The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-12-05
ORDINANCE NO. LA.

ORDINANCE NJ. LA.
AN ORDINANCE granting to the Topeka
Railway Company, corporation, its sue
cessors 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, mainte-
nance, and operation of its works, pipes
poles, wires, conduits, and all other neces-
sary apparatus and appliances for said
purpose.
RECITALS:
The City of Oakland, Kansas, is a City of
the third class and governed by mayor
and five (5) Councilmen provided by
statute of the State of Kansas and is de-
sirous of obtaining for public use and for
the use of its inhabitants, electricity for
lighting, power, and any and all purposes.
The Topeka hallway Company is a cor
poratfon 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
principally used for the benefit OF said
City and the inhabitants thereof, and the
said The T4peRin Raway SomPa1iy rs
said City of Oakland. Kansas, and the
liabilities thereof.
NOW. THEREFORE,, Be it ordained by
the Mayor and Councilmen of the City of
9a a6i1Ts k n, aMsrn.
| Section L. That The Topeka Railway
| Company, its successors and assigns. be
and the same are hereby granted for
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 ipes. and all
other necessary apparatus and appliances for
supplying and delivering electricity and to
furnish and deliver electric current TO said
| City of Oakland. Kansas. and the inhabft-
ants thereof, for any and all purposes, upon
| the terms aud 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
and control of the Mayor and Councilman
of said City, or of their duly. authorized
Railway Company, its successors and
signs, shall 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. it's
successors or assigns, their agents, servants
and employees. i'll the construction. main
tenance and operation of the electric trans
mission and distribution system herein
authorized.
The said. The Topeka Railway Company.
/ its successors and assigns shall. during the
] c ntinuance of this grant, furnish to the
City of Oakland. Kansas. and its inhabit-
ants reasonably sufficient and efficient ser
vice Provided. however, that said company
shall not be required to make extensions
/ of its lines to reach and serve consumers
1
will be insufficient to yield adequate
return on the Investment; The rates for
shall at all times he the same as the rates
charged 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 specifical-
| ly covered by contract; provided. however,
that the said'The Topeka Railway Company
shall be allowed to make minimum
charge Of forty (40) cents per month. or
| the lame minimum price as charged in the
ifx- of IN for afh inst toll IL
| provided, further. that IL may make rea-
sonable readiness to-serve charge for inter
mittent or break down service for a com
mercial or manufacturing load exceeding
! two horse power. The said The Topeka
sins sba no rnnd any us m t6 or as
4 of Oakland. Kansas. a bill for the amount
due said Company on the first day of each
month succeeding that in which the service
is rendered. which said bill shall be due
and payable on or before the tenth (10thl
tenth t1Oth) day of said month shall be
subject to a penalty of ten per cent of the
amount of the bill; Said penalty. however
/ (25) ents. If the said bill shall remain
unpaid on the tenth (10thD day of the
month. the said The Topeka Railway Com
I pany. its successors or assigns. NAV. upon
I forty eight (4s) hours notice to the Gus
I toner whose service is discontinued for
/ non payment af bill shall be required to
pay to the said The Topeka Railway Com
pany its successors or assigns. charge Of
one "a dollar for the reconnection of his
4 service and the said Company shall have
the right to refuse to reconnect any de-
/ linquent customer until the amount due
said company has been paid.
Section 3. In case of any disagreement
arising between the said City Of Oakland.
Kansas, and the said The Topeka Railway
Company, Its successors. assigns. as
| to the meaning Of any of the terms. con-
ditions and obligations of this Ordinance.
or the operation of the same the viola
ton of anv of the provisions hereof by said
Company. the matter shall be submitted
I to a board Of three 49, arbitrators. one N
of whom shall be chosen by the said City Of
Oakland. Kansas. another by the said
| Company. and third by the two so
chosen, which said board shall promptly
hear the conte1tions of the parties hereto
and upon due consideration thereof shall
render its findings in writing to the CITY
of Oakland. aud to the said The Topeka
Railway Company. its successors and as
signs. which said findings shall be final
and binding In the matter.
Section 4. The rights and privileges con-
ferred by this ordinance are granted upon
the specific condition that the actual work
of constructing the electric lines. plant and
equipment for furnishing electric current to
tile City of Oakland and its inhabitants.
shall be commenced within thirty-five
days from the date of the passage of this
ordinance. and that said work shall be
prosecuted without interruption unless de-
layed or preventee. by climatic conditions,