4975 Electric Franchise Agreement1
ORDNANCE NO. 4975 W
(Published in the Salina Journal ?�� 1940
AN ORDINANCE granting to The Kansas Power and Lisht Co-pany, a Kansas corporation,
its successors and assigns, the right to occupy and use the streets,
avenues, alleys, bridges, parks, parkings and other public places in the
City of Salina, Kansas, for the purpose of selling and distributing
electrical energv to the City of Salina, Kansas, and its inhabitants
and through said City and beyond the limits thereof, prescribing the
terms thereof and relating thereto, and rep6aling all ordinances or
pasts of ordinances inconsistent with or in conflict with the terms
j hereof.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. That in consideration of the benefits to be derived by the
City of Salina, Xansas, and its inhabitants, there is hereby granted to The Kansas
Power and Light Co-pany, a Kansas corporation, hereinafter sometimes designated
as Company, the ri_ht, privilege and authority, for a period of ten years, to
occupy and use the several streets, avenues, alleys, bridges, parks, parkings
and public places of said City, for the placing and maintaining of equ.ipzaent
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 electric
energy from any source available, and to do all thins necessary or proper to
carry on said business in the City of Salina, Kansas.
Section 2. In lieu of any special tax, assess_ent, license or rental
charge by the City during the terms of this ri,ht, and as a further consideration
for the right, the Company, its successors or assigns, shall pay annually on
July 1st to the City of Salina, Kansas, the sum of $5000.00.
Section 3. That the Co..pany, its successors and assigns, in the con-
struction, 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 or assigns, or its or
their agents or servants.
Section 4. That within thirty (30) days from and after the passage and
approval of this ordinance, said Coiapany shall file h -I th the City Clerk of said
City of Salina, Kansas, its unconditioned written acceptance of this ordinance.
Section 5. 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, approval and publication
as required by law and its acceptance as above -provided.
F99fjjf� t �a'
Introduced, April 1st, 1940
Passed, June 24, 1940
Attest:
Chas. E. Banker
�ity CTe-rV—
STATE OF KANSAS )
SS
COUNTY OF SALINE )
W. H. Ferm
Aging Mayor
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas. do hereby certify
that the above and fore,xoin�, is a true and correct copy of Ordinance No. 4975 passed
and approved by the Board of Commiss'oners of the City of Salina June 24, 1940; and
a record of the vote on its final adoption is found on page Journal No,
City Gler
ACCEPTANCE OF ORDINANCE NO. 4975:
To the governing body of the City of Salina, Saline County, Kansas
The Kansas Power and Light Company, for itself, its successors and assigns,
hereby accepts in writing, the Ordinance and all rights and privileges therein granted,
passed by the Governing Body of the City of Salina, Kansas, on the 24th day of June,
1940, and approved by the Acting mayor of said City on the 24th day of June, 1940,
designated as Ordinance No. 4975, and entitled:
AN ORDINANCE granting to The Kanwa.s Power and Light Company, a Kansas corporation,
its successors and assigns, the right to occupy and use the streets, avenues, alleys,
bridges, parks, parkings and other public places in the City of Salina, Kansas, for the
purpose of selling and distributing electrical energy to the City of Salina, Kansas, and
its inhabitants and through said City and beyond the limits thereof, 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 4 of said Urdinanee,
and said Company hereby agrees to all the terms and conditions of said Ordinance.
Dated at Topeka, State of Kansas, this 26th day of June, 1940.
THE KANSAS POWER AND LIGHT CO;y.PA T Y
By (Signed) D. E. Ackers
President
Attest:
(Signed) I. S. Stewart
Assistant Sec a ary
STATE OF KANdSAS )
COUNTY OF SALINE ) SS
CITY OF 3ALI?A )
I, Chas. E. Banker, City Clerk of the City of Salina, State of Kansas, do
hereby certify that the foreCoing is a true and correct cony of acceptance of
Ordinance No. 4975, of the City of Salina as therein described, the original of
v,;hich acceptance was filed in the office of the Clerk of said. City on the 26th day
of June 1940, and is now recorded among; the original records thereof, and that I am
the keeper of the same.
(SEAL)
1,11itness my hand and the official seal of said City this 26th day cf June, 1940.
Chas. E. banker
City Clerk
Filed in ;ry office this 26th day of June 1940.
Chas. E. Banker, City Clerk
(Published irl the Saline. Journal 1940')
N 4975
UR)L,�AsC1 v+�.
A N (,RDI ;'A_ -1('.E grant -Inc, to The Kansas Pourer and Li. 'rlt Col -parry, a Ka. lsas
c..crc,ora.ti_on, its successors and assigns, the ri„ ht. to occupy and
use -the streets, aTrenues, alleys, b.rid`-es, parks, T_)arkin-s arid.
other public places in the City of sal --iiia, Kansa:3, for the purpcse
of selling and distributing electrical erler-y to ti,e City of ;;ali_-!a.,
K: arias, and its inha.b_ta.:.ts a_-ici tlwour h s?.id Cit- 8.nn be;,rorid tie
liiaits thereof, prescribing .";te, tt=rips thel•eof and relating thereto,
ani repezilin • all ord.ileances or parts of ordinances inconsistent
with or ir_ conflict vvith theterms hereof.
