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Home My Public Portal AboutOrd 017 Street Lighting Agreem PU'Rl)\~~ \ f\ -\-NL \:n\\C\ \-\~-\er ~~.~ ~ \~, ORDINANCE NO. 17 1m ORDINANCE authorizing and embodying an Agreement between the City of Bel-Aire, Kansas, and Kansas Gas and Electric Company, a corporation, its successors and assigns, for electric service and equip- ment to light the streets, alleys and public places of the City for a term of years, providing the compensation to be paid by the City therefor and the te rm.~ and condit ions of such cant rae. t. and providing for its acceptance. BE IT ORDAINED by the Governing Hod" of the City of Bel-Aire, Kansas, as follows: Section 1. That the City of Hel-.Aire, Kansas, is hereby authorIzed to and does contract 'dt th Kansas Gas and Electri.c Company, a corpol.ation, its successocs and assigns, for the furnishing by said Company of electric. service and equipment to light the streets, alleys, and pub lie places of the City, in acco!:dance wLth the tenus and prov:l.- sions hereinafter set out, "l-lhich contract is as f01lm.3: "STREET LIGHTING AGREEMENT liTHIS AGREEtvlENT made and entered into this 3r(i~ day of 3~ove.mb..er____, 19__fiL, by and between the City of Bel-Aire, Kansas, hereinafter referred to as ICity' and Kansas Gas and Electric Company, a corporation, its successors and assigns, hereinafter referred to as I Company I , "WITNESSETH: !fWHEREAS, the City desires to obtain the benefits of a modernized street lighting system without incurring the cost and expense of purchase or construction and installation of the necessary equipment and facilities tberefor, and CCl}upany is willing at: its own cost [j,nd expense to provide, own, maintain and operate the same, and supply the necessary electric energy therefo!.' 611 in accordance wi.th the termr; and provisions herein- after set 'Jut, .'lnd it is hereby agreed as follows: "1, Company will provL:h~s construct and instal1 1n place, ready for operation, certain street lighting equipment, consisting of lamp posts or ether supports, brackets, lamps and globes, wiring and supports for wiring, conduits and other appliances and equipment neces- sary to provide and illuminate street lights of the following described types, the same to be located on certain streets and other public places, ~ll as shown on a street lighting Location Map now on file in the City Clerk I s office, bearing the signed approval of the , dated ____.__ ,which map, 'vith its designations and descriptive, or foxplaI13tor/ data, IS hereby approved, namely: THIRTY-TWO 7,000 LUMEN MERCTH\'l' VAPOR STREET LIGHTS ON ~JOOD POLES SEF:Vrl) OVERHEAD FOUR (Ii) ,000 LUMEN INCANDESCENT STREET LIGHTS ON WOOD PCLES SERVED OVERHEAD ThTELV E (12. ,+ T 000 LLlHEN INCA..l\WESCENT STREET LIGHTS ON ~1O(lD POLES SERVED OVERHEAD TWENTY-EIGHT (2d) 2,,500 LUMEN INCANDESCENT STREET LI(;irrS ON WOOD POLES SERVED OVERHEAD FORTY -.TWO (42.) 7,000 LUHEN HE RCiJRY VAPOR STREET LIGHTS ON WOOf) POLES SERV;:':.D UNDERGROUND, CITY TO BE BILLED ON OVERHEAD RATE "Al1 of the above 1igh ['.S are to be s(~rvecl and SLlpp lied by overhead condue tors, (:xcept forty-two. "CompCi.ny is tc; n~ti1in mmership of all the fo cI2g;)ing equi.p- ment, with right to remove the same upon termination of this Agreement. "2. Company \v:Ul also at its sole cm,t dnd expense operate and maintai.n the above-described equi.pment, including the maintenance arId repair of standards, poles, overhead conductor and fixtures, in- spection, cleaning of glassware and replacement of lamps during the life of this Agreement. Company will also provide, and City will use and purchasp from Company all electric energy necessary for the illumination of sai.'.! lights. "3. In consideration of all the foregoing to be provided and supplied by the Company, City sha.ll pay to Comp8ny t]w Bum or the aggre- gat,'! of the rate per uni.t for such service embodied in the Company's street lighti,l1i;; service rate cheduJ.e, copy at whLch is on file with the City Clerk, in the amount of Four Thousand Two Hundred Forty and 10;00 Dol1an: C$4,2i,O.10) annually, plus applicable fael adjustment, tax adjust:llent, Research and DC"le1.opment surcharge <.inti any other appropriate adjustments ordered by the State CorporatLon ComminsloD, or other regulatury tribunal iHlvin3 j urj sclL.:tion, such rates and the resul tant aggregate ~nnual payment being, however, subject to change or modification, pursuant tr order of the State Corporation Commission, or other regulatory tribunal hav.Lng j Grisdiction, subj ect to the ri.ght of either party to review