed by the city in the reasonable ex-
erciSe of its police powers, within rea-
| sonable time after the service of a writ
ten notice upon said company, then said
city may do the required work neces-
sary to such compliance and the reason
able cost and expense thereof shall be-
come a charge against said company
subject to collection the same as any
other debt or obligation.
Section 3-That said Edison Electric
| Illuminating company of Topeka shall
save and hold the city of Topeka harm
SeS from the payment of which said
city may become liable to. any person,
company, or corporation by reason of
| the granting of the rights and privileges
herein granted to said company, or by
reason of the construction or corpora
| ton OF the plant of said company, or
by reason Of said company failing to
| conform to, or to comply with any of
the provisions or requirements herein
contained.
I Section 4-That nothing in this ordin-
ance shall be construed SO as to pre-
vent the city from ordering all wires
and cables placed under ground at any
time the city council shall deem the
same to be for the best interests of the
city. In case any wires are placed I'M
| der ground, or removed from the
ground the same shall be done under
| the direction of the city engineer of
said city, and at such place or places
and in such manner as may be directed
by the mayor and council of said city.
Section 5-This ordinance shall not be
construed to authorize the exclusive use
of any street or alley for the purposes
or uses named in this ordinance.
Section Elm case of failure on the
part of said company to comply with
any of the provisions of this ordinance,
| said company shall forfeit the rights
and privileges herein granted and this
| ordinance shall thereupon become null
and void.
Provided, that in case of a bona fide
dispute between said Edison Electric
| illuminating company O1 1OpGkd anu
said city, as to whether said Edison
Electric Illuminating company of To-
peka has failed to comply with any of
| the provisions of this ordinance. said
/ dispute shall first be settled and de-
/ termined by proper action in the
courts brought for that purpose, and
| in case it is adjudged in such action
that said company has SO failed, said
| company shall have a reasonable time
| thereafter in which to comply.
Section. THAT the said Edison
Electric Illuminating company of To-
peka from and after accepting this
| franchise, and as consideration for the
rights and privileges and franchises
hereby granted, shall during the
month of July, 1905, and during the
months of January and July each year
thereafter during the life of this fran
! chise, file with the city clerk of said
/ city verified report covering the bust
/ ness of said company for the preceding
six (6) months, which said report shall
show the total amount of capital in