The Topeka state journal., 1911-09-08
LE,4AL
LEGsAal-
First published in Topeka State Journal
Friday. August %, 1e11.J
ORDINANCE NO. 4O76.


| for a period of twenty years, the right
to use all streets. avenues. alleys and
public grounds IN the city of Topeka.
Kansas, for the purpose of laying pipes
| and mains and supplying and delivering
10 said City of Topeka, and the in
| habftants thereof, fuel oil Tor manufac-
| turing and heating and for All other
| purposes for which fuel oil is, or may be
used, during said period.
/ BE IT ORDAINED By THE BOARD Oh
! COMMISSIONERS OF THE CITY OF
| TOPEKA:
Section 1. That there is hereby granted
! to T. n. Chenoweth his successors and
assigns, the right and privilege OF using
| all streets, avenues. alleys and public
| grounds in the City of Topeka, Kansas.
| for the purpose OF laying mains and pipes
| and furnishing to the City Of Topeka, and
| the inhabitants thereof, fuel oil for manu-
featuring and heating purposes and for
| all other purposes for which fuel oil is
or may be, used. for the term of twenty
! years. from and after the date of the
| acceptance OF this Ordinance as herein
| after provided: and said T. N. Cheno-
weth. his successors and assigns, shall
have the right and authority to open and
use the streets. avenues, alleys and public
grounds of the said City Of Topeka, for
the Introduction. repairing and taking up
OF mains. pipes and lines laid for said
Section 2. That all mains and leading
pipes from which fuel oil is distributed
throughout the said city, shall be laid
cording to the direction OF the commits
siuner of Streets and Public Improve
nents.
Secuon 3. That in the laying of said
mains and pipes. and in the exercise Of
the rights hereby granted. no street,
avenue. alley or public ground, at any
time. shall be unnecessarily obstructed
and no water pipes gas pipes, steam
pipes conduits. sewers or other under
ground construction laid by said
city, or which may hereafter be laid by
said city. or by any authorized person or
corporation, shall be interfered with or
obstTucted in any Unnecessary manner,
and all excavations or openings made
therein said N. (hRnnWafh HIlC
cessors or assigns, shall, within reason
able time, be repaired and placed in good
condition, under the direction of the COM
missioner of Streets and Public Improve
ments of said city.
Section l. Said T. n. Chenoweth, his
successors or assigns, shall, upon notice
from the city engineer, remove or change
at their expense any main, pipe or service
pipe laid by them, which may be in the
way Of or interfere with the construc-
ton or erection of, any public building or
other public structure or public improve
ment within said city.
Section s. Said T. N Chenoweth, his
successors or assigns, shall. within three
months after the acceptance OF this ordi
nance, begin the actual construction work
OF laying mains and pipes under this
grant and shall within one year after the
acceptance of this ordinance, complete
their pumping station and the laying OF
not less than twenty blocks of mains and |
pipes and be prepared to furnish fuel oil !
to all consumers on said twenty blocks of
mains ana pipes; and, as guaranty that |
said T. N. Chenoweth, his successors or |
assigns, will make said improvements, |
said T. N. ChenoWeth, shall at or prior |
to, the acceptance of this ordinance, de- |
post with the city treasurer of the City |
Of Topeka, the sum of One Thousand !
Dollars 1$1, 600. .00), the conditions of which /
deposit shall be as follows: If the said #. !
N. ChenOweth, his successors or assigns, |
shall fail to begin the actual constructive |
work OF laying mains and pipes under
this grant within three months after the
acceptance of this ordinance, or shall fail |
to complete their pumping station and the
Ia Inc of 1of fruo ok7&x nf
mains and pipes or shall not be prepared
TO furnish fuel oil to all consumers on
within one year after the acceptance of
this ordinance, then the said of One
Thousand Dollars ($1,00o.o0l shall thereby
money and property OF, the City of To-
peka. and the same shall be turned into
the General revenue fund of said city; but
II said T. N. Chenoweth, his successors
or assigns, shall begin the actual con-
structiye work of laying mains and pipes
under this grant within three months
after the acceptance of this ordinance, |
and shall complete their pumping station |
and the laying of not less than twenty |
blocks of mains and pipes and be pre-
pared to furnish fuel oil to all consumers
on said twenty blocks of mains and pipes
within one year after the acceptance of
Thousand Dollars (s1, o0) shall there
upon be returned to said T. n. Cheno-
weth, his successors or assigns. failure
TO deposit the said sum of One Thousand
Dollars 81, oOo.eo). at, or prior to the ac-
Of this ordinance, shall work a
forfeiture of this franchise and the same
shall thereby become null and void
Section s. That for the purpose of sup
plying said city and the inhabitants
Thenoweth, his successors or assigns,
shall at their own expense, furnish and
ay all mains and pipes necessary to con-
property to be supplied Herewith.
Section 7. That said T. n. Chenoweth,
lis successors or assigns shall save said
81 Tr1-4r aTa-1 oil GslT1 1n- .
md expenses for the payment of which ,
said city may become liable to any per-
son. company or corporation, by reason Of
he granting of the rights and privileges
herein, or by reason of the construction | ,
,r operation of said fuel oil plant or by
'eason of their falling to conform to or
comply with any of the provisions or re- ,
luirenents herein or any other of the {
awful ordinances of said city.
Section 8. The Board of Commissioners ,
# said City of Topeka, shall. from time /
o time. pass such ordinances, as may be i
necessary, for the protection Of the rights
md property of said T. N. Chenoweth, :
lis successors or assigns and for the en- .
orcement of all reasonable rules and ,
eellIatious which may be made by them.
Section g. The said T. N. Chenoweth, | :
lis SUCCESSORS OF assigns, shall be. and |
hey are hereby, required to file a map or ,
how1ng the locality and size of all mains !
nd pipes. laid in said City Of Topeka, |
nd said map or plat shall be corrected
very six months, showing all additional
Mains and distributing pipes laid
Section 10. The City OF Topeka may, at
ny time. inspect or cause to be inspect q
d. the meters in in said fuel oil lines :
nd delivery pipes and the expense of .
uch inspection shall be charged to the !
aid T. y. Chenoweth his successors or :
ssigns, and shall be paid by them, but ! !
uch charges shall not exceed the sum of
me Hundred Dollars in any one month
Section Ii. During the life of this fran :
hise, no rates shall be charged consum- :
RS using thirty more barrels of fuel :
III per month that viii permit said T. N. | 7
his successors assigns. to
eaIize g profit in excess of ten cents
20 1o) per barrel; and no rates shall be | !
harged consumers using less than thirty :