86-9125 KPL Franchise(Published in The Salina Journal April 11, 1986)
This ordinance was filed with the State Corporation Commission on
the 9th day of April, 1986.
ORDINANCE NUMBER 86-9125
AN ORDINANCE GRANTING TO THE KANSAS POWER AND LIGHT
COMPANY, (ALSO KNOWN AS KPL GAS SERVICE), A KANSAS CORPORATION,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, PRESCRIBING THE
TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE
TERMS HEREOF.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That in consideration of the benefits to be derived by the
City of Salina, Kansas, and its inhabitants, there is hereby granted to The
Kansas Power and Light Company, a Kansas corporation, hereinafter sometimes
designated as "Company", said Company being a corporation operating a system
for the transmission of electric current between two or more incorporated cities
in the State of Kansas, into and through which it has built transmission lines,
the right, privilege, and authority for a period of twenty (20) years from the
1st day of June, 1986, to occupy and use the several streets, avenues, alleys,
bridges, parks, parkings, and public places of said City, for the placing and
maintaining of equipment and property necessary to carry on the business of
selling and distributing electricity for all purposes to the City of Salina, Kansas,
and its inhabitants, and through said City and beyond the limits thereof; to
obtain said electricity from any source available; and to do all things necessary
or proper to carry on said business in the City of Salina, Kansas.
Section 2. As further consideration for the granting of this franchise,
and in lieu of any city occupation license, or revenue taxes, the Company shall
pay to the City during the term of this franchise three percent (3%) of its gross
revenue from the sale of electric energy within the corporate limits of said City,
such payment to be made monthly for the preceding monthly period.
Section 3. That Company, its successors and assigns, in the
construction, maintenance, and operation of its electric transmission, distribution
and street lighting system, shall use all reasonable and proper precaution to
avoid damage or injury to persons and property, and shall hold and save
harmless the City of Salina, Kansas, from any and all damage, injury and
expense caused by the sole negligence of said Company, its successors and
assigns, or its and their agents or servants.
Section 4.
That within sixty (60) days
from and after the
passage
and approval of this
ordinance, said Company shall
file with the City
Clerk of
said City of Salina,
Kansas, its unconditioned
written acceptance
of this
ordinance.
Section 5. That any and all ordinances or parts of ordinances in
conflict with the terms hereof are hereby repealed.
Section 6. That this ordinance shall become effective and be in force
and shall be and become a binding contract between the parties hereto, their
successors and assigns, from and after its passage, approval and publication as
required by law, and acceptance by said Company.
Section 7. That this ordinance, when accepted as above provided,
shall constitute the entire agreement between the City and the Company relating
to this franchise and the same shall supersede and cancel any prior
understandings, agreements, or representations regarding the subject matter
hereof, or involved in negotiations pertaining thereto, whether oral or written.
Section 8. This franchise is granted pursuant to the provisions of
K.S.A. 12-824.
Introduced: March 3, 1986
2nd Reading: April 7, 1986
f �.
Merle A. Hodges, M.6 �-: Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk