The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-26
ORDINANCE NO. 1921.

ORDINANCE NO. 5221.
AN ORDINANCE granting to The Con-
sumers Light, Heat and Power Company,
Its successors or assigns, for a period
OF twenty years from the date of the
passage, approval and acceptance hereof,
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 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-
sary for such purposes, and repealing
Ordinances numbered 2435. 2525. 2574 and
5130 of the Ordinances of the City of To-
peka and all ordinances in conflict here
with. ~
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,
lmmunities and property of The Continent
Coke and Gas Company and has as such
owner for many years been engaged in the
business Of purchasing, distributing and
selling natural gas in the City of Topeka,
and has been and is now obligated under
certain specified conditions under the pro-
visions of Ordinance No. 2574 to return
of artificial or manufactured gas, and
WHEREAS, In the transaction of its
business, Inc CONSUMERS Light, Heut anu
Power Company has been and is controlled
by and operates under four distinct ordi-
nances of the City of Topeka, numbered
respectively 243o, 1925, 2574 and $3.50, each
Of said ordinances bearing separate dates
and expiring at different times.
Ordinance No. 2435. being an ordinance
Company, providing for the distribution
and sale of natural gas only, effective Au-
gust IS, 1908, and expiring twenty years
Ordinance No. 2525, being an ordnance
granted to The Excelsior Coke and Gas
Company, providing for the manufacture,
fectfye September 80, 1904. and expiring
thirty years from said date.
Ordinance No. 2574. being an ordinance
granted to The Excelsior Coke and Gas
Company and The Consumers Light, Heat
and Power Company, Jointly, providing for
re ana sale OF R 4oth naf 1dn
and expiring twenty years from snid date.
Ordinance No. $50, being an ordinance
Company, providing for the method and
manner of locating and laying gas mains
and pipes under the streets and alleys in
1921, and expiring August IS, 1928
WHEREAS, 1t has become desirable and
necessary, due to the growth of the City
Heat and Power Company to extend, re-
construct and re-arrange its mains and
laterais used and useful in the purchase,
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, Heat and Power
Company and the public, and
WHEREAS, To this end it is desirable
that such new franchise ordinance or con-
ira Rf fln ar 10 nd
of Topeka and The Consumers Light, Heat
and Power Company, and that all ordi-
n nan now existing ny G ne said Tss
Continental Oil and Gas Company and Tho
Excelsior Coke and Gas Company shall be
repealed; NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF
TOPEKA:
Section L. That The Consumers Light.
Heat and Power Company is hereby
granted the right and privilege to use all
lie grounds of the City of Topeka, Kansas,
subject to the limitations herein stated,
including ali additions that may hereafter
be made thereto for the purpose of extend
ing, laying, taking, up, removing, recon
structing and relocating its mains. laterals
and pipes to furnish to the City of Topeka
and the inhabitants thereof natural or
artificial gas for a term of twenty years
ordinance, as hereinafter provided, and
said The Consumers Blight. Heat ana
Power Company shall have the right and
authority. to use the streets, avenues, al
legs, parkings and public grounds of the
City of Topeka for said purposes, together
with the right to enlarge, extend, rebuild,
maintain and operate its mains and laterals
for. the manufacture. distribution and sale
of artificial gas in the event that the use
tof 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
h ca-I i<rhf Jauf
and Power Company binds and obligates,
its successors or assigns, to furnish to the
City of Topeka, natural gas under the
ordinance, and if at any time said company
shall on account of the failure of suf-
ficient supply OF natural gas or otherwise
within the City CT Topeka with natural
gas, then the said The Consumers Light,
or ora assigns. shah immedisteiy supply its
customers in said City with artificial or
manufactured gas for SO long as such
continue; provided that the said The Con-
sumers Light, Heat and Power Company
shall not abandon, suspend or cease 20 use use
same has been approved by the City Com
mission.
Section 8. 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-
nues, alleys, parkings and public grounds
| including all additions that hereafter may
be made thereto, for the purpose of laying
its mains and pipes to Furnish the City
of Topeka and the inhabitants thereof
natural or artificial gas as above provided
for a term of. twenty years from the date
of the acceptance Of this ordinance, and
The Consumers Light, Heat and Power
Company shall have the right and authority
to use all streets, avenues, alleys, parkings
and public grounds of the City of Topeka
| for the purposeNof laying. extending, re-
pairing, taking up and relocating mains
pipes and hnes. provided that all gas pipes
and mains, where practicable. shall be laid
| in the south and east sides OF streets, al
l.