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3294 United Power and LightORDINANCE &.. AN ORDINANCE authorizing the acceptance of a certain proposal from the United Power & Light Corporation for the furnishing of electric current for street lighting in the City of Salina and for the installation, maintenance and operation of street .and other lights, White inlay Systems, etc., in said City, at the charges and upon the.conditions set forth therein, and providing for the execution of a contract by the City and said Company according to the terms of such proposal, and repealing all other ordinanees.or parts of ordinances, and all.other contracts or parts of contracts in conflict with the contract hereby authorized and with the provisions of this ordinance. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the proposal of The United Power & Light Corporation submitted to the City of Salina, Kansas, under date of September 21st, 1926 for furnishing to the City of Salina, electric current to be used for street lighting on streets and other public grounds located within said City and for the installa- tion, maintenance and operation of street and other lights, White Way Systems, etc., in accordance with the provisions and upon the rates and conditions therein stated, be accepted by the City of Salina, such proposal being in words and figures as follows, to -wit: P R O P O S A L To the Board of Commissioners, City of Salina, Kansas. The United Power & Light Corporation, hereinafter referred to as the "Company", hereby submits to the City of Salina, hereinafter referred to as the "City", the following proposal, for furnishing to said City of Salina electric current to be used for street light- ing on streets located within the City limits of said City and for the installation, maintenance and operation of street and other lights, White Way systems, etc., in accordance with the following provisions and upon the rates and conditions following (this proposal to become a contract between the Company and the City upon its acceptance by ordinance duly adopteddby the Board of Commissioners of said City, within 30 days from the date of this proposal) to -wit: 1. The Company agrees to sell to the City, and the City by its acceptance of this proposal, agrees to buy from the Company, electric current to be used for street lighting on streets located within the limits of said city, at the rates and under the provisions hereinafter specified. 2. The Company shall operate and maintain in said City the present White Way and street lighting system as the same is now installed upon certain streets in said City. 3. The City shall have the right to order in additional White Way posts or street or other lights at any time, at such location, and of such types of construction and illumination (within the limits herein provided for), as may be specified by the City, and the Company shall construct, install, maintain and operate such White Way posts and lights thereon, and other lights, as may be ordered in by said City, and shall be paid for such as hereinafter set forth. 4. That said City whenever it orders in White Way posts or street or other lights as hereinafter provided, shall specify the number,.location and type thereof, and whether any such White Way posts shall be of the five, three or one light type, and the Company shall construct, install, operate and maintain such lights and posts as the City may order, and any order provided for in this.proposal shall.be made in the form of a resolution adopted by the Board of Commissioners of said City, a copy of which shall be furnished to the Company as evidence of such order. 5. That for all suspension pendant type 400 C. P. -lights now installed, operated and maintained by the Company, said City shall pay to the Company the sum of $48.00 each per year for the 180 lights now so installed, maintained and operated by the Company, and for each such additional light, (to be of the center suspension or mast arm type at the option of the City) hereafter so installed, operated and maintained by the Company, on order of the City, the price per light shall be the same; provided however, that 750 feet shall be the maximum distance which said Company shall be required to extend its wires for any single light. (These lights to be all night burning; system of distribution to be overhead construction). 6. That for all suspension bracket type 60 C. P. lights now installed, operated and maintained by the Company said City shall pay to the Company the sum of w18.00 each per year for the 125 lights now so installed, maintained and operated by said Company, and.for each such additional light hereafter so installed, operated and main- tained by the Company, on order of the City, the price shall be the same; provided however, that 300 feet shall be the maximum distance that the Company shall be required to extend its wires for any such single light. (These lights to be all night burning; system of dis- tribution overhead construction.) 7. If any light ordered in under the two preceeding paragraphs requires an extension of wires to a greater distance than 750 feet or 300 feet, as the case may be, the City shall pay the Company the cost of such extension in excess of such 750 feet or 300 feet, asthe case may be, but if a light or lights be subsequently ordered in on said line by the City so that the, distance between the lights is re- duced to 750 feet or less in case of 400 C. P. lights, or 300 feet or less in the case of 60 C. P. lights, then the Company shall re- fund to the City the amount previously paid by it for such extension. 