The Topeka state journal., 1909-03-01

]
the amount Of funds on hand IN the treas
ury at the time, except for building side
walks. or supplying ana erecting lamp
rosts. or where provision has been made
Tor the issuance of bonds And any u1era-
ber Of the Board of Commissioners. who
shall knowingly vote Tor, or N any manner
aid or promote the passage or Adoption
of any ordinance. legislation or other act
Of said board creating an indebtedness OF
treasury in payment OF any indebtedness
which exceeds the amount OF funds act
uaITy on hand IN the treasury at the time
for such purpose except Ior building side
walks or supplying and erecting lamp
posts OF where provision mas been made
for the issuance Of bonds shall thereby
be guilty OF maIfeasance IN office, and
such action shall fpso facto, vacate his
Office. and he SHAH be liable On his Off
ciaI bond for such nna1feasauce- Every
order or warrant drawn On the city treas
ury shall express on it's face to whom it is
issued, and for what purpose it was al
lowed and the same shah be payable to
such perzon OF Or his a ,9T% oTfeT,
Sec. SO. The Board of Commissioner
of any city governed and controlled by
the provisions Of this act may permit any
person. firm or corporation TO mauufac-
ture, sell and furnish artificial or natural
gaSught and heat electric light. power
or heat or steam heat to the tnha bitants.
and to build street railways. TO be operated
over and along the streets and public
grounds OF such city. and may permit the
Construction and operation OF telegraph
and telephone lines. and the laying Of
pipes cordu4ts. cables and all Appliances
necessary for the construction and opera
tion Of gas and electric lights and steam
heat plants and electric railways over and
along the streets and alleys Of such city.
upor the express conditions herein after
enclosed, and not otherwise. in this act.
to-wtT=
any such original franchise. right or priv
uege, extending or renewing or amend
ing any existing grant, right privilege
OF franchise, shall be made by ordinance,
and not otherwise
Second No contract grant, right, priv
may hereafter be granted to any such
person, firm or corporation, shall be ex-
tended for any longer period of time than
twenty years from the date Of such grant
Third Every contract. grant, right.
privilege or franchise made with or grant
ed to any person. firm or corporation
for any Of the purposes mentioned IN this
act, snail contain specific statement
that the said contract. grant, right, priv
iIege or franchise IS made under and in
conformity with the provisions Of this act
shall ever be granted any exclusive fran
ehise, right or privilege whatever
Fifth The Board Of Commissioners Of
any such city, at all times during the ex-
isrence OF such contract, grant. privilege
nance to fix & reasonable schedule Of
maximum rates and TO make reasonable
changes therein from time to time TO be
charged such city and the inhabitants
thereof for gas, light and heat. electric
light. power or heat or steam heat and
the rates OF fare On any street railway,
and the rates OF any telephone company.
Or the rates Charged any such city or
the Fnhabftaats Thereon by auy uersou
firm or corDOratior oreratfug under any
other franchise under this act; and the
Board Of Commissioners. under the pro-
visions Of this act shall have the right
to change or modify any such schedule Of
rates. after giving due notice and granting
a hearing to the Interested parties Of their
Intention 50 TO do; provided. further how
ever, that said Board Of Commissioners
shall at no time fix rate which shall
prohibit such person, firm or corporation
from earning at least eight $50 per cent
on the amount OF its actual cash invest
Ue7t in such city over and above its rea-
sonabIe operating expenses and the ex-
pelSe for maintenance and taxes.
sixth No such grant, right. privilege
OF franchise shall ever De made TO any
person. firm. corporation or association
unless It provides for adequate c9upensa-
tion OF consideration therefor to be paid
TO such city, and in addition to any other
form OF compensation, any such grantee
shall pay annually such fixed charge as
may be prescribed II the franchise 0rdt-
nance Whenever any such grant. right.
privilege or franchise provides for the
payment Of per cent Of the gross re-
cefpts. such grantee shall make and re-
port to the Board. Of Commissioners all its
gross earnings once in six months and
paw into the treasury the amount due such
city at the time said report IS made Said
board shah also have access TO and the
right TO examine all books, receipt. files.
records and documents OF any such gran
tee to verify the correctness Of such semi
annual statement and to correct the same
II found to De erroneous. II such stare
ment Of gross earnings be Incorrect then
such payments shall be made upon SI1ca
Seventh. No such right. privilege or
shall ever be granted until the
same is approved by q majority OF the
electors OF such cities voting thereon at
d general or special election called for the
PROCLAMATION for submitting such PROPOSE
ton or propositions TO the electors shall
specifically state the terUE OF said fran
chise. and the proposed ordinance grant
ing such franchise or privilege shall be
published in paper Of general circulation
before such election IS held, and the ex-
pensa Of such election shall be borne by
the applicants for such grant. right. priv
Eighth All contracts. grants. rights.
privileges or franchises for the use OF the
streets and alleys OF such city, not herein
mentioned. shall be governed by authe pro-
visions Of this act and al amendments
extensions and enIargemeuts OF any con-
tract. right, privilege or franchise prev
IoUSIy granted to any person. firm or cor
poratton for the use OF the streets and
alleys OF such city shall be subject TO all
the conditions herein provided for in this
act for the making OF original grants and
provisions Of this section shall not apply
to the granting Of SfdetraCk or switch
purpose OF reaching and aRording railway
connections and switch privileges to the
owners OF users Of any Industrial plants.
ARTICLE VITHThe Initiative
Sec 81 Any proposed ordinance may be
TO the Board Of Commissioners
BY petition signed by electors OF the city
equal in number TO the percentage herein
after required A petition signed by elec-
tors equal in number to at least forty
per centuIu Of the entire vote for all can
5idares for the Office Of mayor or cCu-
missioner cast at the last preceding gen
araI municipal election shall be filed with
the city clerk The signatures 10 the
petition need not all be appended to one
paper, but each Signer shall add TO his sig
nature his place Of residence giving the
street and number, one Of the sigusrs OF
each such paper shall make oath before
an officer competent to administer oarhs
that the sta ateueuts therein made are true
as he believes. and that each signature to
the paper appended is the genuine sigma
-ure OF the person whose name it purpOrtS
to De. If the petition accompanying the
ordinance be signed by electors
zqual IN number TO forty Fer eeutum of
1r commissioner at the last preceding
general election and contains a request
that the said ordinance be submitted to 4
20. .E -E-a ..c-.La z -..-- 50. E-- -E=