23-11173 Evergy Franchise ORDINANCE NO. 23-11173
N AN ORDINANCE GRANTING TO EVERGY KANSAS CENTRAL, INC., A KANSAS
CORPORATION, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE,
W 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. DEFINITIONS.
For purposes of this Franchise,the following words and phrases shall have the meanings given
herein:
City shall mean the City of Salina, Kansas.
Company shall mean Evergy Kansas Central, Inc., a Kansas Corporation.
Distributed or Distribution shall mean all sales,distribution,or transportation by the Company
or by others through the Facilities of the Company in the Right-of-Way to any consumer for any use
within the City.
Facilities shall mean all electric distribution lines,substations,works,and plants together with
all necessary appurtenances thereto.
Franchise shall mean the grant of authority by the City to Distribute electric energy within
the corporate limits of the City.
Franchise Ordinance shall mean this Ordinance granting the Franchise to the Company.
Gross receipts shall mean any and all compensation and other consideration derived directly
by the Company from any Distribution of electric energy within the corporate limits of the City,
including domestic, commercial and industrial purposes, through charges as provided in tariffs filed
111 and approved, and including without limitation interruptible sales and single sales; except that such
term shall not include revenues from any operation or use of any or all of the Facilities in the Right-
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of-Way by others nor shall such term include revenue from certain miscellaneous charges and
accounts, including but not limited to delayed or late payment charges, connection and disconnection
w fees, reconnection fees, customer project contributions, returned check charges, and temporary
service charges.
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Public Improvement shall mean any existing or contemplated public facility, building, or
capital improvement project, including without limitation, streets, alleys, sidewalks, sewer, water,
drainage, Right-of-Way improvement, and other Public Projects.
Public Project shall mean any project planned or undertaken by the City or any trust,
instrumentality, or authority formed by or for the benefit of the City for public purposes, or by any
governmental entity for construction, reconstruction, maintenance, or repair of public facilities or
improvements, or any other purpose of a public nature paid for with public funds:
Public Project for Private Development shall mean a Public Project, or that portion thereof,
arising solely from a request or requirement of a third (3rd)party primarily for the benefit and use of
a third (3rd) party. For purposes of this definition, a third (3rd) party as used in this definition shall
not include any trust, instrumentality, or authority formed by or for the benefit of the City for public
purposes.
Right-of-Way shall mean the area on, below, or above the entire width between property lines
of land, property, or an interest therein of every way publicly maintained where any part thereof is
open to the use of the public for purposes of present and future public streets,avenues,alleys,bridges,
boulevards, roads, highways, public utility easements, and easements dedicated to or acquired by the
City. The term does not include easements obtained by private entities providing utilities services or
private easements in platted subdivisions or tracts.
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Utility Easement shall mean an easement owned by or dedicated to the City for the purpose
of providing the Company and other utilities access to customers and users of any utility service.
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SECTION 2. GRANT.
There is hereby granted to Company, the non-exclusive right, privilege, and franchise to
construct, maintain, extend, and operate its Facilities in, through, and along the Right-of-Way of the
City for the purpose of supplying electric energy to the City and the inhabitants thereof for the full
term of this Franchise; subject, however, to the terms and conditions herein set forth. Nothing in this
grant shall be construed to franchise or authorize the use of the Company's Facilities or the Right-of-
Way by the Company or others, for any purpose not related to the provision of electric energy. The
Company may not allow a subsidiary, affiliate, or a third (3rd) party to acquire rights to occupy the
Rights-of-Way under this Franchise;provided,that nothing in this section shall prevent the Company
from allowing the use of its Facilities by others when such use is compensated to the City under the
provisions of a franchise granted by the City to any such third party.
SECTION 3. TERM.
A. The term of this Franchise shall be twenty (20) years from the effective date of this
Franchise Ordinance.
B. Upon 60 days advance written notice by the City, the franchise fee percentage rate
may be changed on the fifth, tenth or fifteenth anniversary of the effective date of this Franchise
Ordinance.
