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6981 Electric Franchise1 1 ....(. Z.: �"'l.�yYW--C'C 'Cr eR�� c•a..L-'.�,.� � t,,.°'2..�..t; �' �`7 / ORDINANCE NO. �ff/ AN ORDINANCE, granting to The Kansas Power and Light Company, a Kansas corporation, its successors and assigns, an electric franchise, pre -scribing 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 The Kansas Power and Light Company, a Kansas corporation, herein- after 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 day of 19, 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 all sales of electric energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period. In event Company shall hereafter agree to pay any other city supolied with electricity by Company, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percentage to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percentage shall be effective from and after the next payment date following said request by the City. Section 3. That the 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 or 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 4. That within sixty (60) days from and after the pas- sage 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. 0/12-824/E/cM/1 1 E -2- Section 5. That any and all 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, ap- proval, publication as required by law, and acceptance by Company. Section 7. This franchise is granted pursuant to the provisions of K. S. A. 12-824. Passed and approved this day of ,�, 19. Attest: City Clerk ,• 7 % . ., yor 0/12-824/E/CM/2 fl ACCEPTANCE OF FRANCHISE ORDINANCE To the Governing Body of the City of _ Salina—_�___, ,___salin„_______ County, Kansas. The Kansas Power and Light Company, for itself, its suc- cessors and assigns, hereby accepts in writing the Ordinance and all rights and privileges therein granted, passed by the Govern- ing Body of the City of _Mina ___ , Kansas on the 1'7_ day of— Y_ , 19,L,, designated as Ordinance No. ag,�,l entitlad___ AN ORDINANCE, granting to The Kansas Power and Light Company, 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. This acceptance is executed and filed as provided in Section I_ of said Ordinance, and said Company hereby agrees to all tFie terms and conditions of said Ordinance. Dated at Topeka, Kansas, this L__ day of 194. The Kansas Power and Light Company By ✓�� - --------- -P s ent Attest: — Sacre ry -- _- State of Kansas County of — Sal;nP _ --- ss. n City of Sai;a Z-) - i City Clerk of the City of _ �,�__—__, Kansas, do hereby certify that the foregoing is a true and correct copy of acceptance of Ordinance No. L221__, of the City of Z�I_ na_—__w___as therein described, the original of which acceptance was filed he office of the Clerk of the said City on the /c day of , 19 L i, and is now recorded among the original recon s tie eof, and tFiat I am the keeper of the same. Witness my and and the offic'al seal of said City this %sD _ day of City -Clerk (Seal) CbNSOLIDATED-SALINA LJ I NOTICE Notice is hereby given to the legal electors of the City of Salina , Kansas, that the governing body of said city proposes to pass an ordinance granting an electric franchise to The Kansas Power and Light Company, said ordinance being in form as follows: ORDINA ,?CE NO. AN ORDINANCE, granting to The Kansas Power and Light Company, 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 The Kansas Power and Light Company, a Kansas corporation, herein- after 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 day of , 19 , 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 all sales of electric energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period. In event Company shall hereafter agree to pay any other city supplied with electricity by Company, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percentage to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percentage shall be effective from and after the next payment date following said request by the City. N/12-824/E/CM/1 CONSOLIDATED-SALINA -2- I Section 3. That the 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 or 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 4. That within sixty (60) days from and after the pas- sage 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 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, ap- proval, publication as required by law, and acceptance by Company. Section 7. This franchise is granted pursuant to the provisions of K. S. A. 12-821. Passed and approved this day of , 19 I ayo Attest: II � 14C Vk City Clerk I ' This notice executedt the City of, , Kansas, this IJ day of L -c , 19 e ayo / i N 12-8211 E CM 2 CONSOLIDATED -SALIVA 1 1 1 MINUTES OF T:i^ 17771 IG OF THE GOVEP.NING pr)DY OF T[Fc' CITY OF SALINA t KANSAS The Mayor and Commissioners of the City of Salina , Kansas met at the,jity building in the City of Salina , Kansas, att1_!C.10 oIclock _.M., on the % 1 day of<<r. , 19, the same being a public meeting of the City 4omm ission. '— !sided. The following Commissioners were presents sided. Mayor pr ommissioner % - �_� ' was absent. Thereupon, Commissioners -ti, introduced an ordinance providing for the grantin- of an electric franchise to The Kansas Power and Light Company and moved that the same be placed on first reading. Said motion was seconded by Commissioner and, upon vote, carried. The ordinance was given number( /%/ and placed on first reading and was read and considered by section. Thoreupon, Commissioner 61 CL 6- moved that said Ordinance be placed on second reading. Said