r;' TT URDAI,'.�ED by the Board of Coi-�ni:,siotiers of the City of Sal'n,�, V,z;r,sas:
Section 1. That in consideration of the benefits to be derived by the
C 1 i j lrvi , KRnsaS, ai-+.d its inhaCiitants , there i.S ak-reloy ExR.Y2ted to
Tile Kallsss Fower send Licht Coir parry, 8. Kansas corpor-at1ori, hereinafter SOPLe-
tiie:es designated as Company, the ri l;ht, privilege and authority, for a. period
of ten gears, to occupy an.d use t:�le several streets, a -venues, alleys, bridges,
`arks, and 'public places of Said City, for the platin- a,id oaintai.n-
i ri, of f:. C1u1,pr,exit and property riecessa.ry J.- carry c!„ toe busi.r;ess ^f selling,
alld distr:i.butin; electricity for all Purposes, to Vre Cite of Sal. inh, Kansas,
and its in.hebita.nts, and through Said .V, =:.r1-+ be.rcrid t1?e limits t'Zerf;c;f;
o oY tt in said electric - energy from any source available, a_'d- _%o all
t.hi.rlgs necessary or proper to carry on spid business in the City of Sall -R,
k_arlSELS
.
,Section 2. in lieu of any specie.l tax, assessment, l i(`(-;*_lse or rental
ch.a.rC.e by the City during the terns of this right, and as a further coal; `clrr .-
tion i'cr t tls richt, the Co.:pany, its successors or assil-rl.s, Siler+.'•.l pal,
arlrluall�r on JUIv 1st to the City of Salina, Kansas, the slur_ of x;5000.00.
Sec:f•i n :. Tha.+.• the Coiipany, its successors a.nd assigns, in the con-
ut.r,,c'ion, _aai.�itenance and operation of its eler�t.r:lc trarisr!issicn, uistri-
__!,. ion al:.,:i street i i. +lt riC, systerl, shall. use all reasonar>le. and proper iire-
cauticr to avoi.d damage or injury to persons or pro erty, and si-iall. hold
and save harirless the City of Sal irl.a, Karisas, from any anal all da o, _,--e,
} r! jury and expense caused by the sole ne li Bence of said Corepa_ny, its
successors or assi-ns, or i. f, or tk' e.ir a.Uents or ser -,;,arts.
Section 4. T,.a.+, i-ithirs. thirty (30') da�;s froni arid after the nesset-e
and rvni. roval of this ordinance, Llai d. Coiii -any S:`ifll i. File viith tl'.e City Clerk
C>f S£1!i 1 y Of SP1,'._"•, Fpulsa.S, its uncondit.ione V•r J.Merl acct tc._.ce of t11S
ord _nance.
Secticn 5. Any end all. ordinances in conflict v:!i.th the terns hereof
are hereby repealed.
Seotion 6. That this ordiriance shall become, effective and IOEin force
and. shall be and becor-.e a binding contract between trie parties herf-!to, heir
success;,,'ws Rn,- assir,ns, fror; an(I after its passage, approval and ,ublicatlon
as reclut I.red b;; law and its acceptance as abo-re-,rovirded.
Introduced, April 15#0
Passed, June 24, 1940
�.J
Attest:
yle k
� 1
Form 792 - 6M - 4-58
ACCEPTANCE OF ORDINANCE RTO. 4975 -MUNIT
To the Governing Body of the City
of Salina
Saline
County, Kansas
The Kansas Power and Light Company --------, for itself, its successors
------------------------------------------- — - ------
and assigns, hereby accepts in writing, the Ordinance and all rights and privileges therein granted, passed
by the------ Go_y_erning Bod-r_____________
of----------- Salim----------------------- -- Kansas
and approved by the Actin&_ Qx_ ___
-------------------- of the----- City ------------
on
------- -
on the_24th_day of -----June - -� ---- 19�C-------
--------- of------ said -Cites------------------
on the -.__2� th day of _-.___:lung-___...__....-____ , 19-40, designated as Ordinance No------ 9175-----_, and entitled:
AN ORDINANCE granting to The Kansas Power and Light Company, a Kansas corporation, its
successors and assigns, the right to occupy and use the streets, avenues, alleys, bridges,
parks, parkinggs and other public places in the City of Salina, Kansas, for the purpose of
selling and distributing electrical energy to the City of Salina, Kansas, and its inhabi-
tants and through said 8ity and beyond the limits thereof, 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 ____ _________________of said Ordinance, and
said Company hereby agrees to all the terms and conditions of said Ordinance.
Dated at ------ T9-Peka__-____---_-__ --, State of Kansas
-- - -__ -- this VI -----day
of
--------------- JUA0 -------------------- 19-40•
THE KANSAS POWER AND LIGHT COMPANY
Attest: BY-------------------------------------------------------------------------------------------
PRESIDENT
---------------------
--- -Assistant SECRETARY - - -
STATE OF-_______
COUNTY OF___
CITY -----------OF
KANSAS
SALINE.
SALINA
SS.
I Chas. --E. Banker - ---M V ---------.-----Clerk of the
--------City'---------------------- of ------------ Salina --------------- --- State of ----------------Kansas ----------- do
hereby certify that the foregoing is a true and correct copy of acceptance of Ordinance No.
of___th_e___Citl__-------------- of_______Salina------ as therein described, the original of which acceptance
was filed in the office of the Clerk of said ----------------- City__-______- __ day of
-- --_on the - - 4-
----------- nne----------------------------------- 19_4O__ , and is now recorded among the original records thereof, and that
I am the keeper of the same.
itness my hand and the official seal of said ------ _____Cit�--_--__.-___--.__________________ this._____ 1/_Aay of
-------- -- ------------------ 194q_
-- - - - / - ---------------------------
-------- 91
------------------------------------------
--------C1 t—V--------------- CLERK
[SEAL]
;piled in my office this 26th day of June 1940.
���� City Clerk