The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-03
ORDINANCE NO. 1921.

| ORDINANCE NO. 5221.
AN ORDINANCE granting to The Con-
sumers Light, Heat and Power Company,
| Its successors or assigns, for period
a twenty years iron 4d the aate 6s
the use of the streets, avenues, alleys,
parkings and public grounds of the City
| of Topeka. for the installation, extension
and maintenance of mains and laterais
to be used in supplying the City of To-
| peka and it's 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. 1925. 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 corporation exist
ing under the laws of the State of Delaware
and duly authorized to do business in the
State of Kansas, has purchased and now
owns all the franchise rights, privileges,
immunities and property of The Continent
/ tai Oil and Gas company and The Excelsior
| Coke and Gas Company and has as such
owner for many years been engaged in the
business Of purchasing; Distributing T9 and
| and has been and is now obligated under
| certain specified conditions under the pro-
visions of Ordinance No. 2574 to return
to the manufacture, distribution and sale
| of artificial manufactured gas, and
WHEREAS, In the transaction of Its
|
Power Company has been and is controlled
| by and operates under four distinct ordi-
nances of the City of Topeka, numbered
respectively 2435, 1925 257f and 51So, each
! of said ordinances bearing separate dates
I and expiring at different. times.
Ordinance No. 24S5. being an ordinance nee
Company, providing for the distribution
and sale of natural gas only, effective Au-
gust Is, 1903, and expiring twenty years
Ordinance No. 2525, being an ordinance
granted to The EXCELSIOR Coke and Gas
snd sae Of sr n gas e
fective September 80, 1904, and expiring
thirty years from said date.
/ granted to The Excelsior Coke and iGas
Company and The Consumers Light Hea
and Power Company, Jointly: proyiding fOl
and artificial gas, effective May 4. 1905
A and expiring twenty years from said date
sraned ao The sh Oil and ga
Company, providing for the simethod ant
manner Of locating and laying gas mains
the City of Topeka, effective November "a
1921, and expiring August Is, 1928.
WHEREAS, 1t has become desirable ane
1 of Topeka, for said The Consumers Light
Heat and Power Company to extend, re
construct and re-arrange its mains AM
laterals used and useful in the purchase
distribution and sale of natural gas ant
in the event of the abandonment of the us
Of the City Commission, to enlarge. extend
reconstruct and re-equip its works ant
plant for the manufacture. distribution and
sale of artificial or manufactured gas, ant
Il WHEREAS, 1t lis desirable and necessar!
that all such work shall be done unde
one ordinance which shall distinctly ant
definitely define the rights and obligation
Of The Consumers Light, Heat and Powe
Company and the public, and
WHEREAS, To this end it is desirab,
, that such new franchise ordinance or con
tract be made and entered into by the Cit!
of Topeka and The Consumers Light, Hea
nances now existing between said partie
! and between the City of Topeka and Tn
l!Continental OIL and Gas Company and TIL
repealed; NOW. THEREFORE.
iBE IT ORDAINED BY THE BOARD OF
i COMMISSIONERS OF THE CITY OF
l TOPEKA:
Heat and Power Company is hereb:
; granted the right and privilege to use al
streets, avenues, alleys, paTkings and pub
subject to the limitations herein stated
including all additions that may hereafte
be made. thereto for the purpose of extend
ing, laying, taking up, removing, recon
structing and relocating its mains. lateral
and pipes to furnish to the City of Topek
artificial gas for a term Of twenty year
from the date of the acceptance of thi
ordinance, as hereinafter provided, an
Power Company shall have the right an
authority. to use the streets, avenues, al
leys, parkings and public grounds of tn
City of Topeka for said purposes, togethe
] with the right to enlarge, extend. rebuild
maintain and operateft mains and lateral
for the manufacture, distribution and sal
of artificial gas in the event that the US
of natural gas shall for any reason b
) suspended or Abandoned. as hereinafte
provided.
: Section 2 That as a consideration 70
: the granting, of the rights and privilege
herein the said The Consumers Light, Hea
and Power Company binds and obligatei
. its successors or assigns, to furnish to tn
City Of Topeka, natural gas under th
terms and conditions as provided in thi
ordinance, and If at any time said compan
shall on account of the failure of a sui
ficient supply of natural gas or otherwis
cease or be unable to supply customer
,gas, then the said The Consumers Ligh
Heat and Power Company, its successor
or assigns, shall Immediately supply ii
manufactured gas for so long as sue
failure of the supply Of natural gas sha
continue; provided that the said The Cor
sumers Light. Heat and Power Compan
shall not abandon. suspend or cease TO us
natural gas and use artificial gas until tn
same has been approved by the City Con
mission.
Section g. That The Consumers Ligh
Heat and Power Company. its successor
or assigns, are hereby granted the rigf
nues, alleys, parkings and public ground
of the City of Topeka. as herein define'
Including all additions that hereafter ma
be made thereto, for the purpose OF layin
: its mains and pipes to Furnish the Cit
= of Topeka and the inhabitants theret
natural or artificial gas as above provide
e for a term Of twenty years from the dai
of the acceptance Of this ordinance. an
: The Consumers Light, Heat and Pows
! company shall have the right and authorit
TO use all streets, avenues, alleys, parking
: and public grounds of the City of Topek
for the purpose of laying. extending, II
= pairing, taking up and relocating main
pipes and lines, provided that all gas pip.
and mains. where practicable. shall be lal
= in the south aud east sides of streets. q
:, leys, avenues and psrkings under the d
d rection of the Mayor and City Commissio