The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-12

rates to be charged by said The TOPEKA
Electrical Company. it's successors or as
signs within said city; Provided, nowSev--
er, that said mayor and council snan a5
no time tx rate that win prohibit said
company from earning at least ten uUl
Ter cent upon its capital invested IN said
city of Topeka, over and above its rel-
sOnalIe operating expenses and the eL-
penses for maintenance and taxes.
The franchise herein granted to said
The Topeka Electrical Company. its sue
cessors or assigns. shall not be consider
company upon which the ten t10) per
cent hereinbefore provided for IN this or
diDanee shall be computed.
Sec. y. Said The Topeka Electrical
Company, its successors or assigns, snai
have the right to make all reasonable
rules and regulations for the preNentloh
of loss or waste in the conduct and man
agement OF its business. and for the sale
and distribution of its products to its
customers. as NAV from time to time De
deemed necessary, provided that nothing
IN this. section shall be construed as af-l
fect1ng the rates shown IN section 3
Sec. Is. That upon the termination OF
said franchise at the conclusion of SAID
" 1oPetsa may acquire TUE 70 LHe ptdlle
of said The Topeka Electrical Company,
ITS successors or assigns, and all the rights,
prlViieges and property thereto pertain
ing, in the following manner. to-Wft- The
SAID city Of Topeka may, upon the TERM
the district court of Shawnee county.
county, Kansas, against the owner or
owners Of sucn plant and others inter-
ested therein, which petition shall contain
general description Of the plant or
property, setting forth the interest OF
others therein, as near as may be done,
and praying that the city may be permit
ted TO acquire title thereto in the man
ner provided by an act of the legislature
of the state of Kansas. approved March
Is. 1903 entitled AN act relating to cittes
of the first class and repeating chapter 81
of the laws of 1881 and all acts amenda-
tory and supplemental thereto in so far
as the same relate to cities of the frsr
class Thirty 800 days notice shall be
given all persons interested in said prop
erty, Of the time for the hearing Of said
application. by publication in three Sc
cessive issues of some weekly newspaper
printed in the city of Topeka having gen
which shall not be less than thirty days
prior to the time of said hearing, and al
50 SO oy denyerlng 2 copy OF suen nor1ee %
cal Company's property In such proceed
ings, petition and notice, it shall not be
necessary to state the names OF any or
the parties Interested as defendants ex-
cept those of the reputed owner or own
ers. That after said notices have been
served and made as hereinbefOre provIc-
ed, the said property shall be appraised
and acquired and paid for by the said
ments and provisions OIL said act, APPROX
ed March 10. 1903, relating to cities of the
first class, hereinbefore referred to- and
the proceedings therein directed shall be
lowed.
Sec a. Said The Topeka Electrical
Company shall never sell. lease. convey
or transfer its plant, property, franchise,
rights or privileges herein granted. 10
any uerSor firm tl-1.efao +r15St cornrar7v
or corporation without the consent of
said city of Topeka given by ordinance;
construed to prevent or prohibit the said
company, its successors and assigns from
executing any necessary mortgage. oeeu
OF trust or lien for the purpose of con-
structfng, maintaining or extending its
plant or service
Sec. Is. That within thirty 600 days af-
ter the passage and approval Of this ordi
nance, said The Topeka Electrical Com
pany shall file with the city clerk of said
city its acceptance in writing Of the pro
visions, terms and conditions of this or
dinanee, which acceptance shall be duly
acknowledged before some officer author
lied to administer oaths This ordinance.
unless SO accepted, shall become null and
constitute contract between the city of
Topeka and said The Topeka Electrical
Company, its successors or assigns
Sec. 16.- And as a further consideration
for the granting of this fran
chise said The Topeka Electro
cal Company agrees and binds it
hundred and twenty-five thousand dollars
in building and equipping an electric light
Topeka Electrical Company further
agrees and binds itself to commence work
on the construction of said electric light
plant within three months from and at
ter the acceptance of this franchise and
have the same in operation within eight
cen months from and after the acceptance
of thisA franchise. If the said The To-
peka Electrical Company shall fail or
neglect to commence the construction and
have said electric light plant in operation
within eighteen months from and after
the acceptance of this franchise by said
failure to so construct said electric light
plant shall work a forfeiture of this
franchise and the same shall thereby be-
come null and void
AS a guarantee that said The Topeka
Electrical Company shall expend the said
sum or one hundred and twenty-five thou
sand dollars in building and equipping an
electric light plant in the city of Topeka
and shall complete the construction there
of within eighteen months after the ac-
ceptance of this franchise by said COM
pany, The Topeka Electrical Company
shall, at or prior to the time Of the &C
ceptance of this franchise, deposit with
the city treasurer of the city of Topeka
dollars, upon the following condi-
lions, to-wit: That if said company shall
fail to expend the said sum of one hun
dred and twenty-five thousand dollars in
building and eouipping said electric light
plant, or shall fail to have the same In
operation within eighteen months from
and after the acceptance of this franchise
by said company, then the sum OF two
thousand five hundred (S2,500OO dollars
shall thereby become forfeited and be-
come the money and property of the city
of Topeka and shall be turned into the
general revenue fund of said city. But if
said company shall expend the said sum
Of one hundred and twenty-five thousand
electric light plant and have the same in
operation within eighteen months from
and after the acceptance of this franchise
by said company, then said sum of two
thousand FIVE hundred dollars shall there
upon be returned to said company. And
the failure to DEPOSIT the said sum Of
two thousand five hundred dollars, at or
prior to the time of the acceptance of
this ordinance, shall work a forfeiture Of
this franchise and the same shall thereby
become null and void.
And said The Topeka Electrical Com
pany covenants and agrees with the city
Of Topeka that the mayor and council Of
said city shall have the right to examine
the books and all records of said COM
pany in order to determine whether the
said sum of one hundred and twenty-five
thousand dollars has been expended IN
the construction and equipDing OF said
electric light plant according to the terms
lay caused by riots strikes. :nJunctions.
or other bona fde legal proceedings shall
be deducted from said eighteen months re-
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