5364 Electric & Gas Franchise! it
ORDINANCE NUIa1BER 5364
(First Published in the Salina Journal %�(�(,� 1949)
AN ORDINANCE, granting to the Kansas Power and Light Company, a Kansas corpora-
tion, its successors and assigns, an electric and natural gas 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.
WHEREAS, The Kansas Power and Light Company, a Kansas corporation, hereinafter
sometimes designated as "Company", owns and operates a system for the trans-
mission of electric current between two or more incorporated cities in the State
of Kansas, into -and through which it has built transmission lines, and owns and
is now operating a system for the distribution of electricity in the City of
Salina, Kansas, and
AHMEAS, the said Company also owns and operates a system for the transmission
of natural gas in the State of Kansas, and owns and is now operating a system
for the distribution of natural gas in the City of Salina, Kansas;
NOW THTREFCRE, BE IT ORMINED BY THE GOVERNING BODY of T}i'e', -_ITY of SALII\A, 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, its successors and assigns, the riTht, privilege and
authority for the period of twenty (20) years from the effective date of this
ordinance to occupy and use the several streets, avenues, alleys, bridges,
parks, parkings, and public places of said City, for the placing and maintain-
ing of electric and gas transmission and distribution lines and mains and
other equipment and property necessary to carry on the business of distribu-
ting and selling natural gas and 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 and natural gas from any source avail-
able; and to do all things necessary or proper to carry on said natural gas and
electric business in the Citir of Salina, Kansas.
Section 2. As a further consideration and as compensation for the granting
of this franchise, and in lieu of city occupation and licenses taxes, the com-
pany shall pay to the said City two percent (2/) of its gross revenue from the
sale of natural gas, and three percent (3f) of its gross revenue from the sale
of electricity, to all consumers within the limits of said City, which payments
shall be made annually as soon as possible after each anniversary of the effective
date of this franchise.. The said payments shall be accompanied by a statement
shovring the gross revenue of Company from the sale of natural gas and electricity
within the limits of the said City for the twelve month period covered by the
payments hereunder. In event Company shall hereafter agree to pay any other
City supplied with electricity and gas by Company, any percentages of gross
revenue in excess of the percentages herein provided, Company shall increase
the percentages to be paid to the City hereunder to the same percentages agreed
to be paid such other City.
Section 3. That the Company, its successors and assigns, in the construction,
maintenance, and operation of its electric and natural gas transmission and
distribution properties, shall use all reasonable and proper precaution to avoid
damage or injury to persons or property, and shall hold and save harmless to
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the City of Salina, Kansas, from any and all damage, injury and expense caused
by the negligence of Company, its successors and assigns, or its or their
agents or servants.
Section 4. All natural gas services, mains 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 5. Company shall, in the doing of any work in connection with
its said natural gas mains, pipes and services, avoid, so far as may be pract-
icable, interfering with the use of any street, avenue, alley or other public
thoroughfare, and where Company disturbs the surface of a street, allay, avenue
or other public thoroughfare, it shall at its own expense and in a manner
satisfactory to the duly authorized representatives of the City replace such
paving or surface in substantially as good condition as before such work was
commenced.
Section 6. It is recognized that the natural gas to be delivered here-
under is to be supplied from Companyts pipe line system transporting natural
gas from distant sources of supply; and the Compahy, 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 capable of supplying.
Section 7. The rates to be charged and exacted from the City of Salina,
and its inhabitants, and the rules and regulations with reference to the char-
acter, quality and standards of service to be furnished by said Company shall
be under the jurisdiction and control of such regulatory body, municipal or
otherwise, as may from time to time during; this grant be vested by law with
authority and jurisdiction thereover.
Section 8. That within sixty (60) days from and after the passage and
approval of this ordinance, Company shall file with the City Clerk of the Clity
of Salina., Kansas, its unconditioned written acceptance of this ordinance.
Section 9. That this ordinance shall become effective and be in force and
shall be and become a binding contract 9rretween 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 10. This franchise is granted pursuant to the provisions of Section
12-824 G. S. Kansas, 1935.
Section 11. That any and all ordinances or parts of ordinances in conflict
with the terms hereof are hereby repealed.
Passed and approved this 28th _ day of Larch 1949.
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