C. Upon written request of either the City or the Company, the Franchise shall be
reopened and renegotiated at any time upon any of the following events:
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1. Change in federal, state, or local law, regulation, or order which materially
affects any rights or obligations of either the City or the Company, including but not limited
w to the scope of the grant to the Company or the compensation to be received by the City; or
2. Change in the structure or operation of the electrical energy industry which
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materially affects any rights or obligations of either the City or the Company, including but
not limited to the scope of the grant to the Company or the compensation to be received by
the City; or
3. Any other material and unintended change or shift in the economic benefit to
the City or a change the Company did not anticipate upon accepting the grant of this Franchise.
D. Amendments under this section, if any, shall be made by ordinance as prescribed by
statute. The Franchise shall remain in effect according to its terms pending completion of any review
or renegotiation pursuant to subsection(c).
SECTION 4. COMPENSATION TO THE CITY.
A. In consideration of and as compensation for the Franchise hereby granted to the
Company by the City, the Company shall make an accounting on a monthly basis to the City of all
electric energy that has been Distributed. The Company shall pay the City a sum equal to six percent
(6.0%) of the Gross Receipts received from such Distribution of electric energy, which shall be
adjusted for uncollectible receivables and for receivables which are later collected.
B. Payment of the compensation above shall be effective on the first day of the first month
after final passage and approval by the City and acceptance by the Company of this Franchise
Ordinance. Prior to that date, payments shall continue to be calculated and be paid in the manner
previously provided in Ordinance 05-10292, as amended by Ordinance No. 15-10802. Such
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payments shall be made to the City, under procedures which are mutually agreed to by the Company
and the within City, ( )days thirty30 of the last dayof the month to which such accounting shall apply.
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W C. Notwithstanding anything to the contrary in this Franchise,the fee provided for in this
Section 4 shall not become effective within any area annexed by the City until 30 days after the City
provides the Company with a certified copy of the annexation ordinance, proof of publication as
required by law and a map of the city detailing the annexed area.
D. In the event and to the extent the accounting rendered to the City by the Company is
found to be incorrect,then payment shall immediately be made on the corrected amount,plus interest
on the incorrect amount at the statutory rate from the date that such amount should have been paid to
the City. The City may accept any amount offered by the Company, but the acceptance thereof by the
City shall not be deemed a settlement of such item if the amount is in dispute or later found to be
incorrect. The Company agrees that all of its books, records, documents, contracts and agreements
as may be reasonably necessary for an effective compliance review of this Franchise Ordinance shall
upon reasonable notice and at all reasonable times be opened to the inspection and examination of the
officers of the City and its duly authorized agents, auditors, and employees for the purpose of
verifying said accounting. Notwithstanding the obligation herein, the Company shall have the right
to require the reasonable protection of proprietary information of the Company.
SECTION 5. PAYMENT AND CHARGES.
A. The franchise fee required herein shall be in lieu of all taxes,assessments, and licenses
otherwise applicable that are or may be imposed by the City under K.S.A. 12-2001, and amendments
thereto; provided, however, that the usual general property taxes and special ad valorem property
assessments, sales and excise taxes, or charges made for privileges which are not connected with the
electric energy business,and the fees and charges set forth in Section 5(b)of this Franchise Ordinance,
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will be imposed on the Company and are not covered by the franchise fee. Further, and without
limiting the foregoing, from and after the date hereof, the permit fees required of the Company by
Q_ any ordinance (presently in effect or hereafter adopted) for a permit to excavate in or adjacent to any
Right-of-Way shall be deemed a part of the compensation paid pursuant to this Franchise Ordinance
and shall not be separately assessed or collected by the City; in no event,however, shall this provision
be interpreted to waive the requirement of notice to the City and the procedural requirements of such
ordinance, including any permitting requirements. The Company remains subject to the terms and
requirements of the Salina Municipal Code, unless otherwise specified herein. The franchise fee is
compensation for use of the Right-of-Way.
