The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-27

wires, cables, conduits and pipes and
appliances, either above or under
ground shall be so erected. laid, placed
or constructed and managed as not to
obstruct the use of any of said streets,
alleys, parks or public ways, or inter-
fere with the public use, work or travel
on the streets, alleys, or public ways of
said city, and so as not to interfere
with or prevent any drainage, sewer
age, sidewalk, crossing or other public
improvement, whether now existing or
hereafter constructed
The poles, wires, cables, conduits and
pipes shall, wherever placed, laid or
erected upon the public streets, alleys,
ways and thorOughfares, be constructed
under the direction of the city engineer
of the city of Topeka and they shall be
located and placed at such places as
the mayor and council direct. Said
wires and cables, where overhead con-
struction is made, shall be not less than
25 feet above the established grade of
the street, alley, park orsthoroughfare
upon which they are placed and all
poles snail be firmly placed, and all ex-
cavationS for the location, placing and
construction of said poles, wires, cables,
conduits and pipes shall be under the
direction of the city engineer.
Sec. 8. That the Edison Electric IL
Illuminating company of Topeka shall at
all times during the erection of it's
works of every kind and character and
in the operation and use of the same,
hold the city of Topeka harmless
against any and all damages that may
be caused to any person or persons by
reason of the construction and opera
ton of it's said plant or works.
Sec. 4. That nothing in this ordinance
shall be construed SO as TO prevent the
city from ordering all wires and ca
bles 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 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 manner as may be direct
ed by the mayor and council of said
city. So
Sec s. This ordinances shall not be
construed to authorize the exclusive
use of any street, alley, park, or public
thoroughfare for the purposes or uses
named in this ordinance.
Sec. 6. That if the said Edison Elec-
trio illuminating company of Topeka
shall at any time fail, neglect, or re-
fuse to comply with the provisions OF
this ordinance, and shall continue in
such default for 30 days after notice
shall have been served upon them as
hereinafter provided. the said Edison
Electric Illuminating company OF To-
peka shall, at the election of said city,
leges to it by this ordinance granted
by proceedings on the part of said city
of Topeka as follows:
Before the city proceeds to forfeit
Il
videdj it shah first serve a written no
tice upon the president or secretary of
said Electric Illuminating company OF
Topeka, and upon the trustee or trus-
tees in any trust deed now existing or
that may hereafter exist, securing the
bonds of said company which is of
record in Shawnee county, Kansas, set
ting forth in detail the neglect or fall
ura complained of, and said company
shall have ninety days thereafter in
which to begin thsA work incident and
necessary to a compliance with the
provisions of this ordinance, neglect or
failure to comply with which is com
planned of, and shall comply with such
provisions within a reasonable time
thereafter and in case of a failure or
neglect to begin work incident and
period beyond said ninety days, the
city may by ordinance duly passed,
declare this franchise forfeited
Provided, that in case of a dispute
between said Edison Electric IIlumin-
ating company of Topeka and said city.
as to whether said Edison Electric IL
Eliminating company of Topeka has
failed, neglected or refused to comply
with any of the provisions of this ordi- !
nance, said dispute shall first be set |
lied by proper action in the courts |
brought for that purpose, before the |
city shall have the right to proceed |
hereunder to forfeit said franchise.
Sec. Z. That the said Edison Elec- |
-ric Illuminating company of Topeka, |
rom and after accepting this fran |
ehise 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 |
hereafter during the life of this fran
;hise, file with the city clerk of said |
eity a verified report covering the |
business of said company for the pre-
,eding six months. which report shall |
show the total amount of capital in
5ested in the plant, and the total re-
'eceipts from each and every depart
nent of its business, and the total
Lmount of expenditures made for all
purposes; also a report of improve
nents made and the cost thereof; and t
hall annually from and after accept
ng this ordinance and franchise pay
nto the city treasury of the city of
topeka ten per cent of its annual net |
over and above ten per cent
by the company upon it's in
-estment: and the rate charged any
in the city of Topeka for in
andescent lighting shall not exceed
CD of one cent per six
cen (16) candle power lamp per hour,
no in consideration thereof, all con-
racts, rights, privileges, licenses and
franchises hereby granted to said Ed
son Electric Illuminating company of
'opeka shall continue in force for a
fter the date of the publication of
his ordinance in the official city news
aper.
The mayor and council of the city of
opeka shall at all times during the eX-
'tence of this grant, contract and
have the right by ordinance ;
D fix reaSona BILE schedule of maxi-1E
1um rates to be charged by the said
Olson Electric Illuminating company
Topeka, within said city, provided
owever, that said Mayor and council
ball at no time fix a rate that will ,
rohibit said company from earning at
east 10 per cent upon its capital in
ested in said city of Topeka, over and
bove it's reasonable operating ex-
enses and the expense of maintenance ,
nd taxes.
Sec. s. Said Edison Electric Illurni-
ating company of Topeka shall have
ne right to make all reasonable rules