The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-07

come 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 operation of the
plant of said company or by reason of
/ to comply with any of the provisions
or requirements herein contained
Section 4.
That nothing in this ordinance shall
/ be construed so as to prevent the city
from ordering all wires and cables
! 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 under 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 man.
ner as may be directed by the mayor
and council of said city.
Section 3.
This ordinance shall not be c3nstru-
ed to authorize the exclusive use of
any street alley or public grounds for
the purposes or uses named in this or
dinance.
Section 6.
In case of failure on the part of said
company to comply with any of the
provisions of this ordinance, said COM
pany shall forfeit the rights and privi-
| leges herein granted and this ordinance
snail Ln6E6upOn become nun anu NO10-
Provided that in case of a bona fde
dispute between said Edison Electric IL
| Illuminating company OF Topeka, ana
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 there
after in which to comply
Section z.
That the said Edison Electric Illuni-
mating company of Topeka from and
after accepting this franchise, and as
consideration for the rights and priv
ileges and franchises hereby granted,
shall during the month of July, 1919.
and during the months OF January anu .llu
July each year thereafter during the
life of this franchise, file with the city
clerk of said city a verified report COW
ering. the business OF said company Tor
the preceding six 6 months, which SAID
report shall show the total amount OF
capital invested in the plant, and the
total receipts from each and every de-
partment of its business, and the total
amount OF expenditures made and the
cost thereof: and shall annually from
and after accepting this ordinance and
franchise pay into the city treasury OF
the city of Topeka ten G0) per cent OF
ten 1O) per cent earned by said COM
pany upon it's investment; and the rate
charged any consumer in the city OF
Topeka for incandeScent lighting shall
not exceed fifteen O5) cents per thou
sand watt hours and for power shall
not exceed thirteen Old cents per kIIo-
watt hour, and for arc nghtlng snaH
not exceed twelve (12) cents per kilo-
watt hour, and for heat shall not ex-
coed seventy-five CI5) cents per thou
sand pounds of water condensed And
the minimum charge made against
each consumer shall not exceed one ID
dollar per month from April 1 to October
1 and one dollar and half (s1.5O) per
month from October 1 to April 1, each
year
And the said company shall be pre-
pared upon and after six (6) months
written notice served upon its president
or secretary, by the mayor or city
clerk to furnish at its switchboard
such amount of electric current as may
be required by the mayor and council
for the use of the city to light its
streets, public grounds, council cham
per city offices, Jail and fire stations,
the said supply of electric current ana
service and the said notice being based
upon such contract and agreement as
NAV hereafter be made between the
proper officers of the city and the said
company, which said contract shall set
out the price to be paid, per kilowatt,
and the time for payment, the max
irnum amount to be supplied, the
method of measurement and the period
of time for which the contract shall
run and all other necessary details
And said company shall not at any
time during the continuance OF this
franchise charge the city of Topeka for
light or power used by the city, high
er rate than the lowest current rate
charged any of its consumers. under
similar conditions as TO time in the a