B. The Company shall be subject to the following fees and costs in connection with its
use and occupancy of any Right-of-Way: (i) inspection fees to recover all reasonable costs associated
with inspection of the work of the Company in the Right-of-Way when Facilities are reasonably
determined by the City to be of such a scope and magnitude so as to require the City to incur such
inspection costs by an outside party; and(ii)the repair and restoration costs associated with repairing
and restoring the Right-of-Way because of damage caused by the Company, its assigns, contractors,
and/or subcontractors in the Right-of-Way.
SECTION 6. USE OF RIGHT-OF-WAY.
The use of the Right-of-Way under this Franchise by the Company shall be subject to all rules,
regulations,policies,resolutions,and ordinances now or hereafter adopted or promulgated by the City
in the reasonable exercise of its police power relating to use, placement, location, or management of
utilities located in the Right-of-way. In addition, except as otherwise provided in this Franchise
Ordinance, the Company shall be subject to all laws, rules, regulations, policies, resolutions, and
ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its
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police power relating to permits, fees, sidewalk and pavement cuts, utility location, construction
N coordination, screening, and other requirements on the use of the Right-of-Way; provided, however,
W that nothing contained herein shall constitute a waiver of or be construed as waiving the right of the
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Company to oppose, challenge, or seek judicial review of, in such manner as is now or may hereafter
be provided by law, any such rules, regulation,policy, resolution, or ordinance proposed, adopted, or
promulgated by the City. Further, the Company shall comply with the following:
A. The Company's use of the Right-of-Way shall in all matters be subordinate to the City's
use of the Right-of-Way for any public purpose. The Company shall coordinate the installation of its
Facilities in the Right-of-Way in a manner which minimizes adverse impact on Public Improvements,
as reasonably determined by the City. Where installation is not otherwise regulated, the Facilities
shall be placed with adequate clearance from such Public Improvements so as not to conflict with
such Public Improvement.
B. All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or
improvements of any kind located within the Right-of-Way damaged or removed by the Company in
its activities under this Franchise shall be fully repaired or replaced promptly by the Company without
cost to the City; provided, however, that when such activity is a joint project of utilities or franchise
holders, the expenses thereof shall be prorated among the participants. All repairs and replacements
under this section shall be made to the reasonable satisfaction of the City in accordance with the
ordinances and regulations of the City pertaining thereto. Nothing in this Franchise shall require the
Company to repair or replace any materials, trees, flowers, shrubs, landscaping or structures located
in a Utility Easement that interfere with the Company's access to any of its Facilities.
LC. Except in the event of an emergency, as reasonably determined by the Company, the
Company shall comply with all laws, rules, regulations, policies, resolutions, or ordinances now or
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hereinafter adopted or promulgated by the City relating to any construction,reconstruction,repair, or
relocation of Facilities which would require any street closure which reduces traffic flow.
W Notwithstanding the foregoing exception, all work, including emergency work performed in the
traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed,
barricaded, and otherwise protected in conformance with the latest edition of the Manual of Uniform
Traffic Control Devices, unless otherwise agreed to by the City.
D. The Company shall cooperate promptly and fully with the City and take all reasonable
measures necessary to provide accurate and complete information regarding the location of its
Facilities located within the Right-of-Way when requested by the City or its authorized agents for a
Public Project. Such location and identification shall be promptly communicated in writing to the
City without cost to the City, its employees, agents, or authorized contractors. The Company shall
designate and maintain an agent, familiar with the Facilities, who is responsible for providing timely
information needed by the City for the design and replacement of Facilities in the Right-of-Way
during and for the design of Public Improvements. At the request and sole expense of the Company,
the City may include design for Facilities in the design of Public Projects. Also, at the request of the
Company,the City and/or its contractor(s)or agent(s)shall provide accurate and timely field locations
of proposed Public Projects in the event the Company is required to install or relocate its Facilities.
