The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-12-07
ORDINANCE NO. IA.

ORDINANCE NO. IA.
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 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 90 Councilmen provided by
statute of the State of Kansas and is de-
the of its inhabitants, electricity for
lighting, power, and any and all purposes.
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
principally used for the benefit of said
City and the Inhabitants thereof, and the
said The Tope Railway Company, is
DESTROYS of furnishing electric service to
liabilities thereof
NOW. THEREFORE, Be it ordained by
the Mayor and Councilmen of the City of
RIGHTS GRANTED:
Section 1. That The Topeka Railway
! Company, its successors and assigns. be
period of twenty 200 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 --1es. 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 inhab
/ thereof
the terms and under the conditions here
| matter named.
other apparatus herein authorized to be
| placed in the streets, avenues. alleys, and
sas. shall be installed under the direction
and control Of the Mayor and Councilmen
Of said City or OF their the duly h auth9riasd
Railway Company, its successors and as
signs: shall at all times hold and save
of and from all damages. loss expense.
caused or occasioned by the sole negligence
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 90
The said. The Topeka Railway Company.
its successors and assigns. shall. during the
c ltfnuance 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 requ4-ed to make extensions
4 of it, lines to reach and serve consumers
where the revenue to be derived therefrom
will be Insufficient to yield an ADEQUATE
return on the investment. The rates for
service in the City of Oakland. Kansas.
chr ged by The Topeka Edison Company
for light and contemporaneous service fur
peka, and its inha bitants. or as specifical-
| ly covered by contract; provided, however
that II, At, the said The Topeka Railway Company
charge of forty (40) cents per month, or
the anne minimum price as charged in the
City of Topeka. for each meter installed :
provided. further. that 1t may make n rea-
sonable readiness to serve charge for inter-
mittent or break down service for a COM
mercial manufacturing load exceeding
/ two horse power The said The Topeka
i kiaiiway 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 doth
/ tenth 00th) day Of said month shall be
I subject to penalty Of ten per cent Of the
amount Of the bill; Said penalty. however.
t25) ents. If the said bill shall remain
unpaid on the tenth COth) day of the
month, the said The Topeka Railway Com
pany, its successors assigns, may upon
forty eight (4s) hours notice to the Gus
toner. discof tinue service and any Gus
toner whose service is discontinued for
non payment of bill shall be required TO
pay to the said The Topeka Railway Com
one ~ dollar for the reronnectfon Of his
service nd the said Company shall have
the right to refuse to reconneet any de-
linquent customer until the amount due
| said company has been paid.
Section :. In ease 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 obliga tinns of this Ordinance,
or the operation of the same. or the viola
t1on of anv of the provisions hereof bv said
Company. the matter shall he submitted
to board of three 81 arbitrators. one ~
of whom shall be chosen by the said City II
Oakland. Kansas. another by the said
Company. and third by the two 50
chosen. which said board shall promptly
hear the conteLtions of the parties hereto
and upon due consideration thereof shall
render its findings I'm 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 bindirg in the matter.
Section T. The rights and privileges con
ferred b.. this ordinance granted upon
the specific condition that the actual worf,
of constructing the electric lines plant and
equipment for furnishing electric current to
t. City of Oakland and its Inhabitants
shall be commenced within thirty-five
DAYS fror the date of the passage of This
ordinance. and that said work shall be
prosecuted without interruption unless de-
layed or preventc- by climatic conditions.