motion having been duly seconded, upon vote, carried. Said ordinance was read and considered by sections on second re:3ding. Thereupon, the Mayor stated to the meeting that pursuant to the provisions of K. S. A. 12-824, it is necessary that notice oj' the proposition to pass such ordinance must be given for twenty days by publication in a newspaper of general circulation in the City. Thereupon, Commissioner LLz�ct moved that notice of the proposition to grant the franchise, heretofore introduced, be given in accordance with the provisions of K. S. A. 12-82h and that said notice should be in form substantially as follows: "NOTICE" Notice is hereby given to the le -al electors of the City of Salina , Kansas, that the governing body of said city proposes to pass an ordinance granting an electric franchise to The Kansas Power and Light Company, said ordinance being in form as follows: ORDINANCE N0, AN ORDINANCE, granting to The Kansas Power and Light Company, 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. ML/12-6211/W/C1,/1 1 1 1 ACCEPTANCE OF FRANCHISE ORDINANCE To the Governing Body of the City of _ Salina --- Saline ------- County, Kansas. The Kansas Power and Light Company, for itself, its suc- cessors and assigns, hereby accepts in writing the Ordinance and all rights and privileges therein granted, passed by the Govern- ing Body f the City of ��e_ , Kansas on the �_ day of . -�----- 19�, designated as Ordinance No. 6982_ entitled : 'AN ORDINANCE granting to The Kansas Power and Light Company, 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 conflicting with the terms thereof. This acceptance is executed and filed as provided in Section r_ of said Ordinance, and said Company hereby agrees to all tnie terms and conditions of said Ordinance. Dated at Topeka, Kansas, this day of 19�. % —. —" The Kansas Power and Light Company By t- ----------- - Attest: Secret y State of Kansas County of -`Saline ss. City of -Salina y,___d___—__, City Clerk of the City of Kansas, o hereby certify that the foregoing is a true and correct copy of acceptance of Ordinance No. _Egg? —, of the City of -aa1ixia--___.___-as therein described, the original of which acceptance was filed it e office o the Clerk of the said City on the �O day of , 19 .40 and is now recorded among the original recor s tni`e eof, and tfit I am the keeper of the same. Witness my nq and the offic'aI seal of said City this _�(Q _ day of 19 ��� (Seal) — ` City Clerk_--" CONSOLIDATED-SALINA -2- BE IT OR?JAINED BY THF GOV-RNING BODY OF TH:� CITY OFSAY,SP1lt , K/li:;i!`,S. Section 1. That in consideration of the benefits to be derived by the City of Salina , Kansas, and its inhabitants, there is horeby -ranted The Kansas Power and Light Company, a Kansas corporation, herein- after sometimoz desi-nated as "Coy.^any", said Company nein; a corporation operating a system, for the transmission of electric current hetwcen two or more incorporated cities in the State of Xansas, into and throuF;h W:ich It has built transmission lines, the ri-ht, privile~u, and authority for a period of twenty (20) years from the day of , 19.1 to occupy and use the several streets, avenues, alleys, parkin,rs, and public places of said City,for the placing and maintaining of equipment and property necessary to carry on the business of scilin- and distributing electricity for all nurnoses to the City of S, -.Tina , Kwnoas, 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 5. That any and all 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 nassa;=e, ap- proval, publication as required by law, and acceptance by Company. n/12-82h/E/CM/2 1 Section 2. As further consideration for the granting of this franchise, and in lieu of any city occupation, license or revenuo tax -s' the Company shall pay to the City during the term of this franchise three percent (3%) of its gross revenue from all sales of electric energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period. In event Company shall hereafter a^;ree to pay any other city supplied with electricity by Company, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percentage to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percentage shall b� effective from and after the next payment date following said request by the City. i i j Section 3. That the Company, its successors and assi-;ns, 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 or property, and shall holo and save harmless the City of Salina , Kansas, from, any i and all damage Injury and expense caused b he so 7 � � y p y t le negli,erce of said j Company, its successors and assigns, or its or their agents or servants. Section 4, That within sixty (60) days from and after the pas- sage 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 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 nassa;=e, ap- proval, publication as required by law, and acceptance by Company. n/12-82h/E/CM/2 1 CONSOLIDATED—SALINA 1 1 1 r� c Soction 7. This franchise is granted pursuant to the provisio,s of K. S. A. 12-824. Passed and approved V,,is day of 1.9 Attest: City Clerk Xayor Said motion was seconded by Commissioner C-r';�rc ,and, upon vote, carried. Thereupon, Commissioner�. C.(" A_-(" l r, moved that the above notice be published in theme_.c•..- /� ti,. , newspaper for a period of twenty days. Said motion was beconded by Co�Tmissioner —-�� (; , and, upon vote, carried. There being no furth-r business to come before the meeting, upon motion duly made, seconded and carried, the meeting was adjourned. Ml/l2-824A/C,1,-/3