8. That.for all single light White Way posts, ornamental type, bearing one 250 candle power Mazda lamp, now installed, operated and maintained by the Company, the City agrees to pay to the Company $30.00 each per year for the 46 lights now.so maintained and operated by the Company, and for each such additional White Way post hereafter so in- stalled, operated and maintained by the Company, on order of the City, the price shall be the same; provided however, that the installation cost for such posts shall not exceed the average of $90.00 per post for all such posts so installed at any one time; provided further that if on any White Way project concerning which resolutions have at this time been passed by the Board of Commissioners of the City, proceedings are.taken by the City within 30 days from the date its.acceptance of this proposal becomes effective, to provide for the completion of such projects, (such present proposed project bding commonly referred to as the East Iron, West Iron, South Santa Fe, North Seventh, West Ash and North Twelfth Street projects) by which the property owners along any such streets -are to be taxed not to exceed 21� per front foot of abutting property therefor, then the Company shall install the White Way posts and system along any such street or streets withtmo additional charge for such installation other than the 21� per front foot to be paid by such property owners, and providing further that there shall be no additional charge paid by said City for the installation of any White Way posts or system in the addition known as Country Club Heights, as now platted. (These lights to be all night burning; underground system of distribution). 9. That for all single light White Way ornamental posts now bearing one 300 Watt Mazda lamp, now installed, operated and maintained by the Company, which are to be changed by the Power Company to 150 ;Matt Mazda lamps, said City shall pay to the company the sum of X30.00 each per year for the 6 lights now so maintained and operated by the Company, and for each additional White Way post bearing one 150 Watt Mazda lamp x.•. .,,�... .. hereafter so installed, maintained and operated, on order of the City, the price per light shall be the,.same; provided however, that the installation costs,for such posts shall not exceed the average of °75.00 per post for all such posts so installed at any one time. (These lights to be all night burning; underground system of dis- tribution). 10. That for all three light White Way ornamental posts bearing two 60 Watt Mazda lamps burning until midnight and one 100 Watt Mazda lamp burning all night, now installed, operated and maintained by the Company, the City shall pay to the Company the sum of 630.00 each per year for the 38 lights now so maintained and operated by said Company and for each such additional three light White Way ornamental post hereafter so installed, operated and maintained by the Company, on order of the City, the price per White Way post shall be the same; provided however, that the installation costs for such posts hereafter installed shall not exceed the average of '$90.00 per post for all such posts so installed at any one time. (Under- ground -distribution system). 11. ''hat for all five light White Way ornamental posts bearing four 60 Watt Mazda lamps Turning until midnight and one 100 Watt Mazda lamp.burning all night, now installed, operated and maintained by the Company, the City shall pay to the Company the sum of x$''38.00 each per year for the sixty five posts now so maintained and operated by the Company, and for .each such additional five light White Way post, hereafter so installed, operated and maintained by the Company, on order of the City, the.price per White Way post shall be the same; provided however, that the installation cost for such posts shall not exceed the average of x$''100.00 per post for all such posts so installed at any one time. (Underground distribution system). 12. That for all single light intersection traffic guides having one 60 Watt Mazda lamp burning all night,now installed and maintained by the City and operated by the Company, the City shall pay to the Company the sum of $9.00, each per year for the eight lights now so operated, and for each additional traffic guideBaring one 60 Watt Mazda lamp burning all night hereafter installed and maintained by the City and operated by the Company, on order of the City, the price shall be the same. 13. That for all single light brackets bearing one 60 Watt Mazda lamp burning all night now installed and maintained by the City and operated by the Company the City shall pay to the Company the sum of ;9.00 each per year for the four lights now so operated at Santa Fe and 61aflin, and for each additional one light bracket bearing one 60 Watt Mazda lamp burning all night, hereafter in- stalled and maintained by the City and operated by the Company, on order of the City, the price shall be the same. (Distribution system underground). 14. That for all single light, 60 Watt Mazda lamps, all night burning, at the entrances to parks, shcool grounds, and public buildings, now.installed and maintained by the City or by the authorities in charge of any such school or park, and operated by the Company,.the City shall pay to the Company the sum of $9.00 each per year for six of the twelve lights now so operated, and six of such lights now so operated at the entrance at Oakdale Park, shall be operated by the Company without charge to the City, and for each such additional one light 60 Watt H4azda lamp, all night burning, hereafter installed and maintained by the City or by the authorities in charge of any such school or park, and so operated by the Company, on order of the City, the price shall be $9.00 each per year. (Distribution system underground). 15. That for all single light ornamental posts bearing one 60 Watt Mazda lamp burning all night, now installed and maintained by the City of Salina and operated by the Company, the City shall pay the Power Company the sum of $9.00 each per year for the two lights now so operated, and the price for each additional 60 Watt Might so installed, maintained and operated shall be the same; and for ornamental posts bearing one 100 Watt Mazda lamp burning all night installed, maintained and operated as hereinabove stated, the.City shall pay to the Company the sum of $12.00 each per year for all lights so operated._ Eleven of such 100 Watt lights now so operated in City Park to be operated by the Company without charge to the City. (Distribution system underground). 