HomeMy Public PortalAboutOrd 005 Franchise KG&E
~\0\~ \f'\ ~ \J0.\\,-\ ~,X€-\
~ '\- \Q.8\
ORDINANCE NO. S
AN ORDINANCE GRANTING TO KANSAS GAS AND ELECTRIC COMPANY, A CORPORATION,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE,
PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND RELATING THERETO.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL-AIRE, KANSAS:
Section 1. That there be and is hereby granted to Kansas Gas
and Electric Company, a corporation herein called the Grantee, its
suc~ssor~ and assigns, the right, privilege and franchise until
U~ ;7 , 20 O( ,to construct, maintain and operate in
the ~resent and future streets, alleys and public places in the City of
Bel-Aire, Kansas, electric distribution and transmission lines, together
with all necessary or desirable appurtenances, including underground
conduits, poles, towers, wires and other appurtenances, for the purpose
of supplying electricity to said City, and the inhabitants thereof, for
light, heat, power and other purposes.
Section 2. That in consideration of and as compensation for
the franchise and privilege hereby granted, and in lieu of all occu-
pation and license taxes, Grantee shall make a written report to the
governing body of said City, on or before the 15th days of February and
August, respectively, in each year, of all its gross receipts during the
preceding six (6) months' periods ending December 31 and June 30, respect-
ively, derived from and after the date this franchise is effective, from
consumers from the sale of electric energy used within the present or
future corporate boundaries of said City, during such periods, and shall
pay to said City, at the times of making such reports, an amount equal
to two percent (2%) of such gross receipts of the Grantee during such
preceding six (6) months' periods. The governing body of said City
shall have access and the right to examine, at all reasonable times, all
books, receipts, files, records and documents of said Grantee necessary
to verify the correctness of such semi-annual statement and to correct
the same, if found to be erroneous. If such statement of gross receipts
be incorrect, then such payment shall be made upon such corrected state-
ment.
Section 3. Poles and towers shall be so erected as to inter-
fere as little as practicable with traffic over said streets and alleys.
The location of all poles, towers and conduits shall be fixed under the
supervision of the governing body of the City or its authorized rep-
resentative, but not so as unreasonably to interfere with the proper
operation of said lines.
Section 4. The City shall not, in any way, be liable or
responsible for any accident or damage that may occur in the construc-
tion, operation or maintenance by the Grantee of its lines and appur-
tenances hereunder, and the acceptance of this franchise shall be deemed
an agreement on the part of said Grantee, its successors and assigns, to
indemnify the City and hold it harmless against any and all liability,
loss, cost, damages or expense which may accrue to said City by reason
of the negligence, default or misconduct of the Grantee in the construc-
tion, operation or maintenance of the Grantee's lines and appurtenances
hereunder.
Section 5. Grantee, its successors and assigns, shall furnish
and install for its patrons reliable meters and shall keep same in
repair without cost to the patrons. All meters used by the Grantee, its
successors and assigns, shall at all reasonable times be subject to
inspection by the City, and the City shall have the right to test said
meters, or cause the same to be tested by said Grantee, its successors
and assigns, at all reasonable times.
Section 6. Grantee, its successors and assigns, shall at all
times make extensions of its lines in compliance with such rules, reg-
ulations and orders as may be authorized or permitted, from time to
time, by such regulatory body, municipal or otherwise, as may be vested
by law with regulatory authority over such matters. In ordering such
extensions, said regulatory body shall give due consideration to the
elements of cost of installation and income.
Section 7. Grantee, its successors and assigns, shall during
the life of this franchise, furnish electricity to the City, and the
inhabitants thereof, at such compensatory rates without discrimination,
as shall be fixed or permitted from time to time by such regulatory
body, municipal or otherwise, as may be authorized by law to fix rates
for such service; PROVIDED, however, that nothing herein contained shall
be construed as waiving the right of either the City or the Grantee, its
successors and assigns, to review in the courts, in such manner as is
now or may hereafter be provided by law, any findings or order of said
regulatory body, or other authority, establishing rates for electric
current furnished under this franchise.
Section 8. Grantee, its successors and assigns, shall have
the right to make such reasonable rules and regulations for the pro-
tection of its property, for the prevention of loss and waste in the
conduct and management of its business, and for the sale and distribu-
tion of electricity, as may from time to time be deemed necessary.
Section 9. This Ordinance shall take effect and be in force
at the expiration of sixty-one (61) days from the date of its final
passage and following its publication once a week for three (3) con-
secutive weeks immediately after its final passage, in the Daily Reporter,
the official paper of said City, which publication is hereby directed,
and thereupon the franchise grant embodied herein, pursuant to Kansas
Statutes Annotated 12-824 and 12-2001, shall become effective upon its
acceptance by the Grantee, which acceptance shall be evidenced in writ-
ing, duly acknowledged before some officer authorized by law to ad-
minister oaths, and filed with the City Clerk of Bel-Aire, Kansas,
within thirty (30) days after the Ordinance becomes finally effective.
Passed and approved by the G~~ning Body of the City of
Bel-Aire, Kansas on this~ day of ~ ,19 4-.
ATTEST:
~~
City Clerk
(SEAL)
. \.'lS3 <. I/'.
1-" _~'--.__ j""
\ .~.- r. ;.... ('
,::: d<~.' _::,C~f.,:.'.!"
r'. " .-' \ \ ,," 1 · .
I ~. \,-,. / If'.
o ' ,-' .,...... - '~,
""T'"t ..... \' - .~"- 'l / .
"_"~ rj) ~_~ " (.', /
,-~ ,," ....."'1...-:., ':~..
-':') ..~ ~..-.' ~
f.......
:':~;.>'~': ,......,
. / '/1
....~
,,'\" .
'1 '.1.')' ,.