The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-14

and alleys Of the city Of Topeka for
said purposes.
Be It Ordained by the Mayor and Council
OF the City OF Topeka:
Section !. That the right to use any Of
ne allsys and streets of the CITY q 10
pssAas Kansas tan bridges expressly sx-
placing maintaining. operation and use OF
sqch poles. ana wires, cables cenduits'
plpee and appliances as may be required,
ana such as may hereafter be needed IN
the extended construction, maintenance
ana use Of plant and system fo5
the manufacture and production and
transmission Of electricity, ana for the
supply and transmission OF light. power
ana heat, and the right to maintain ana
operate such said plant and system to-
gethes with such extensions. addltioas
ADDED thereungo within the city OF To-
peka, Is hereby granted to said The TO
organized under the laws OF the slale on
Kansas. and TO fits Successors and assigns,
4of the period Of thirty GOD years from 5
ana afeef the date Of the pupHcauoh o.
This ordinance in the official city paper
provided, however. that nothing In this
ordinance shall ever be construed as
grant to said The Topeka Electrical Com
pany OF" Topeka, of the right power or
privilege to lay pipes or water mains Iol
the purpose Of furnishing its own water
supply or for furnishing a supply OF wa
tet TO any person. frm or corporation
WITHIN the city of Topeka, IN competition
WIN Inc city itSelE or otherEtl se-
Sec. 2. That said electric lines. poles,
wlres' cables. conduits. pipes ana app,l-
a+ices TO be erected by said The Iopeka
Electrical Company. its successors or as
signs, either above or under the ground,
sllal pc 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
snail be located on lot lines produced and
,t4st inside the curb line, or as near the
" placed: provided. that all such poles
and wires shall be so placed, maintained
ana used as to not interfere with the
rights Of other wire-using companies law
fully 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-
ca or relocated st such place or places
IS the city engineer directs without eX-
pense 70 the city or the aDutting property
owner. Said wires and cables, where over
head construction Is made, shall be not
less than twenty-five 62s) feet above the
established grade of the street, alley or
thoroug hrare upon which they are placed,
ana al poles shall be firmly placed and
all excavations for the location, placing
and construction OF said poles. wires, ca
bles, conduits and pipes shah be under
the direction OF the city engineer.
Where a house or barn is to be moved
and the wires OF cable Of said The To-
or assigns obstruct the moving Of such
house or barn, the parties moving the
TO said The Topeka Electrical Company,
designating where said wires obstruct the
movement of said house or barn, and the
TINE 1t ls intended 10 pc moved All e1k-
penses Of removing and replacing wires
and cables to be borne by The Topeka
Electrical Company.
IN making any and ali excavations and
other work and improvements and in ex-
ercdslng any rights and privileges under
IN accordance with the lawful ordinances
of the city Of Topeka, passed by said city
in the reasonable exercise of its police
company shall fail or neglect to properly
MI any excavation, remove any obstruc-
lions, or remove any poles or wires erect
ed or maintained IN violation hereof.
whenever directed to do so by the city
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
company, then said city may do the re-
Quirsd work necessary to such compliance
thereof shall become charge against
said company subject to collection the
same as any other debt or obligation.
Sec. 3. That said The Topeka Electrical
Company and Its successors and assigns
shall save and hold the city of Topeka
harmless from all liability, costs dam
payment of which said city NAV become
liable to 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
panyf s falling to conform to or comply with
any or the provisions or requirements Of
tnls franchise and II 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 nv reason
HHZlEanEA f+e4
servants and employees, in the control
operation and maintenance Of said plant
SUCCESSORS or assigns. shall pay all costs,
damages and expenses for which said cfty
gFeeInent between said city and said com
pany. the question of the company's fanI4
IA causing such liability of said city shall
be determined IN an action by said city
against said company.
Sec. & The following territories shall be
known rs the Underground Districts and
ali wires or cables placed IA the street :
or alleys by The Topeka Electrical C,ar7
pany within said territories shall he in
subWays or underground conduits
Tine North Territory-bounded by the
north line OF Gordon street north the
south line OF First street, south. the east
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 NAV Yeorf,a oil
wires and cables placed underground At
any tina the city council shall deem the
same to be for the hest interest ~ he
city. In case amy wires are placed IN
cefgFouue or removed from the grouad.
: the same shall be done under the dires1,
zion Of the city engineer Of said cifv.
and at such place or places and In such
manner as may be directed by the mayor
and council of said city
Sec. 3. Nothing in this ordinance shall
be construed as granting to The Toneke
electrical company, its successors or as
signs, the exclusive use Of any street or
alleys for the purposes or uses named IN
this ordinance, or any exclusive fran
chise. right or privilege whatever.
And provided. further that the CITY ~
Topeka expressly reserves to itself the
right 10 own and operate n plant az
plants Tor supplying the city. CT The in
ha2itants thereof. with electric light pow
er- neat, or steam heat or any other kind
Of light, power or heat
sec. S. u case Of failure on the par q