E. The Company shall promptly locate, remove, relocate, or adjust any Facilities located
in the Right-of-Way if reasonably necessary and requested by the City for a Public Project. Such
location, removal, relocation, or adjustment for a particular Public Project shall be performed by the
Company without expense to the City, its employees, agents, or authorized contractors, and shall be
specifically subject to rules and regulations of the City pertaining to such. If additional location,
removal, relocation, or adjustment becomes necessary as a result of the inaccurate or mistaken
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information of the Company, the Company shall be responsible for costs associated with location,
removal, relocation, or adjustment, without expense to the City. Likewise, if additional location,
removal, relocations or adjustment becomes necessary as a result of inaccurate or mistaken
information of the City,the City shall reimburse the Company for any additional expense necessarily
incurred by the Company directly due to such inaccurate or mistaken information. The Company
acknowledges its policy and practice of sometimes acquiring easements within preexisting Right-of-
Way as a precaution in the event of future vacation of the Right-of-Way. The Company's obligations
under this Section 6.E shall include Facilities located within any easement acquired by the Company
within preexisting Right-of-Way.
F. The Company shall not be responsible for the expenses of relocation to accommodate
any new Public Project for Private Development initiated after the effective date of this Franchise
Ordinance. The expenses attributable to such a project shall be the responsibility of the third (3rd)
party upon the request and appropriate documentation of the Company. Before such expenses may
be billed to the third (3rd) party, the Company shall be required to coordinate with the third (3rd)
party and the City on the design and construction to ensure that the work required is necessary and
done in a cost-effective manner. The Company may require payment in advance of estimated costs
or relocation prior to undertaking any work required to accommodate any new Public Project for
Private Development initiated after the effective date of this Franchise Ordinance.
G. The City may continue to provide a location in the Right-of-Way for the Company's
Facilities as part of a Public Project, provided that the Company has cooperated promptly and fully
with the City in the design of its Facilities as part of the Public Project.
H. It shall be the responsibility of the Company to take adequate measures to protect and
defend its Facilities in the Right-of-Way from harm or damage. If the Company fails to accurately
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locate Facilities when requested, it shall have no claim for costs or damages against the City. The
Company shall be responsible to the City and its agents, representatives, and authorized contractors
for all damages including, but not limited to, delay damages, repair costs, down time, construction
delays, penalties or other expenses of any kind arising out of the failure of the Company to perform
any of its obligations under this Franchise Ordinance. The above general provisions notwithstanding,
the City and its authorized contractors shall take reasonable precautionary measures including calling
for utility locations through Kansas One Call and exercising due caution when working near the
Company's Facilities.
I. All technical standards governing construction,reconstruction, installation, operation,
testing,use,maintenance,and dismantling of the Facilities in the Right-of-Way shall be in accordance
with applicable present and future federal, state, and City laws and regulations, including but not
limited to the most recent standards of the Kansas Corporation Commission and U.S. Department of
Transportation. It is understood that the standards established in this paragraph are minimum
standards and the requirements established or referenced in this Franchise may be additional to or
stricter than such minimum standards.
J. The City encourages the conservation of the Right-of-Way by the sharing of space by
all utilities. Notwithstanding provisions of this Franchise Ordinance prohibiting third(3rd)party use,
to the extent required by federal or state law, the Company will permit any other franchised entity by
an appropriate grant,or a contract, or agreement negotiated by the parties,to use any and all Facilities
constructed or erected by the Company.
K. Permission is hereby granted to the Company to trim trees upon and overhanging the
Right-of-Way. The Company shall perform line clearance work in accordance with regulations
established under OSHA 29 CFR 1910.269. All pruning operations shall be performed by personnel
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qualified to perform the work and in accordance with the latest versions of ANSI Z133.1 (Safety
Requirements for Pruning, Repairing, Maintaining and Removing Trees, and Cutting Brush) and
ANSI A300 (Part 1) (Standard Practices for Tree, Shrub, and Other Woody Plant Maintenance). For
routine trimming operations, customers shall be contacted at least one (1) week in advance by either
personal contact or by informational door hanger.
SECTION 7. INDEMNITY AND HOLD HARMLESS.
