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

Z
FER cent upon its capital invested in said
city OF Topeka over and above its fsa-
s9naole operating expenses enc ms -
penses for maintenance and taxes
The franchise herein granted 70 sHld
The Topeka Electrical Company, It's s2e-
cessors or assigns, shall not be conslAer--
ed any part OF the investment OF sald /
/ cent hereinbefore provided for N this Or
dinance shall be computed.
! Company, ats successors or assigns, shah
i have the right 70 make all reasonable
rules and regulat tons for the prevention
Of loss Or waste in the conduct and man
| agement Of It's business. and for the sale
/ and distribution of its products to 1ts
/ deemed necessary. provided that nothing
in this section shall be construed as af-
fecting the rates as shown in section 8
Sec. Is That upon the termination OF
said franchise at the conclusion Of s7ad
! Of Topeka may acquire title to the plant
OF said The Topeka Electrical Company,
privileges and property thereto pertain
ing. In the following manner. to-wit: The
the district court Of Shawnee county.
owners of sucn plant and others inter-
ested therein. which petition shall contain
property. setting forth the interest or
| property rights Of said corporation or
others therein, as near as may be done,
I ana 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
/ 10. 1903, entitled An act relating to cities
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 nrst
class Thirty 500 days notice shall be
given all persons interested in said prop
erty. of the time for the hearing Of said
appilcatlon, by publication IN three s..e-
cesslve issues of some weekly newspaper
printed in the city OF Topeka having gem
/ eral circulation therein, the first of
/ Hzef ~ 10 -s4zf= 43x
prior to the time of said hearing. and al
/ 50 py delivering copy of such notice to
cal Company's property. In such proceed
ings, petition and notice, it shall not be
| the parties interested as defendants ex-
eepe those of the reputed owner or own
served ana made as hereinbefore provld-
ed. the said property shall be appraised
ana acquired and paid for by the said
c1ty N strict accordance with the require
rnents and provisions OF said act, APPROX
/ ed March Il, 1903. relating to cities Of the
/ the proceedings therein directed shall be
/ IN all respects complied with and fol-
Sec, Il. Said The Topeka Electrical
company shall never sell lease. convey
or i., transfer its plant, property. frame hise
any person. firm, trustee, trust company
or corporation without the consent Of
said city of Topeka given by ordinance:
Provided. however. that this shall not be
construed to prevent or prohibit the said
executing any necessary mortgage. deed
of trust or lien for the purpose of con-
strucl1ng, maintaining or extending its
Sec. Is. That within thirty 800 days af-
/ ter the passage and approval Of this ordf-
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
dinance. which acceptance shall be duly
+ acknowledged before some officer author
lied to administer oaths. This ordinance.
| unless so accepted, shall become null and
void, but when so accepted shall be and
constitute a contract between the city of
/ Topeka and said The Topeka Electrical
/ Company. It's successors or assigns
Sec 16- And as a further consideration
chise said The Topeka Electri-
cal Company agrees and binds it
self to exDend the of one
hundred and twenty-five thousand dollars
| IN building and equipping an electric light
Topeka Electrical Company further
agrees and binds itself to commence work
1 on the construction of said electric light
plant WITHIN three months from and af-
ter the acceptance of this franchise and
cen months from and after the acceptance
of this 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
Il company. as herein provided, then 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 guarantee that said The Topeka
Electrical Company shall expend the said
sum Of 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 ae-
eeptanee Of this franchise by said COM
pany, The Topeka Electrical Company
snail at or prior TO the time of the ac-
ceptance of this franchise. deposit with
the CITY treasurer OF the city of Topeka
the sum of two thousand five hundred
dollars (S2, 10000, upon the following condi-
TONS, to-wit; That If said company shall
fail to expend the said sum of one hum
dred and twenty-five thousand dollars in
building and eQulppIng 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 said sum OF two
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 Rt1f IL
said company shall expend the said sum
of one hundred and twenty-five thousand
dollars in building and equipping said
electric light plant and have the same IN
operation within eighteen months from
and after the acceptance Of this franchise
thousand five hundred dollars ($2. 500 Coz
shall thereupon be returned to said com
pany. And the failure TO deposit the said
sum OF two thousand five hundred
6S2. 5o0o 0) dollars, at or prior to the time OF
work a forfeiture of this franchise 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 eauipping of said
electric light plant according to the terms
of this franchise Provided. that any de-
lay caused by riots. strikes snjunetions
or other bona hde legal proceedings, shall
: be deducted from said eighteen months re-
quired for the performance of this con-
tract, such delays not to exceed the per-
jOd Of one year.
Sec II Any contract, agreement, eombi-
nation, consolidation or merger by the