The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-26
LEGAL

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
ana AND safd IN, MANS M sna oe iaia eg the a1feG
who shall at all times determine where IT
is practicable to lay the said gas pipes
and mains and the same shall be laid under
the supervision of the Commissioner of
Streets and the City Engineer. And where
such gas mains parallel any OF the water
and mains shall be laid so that there will
be a clearance of at least twelve inches
mains, and clearance OF at least four
inches where gas pipes or mains cross
water pipes or mains, and at least twelve
inches from the fire hydrants, unless in
each case an exception to the general rule
missioners of Water works and. Street
done and his decision shat be final.
All gas mains laid by The Consumers
Light Heat and Power Company. its sue
cessors or assigns, must be standard cast
iron gas pipe, except for repairs and con-
nections. All cast iron joints must be
-eaulked with lead to hold at least ten
run in the presence of the. plumbing I'M
spector and receive his approval before
shall be made by the Gas Company. All
| service pipes and latersls other than those
of cast iron must be galvanized wrought
iron pipe except in territory north Of Crane
Street extended. All joints to be coated
with turpentias asphaitum paint or its
All excavations made in the parkIngs, of
the City of Topeka. whether for the pur-
pose of the installation. repair or taking
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. AL
pipes and mains laid in the parkings or
public grounds shall be laid under the SUI
pervision Of the City Engineer.
sx 81. Irrv 81 al.
mains and pipes and the exercise of the
rights granted, no streets, alleys or public
grounds shall be at any time unnecessarily
now laid or which may hereafter be laid
by the said City or by any authorized
| person or corporation shall be interfered
with or DISTRACTED in any Unnecessary
| manner, and all excavations or openings
made hereunder by said The Consumers
cessors or assigns. shall within a reason
able. time be repaired and placed in as
good condition as before such excavations
fwere made. All work shall be done under
the supervision and to the satisfaction of
the City Engineer, provided, that if any
se enng r o or ten in any
I be left open or unrepaired or any unneces-
| sary opening or obstruction be left thegeon
by The Consumers Light, Heat ana Power
Company, its successors or assigns, in vio-
latfon of this section the City may cause
such excavation; opening or ditch to be
moved and the expense incident thereto
! shall be charged to and collected from The
Consumers Light: Heat and Power Com
laying of said mains and pipes said The
Consumers Light, Heat and Power Com
make excavations IN more than two con,
| secutive blocks Mt 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
0f linz nd
| construction work within the City of To-
peka.
i Section 5. 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 G. The Consumers light, Heat
and Power Company, its SUCCESSORS or as
/ signs. as a consideration for the granting
| Of this franchise, agrees to accept such
any legal authority having jurisdiction
and If. during the term of this franchise
the City Of Topeka should be vested with
tsumers Light Heat and Power Company
/ its successors or assigns, agrees to estab-
lish and accept such rates which after al
expenses and a reasonable sum for preser-
vation of property, shall be no higher than
d
! the value of its properties.
: Section Z. That as a further considera-
I ton for the granting OF this franchise, The
Consumers Light: Heat and Power Com
pany, shall within six months from the
date hereof, unless prevented by the act oil
God, strikes or inability to secure material
not less than $1,000 lineal feet Of main ex-
tensions, and in addition to these said ex
tensions The Consumers Light, Heat and
Il Power Company, its successors or assigns
I thereafter shall enlarge and extend its gai
mains and service so as 10 furnish gas e
those not supplied upon the following
Il Extensions shall be made when fifty pei
cent Of the persons, firms or a corporation
who are bona fide resident property owners
along the lipe Of the proposed extension
said company sufficient number Of writ
ten contracts, the performance Of which
sufficient bond, stipulating that said prop
erty owners Will use supply OF gas for Z
period Of two years that win insure Th'
pany, an income therefrom equivalent to
profit Of ten per cent per annuIp on thi
main. when such contracts Of extension
shall be duly executed and such extensions
made. then ten per cent per year. for /
against all the property along the said hn'
of extension. In the event a gufficien
number Of contracts as above provided arr
delivered to said Company with the neces
sary cash deposit or bond guaranteeing tn,
performances of said contract and the sale
Company fails and negiects. to construc
said proposed extension within six month";
after said contracts have been delivered
as above provided, then the said The Con
sumers Light, Heat and Power Company
its Successors or assigns. shall be guilt!
of misdemeanor and on conviction there
of fined in a sum not less than Fifty Dol
lars $4,000 nor more than Three Hundred
Dollars, fS300.0ol, and each and every dal
, after said six months period, said com
pany shall remain in default in respect Il
said failure to making said extension. shall
be deemed a new offense and subject TIL
! said company TO the penalty above pro
lSided. Provided, however. that the inabil
ity of said company to comply with tn
provisions Of this section. because of 81
: | act of God, strikes or inability TO secur
: material or other causes beyond its control
shall exempt said company from the pen
a1fsaa ~ This section durfng the r,erio,