The Company shall indemnify and hold and save the City, its officers, employees,agents,and
authorized contractors, harmless from and against all claims, damages, expense, liability, and costs
including reasonable attorney fees, to the extent occasioned in any manner by the Company's
occupancy of the Right-of-Way. In the event a claim shall be made or an action shall be instituted
against the City growing out of such occupancy of the Right-of-Way by the Company or any
Facilities,then upon notice by the City to the Company, the Company shall assume responsibility for
the defense of such actions at the cost of the Company, subject to the option of the City to appear and
defend.
SECTION 8. INSURANCE REQUIREMENTS.
A. General Requirements.
(1) During the term of this Franchise Ordinance, the Company agrees to maintain
insurance coverage as specified in this Section or, at the Company's election, self-
insure to the extent of the insurance requirements of this Franchise Ordinance. In the
event the Company hires any subcontractors, independent contractors or agents
("Secondary Parties") to locate, place, attach, install, operate, use, control, replace,
repair or maintain Facilities, the Company shall require the Secondary Parties to
maintain insurance commensurate to the work such Secondary Parties perform.Failure
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of the Company or its Secondary Parties to comply with these requirements shall not
be construed as a waiver of these requirements or provisions and shall not relieve the
Company of liability.
(2) All insurance policies shall be issued by insurance companies rated no less than A-
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VII in the most recent"Bests"insurance guide,and admitted or licensed to do business
in the State of Kansas, or such other legally applicable jurisdiction. Except as
otherwise specified in Section 8(B), all such policies shall be in such form and contain
such provisions as are generally considered standard for the type of insurance
involved.
(3) The Company shall furnish the City with certificates of insurance required by this
Section. The certificates for each insurance policy are to be signed by a person, either
manually or electronically, authorized by that insurer to bind coverage on its behalf
(4) With the exception of the workers' compensation policy to be obtained by the
Company hereunder, all policies shall name the City, its agents, representatives,
officers,officials,and employees as additional insured(s). Insurance for the additional
insured shall extend to Products/Completed Operations and be as broad as the
insurance for the named insured, including defense expense coverage. With respect
to any indemnification obligation assumed by the Company hereunder, all policies
other than the workers' compensation policy shall be primary as respects any other
valid or collectible insurance that the Company may possess, including any
self-insured retentions the Company may have; and any other insurance the City does
possess shall be considered excess insurance only and shall not be required to
contribute with the Company's insurance with respect to any indemnification
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obligation assumed by the Company hereunder.
(5) If coverage is written on a claims-made basis for any of the policies required by this
w Franchise Ordinance,the Company must maintain the coverage for a minimum of two
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(2) years from the date of final completion of all operations under this Franchise
Ordinance.
(6) The Company shall be responsible for all premiums and retention or deductible
expense for any and all policies required by this Franchise Ordinance.
B. Specific Coverage Requirements.
(1) The Company shall maintain Commercial General Liability coverage written on ISO
Occurrence form CG00 01 or an industry equivalent,which shall cover liability arising
from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Products and Completed Operations, Contractual Liability, Independent Contractors
and Advertising Injury. The policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
The Company shall maintain the Products and Completed Operations liability
coverage for a period of at least two (2) years after completion of all operations under
this Franchise Ordinance.
(2) The Company shall maintain Business Automobile Liability coverage written on ISO
form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos
and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Company and include automobiles not owned by but used on
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behalf of the Company. The policy limits shall not be less than $1,000,000 combined
single limit.
(3) The Company shall maintain workers' compensation and employer's liability coverage
with policy limits not less than the following:
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• Workers' Compensation (Coverage Part A)
o Statutory limit
o Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease—policy limit
o $100,000 disease—each employee
SECTION 9. RIGHT OF ASSIGNMENT.
This Franchise shall be assignable only in accordance with the laws of the State of Kansas, as
the same may exist at the time when any assignment is made; provided, however, that the Franchise
may be assigned by the Company without action by the City to any entity which succeeds to all or
substantially all of the electric utility business of the Company; provided further,however,that in the
event that the Company is no longer required to obtain the approval of the Kansas Corporation
Commission for an assignment, such assignment shall be subject to the consent of the City, which
consent shall not be unreasonably withheld. In the event of an assignment to a successor that has been
documented by a written assumption of the Franchise executed by the successor, the Company shall
be released from all obligations which are assumed in writing by such successor.
