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

| carefully and soiidiy packed and where
there is grass sod on said parkings. the
same shall be cut and carefully relaid so
| as to avoid sunken places and mounds. All
pipes and mains laid in the parkings or
public grounds shall be laid Under the SUI
| peryision of the City Engineer -TssS'-4
Section 4. That in the laying OF said
mains and pipes and the exercise Of the
rights granted, no streets. alleys or public
grounds shall be at any time unnecessarily
obstructed and NO water pipes or .sewera
now laid or which may hereafter be laid
| person or corporation shall be interfered
with or obstructed In any unnecessary
| manner, and all excavations or epenin "a
made Hereunder by said The Consumers
| Light Heat and Power Company, its sue
able time be repaired and placed in As
good condition as before such excavations
were made. All work shall be done under
| the City Engineer. provided. that if any
| excavation. opening or ditch in any Of
the streets. alleys or public grounds shall
| be left open or unrenaired or any unneees-
| sary opening OF obstruction be left thereon
by The Consumers Light. Heat and Power
| iation Of this section the City may cause
| such excavation, opening or ditch to be
| repaired and the obstruction to be re-
| shall be charged to and collected from The
Consumers Light Heat and Power Com
pany. And further provided. that in the
/ laying OF said mains and pipes said The
| Consumers Light, Heat and Power COM
pany, its ASuecessors or assigns. shall not
| make excavations in more than two con-
secutive blocks at any one time. And fur
/ Their provided. that the provisions of this
| franchise shall be subject at all times TO
| all existing ordinances of the City of To-
| peka and all ordinances that may hereafter
| be passed relating to excavations, laying of
| pipes, mains and all other engineering and
construction work within the City of To-
Section .. Said The Consumers Light,
| Heat and Power Company, Its successors
or assigns, shall upon notice from the
Mayor and City Commission remove or
' change at its or their expense, any gas
mains or service pipes laid by them which
| may be in the way of, or interfere with the
construction or erection of any public
building or other public improvement. !.
Section @. The Consumers Light, Heat
| and Power Company, its successors or as
signs. as a consideration for the granting
rates as may he lawfully established BY
any legal authority having jurisdiction;
and II. during the term of this franchise,
| the City of Topeka should bye vested with
the authority to regulate rates, The Con
sumers Light, Heat and Power Company.
Iish and accept such rates which after al
lowing for proper and necessary operating
expenses and reasonable sum for preser-
m pay Df ren
the value of its properties.
Section 7. That as a further considera-
ton for the granting of this franchise, Tire
Consumers Light. Heat and Power Com
Tany, shall within six months from the
date hereof, unless prevented by the act of
or other causes beyond its control install
not less than $4,000 lineal feet of main ex-
tensi9ns The q Consumers ideht. Hear and
Power Company, its successors or assigns,
thereafter shall enlarge and extend Its gas
mains and service so as to furnish gas. to
those not supplied upon the following
terms and conditions, namely: Yv q,
| Extensions shall be made when fifty per
cent OF the persons, firms or corporation,
who are bona fide resident property owners
along the line of the proposed extension
said said COMPANY a sufficient number ofsWrit
ten contracts, the performance OF which
is secured by a cash deposit or, a good end
sufficient bond, STIMULATING that said prop
erty owners will use a supply, of gas for
period of two years that will Insure The
Consumers Light. Heat and Power Com
pany, an income therefrofn equivalent to
profit OF ten per cent per hhnum on the
cost of the extension of shi'l proposed
main. When such contracts of extension
shall be duly executed and such extensions
period Of Two years shall be proportioned
Of extension. ~ i. In the event a s1RHeisnt
number of contracts as ADORE 'proviii41 are
delivered to said Company, with the neoes-
sary cash deposit or bond guaranteeing the
performance of said contract and the said
Company fails and neglerts to construct
said proposed extension within six months
inter said contracts have been deliveFed
as above provided then the said The con-
sumers Light. Heat and Power CoHpaiiy.7
its successors or assigns. shall be guilty
of mlsdemeanor and on conviction there
of fined in a sum not less than Fifty Ifol-
lars (s50.0Ol nor more than Three Hundred
Dollars. (S300.00), and each and every day
after said SIX months period. said com
Said failure to making said extension, shall
be deemed a new offense and subject the
said company TO the penalty above pro-
sided.. Provided, however. that the inabii-
fty Of. said company to comply with the
provisions of this section, because of nm
act of God, strikes or inability to secure
material or other causes beyond its control.
shall exempt said company from the pen
alties of this section. during the period
said company ID prevented from complying
Section s. The Consumers Light, Heat
and Power Company, Its successors or MS
granting of this franchise, shall install ali
service pipes and meters free of charge to
the consumer. .-ee
Section .. As7rfurther consideration for
the granting of this franchise, The Con-
sumers Light Heat and Power Company
shall during the months Of January and
July 1929 and during the months of JAN
uary and July each year thereafter. file
With the City Clerk of the City of Topeka
n vsfified report covering the business of
said company for the Preceding. six months.
and shall pay into the City Treasury ten
per cent of its net earnings over and above
ten per cent earnings on Its investment, and
ent ipvestment is S1.400,00000 to which
shall be added the cost of extensions and
ton shall not be construed to be an all
mission Of either party hereto that the
same is the correct value for rate making
purposes. The Board of City Commission
ers shall have access to and the right to
examine all books. receipts, files. records
and documents of the company to verify
the correctness Of its semi annual report
And to correct the same il found to be err
ronepus. IL such statement of semi-annunl
earnings be incorrect. then such payfneiit
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 on
any and all damages and loss the city may
sustain or be compelled to pay by reason
Of the rights or privileges hereby grdnted
or account of any excavation. opening
or ditch III the streets, alleys or public
grounds left open or unrepaired Of any
obstruction to said streets by said COM
pany, or that may in any manner result
the construction or operation of its gas
fines or the exercise in any manner of the
rights hereby granted. And If any action.
either at law or in equity be brought
,ff,-