The Topeka state journal., 1911-09-01

ments.
Section s. 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 now laid by salu
city, or which may hereafter be laid Dy
said city, or by any authorized person or
corporation, shall be interfered with or
obstructed in any unnecessary manner
and all excavations or openings made
therein by said T. n. Chenoweth, his sue
cessors or assigns. shall, within a 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.
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 5. 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
mains and pipes; and, as a guaranty that
said T. n. Chenoweth, his successors or
assigns, will make said improvements,
said 7. n. ChenOWeth, shall at, or prior
to, the acceptance of this ordinance, de-
poSit with the city treasurer of the City
of Topeka the sum of One Thousand
Dollars Isl, .00), the conditions OF which
deposit shall be follows: If the said T.
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
laying of not less than twenty blocks of
mains and pipes shall not be prepared
to furnish fuel oil to all consumers on
within one year after the acceptance Of
this ordinance, then the said sum of One
Thousand Dollars (s1,000.oo) shall thereby
become forfeited to, and become the
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-
structive 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
this ordinance, then the said sum of One
Thousand Dollars G1,O00.00) shall there
upon be returned to said t n. Cheno-
Weth, his successors or assigns. a 1dllure
to deposit the said sum of One Thousand
Dollars Isl, ,0O0.Q0), at, prior to the ac-
ceptance of this ordinance, shall work a
forfeiture OF this franchise ana the same
shall thereby become null and void.
Section 6. That for the purpose Of sup
plying said city and the Inhabitants
Chenoweth, his successors or assigns,
shall at their own expense, furnish ana
lay all mains and pipes necessary to con
vey the oil to the property line OF any
property to be supplied Herewith
Section T. That said T. n. Chenoweth,
his successors or assigns, shall save said
city harmless from all costs, damages
and expenses for the payment OF which
said city may become liable to any per-
son, company or corporation, by reason of
the granting of the rights and privileges
herein, or by reason of the construction
or operation Of said fuel oil plant. or by
reason of their failing to conform to or
comply with any Of the provisions or re-
quirements herein any other of the
lawful ordinances of said city
Section 8. The Board Of Commissioners
of said City OF Topeka, shall, from time
to time, pass such ordinances, as may be
necessary for the protection OF the rights
and property of said T. \. ChenoWeth, |
his successors or assigns, and for the en-
forcement of all reasonable rules and
regulations which may be made by them |
Section 3. The said T. n. Chenoweth, |
his successors or assigns, shall be, and !
they are hereby, required to file map or |
plat with the city engineer of said city, |
showing the locality and size Of all mains
and pipes, laid in said City OF Topeka, |
and said map or plat shall be corrected
every six months, showing all addluonal
mains and distributing pipes laid
Section 10. The City of Topeka may. at |
any time, inspect, or cause to be inspect |
ed the meters in use in said fuel oil lines |
and delivery pipes and the expense of |
such inspection shall be charged to the |
said T. n. Chenoweth, his successors or |
assigns, and shall be paid by them, Dut |
such charges shall not exceed the sum Of |
One Hundred Dollars in any one month |
Section IL. During the life OF this fran !
T.r.TT oh =
erS using thirty or more barrels OF fuel l
oil per month that will permit said T. n. |
Chenoweth his successors or assigns, to |
realize a profit in excess OF ten cents |
(s0.10) per barrel: and no rates shall be 1
charged consumers using less than thirty |
barrels per month that viii permit said T. 1
n Chanouetb his successors or assigns |
to realize a profit in excess of fifteen |
cents ($015) per barrel; said rates to be |
based upon the market price Of oil at the |
wells in carload lots plus freight charges |
to Topeka.
Section l2 Nothing in this ordinance
shall be construed as granting to said T. /
n. Chenoweth, his successors or assigns, |
the exclusive use of any street, avenue, |
alley public ground for the purposes or |
uses named in this ordinance, any /
exclusive franchise, right or privilege, |
whatever.
Section 49, As a consideration for the |
granting of this franchise. said T. n |
Chenoweth, at, or prior to, the date Of
the acceptance thereof. hereinafter
provided, shall pay into the treasury OF |
the City of Topeka, the sum Of One /
Hundred Dollars ($10000) in cash.
And, as an additional compensation for |
the granting of this franchise, the said |
T. n. Chenoweth, his successors or as |
signs, shall, semi-annually. during the ex- |
istence of such franchise, pay into the |
treasury Of the City OF Topeka a sum |
equal to one per cent 40 of the gross |
receipts of said T. n. Chenoweth, his sue |
cessors or assigns, during the preceding |
six months.
Said T. n. ChenoWeth, his successors or |
assigns, shall file a written report Of their |
gross receipts with the city clerk once in |
every six months, during the existence Of
this franchise, the first of said reports /