SECTION 10. TERMINATION AND FORFEITURE OF FRANCHISE.
A. In addition to all other rights and powers retained by the City under this Franchise
Ordinance, the City reserves the right to terminate the Franchise and all rights and privileges of the
Company hereunder, in the event of a material failure on the part of the Company, its successors or
assigns, to comply with any of the provisions of this Franchise Ordinance, or if the Company, its
successors or assigns, should do or cause to be done any material act or thing prohibited by or in
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violation of the terms of this Franchise Ordinance. In such event, the Company, its successors and
assigns, shall forfeit all rights and privileges granted by this Franchise Ordinance and all rights
Q_ hereunder shall cease,terminate and become null and void,provided that said forfeiture shall not take
effect until the City shall carry out the following proceedings:
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(i) Before the City terminates the Franchise, it shall first mail to the Company
written notice setting forth in detail the neglect or failure of the Company.
(ii) The Company shall have sixty(60)calendar days thereafter in which to comply
with the conditions of this Franchise Ordinance.
(iii) If, at the end of such sixty (60) day period, the City determines that the
Company has not complied with the conditions of this Franchise Ordinance and the Franchise is
subject to termination for that reason, the City, in order to terminate the Franchise, shall enact an
ordinance setting out the grounds upon which the Franchise is to be terminated (the "Termination
Ordinance").
(iv) If, within thirty (30) calendar days after the effective date of the Termination
Ordinance, the Company has not filed an action in the Saline County District Court seeking the
determination of whether the Company has violated the terms of this Franchise Ordinance and that
the Franchise is subject to termination for that reason, the Franchise shall be terminated as of thirty
(30) days following the effective date of the Termination Ordinance.
(v) If within thirty(30)days after the effective date of the Termination Ordinance,
the Company does file an action to determine whether the Company has violated the terms of this
Franchise Ordinance and that the Franchise is subject to termination for that reason, and the court
rules that the Franchise is subject to termination by reason of the violation of its terms, the Franchise
shall terminate thirty (30) calendar days after such final judgment is rendered.
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B. The failure of the Company to comply with any of the provisions of this Franchise
Ordinance or the doing or causing to be done by the Company of anything prohibited by or in violation
w of the terms of this Franchise Ordinance shall not be a ground for the termination of the Franchise
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when such act or omission on the part of the Company is due to any cause or delay beyond the control
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of the Company, its successors and assigns, or bona fide legal proceedings.
SECTION 11. DUTIES OF COMPANY UPON EXPIRATION.
Upon expiration of the Franchise, whether by lapse of time, by agreement between the
Company and the City, or by forfeiture, then, at the request of the City, it shall be the duty of the
Company to remove the Facilities and, immediately upon such removal, to restore the Right-of-Way
and grounds from which the Facilities are removed to as good condition as existed before the removal.
SECTION 12. POINT OF CONTACT AND NOTICES.
The Company shall at all times maintain with the City a local point of contact who shall be
available at all times to act on behalf of Company in the event of an emergency. The Company shall
provide the City with said local contact's name, address, telephone number, fax number and e-mail
address. Emergency notice by either party to the other may be made by telephone to the City's
designee as listed below. All other notices between the parties shall be in writing and shall be made
by personal delivery,depositing such notice in the U.S. Mail,Certified Mail(return receipt requested).
Any notice served by U.S. Mail or Certified Mail(return receipt requested)shall be deemed delivered
upon actual receipt unless otherwise provided. Other than emergencies, notices to the parties shall
be to the following:
The City: Company:
The City of Salina Evergy Kansas Central, Inc.
Attn: City Clerk Attn:
PO Box 736
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Salina, Kansas 67402-0736 Phone:
Email:
Phone: (785) 309-5735
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R Emergency Contact Information:
Emergency Designee: Emergency Designee:
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Emergency Contact No.: Emergency Contact No.:
Emergency Email: Emergency Email:
(or to replacement addresses that may be later designated in writing).
