The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-08-25
LEGAL.
First published in Topeka State Journal
Friday, August ., 1911
ORDINANCE NO. 4O7s.

N.
ChenOWeth, his successors and assigns,
for period of twenty years, the right
to use all streets, avenues, alleys and
public geounds in the City of Topeka
Kansas. for the purpose of having mines
and mains and supplying and delivering
to said City of Topeka, and the in
habitants thereof. fuel oil for 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 OF
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 herein
after provided; and said I. 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
purposes.
Section >. That all mains and leading
pipes from which fuel oil is distributed
throughout the said city, shall be laid ac-
cording to the direction of the commits
sioner of Streets and Public Improve
ments.
Section 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 INSTRUCTED
and no water pipes, gas pipes, steam
pipes, cOnduits sewers or other under
ground construction now laid by said
city. which may hereafter be laid by
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 I. 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.
Section A. Said T. n. Chenoweth, mis-
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 ). Said 7. y. Chenoweth, his
successors OF 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 or
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 and pipes; and, as a guaranty that
said T. n. ChenOweth, his successors OF
assigns, will mako 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 Isl 100000, the conditions of which
deposit shall be as follows: If the said T.
n. ChenoWeth. his successors or assigns,
shall fail to begin the actual constructive
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 or shall not be prepared
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
Dollars f$1, 100000 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
if 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 C$1, 000.00) shall there
upon be returned to said 7. N. Cheno-
weth. his successors or assigns. A failure
to deposit the said sum of One Thousand
Dollars Isl, 00000), at, or prior to the ac-
ceptance of this ordinance, shall work
forfeiture of this franchise and the same
shall thereby become null and void.
Section 6. That for the purpose of sup
gnlxr inc oil md 70 n n = n {
thereof with fuel oil, the said I. n.
Chenoweth, his successors or assigns,
shall at their own expense, furnish and
lay all mains and pipes necessary to con-
vey the oil to the property line of any
property to be supplied herewith
Section Z. 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 opera ton OF said fuel oil plant, or by
reason of their failing to conform to CT
comply with any of the provisions or re-
quirements herein or 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. n. Chenoweth,
his successors or assigns, and for the en-
torcement OF all reasonable rules ana
regulations which may be made by them.
Section 9. The said 7. n. Chenoweth,
his successors or assigns, shall be, and
they are hereby, required to file q. 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 additional
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 7. n. Chenoweth, his successors or
assigns, and shall be paid by them, but
such charges shall not exceed the sum Of
One Hundred Dollars in any one month.
Section IL. During the life of this fran
chise, no rates shall be charged cOnsum-
ers using thirty or more barrels of fuel
oil per month that will permit said T. n.