The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-03
LEGAL

with the above provisions.
Section S. The Consumers Light. Heat
signs, as a further consideration Of the
granting Of this franchise. shall install all
service pipes and meters free of charge 10
Section Q. AS further consideration for
the granting of this franchise, The Goa
shan during the months Of January add
July 1923 and during the months OF jan
uary and July each year thereafter, fle
verified report covering the business OF
said company for the preceding six months,
and shall pay into the City Treasury ten
ten per cent earnings on its investment, and
for this purpose it is agreed that the pres
shall be added the cost of extensions and
Improvements as made. This agreed valua-
ton shall not be construed to be an ad-
same is the correct value for rate making
purposes. The Board of City Commission
ers shall have access to and the right 70
the correctness Of its seml-snnuai report
roneous. II such statement Of semi-aunual
earnings be incorrect. then such payment
shall be made upon such corrected figure.
Section 10. The Consumers Light, Heat
and Power Company shall be liable for and
shall save the city harmless on account Oh
any and all damages and loss the city may
sustain or be compelled to pay by reason
Of the rights or privileges hereby granted
| or on account of any excavation, opening
or ditch in the streets, alleys or public
obstruction to said streets by said COM
pany, or that may In any manner result
/ from the negligence of said company In
the construction or operation OF its gas
| lines or the exercise in any manner of the
eisber a at law or IN e1uity be- brongbt
against said city in any court for damages
or for any costs or expenses for the fault
or negligence or omission OF said com
pany In failing to do all or anything re-
| quired by this franchise or by reason OF
any negligence of said company, its serv-
ants or employees in the control or opera
ton of said Gas Company. the said The
Consumers Light Heat and Power Com
pany, its successors or assigns. shall pay
all costs or damages for which said city
may be held liable.
Section II. AS further consideration OF
Consumers Light, Heat and Power Com
pany agrees to waive all claims Of every
kind and description against the city q
buildings owned by the City of Topeka
1 with gas, free of charge 10 said city, pro-
use over three million cubic feet Of gas
per year and IL said City consumes In ex-
cess of this amount, it shall pay for said
Section Il. This ordinance and the writ
ten acceptance thereof by The Consumers
stitute a contract between the City OF To-
peka and The Consumers Light, Heat and
| Power Company and shall extend to and
peka and The Consumers Light, Heat ana
Power. Company, its successors or assigns.
sec5ion 10 Inc consumers ~ o Light, neat
signs, shall file in the office of the City
Engineer, of the City Of Topeka, map or
plat. showing the location and size OF nj!
Il gas mains laid in the City of Topeka epd
said map or plat shall be corrected evefy
six months showing all additional mains
Section II. In case of failure on the
part of The Consumers Light, Heet md
this franchise or of any lawful ordinance
of said City, regulating The consnmers
Light, Heat and Power Company, its sue
cessors or assigns, and If after ninety days
written notice by the Mayor and City Com
mission OF said City of such failure, said
Company, its successors or assigns, falls
. to comply with this franchise, or other
lawful ordinances regulating or governing
The Consumers Light. Heat and Power
Company, its successors or assigns, within
the time set in said notice, the said The
| Consumers Light, Heat and Power Com
pany, its successors or assigns, shall be
guilty of a misdemeanor and on conviction
| thereof, shall be fined in the sum Of not
; less than Fifty Dollars 5000. or more
than Three Hundred Dollars lS30Oo0) and
every day said The Consumers Light, Heat
and Power Company, its successors or as
signs shah remain In default IN respect 70
the said violation shall be deemed new
| offense and subject The Consumers Light,
Heat and Power Company, It's successors
or assigns to the penalties above provided.
And provided further, that in the event OF
the failure on the part OF The Consumers
. Light, Heat and Power Company. its cue
| the provisions Of this franchise or shall
fail TO comply with any lawful ordinance
OF said city regulating or governing this
gas company, The Consumers Light. Heat
signs ha shall forfeit al rights and prisieses
! granted by this franchise and this franchise
and all rights thereto shall IL, cease iPsse
provided that such cause for forfeiture
shall continue uucorreeted for sixty days
P Pnrt q n tbs nayor dad
Section Is. That within twenty days
o ortif RSs ' donsa@ers G2s9t Heat and
Power Company shall file with tae City
IN e Writing OF The provisions and conditens
OF this ordinance, which acceptance shall
: be duly acknowledged before some offieer
duly authorized to administer oaths, and
at the same time prior thereto the said
! company shall gay into the Treasury o.
money 10 pay for the publication OF this
ordinance, and unless such acceptance IL
j filed, this ordinance shall become null end
/ section 1s. Ordinances numbered 245J
: 2325, 25T4 and 5130 Of the Ordinances Of the
City of Topeka and all. ordinances or parts
e of ordinances in conflict herewith are here
t Section II. This ordinance shall be e.
fectiye and be in force from and after 10
: ance ss above provided, its publication "a
, the official city paper. and after the ex.
: pirstion Of the time limit fixed By law,
: Il being specifically provided. however, that
: Il shall not be effective until the recelres
| in charge Of the company shall be dis
y charged and the psoperty Of the compenJ
returned TO The Consumers Lfgbt. Heal
0 and Power Company, its SUCCESSORS, OF
] assigns.
e Passed by the Board Of Commissioner
: on 10Th day Of September. 1872
. Approved on the 10th day Of september
2 II. J. coRwINE.
AayoR.
!, Attest. ETA M. COVELI.