SECTION 13. NON-WAIVER PROVISION
The failure of either party to insist in any one or more instances upon the strict performance
of any one or more of the terms or provisions of this Franchise Ordinance shall not be construed as a
waiver or relinquishment for the future of any such term or provision, and the same shall continue in
full force and in effect. No waiver or relinquishment shall be deemed to have been made by either
party unless the waiver or relinquishment is in writing and signed by the parties.
SECTION 14. CONDITIONS OF FRANCHISE.
This non-exclusive franchise,grant,and privilege is granted under and subject to all applicable
laws and under and subject to all of the orders, rules, and regulations now or hereafter adopted by
governmental bodies now or hereafter having jurisdiction.
SECTION 15. INVALIDITY OF ORDINANCE.
If any clause, sentence, or section of this Franchise Ordinance shall be held to be invalid by a
court of competent jurisdiction, it shall not affect the remaining provisions of this Franchise
Ordinance.
SECTION 16. RESERVATION OF RIGHTS.
A. In granting its consent hereunder,the City does not in any manner waive its regulatory
or other rights and powers under and by virtue of the laws of the State of Kansas as the same may be
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111 amended, applicable federal laws or regulations as the same may be amended, its home rule powers
under the Constitution of the State of Kansas, nor any of its rights and powers under or by virtue of
W present or future ordinances of the City.
B. In adopting and passing this Franchise Ordinance, neither the City's nor the
Company's present or future legal rights, positions, claims, assertions or arguments before any
administrative agency or court of law are in any way prejudiced or waived. By the City's adopting
and passing this Franchise Ordinance and the Company's acceptance hereof, neither the City nor the
Company waive any rights, but instead expressly reserve any and all rights, remedies, and arguments
the City or the Company may have at law or equity, without limitation, to argue, assert, and/or take
any position as to the legality or appropriateness of any present or future laws, non-franchise
ordinances and/or rulings.
SECTION 17. REPEAL OF CONFLICTING ORDINANCES.
Ordinance No. 05-10292,which heretofore granted a non-exclusive franchise to the Company,
and which became a contract between the City and the Company in accordance with its terms, as
amended by Ordinance No. 15-10802, and all other ordinances and resolutions or parts thereof
inconsistent or in conflict with the terms hereof, are hereby canceled, annulled, repealed, and set
aside.
SECTION 18. ACCEPTANCE; EFFECTIVE DATE.
A. The Company shall have thirty (30) days after the final passage and approval of this
Franchise Ordinance to file with the City Clerk its acceptance, in writing, of the provisions,terms and
conditions of this Franchise Ordinance; and when so accepted, this Franchise Ordinance and
acceptance shall constitute a contract between the City and the Company subject to the provisions of
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the laws of the state of Kansas, and such contract shall be deemed effective on the date of publication
pursuant to Subsection 18(B) below.
B. Upon receipt of the Company's written acceptance of this Franchise Ordinance, the
City Clerk is directed to publish a summary of this Franchise Ordinance in the Salina Journal in the
8 following format:
Ordinance No. 23-11173 Summary
On September 25, 2023, the City of Salina, Kansas, passed Ordinance No. 23-11173.
The ordinance grants to Evergy Kansas Central, Inc., and its successors and assigns,
an electric franchise, prescribes a franchise fee, prescribes the terms and conditions
for use of the public right-of-way, and prescribes various other terms and conditions
of the franchise. A complete copy of the ordinance is available at www.salina-ks.gov
or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is
certified by the city attorney.
C. This Franchise Ordinance shall take effect and be in full force from and after its
passage by the governing body,receipt of the Company's written acceptance of terms,and publication
of a summary thereof in the official newspaper of the City.
PASSED, ADOPTED AND APPROVED this 25th day of September, 2023.
CITY OF SALINA, KANSAS
[seal]
Ami
Michael L. Hoppock
ATTEST:
fir
Nikki Goding, City Clerk
Certification of Publication Summary:
1dir
Gr- • . Bengtsf, City Attorney
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