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