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6982 Electric Franchisei 1 1 7� ORDINANCE NO. 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. 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, hereinafter sometimes des- ignated as "Company", said Company being a Kansas corporation operating a system for the transmission of electric current between two or more in- corporated 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, privile e and authority for a period of twenty (20) years from the day of , 19 to occupy and use the several streets, avenue—Ts,-"alleys, idges, parks, arkings, and public places of said City for the placing and maintaining of pipe lines 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 natural gas 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 of Salina , Kansas, two percent (2%) of its gross revenue from the sale of natural gas during the term of this franchise to all consumers within the corporate limits of the said City. Such payment shall be made monthly for the preceding monthly period after the effective date of this franchise. In event Company shall hereafter agree to pay any other city supplied with natural gas 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 all mains, services and pipe which shall be laid or installed under this grant shall be so located and laid as not to ob- struct or interfere with any water pipes, drains, sewers or other structure already installed. Section 4. Company shall, in the doing of any 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 repre- sentatives of the City replace such paving or surface in substantially as good condition as before said work was commenced. 0/12-824/G/CM/l 1 -2- Section 5. It is recognized that the natural gas to be delivered hereunder is to be supplied from a pipe line 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 pipe lines are reasonably cap- able of supplying. Section 6. That Company, its successors and assigns, in the con- struction, 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 or 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 the 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 City of Salina , Kansas, and The Kansas Power and Light Company, its successors and assigns, after its passage, approval and publication as required by law, and acceptance by said Company. Section 9. This franchise is granted pursuant to the provisions of K. S. A. 12-8211. Section 10. That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed. Passed and approved this day of , 190_. Attest: -11 City Clerk _-� yor 0/12-824/G/CM/2 CONSOLIDATED-SALINA 1 1 "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 a natural gas franchise to The Kansas Power and Light Company, said ordinance being in form as follows: ORDINANCE NO. Zi 7 PY' 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. BE IT ORDAINED BY THE GOV:;_,;RNING 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, hereinafter sometimes designated as "Company", said Company being a Kansas 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 day of , 19 , to occupy and use the sev- eral streets, avenues, alleys, bridges, parks, parkings, and public places of said City for the placing and maintaining of pipe lines 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 natural gas 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 of Salina , Kansas, two percent (2%) of its gross revenue from the sale of natural gas during the term of this franchise to all consumers within the corporate limits of the said City. Such payment shall be made monthly for the preceding monthly period after the effective date of this franchise. In event Company shall hereafter agree to pay any other city supplied with natural gas by Company, any per- centage 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 -8 2h/G/CM/1 CONSOLIDATED-SALINA 1 1 -2- 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 structure already installed. Section 4. Company shall, in the doing of any work in con- nection 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 dis- turbs the surface of a street, alley, avenue or other public thoroughfare, it shall at its own expense and in a manner satis- factory 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 from a pipe line system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter pro- vided, does obligate itself to furnish natural gas in such quan- tity and for such length of time, limited by the terms hereof, as the said sources and said pipe lines 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 or 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 the 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 be- tween the City of Salina , Kansas, and The Kansas Power and Light Company, its successors and assigns, after its passage, approval and publication as required by law, and acceptance by said Company. Section 9. This franchise is granted pursuant to the provisions of K. S. A. 12-824. N/12-824/G/CM/2 CONSOLIDATED-SALINA li I -3- Section 10. That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed. Passed and approved this day of , 19 . May4 U Attest: City Clerk This notice executed at the City of , Kansas, this Ij— day of-1.,,-��...i , 196�7. Mayo I I ' N/12-824/G/CM/3 CONSOLIDATED-SALINA F1 1 1 MINUTES OF THE ?