The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-10
LEGAL.
First published in The Topeka State Jour-
nal, September 26. 1O22.)
ORDINANCE NO. 5221.

| Its successors or assigns. for Il period
1 of twenty years from the date of 1.-The
! passage, approval and acceptance hereof,
; the use of the streets. avenues, alleys,
/ parkings and public grounds of the City
| andNmaiiItensnce OF mains and laterais
to be used in supplying the City OF To-
1 peka and its inhabitants with natural or
| artificial gas for cooking. light, heat and
other purposes, together with the right
| TO construct, reconstruct, enlarge. extend
and maintain its plant and works neces-
| ordinances numbered 2435, 1928, 2574 and
5130 OF the Ordinances of the City of To-
peka and all ordinances in conflict here
WHEREAS. The Consumers light, Heat
and Power company "a eso , at On, exist,
and duly authorized to do business in the
State of Kansas. has purchased and now
owr3 al the franchise rights, privileges,
| immuuities and property of The Continent
| tai "a and Gas company and The Excelsior
Coke and Gas Company and has as such
owner for manly years been engaged in the
business OF purchasing, distributing and
selling natural gas in the City of Topeka
| and has been and 10 now obligated under
visions of Ordinance No. 25T4 to return
to the manufacture. distribution and sale
of artificial or mannfaetured gas, ana ,.s
business. The Consumers Light, Heat pnu
Power Company has been and is controlled
| nances of the City of Topeka; numbered
respectively 2430, 1925, 2514 and 5130N each
of said ordinances bearing separate oates
and expiring at different times
Ordinance No. 2435 being an ordinance
granted to the Continental OIL and Gas
Company, providing for the aistributton
gust Is, 1903, and expiring twenty years
granted to The Excelsior Coke and Gas
Company, providing for the 1nanufaeture.
distribution and sale Of artificial gas. eff
fective September 30, 1904. and expiring
ordinance No. 2574, being an ordinance
granted to The Excelsior Coke ana Gas
Company and The Consumers Light Heat
aud Power Company, Jointly, providing for
the distribution and sale of both natural
and artificial gas effective May =; 100,
and expiring twenty years from said date.
Ordinance No. $3.50. being an ordinance
granted to The Continental Oil and Gas
Company, providing for the method and
manner of locating and laying gas mains
and pipes under the streets and alleys i'll
the City of Topeka, effective November "a,
1921, ana expiring August is, 1923.
WHEREAS, 1t has become desirable and
necessary, due to the growth of the City
of Topeka, for said The Consumers Light,
Heat and Power Company to extend, re,
construct and Te-arrahge its mains AMI
Iaterlls used and useful in the purchase,
distribution and sale of natural gas and
in the event of the Abandonment Of the use
thereof for any reason with the approval
of the City Commission, to enlarge. extend.
plant for the manufacture distribution and
sale Of artificial or manufactured gas, and
WHEREAS, 1t is desirable and necessary
that all such work shall be done under
one ordinance which shall distinctly and
definitely define the rights and obligations
of The Consumers Light, Heht and Power
WHEREAS, TO this end it is, desirable
that such new franchise ordinance con-
Of Topeka and The Consumers Light, Heat
and Power Company, and that all ordi-
nances now existing between said parties
and between the City of Topeka and The
Continental Oil and Gas Company and The
Excelsior Coke and Gas Company shall be
repealed; NOW, THEREEoEE,
COMMISSIONERS OF THE CITY OF
TOPEKA:
Heat and Power Company is hereby
granted the right and privilege to use all
streets. avenues. alleys. parkings and pub
lie grounds of the City of Topeka, Kansas,
subject to the limitations herein stated,
including all additions that may hereafter
be made thereto for the purpose. of extend
structing and relocating its mains. laterals
and pipes to furnish to the City of Topeka
and the inhabitants thereof natural or
from the date of the acceptance of this
ordinance, as hereinafter provided, and
Power Company shall have the right and
authority to use the streets, avenues, al
leys, rarkings and-public grounds of the
Cg The T Ps to for rebaa
maintain and operate its mains and laterals
of artificial gas in the event that the use
of natural gas shall for any reason be
suspended or abandoned, as hereinafter
provided.
Section 2 That as a consideration for
the granting of the rights and privileges
herein the said The Consumers Light, Heat
and Power Company binds and oblfgates,
it's successors or assigns, to furnish to the
City of Topeka, natural gas under the
terms and conditions as provided in this
shall on account of the failure Of Il sur
ficient supply of natural gas or otherwise
within the City of Topeka with natural
gas, then the said The Consumers Light,
Heat and Power Company, its successors
or assigns, shall Immediately supply its
customers IN said city with artificial or
manufactured gas for so long as such
failure of the supply of natural gas shall
continue: provided that the said The Con-
sumars Light. Heat and Power Company
shall not abandon. suspend or cease to use
natural gas and use artificial gas until the
same has been approved by the City Conn
mission.
Section o. That The Consumers Light.
Heat and Power Company. its successors
or assigns, are hereby granted the right
and privilege to use all the streets, ave
n1es, alleys, P1rkings and public grounds
including all additions that hereafter may
be made thereto, for the purpose of laying
its mains, and pipes to ,urnish the City
of Topeka and the inhabitants thereof
natural or artificial gas as above provided
for q term of twenty tehrs from the date
of the acceptance or this ordinance. anu
The Consumers Light Heat and Power
Company shall have the right and authority
to use al streets, avenues, alleys, parkings
and public grounds of the City OF Topeka
for the purpose Of laying. extending, re-
pairing taking up and relocating mains
pines and lines. provided that all gas pipeS
and mains, where practicable. shall be laid
in the south and east sides of streets, al
lers. avenues and parklngs under the d.
rection Of the Mayor and City. Commission:
The said The Consumers Light Heat AMI
Power Company, its Successors or assigns
shall make application to the Mayor ana
City Commission before laying any gas
pipes and mains and the said gas pipes
and said mains shall be laid by the direc-
ton of the Mayor and City Commission,
who shall at all times determine where 1t
is practicable to lay the said gas pipes
and mains and tine same Shall be laid under
the supervision of the Commissioner of
Streets and the City Engineer. And where
sudh gas mains parallel any of the water
mains OF the City OF Topeka. said gas pipes
and mains shall be laid so that there will
be a clearance OF Mt least twelve inches