The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-12-04
ORDINANCE NO. LA.

ORDINANCE NO. IA.
AN ORDINANCE granting to the Topeka !
Railway Company, a corporation, its sue |
cessors or assigns. the right to furnish
electric service to the City of Oakland, |
Kansas, and the inhabitants thereof and
the right to the streets, alleys, ave |
nues, aud 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 a mayor
and five co. Councilmen provided by
statute of the State of Kansas and is de-
sirous of obtaining for public use and for
the of its Inhabitants electricity for
lighting, power, and any and all purposes.
r. The Topeka hallway Company is 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
within the City of Topeka, Kansas, and
principally used for the benefit of said
said The Topeka Railway Company, is
said City of Oakland, Kansas. and the
NOW. THEREFoRE, Be it ordained by
the Mayor and Councilmen of the City of
Oakland, Kansas:
RIGHTS GRANTED:
Section 1. That The Topeka Railway
Company, Its successors ana assigns, De
and the same are hereby granted for a
period of twenty GOD 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 ines. 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 inhabit-
ants thereof. for any and all purposes, upon
the terms and under the conditions here
| matter named.
| Section ?. 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
representatives. and the said The Topeka
| Railway Company, its successors and
signs, shall at all times hold and save
| harmless the said City of Oakland, Kansas,
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.
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
Il.
| shall not be required to make extensions
| of its lines to reach and serve consumers
w be ehs nsyffcent 70 to o Weld an adeauate
| return the investment. The rates for
service in the City of Oakland, Kansas.
| shall at all times be the same as the rates
charged by The Topeka Edison Company
for light and contemporaneous service fur
peka, and its Inhabitants, specifical-
1y covered by contract; provided. however,
that the said The Topeka Railway Company
.1.a he TO 1a1F 1fr1tr MN
charge of forty (40) cents per month, or
the same minimum price. as charged in the
provided. further that it may make a rea-
sonable readiness to-serve charge for inter
mttent or service esa for . COM
two horse power The said The Topeka
Railway Com any; its successors or as
of Oakland. Kansas. bill for the amount
due said Company on the first day of each
is rendered, which said bill shall be due
and payable on or before the tenth t10th)
day of zach month a and # mot paid 6y the
subject to a penalty of ten per cent of the
amount of the bill. Said penalty. however
(25) cents. If the said bill shall remain
unpaid on the tenth (10th) day Of the
pany. its successors or assigns, may, upon
forty-eiEht (4s) hours notice to the Gus
toner. discontinue service and any crs.
toner whose service is discontinued fol
non payment of bill shall be required t.
pay to the said The Topeka Railway Com
pany its successors assigns. a charge OF
service and the said Company shall have
the right to refuse to recOnuect any de
linqVent 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. or assigns. rs
to the meaning of any of the terms.
ditions and obligations of this Ordinance
or the operation of the same. or the viola
ton of anv of the provisions hereof by SAID
Company. the matter shall be submitted
to a board of three CD arbitrators. one q
of whom shall be chosen by the said City 81
! Oakland. Kansas. another by the SAID
: Company. and third by the two 50
chosen. which said board shall promptly
hear the contentious of the parties herets
and upon due consideration thereof. shal
I render its findings in writing to the City
of Oakland. and to the said The Topeki
Railway Company. its SUCCESSORS and ms
signs which said findings shall be fina
and binding in the matter.
Section H. The rights and privileges con
! ferred bv this ordinance are granted upoI
the specific condition that the actual worl
of constructing the electric lines plant ant
, equipment for furnishing electric current t.
> the City of Oak laDd and its nlabitanfs
DAYS from the date of the passage of thii
ordinance. and that said work shall h.
, prosecuted without interruption, nnless de
| layed or Dreventeu by climatic conditions
or other causes beyond the control of tn
person. firm corporation to which sucl
franchise ordinance shall be granted. Other
wise. this ordinance shall be null ana void
and shall have no binding effect upon tn
City of Oakland, Kansas.
Section ). This ordinance shall take effec
and he in force thirty 900 days from an,
after its publication, and upon its accept
lapce in writing by The ToDeka Rialwa,