16. Any light or lights of any type now or hereafter installed may by order of the City be discontinued, or be replaced with any other type of light or lights herein mentioned, and upon such discontinuance being ordered, all charges for the lights so discontinued, shall cease, and the City shall be charged with the cost of operating any new light or lights at the rates herein provided for. 17. Thd number of lights or White Way posts now installed and operated, as stated in any of the foregoing paragraphs, are according to the representations of the Company, and if upon actual check it should be discovered that such number of lights now installed and in use, are less than the number so stated, the charge to the City shall be based only on the number now or hereafter in actual operation and use. 18. If at any time during the term of this contract, natural gas should become available to the Company as fuel for producing electric current, a readjustment of the charges herein provided.for may be made. 19. That all payments to be made by the City in accordance with the terms of this proposal shall be made in equal monthly payments proportioned as nearly as possible on the amount to be paid annually by the City to said Company. 20. That the prices or charges fixed in this proposal to be paid to the Company, shall be for a period of seven years from September 1st, 1926, from which date such charges shall become effective if this proposal is accepted by the City as herein provided for, and this con- tract shall remain in force after the expiration of such period until either party hereto shall have given notice in writing to the other of its intention to withdraw from the contract; provided that such notice shall be given at least 60 days prior to any indicated date of discon- tinuance. 21. That upon the acceptance of -this proposal or within sixty days thereafter the City shall authorize the Company to install addi- tional street lights or White Way posts, at specified locations on its streets and of a sufficient number at the above proposed rates so that the gross amount to be paid by the City to the_Company thereafter will not be less per year than the gross amount paid by the City to the Company for street lights for the year preceeding September 1st2 1926. 22. That the Company as an additional consideration for the acceptance of this proposal by the City, further proposes to make an allowance of $1500.00 to the City on the yearly street lighting bill during the first year of this contract. City to be given credit on each monthly bill at the rate of $125.00 per month until the City has re- ceived full credit for the $1500.00 allowance. 23. This proposal shall become a contract between the parties hereto upon its acceptance by the Board of Commissioners -of the City of Salina by an ordinance duly enacted by the Board of Commissioners of said City and duly published according to law, authorizing the acceptance of such proposal and authorizing the Mayor and City Clerk to'execute, on behalf of the City, and duly attest, such acceptance in writing, and the contract so effected, shall upon such acceptance inure to and be binding upon the successors and assigns of the re- spective parties hereto but shall not be assigned by the Company with- out the consent of the City.— No modification or change in the pro- visions of said contract shall be binding upon either of said parties unless the same be in writing duly accepted by the Company and the City, acting through their duly authorized officers or representatives. The cost of publishing the ordinance accepting this proposal or any ordinance modifying the'same shall be paid by said Company. 24. This contract shall be construed and the rights, duties.and obligations of each of said parties shall be determined according to the laws of the State of Kansas. IN WITNESS WHEREOF, said The United Power & Light Corporation has caused this instrument to be executed in duplicate, by its duly author- ized officers or representatives, this 21st day of September, 1926 and has cuased the same to be submitted to the Board of Commissioners of the I.City of Salina, Kansas, for their acceptance on behalf of said Cith within thirty days from said date. Attest: The United POWER & LIGHT CORPORATION By A. C. Brodine, Elec. Supt. H. D. Hayden, Dist. Ilgr. Section 2. That the acceptance of said proposal as set forth in Section 1 of this ordinance, as authorized by said section, be and the same is hereby deemed to constitute a contract between The United Power & Light Corporation and the City of Salina, and that upon the taking effect of this ordinance, the Mayor shall and he is,hereby authorized and directed to execute in writing an accept- ance of said proposal on behalf of said city, to be attested by the City Clerk under the seal of the City, and to deliver said acceptance to said The'United Power & Light Corporation. Section 3. That all other contracts or agreements of any kind heretofore in effect between said city and said The United Power and Light Company or its predecessors, for furnishing street lights or lighting to said city, and all ordinances or parts of ordinances in conflict with the provisions of this ordinance, be and the same are hereby repealed. Section 4. That this ordinance shall take effect and be in full force from and after its publication once in the official city paper. Attest: Introduced for first readiig, September 27th, 1926 Passed and approved, October 4th, 1926 _Guy T. Helvering Mayor . Chas E. Banker City Clerk. A C C E P T A N C E The foregoing proposal of the United Power & Light Corporation is hereby accepted by the City of Salina, this day of 1926, as authorized by ordinance o. 3 29'� Board of Commissione-25—s of said City and published in the Salina � Journal , 1926. A- ayor Attest: Y City Clerk STATE OF' KANSAS ) ) SS COUNTY OF SALINE ) I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 3294 passed and approved by the Board of Commissioners of the City of Salina, Kansas, October 4th, 1926, and a record of the vote on its final adoption is found on page 3 of Journal No. 11.