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95-9697 DS&O FranchiseORDINANCE NUMBER 95-9697 AN ORDINANCE GRANTING TO D. S. & O. RURAL ELECTRIC OOPERATIVE ASSOCIATION, INC., A KANSAS CORPORATION, ITS SUCCESSORS ND ASSIGNS, AN ELECTRIC FRANCHISE, PRESCRIBING THE TERMS THEREOF ND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF RDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS 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, �- ansas, and its inhabitants, there is hereby granted to D. S. & O. Rural Electric Cooperative ssociation, Inc., a Kansas Corporation, hereinafter sometimes designated as "Company", said ompany being a corporation operating a system for the sale and distribution of electricity, the right, rivilege, and authority for a period, commencing as provided in Section 6 of this ordinance and lnding May 31, 2006, to occupy and use the several streets, avenues, alleys, bridges, parks, arkings, and public places of said City, for the placing and maintaining of equipment and property ecessary to carry on the business of selling and distributing electricity for all purposes to the City of alina, Kansas, and its inhabitants, and through said City and beyond the limits thereof; to obtain id electricity from any source available; and to do all things necessary or proper to carry on said usiness in the City of Salina, Kansas. Section 2. As further consideration for the granting of this franchise, and in lieu of any occupation license, or revenue taxes, the Company shall pay to the City, during the term of this -hise, three percent (3%) of its gross revenue from the sale of electric energy within the orate limits of said City, such payment to be made monthly for the preceding monthly period. Section 3. That Company, its successors and assigns, in the construction, mintenance, and operation of its electric transmission, distribution and street lighting system, shall se all reasonable and proper precaution to avoid damage or injury to persons and property, and gall hold and save harmless the City of Salina, Kansas, from any and all damage, injury and expense aused by the sole negligence of said Company, its successors and assigns, or its and their agents or Section 4. That within sixty (60) days from and after the passage and approval of this rdinance, said Company shall file with the City Clerk of said City of Salina, Kansas, its --i nconditioned written acceptance of this ordinance. Section 5. That any and all ordinances or parts of ordinances in conflict with the terms ereof are hereby repealed. Section 6. That this ordinance shall become effective and be in force and shall be and ;ome a binding contract between the parties hereto, their successors and assigns, from and after passage, approval and publication as required by law, and acceptance by said Company. Section 7. That this ordinance, when accepted as above provided, shall constitute the agreement between the City and the Company relating to this franchise and the same shall -de and cancel any prior understandings, agreements, or representations regarding the subject hereof, or involved in negotiations pertaining thereto, whether oral or written. Section 8. This franchise is granted pursuant to the provisions of K. S.A. 12-2001. First Reading: July 10, 1995 Second Reading: July 17, 1995 Third Reading: Not Passed 7/24/95 SEAL) ,TTEST D. Long, City Clerk John Divine, Mayor