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