The Topeka state journal., 1913-08-01
LEGAL.

day of May of each year he fare on
said lines of railway shall not exceed five
tance to Gage park. with transfers to or
from the Gage Park line to ell connecting
Ines
Section g. As a consideration for the
gran.4ng of said franchise, The Topeka
Railway Company shall, at or prior to the
date OF the acceptance hereof, as herein
provided, pay into the city treasury of the
City of Topeka the sum of Twenty-Five
Dollars (S25.Oo) in cash, and as an addi
tlonal compensation for the granting of
this franchise, The Topeka Railway Com
pany, its successors and assigns, shall an
nually during the existence of this fran
chise pay into the treasury of the City of
Topeka the sum of Ten Dollars $1,000.
granting of this franchise, said The To-
peka Railway, Company. its successors
sh ey Of Topeks to paee sSw
cross-arms on its poles. southwark from
Sixth avenue on W est street, and west
erly on Eighth avenue to Gage Park. and
to place and carry its wires thereon for
the transmission of electric current for
the sole purpose of lighting Gage Park
and street intersections adjacent to said
line; and said City of Topeka agrees to
save The Topeka Railway Company harm
less from any and all damage to persons
or property resulting from the construc-
ton. maintenance and operation of said
on the poles of The Topeka Railway Com
pany. and agrees, at its own expense, to
asLend all suits and claims that may be
brought or made by reason thereof, and TO
reimburse said The Topeka Railway Com
pany for any expense II may sustain IN
defending any such claims or suits; and
the City of Topeka further agrees to place
its cross-arms on the poles of The Topeka
be designated BY The Topeka Railway
Company and that the wires carried
thereon shall be maintained so that they
distance from the wires and cables of The
Topeka Railway Company. or any other
company that may acquire rights on said
poles, and that said wires shall at all
times be maintained in safe and proper
for the granting of this franchise, said
The Topeka Railway Company. snail. be
the lines of railway herein authorized. pay
into the city treasury sum of money
equal to the original cost assessed agalnsl
property owners for the pavement now
laid on the right-of-way granted herein.
said sum of money to De Tor the use aill and
trfbuted to those who at the time said
money is paid into the city treasury Shaii
be the owners of the property along said
such paving, in ratio and proporton ana
on the same basis as the original cost
to be paid in case Of disagreement, to
be determined by the Board Of Commis-
thereof to be under the super
vision and direction of said Board OF Com
the payment OF sSia tS money no o
Topeka. under the second subdivision OF
section 8 Of said Ordinance No. 24oq; for al
taken up and used In said
Section : That within ten Q9) days
after the taking effect of this ordinance:
said The Topeka Railway Company shall
he with the city clerk of the City of To-
peka its acceptance in writing OF the pro
visions, terms and conditions Of this ordi-
nance which acceptance shall be duly
acknowledged before some officer author
ICED to administer oaths; and this ordi-
nance unless so accepted shall become
null and void. but when so accepted shaIl
be and constitute valid and olnolng
contract between the City OF Topeka anu
The Topeka Railway Company At the
said The Topeka Railway Company shall
paw into the citv treasury of the City of ;
Topeka, sufficient sum OF money for the
Section s. This ordinance shall take ef- |
feet and be in force when duly passed, I
published and approved as provided by |
aw, and shall be a valid and binding con-
-rac+ between the City of Topeka and The |
Topeka Railway Company from and after |
n acceptance by The Topeka Railway |
Company as herein provided
Passed by the Board OF commissioners, |
July u, 1913. |
fseaI'1 R l. COFRAN.
Mayor
Attest: c. B. BURGE, City Clerk