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86-9126 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 86-9126 AN ORDINANCE GRANTING TO THE KANSAS POWER AND LIGHT COMPANY, (ALSO KNOWN AS KPL GAS SERVICE), A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS 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. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, 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, and also operating a system for the transmission and distribution of natural gas in the State of Kansas, 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 pipelines and other equipment necessary to carry on the business of selling and distributing natural gas for all purposes to the City of Salina, Kansas, and its inhabitants, and through said City and beyond the limits thereof; to obtain said natural gas 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 natural gas within the corporate limits of said City, such payment to be made monthly for the preceding monthly period. Section 3. That all mains, services, and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers, or other structures already installed. Section 4. Company shall, in the doing of the work in connection with its said gas mains, pipes and services, avoid, so far as may be practicable, interfering with the use of any street, alley, avenue, or other public thoroughfare, and where Company disturbs the surface of a street, alley, avenue or other public thoroughfare, it shall at its own expense and in a manner satisfactory to the duly authorized representatives of the City replace such paving or surface in substantially as good condition as before said work was commenced. Section 5. It is recognized that the natural gas to be delivered hereunder is to be supplied form a pipeline system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter provided, does obligate itself to furnish natural gas in such quantity and for such length of time, limited by the terms hereof, as the said sources and said pipelines are reasonably capable of supplying. Section 6. That Company, its successors and assigns, in the construction, maintenance, and operation of its natural gas 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 or their agents or servants. Section 7. That within sixty (60) days from and after the passage and approval of this ordinance, Company shall file with the City Clerk of said City of Salina, Kansas, its unconditioned written acceptance of this ordinance. Section 8. 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 9. 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 10. This franchise is granted pursuant to the provisions of K.S.A. 12-824. Section 11. That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed. Introduced: March 3, 1986 [ SEAL] ATTEST: h1jow D. L. Harrison, City Clerk 1 2nd Reading: April 7, 1986 Merle A. Hodges, M.D., Mayor