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


Topeka Electrical Company. its success
sors or assigns, to build, maintain and
power and heat, and to use the streets
and alleys of the city Of Topeka for
said purposes.
Be It Ordained by the Mayor and Council
of the City Of Topeka;
Section I. That the right to use any Of
the alleys and streets OF the city of To-
peka, Kansas tall bridges expressly ex-
placing, maintaining, operation and use of
such poles, and wires, cables, cOnduits,
and such as may hereafter be needed in
the extended construction, maintenance
and the use of a plant and system for
the manufacture and production and
transmission of electricity. and for the
supply and transmission of light power
and heat, and the right to maintain and
operate such said plant and system TO-
gether with such. extensions, additions
and improvements as NAV hereafter be
added thereuntO within the city of To-
peka, is hereby granted to said The To-
peka Electrical Company, a corporation
organized under the laws of the state Of
Kansas, and to its SUCCESSORS and assigns,
for the period of thirty 800 years from
and after the date of the publication Of
THIS ordinance in the official city paper;
Provided, however, that nothing in this
ordinance shall ever be construed as a
grant to said The Topeka Electrical Com
pany of Topeka, Of the right power or
privilege to lay pipes or water mains for
the purpose of furnishing its own wafer
supply or for furnishing a supply of wa
ter to any person. firm or corporation
within the city of Topeka. in competition
with the city itself or otherwise.
Sec. 2 That said electric lines poles,
wires, cables, conduits, pipes and appn-
ances to be erected by said The Topeka
Electrical Company, its successors or as
signs, either above Or under the ground,
shall be so erected, laid, placed or con-
structed and managed as to least incom-
mode the public in its use OF the streets
and alleys Of the city, and whenever
practicable, all poles in streets or alleys
IN I n ifIac al Ea,,7
Just inside the curb line. or as near the
side of alleys as the same can be proper
~ placed; provided, that all such poles
and wires shall be so placed, maintained
and used to not interfere with the
rights of other wire-using companies law
Iully occupying said streets, alleys or
grounds or to impair the efficiency of the
service furnished thereon, or TO unneces-
sarily injure property owners.
The poles, wires, cables, conduits and
pipes shall, wherever practicable, be laid
Or erected exclusively in the alleys of
the city OF Topeka under the direction of
the city engineer, by said The Topeka
Electrical Company, its successors or as
signs. and they shall be located and plac-
ed or relocated at such place or places
as the city engineer directs without ex-
pense to the city or the abutting property
owner said wires and cables where over
head construction is made, shall be not
less than twenty-five (25l feet above the
established grade Of the street alley or
fhoroughfare upon which they are placed.
and all poles shall be firmly placed. and
all excavations for the location, placing
bles, conduits and pipes shall be under
the direction of the city engineer.
Where house or barn is to be moved
ana the wires or cable Of said The To-
peka Electrical Company its successors
or assigns obstruct the moving of such
mouse or barn, the parties moving the
same shall give forty-eight hours notice
to said The Topeka Electrical Company,
designating where said wires obstruct the
movement OF said house or barn, and the
time it is intended to be moved. All ex-
penses Of removing and replacing wires
IN hr fan1- Ia,
Electrical Company.
In making any and ali excavations and
olner work ana improvements and in ex-
ercising any rights and privileges under
this franchise. the SANS shall be done
IN accordance with the lawful ordinances
OF. the city or Topeka, passed by said city
in the reasonable exercise Of its police
powers and If. at any time. the said
company shall faff or fffl5Ssiect to properly
tons, or remove any poles or wires erect
ed or maintained in violation hereof
engineer, or IN any respect TO comply
with any lawful ordinance passed by the
city in the reasonable exercise of its po-
lice powers within a reasonable time after
the service of a written notice upon said
company, then said city may do@the re-
quired work necessary TO such compliance
and the reasonable cost and expense
thereof shall become q charge against
said company subject to collection the
same any other debt or obligation.
Sec. 3. That said The Topeka Electrical
Company and its successors and assigns
harmless from all liability. costs, dam
ages and expenses of every kind for the
payment of which said city may become
liable 10 any person.. firm, company or
corporation by. reason of the rights and
privileges herein granted to said com
pany, or by reason of the construction
maintenance or operation Of the plant of
said company, or by reason of said COM
pany's falling to conform or comply with
any of the provisions or requirements of
this franchise. And If any action, either
at law or in equity be brought against such
CITY IN any court for damages or for any
cost or expense to the city for the fault.
negligence or omission of said company
In doing or failing to do all the things
required by this franchise, or by reason
of the negligence Of said company, its
servants and employees. in the control,
operation and maintenance of said plant
said The Topeka Electrical Company, its
successors or assigns. shall pay all costs,
damages and. expenses for which said civ
may be held liable; and in case of disa-
greeTnent between said city and said COM
pany the question Of the e0mpany's fault
in causing such liability Of said city shall
be determined in an action by said city
against said company.
Sec. 4. The following territories shall be
known as the L Underground Districts, and
all wires or cables placed in the streets
or alleys by The Topeka Electrical Com
pany within said territories shall be in
subways or underground conduits
The North Territory-bounded by the
north line of Gordon street, north, the
south line of First street. south, the ca st
line Of Quincy street. east, the west line Of
Jackson street, west.
The South Territory-bounded by the
south line of First street, north. the south
line of Eleventh street south, the east
line of Quincy street, east, the west line
of Topeka avenue, west.
The city of Topeka may require all
wires and cables placed underground at
any time the city council shall deem the
same to be for the hest Interest of the
city In case any wires are placed I'M
dergrOund or removed from the ground,
ton Of the city engineer Of said city
and at such place or places and in such
n amer may be directed by the mayor
and council of said city.
Sec ). Nothing in this ordinance shall
be construed as granting to The Topeka
signs. the exclusive use of any street or
alleys for the purposes or uses named in
this ordnance or any exclusive fran
chise. right or privilege whatever
And provided, further that the city of
Topeka EXPRESSLY reserves to Itself the