The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-26
LEGAL
said company is prevented from complying
with the above provisions.

\
said company is prevented from complying
with the above provisions.
Section s. The Consumers Light Heat
and Power i6s tse
granting of this franchise. shall Install all
service pipes and meters free of.eharge To-
Section 0. SAs 8 further consideration for
the granting of this franchise. The, Con-
sumers Light, Heat and Power -CompapE.
, shall during the months of January and
July 1923 and during thei months OF JapE
WITH t 9ea c g Ce edsn Of the cty of Topeka
verified report covering the business OF
said company for the preceding six months
and shall pay into the City Treasury stes,s
| per cent of its net earnings over and Rboye
/ ten per cent earnings on Its investment, ana
for this purpose II is agreed that the prss- .
| shall be added the cost of extensions and
! improvements as made. This agreed value~
| mission of either party hereto that theE
! same Is the correct value for rate making
purposes. The Board OF City Commission
examine all books, receipts. files, records
and documents of the company to ver1fT
! the correctness of its semi annual reports
and TO correct the same II found 10 be err
roneous. If such statement OF semi-annua$
earnings be incorrect, then such naymenU
| shall be made upon such corrected figure :
Section 10. The Consumers light HeaH
/ and Power Company shall be liable for anH
any and all damages and loss the ctfy maA
sustain or be- compelled to pay by reasorl
OF the rights or privileges heTeny grsnsteG
or ditch in the streets, alleys or PUBLIC
| grounds left open or unrepairad or an3
kpany, or that may in any mauneE resule
from the negligence of said company NJ
| the construction or operation Of its gh 4
| lines or the exercise in any manner of tho
rights hereby granted. And If any actione
| either at law or in equity be broughr
| or for any costs or expenses for the faulE
! or negligence or omission of said CONS
ouired - by i This franchise or by reason %
| any negligence of said company, its serS
| ants employees in the control or opera
ton of said Gas Company, the said The
Consumers Light, Heat and Power Comt
pany its successors or assigns, shall pays
| all costs or damages for which said city
Section IL As a further consideration Cd
the granting of this franchise, said ThY
Consumers Light, Heat and Power Gem
pany agrees to waive all claims OF every
kind and description against the City of
bGdngs sn owned By tie City
with gas, free of charge to said city, pro%
viding, however, that said .City-dpes noT
per year and if said City consumes in ex4
cess of this amount, 1t shall pay Tor said
excess at the prevailing gas rate
Section II This ordinance and, the writ 4
ten acceptance thereof by The Consumers
Light, Heat and Power Company shall con :
stitute 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 and@
Power Company, its successors Or assigns (
and Power Company, its successors or rs I
signs, shall file in the office OF the city,
Engineer, Of the City Of Topeka, p map 81
plat, showing the location and size of al Z
gas mains laid in the City of Topeka and7
said map or plat shall be corrected everys
six months showing all additional mains
1 Section H. In case of failure on tho
part of The Consumers Light, Heat an'ls
nNNsnT Enr nr a al ION.
to comply with any OF the provisions OF
this franchise or Of any lawful ordinances
of said City, regulating The Consumers
|, Light Heat and Power Company, It's sue 4
| cessors or assigns, land II otter ninety dny s.
written notice by the Mayor and city Com
mission of said City of such failure. saidf
The Consumers Light, Heat ana Power.
Company Its successors or assigns, ftils,
to comply with this franchise, or otdes1
lawful ordinances regulating or rOyerning1
The Consumers Light. Heat and Pow.r 4
Company its successors or assigns, withifi7
the time set in said notice. the said The
Consumers Light, Heat and Power Cofn-'
Pany. its successors or assigns, shall be.
| thereof, shall be fined in the sum of nod
> less than Fifty Dollars $4,000. or moro.
than Three Hundred Dollars tS300.Qc) and.
every day said The Consumers Light, Heat
4 and Power Company. its successors or as-i
signs, shall remain in default in respect. to'
the said violation shall be deemed q new
offeuse and subject The Consumers Light
Heat and Power Company, its successor 8,
or assigns, to the penalties above provided /
: And provided further, that in the -cTent of|
the failure on the part OF The Consumers,
. Light, Heat and Power Company; It's sue !
cessors or assigns, TO comply with any or
! 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
and Power Company, Its successors, or as
, signs, shaAforfeit all rights and privileges,
! granted by this franchise and this franchise
} and all rights thereto shall cease, ipsJi
facto, terminate and become null and void I;
shall continue uncorrected for sixty day q
/. after written or printed notice on TIE
part Q. the Mayor aud Commissioners OF
, Section is. That within twenty days
:. after the passage and approval OF this
Power Company shall file with the City
: Clerk Of the CITY of Topeka Its acceptanes
, | in writing Of the provisions and conditions
J OF this ordinance. which acceptance shall
Il be duly acknowledged before some officer
/ duly authorized to administer oaths. and
eom ops sS shall l"r pay INTO the Treasury OF
! the City of Topeka a sufficient snm OF
ordnance. and unless such acceptance is
] filed, this ordinance shall become null and
/ Section 1G. Ordinances numbered 243Jf
: 2525 2574 and 51S0 of the Ordinances Of the
City of Topeka and all ordinances or parts
Section IL This ordinance shall be ef-
feetiTe and be in force from and after It's
! passage and approval and after Its accept
nnee as above provided, Its publfcnnon IN
!, the official city paper. and after cthe ex-
: piration Of the time limit fixed by law I;
: it being specifically provided. however that
: it shall not be effective until the receiver
/ | in charge of the company shHil be dis
, charged and the property Of the company
: returned TO The Consumers Light. Heat
0 and Power Company, its SUCCESSORS, or
1 assigns. f--a-
e Passed by the Board Of Commissioners
: on 10th day of September. 1922
. Approved on the 10th day of September.
2 ,'-- II. coRwfNE,