The Topeka state journal., 1916-12-11
ORDINANCE NO. 144.

ORDINANCE NO. 144.
AN ORDINANCE granting to the Topeka
Railway Company, a corporation, It's sue
cessors or assigns, the right to furnish
electric service to the City of oakland,
Kansas, and the inhabitants thereof. and
the right to use the streets, alleys, ave-
nues, and public places of said city, for
the construction, installation, matnte-
nance. and operation, of its works. pipes.
poles, wires. conduits. and all other neces-
sary apparatus and appliances for said
RECITALS:
The City of Oakland. Kansas, is City of
the. third class and governed by mayor
and five 90 Councilmen provided by
statute statue OF the state or Kansas ana Is 9e &c
the use of its inhabitants, electricity FOR
lighting, power. and any and all purposes.
The Topeka Railway Company is a cor
poration organized. and existing under the
laws of the State of Kansas and is now en-
gagged in the business of supplying cleo
trio service for all purposes; its present
plant and works being located principally
within the City of Topeka. Kansas, and
city and the Inhabitants thereof. and the
said The TopC Railway Company. is
destroys of furnishing electric service to
Inhabitants thereof.
NOW. THEREFORE,. Be it ordained by
the Mayor and Councilmen of the City of
RIGHTS GRANTED:
Section l. That The Topeka Railway
Company, it's successors and assigns, be
and the same are hereby granted for a
period of twenty 600 YEARS.. from and
after the taking effect of this ordinance,
the right to enter upon the streets. avenues.
alleys and public places of the City of Oak
land. Kansas, and to erect and install there
in, pole and wire lines for the transmission
of electricity, to and through the said City
of Oakland. Kansas, and to erect and in
stall works. pole and wire es,. and all
other necessary apparatus and appliances for
supplying and delivering electricity and to
| furnish and deliver electric current to said
ants thereof, for any and all purposes. upon
the terms and under the conditions here
matter named.
Section 2. All pole and wire lines and all
other apparatus herein authorized to be
placed in the streets. avenues. alleys and
public places of said city of Oakland. Kan
sas, shall be Installed Under the direction
and control of the Mayor and Councilmen
Of said City. or of their duly authorized
signs; sha!l at all times hold and save
of and from all damages: loss or expense.
caused or occasioned by the sole negligence
of said The Topeka Railway Company. its
successors or assigns their agents. servants
and employees, in the construction, main
tenance and operation of the electric trans
mission and distribution system herein
authorized.
The said. The Topeka Railway Company.
it's successors and assigns. shall. during the
City of Oakland. Kansas. and its inhabit-
ants, reasonably sufficient and efficient ser
Gf b 70 that sad
of it. lines to reach and serve consumers
where the revenue to be derived therefrom
re.urn on the investment The rates for
service In the City of Oakland. Kansas.
ch: ged by The Topeka Edison Company
for light and contemporaneous service fur
nished by said company to the City Of To
peka. and its inhabitants or as specifical-
| iy covered by contract: provided. however
that the said The Topeka Railway Company
- Ill -
eharge ehaI Of forty 40, cents per aonth. on
the anne minimum price, as charged in the
provided, further. that it may make a rea-
sonable readiness-to-serve charge for inter
mittent or break down service for com
mercial or manufacturing load exceeding
two horse power. The said The Topeka
Pathway Com any: its successors or as
/ of Oakland. Kansas. bill for the amount
due said Comnany on the first day of each
month succeeding that in which the service
and payable on or before the tenth doth
day of eech month. and II not paid nv the
subject to n penalty Of ten per cent Of the
amount of the bill. Said penalty. however
(25J ents. If the said bill shall remain
unpaid on the tenth f10th) day of the
month, the said The Topeka Railway Com
pany, its successors assigns. NAV. upor
| forty-eight (4s) hours notice to the Gus
toner, discoi tinue. service and any Gus
toner whose service is discontinued fol
non payment Of bill shall be required Il
pay to the said The Topeka Railway Com
pany Its successors or assigns. charge o.
| one a. dollar for the reconnection of hi,
service. and the said Company shall have
the right to refuse to recennect any de
linquent customer until the amount du,
/ said compan,J hls been paid.
Section 3. In casa of any disagreement
arising between the said City of Oakland
Kansas. and the said The Topeka Railway
Company, It's su. tessors- or assigns, al
Gitions and obligations of this Ordinance
or the operation of the same. or the viola
ton of anv of the provisions hereof bv sais
Company. the matter shall be submitted
to board of three (3) arbitrators. one q
of whom shall be chosen bv the said City o
Company. and third by the two .,
chosen. which said board shall prompt.
hear the conteLtions of the parties heret'
and upon dle consideration thereof. shal
render its findings in writing to the Cit,
OF Oakland. and to the said The Topek,
Railway Company. its successors and as
signs. which said findings shall be fina
and binding in the matter.
Section 4. The rights and privileges con
ferred b. this ordinance are granted upOl
the specific condition that the actual worl
of constructing the electric lines. plant an,
+. City of Oakland and its Inhabitants
shall be commenced within thirty fiv
days froI the date of the passagt OF thi
ordinance, and that said work shall b
prosecuted without interruption. unless de
iayed or prevente by climatic conditions
person. firm or corporation to which src
franchise ordinance shall be granted. Other
wise, this ordinance shall be null ant void
and shall have binding effect upon tn
City of Oakland. Kansas.
Section This ordinanee shall take effec