�LFTItiG OF THE GOVERNING BODY OF T,� CITY OF 7SALINA , KANSAS The Mayor and Commissioners of the City of Salina Kansas, met at the city budding in the City of SZ77 .,:1 Kansas, at //-� o'clock j1) .M., on the I �- day of - i,,, , 19_,,j_, the same being a public meeting of the City Co fmis:.' on. The presents C presided. The following Commissioners urere 6 n-- , /., I Vii' _ .i i - . ' (I Thereupon, Commissioner �� (, introduced an ordinance providing for the granting of a natural gas franchise to The Kansas Power and Light Company and moved that the same be p eed on first reading. Said motion was seconded by Commissioner �� and, upon vote, carried. The Ordinance was given the number(�1._•and placed on first reading and was read and considered by sections. Thereupon, Commissioner L to -,2 � . moved that said Ordinance be placed on second re ding. Said motion having been duly seconded, upon vote, carried. Said ordinance was read and considered by sections on second reading. Thereupon, the Mayor stated to the meeting that Pursuant to the provisions of K. S. A. 12-824 it is necessary that notice of 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 moved that notice of the proposition to grant the franchise, heretofore introduced, be given in accordance with the provisions of K. S. A. 12-824, and that said notice should be in form substantially as follows: "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 a natural gas franchise to The Kansas Power and Light Company, said ordinance being in form as follows: M1/12-824/G/C!4/1 CONSOLIDATED-SALINA -2- ORDINANCE NO. AN ORDINANCE granting to The Kansas Power and Light Company, a Kansas corporation, its successors and assigns, a natural Tas franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsi6tent with or conflicting with the terms thereof. AE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALIN4 , 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, hereinafter sometimes designated as "Company", said Company being a Kansas 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 day of , 19 , to occupy and use the sev- eral streets, avenues, al eys, brTd­ges, parks, parking:, and public places of said City for the placing and maintaining of pipe lines 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 natural gas 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 of SP -1 inn Kansass two percent (2%) of its gross revenue from the sole of natural gas during the term of this franchise to all consumers within the corporate limits of the said City. Such paymant shall be made monthly for the preceding, monthly period after the effective date of this franchise. In event Company shall hereafter agree to pay any other city supplied with natural gas by Company, any per- centage 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 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 structure already installed. M1/12-824/G/CM/2 1 CONSOLIDATED-SALINA r J -3- Section 4. Company shall, in the doing of any work in con- nection 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 dis- turbs the surface of a street, alley, avenue or other public thoroughfare, it shall at its own expense and in a manner satis- factory to the duly authorized representatives of the City replace such paving or surface in substantially as good condition as 1-efore said work was commenced. Section 5. It is recognized that the natural rias to he delivered hereunder is to be supplied from a pipe line system transporting natural ;as from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter pro- vided, does obligate itself to furnish natural ,as in such quan- tity and for such length of time, limited by the terms heraof, as the said sources and said pipe lines are reasonably capable of supplying. Section 6, Vat 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 a�d property, and shall hold and m save harmless the City of ala Kansas, from any and all damage, injury or expense caused by the sole negligence of said Company, its suceejsors 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 ordigaaife Company shall file with the City Clerk of the City of , Kansas, its unconditioned written acceptance of this ordinance. Section 8. That this ordinance shall become effective and be in force and s�ke and become a binding contract be- tween the City of , Kansas, and The Kansas Power and Light Company, its successors and assigns, after its passage, approval and publication as required by law, and acceptance by said Company. Section 9. This franchise is granted pursuant to the provisions of K. S. A. 12-821. Section 10. That any and all ordinances or parts of ordinances In conflict with the terms hereof are hereby repealed. Attests City Clerk i,_iayor Ml/12-824/G/CM/3 CONSOLIDATED-SALINA 1 -4- Said motion was seconded by ComMissioner and, upon vote, carried. Thereupon, Commissioner moved that the above notice be published in the ,:t .: / ne4asnaoer for a period of twenty days. Said motion eras /seconded by Commissioner and, upon vote, carried. There beim; no further business to come before the meeting, upon motion duly made, seconded and carried, the meeting was adjourned. Ml/12-824/a/CM/4