The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-20


graph company of Topeka, Kansas, for
electric wires for the purpose Of q dis
trlct telegraph and electric signal BUSH
ness.
Be IT Ordained by the Mayor and Coun-
cilmen Of the City of Topeka:
Section /. That the right to use any of
the streets and alleys of the city of To-
peka Tor the erection, maintenance and
operation of electric wires for the purpose
OF district telegraph and electric signal
business within said city is hereby grant
ca 70 the american District Telegraph
company OF Topeka, Kansas, a corpora
ton organized under the laws of the state
q Kansas, desiring to erect, maintain
and operate electric wires for the pur-
poses above named. by poles and wires,
or by underground pipes wires and CON
Quits, for the period Of twenty years af-
ter the taking effect of this ordinance.
sec. 2 That said electric lines. poles,
ances erected or to be erected by the said
american District Telegraph company of
topeka, IT'S successors or assigns, either
erected, laid. placed or constructed and
managed as to least ineommode the pub
nc IN It's use OF the streets and alleys of
the city, and whenever practical
leys shall be located on lot lines
produced and just inside the curb
line, or as near the side of alleys as the
same can be properly placed; Provided,
Ihat all such poles and wires shall be so
placed, maintained and used as to not in
I tertere with the rights of other wire using
companies lawfully occupying said
the efficiency of the service furnished
thereon, or to unnecessarily injure prop
The poles. wires, cables, conduits and
pipes shall, wherever practicable, be laid
or erected exclusively in the alleys of the
cry engineer by said American District
IeIegraph company OF Topeka its
shall be located and placed or re-
located at such place or places
as the city engineer directs, without ex-
pense to the city or abutting proper
/ ty owner. Said wires and cables, where
4 overhead construction is made, shall be
I not less than twenty-five (25) feet above
| the established grade of the street, alley
I or thoroughfare upon which they are
placed, and all poles shall be firmly
! tlOn, placing and construction of said
/ poles, wires, cables, cOnduits and pipes
| shall be under the direction of the city en-
/ gineer.
Where house or barn is to be moved
4 ana the wires or cables of said American
/ District Telegraph company of Topeka, its
/ successors or assigns, obstruct the NOV
1 ing OF such house or barn, the parties
| moving the same shall give twenty-four
/ hours notice to said American District
/ Telegraph company of Topeka, designat-
/ ing where said wires obstruct the move
/ ment of said house or barn, and the time
! It Is intended to be moved. All expenses
4 OF removing and replacing wires and ca
bles shall be borne by said American Dis
/ Tract Telegraph company of Topeka
In making any and all excavations and
I other work and improvements and in ex-
/ ercising any rights and privileges under
| this franchise the same shall be done in
] accordance with the lawful ordinances of
the city of Topeka, passed by the said
/ city in the reasonable exercise of its police
/ powers; and, If at any time, the said COM
| pany shall fail or neglect to properly fill
| any excavation, remove any distractions,
! or remove any poles or wires erected or
maintained in violation hereof, whenever
1 directed to do so by the city engineer, or
! In any respect to comply with any. lawful
ordinance passed by the city in the rea-
sOnable exercise of its police powers,
! within a reasonable time after the service
1 of a written notice upon said company,
then said city may do the required work
necessary to such compliance and the
become a charge against said company,
subject to collection the same as any
| other debt or obligation.
Sec. g. This ordinance shall not be con-
| strued to authorize the exclusive use OF
! any street or alley to any one firm or per-
pose.
4 Sec l. That said American District Tel
| egraph company of Topeka and It's sue
| cessors and assigns shall save and hold
the city of Topeka harmless from all liza
bility, costs, damages and expenses of ev-
I city may become liable to any person,
1 firm. company or corporation by reason
of the rights and privileges herein grant
ed to said company, or by reason OF the
| construction, maintenance or operation OF
| the said telegraph and signal wires OF
said company or by reason OF said COM
| panY'S falling to conform to or comply
! with any of the provisions or require
ments of this franchise And if any action
| whether at law or in equity, be brought
against such city in any court for dam
ages or for any cost or expense to the city
for the fault, negligence or omission OF
said company in doing or failing to DO al
the things required by this franchise, OF
by reason of the negligence of said COM
pany, its servants and employees IN the
control operation and maintenance OF
said telegraph and signal wires, said
American District Telegraph company OF
I EIlPHaEE0rG
pay all costs. damages and expenses fol
which said city may be held liable; ano
in case of disagreement between said city
and said company, the question OF the
! cOmpany'S fault in causing such liability
of said city shall be determined in an ac-
ton by said city against said company
Sec. 5. The city of Topeka may require
all wires and cables placed under grounc
at any time the city council shall deem
the same to be for the best interest of the
city. In case any wires are placed under
ground or removed from the ground, the
same shall be done under the direction OF
/ the city engineer of said city and at sucf
/ place or places and in such manner as
may be directed by the mayor and coun
Sec. 6. In case of failure on the part Of
said company to comply with any OF TN
provisions of this ordinance. said com
pany shall forfeit this franchise, and the
same shall be null and void.
Sec. Z. Within ten days after the pass
| age and approval of this ordinance thu
said company shall file With the city
! clerk of said city it's acceptance in writ
| ing of the provisions. terms and eondi
| tiOns of this ordinance, which acceptance
shall be acknowledged before some office
| authorized to administer Oaths; which ac
| ceptance when so fled shall be recorded
in the book of ordinances in the said city
and safely kept by said city clerk, which
acceptance when so filed shall have tn
II effect upon the passage and approval O.
this ordinance of q, contract between sai'
CITY and said company, the terms ant
| conditions of which shall DO those Sc
| forth in this ordinance
Sec. s. This ordinance shall take eifec
and be in force from and after its publica
ton in the official city paper.
| Passed the council jan 10, 1905.
Approved Jan. 10, 1906.
(Seal) w. h DAYS., mayor
TF'irgt published in The Topeka Stat