such action in the cuurts. Each annual payment shall be made in twelve (12) equll monthly installments, payable within fifteen (15) days after receipt of bills from the Company, and to be made at Company's office ill Wichita, Kansas. "it. Upon order at' resolution of the Governing Body of the Ci ty, Company will from time to time provide and BUPP ly additional lights to the system and the City shall pay for such additional service at the rates then c.urrently in effect ~lccording to the Company's street lighting service ra e schedule applicable to said City. "5. In case of default on the part of City in making payments within two (2) months and fifteen (15) days after receipt of bill therefor, and upon written notice from Company to that effect, addressed to the Governing Body B.nd delivc,.ced to the C:t.ty Clerk, if sueh default is not remedied in full within thirty (30) days after delivery of such notice -2." to the City Clerk, Company shall have the right, ill addition to and without waiving any other remedies, to shut off the electric service to any or all parts of the system until such default is remedied, this Agreement nevertheless, at Company!s option, continuing in full force and effect. "6. Company agrees to change the location of any street light upon written request of City, provided City shall pay the actual cost of such moving. "7. Company agrees to protect and save harm.less City from any and all loss, aamage, or expense to peniOlls, or prope cty, which may arise from the negligent use, installation ur construction by Company of equipment owned by it and used to supply service under this contract, provided, however, Company shall not be held res pons ib le for temporary. interruptions of service due to breakdown of its generating, transmission or distribution system, ,or due to shutdowns necessary to make repairs, or to avoid risk of danger persons or property, or for other inter- rupt ions caused by accidents I strikes, fuel shortage or other causes beyond its control. "8. The Company may supply ae its op tion any type of lamp which the electrical industry may later develup in place of lamps in use under this contract, provided that it is proven t.o the reasonable satis- faction of the Governing Body that the lamps so substituted give illu- mination equal to or greater than those in use at the time the Company indicates tts d2s1re to make such substitution. of ten service of this "9. This (10) yea rs agreements, Agreement, Agreement shall be in force and effect for a period from the date hereof. All other street lighting or parts thereof, if any, in conflict with the terms shall be and the same are herEby repealed. "IN WITNESS HHEREOF, the part les hereto have caused thi.s Agreement to be E'xecuted on the date above set forth. CITY OF BEL-AIRE, KM~SAS /1 / ~I ",~ ( .~t{{./C / I- L4~-<:" /LfL; Ci ty Clerk ~'''''' ," , ..>' /"'J' / / I .j/..I' ...,,:./ -- '"".~ . / .. . . ,; J" ~..r'/' .' By L~/ -,,~_. <?>~!, / /:{..#7.-!.#-1..-/ / ) Mayor ATTEST: .".",,~ 'I (SE'A~X . ....l ~ _>t ," -! ",.~ ~,,:, 1'/" ,C"'j. ...... :~--;:; KANSAS GAS AND ELECTRIC COHPANY ATTEST: ~-"" . ~~,J .." .\ "i.-,) By Vice President ---------.----. S ec. rt:::;--t;ryTi (SEAL) .. Section 2. Upon the passage and approval of this Ordinance and its publication once 1n the Daily Reporter', \.;h:1ch pubIication is hereby directed, two counterparts of the "Street Lighting Agreement" em- bodied herein shall be prepar:ed and signed in the nam(~ of the City by the Mayor, and a ttes ted by the Ci ty Clerk, with the seal of the Ci ty affixed, and when signed on behalf of Kansas Gas and Electric Company, by an authorized Officer of the Company, attested by the Secretary or an Assistant Secretary, with the seal of the Company affixed, said Agreement embodied herein shall become effective and constitute a valid and binding contract between the parties thereto, and the signing of such contract and delivery to the City Clerk of one such signed counterpart by Kansas Gas and Electric Company, shall be deemed an acceptance by it of this Ordinance. The other counterpart shall be delivered to the Company. Passed and approved this 3(g/~. day of I~'~t-'e)'). ::,_~.t...~, 19-8/ -, ) ,/,,-- / '", / / l.r}-;' ~ '')':;;;? ( , ,,' / / ,>~<:_-.cf,,' c~yi~~ ~'4<<U'LJ I MayoL i" / ATTEST: ;// -' /t! )! , ( t.Zf"IL/ j( , ,/ &:~.ft-0'l-1 . ---------'-- .- --,-- ---- Ci ty Clerk (SEAL) :)' .~ "i.; .: .f' \' . , ,~ t~ --:- I ._"\>__~\ _ ~' ~ \ "'c:'i~' ~;20,t~:1\!;. ': -::;::; it.. V..-i','.1 ./ J' . ~'. I"'J.:. \ T\I ' ~ ~ ~ ".'::; )-.'gtZ::,;-. ,,~~ '. "", ,;.;~L.2f;~.-;~' ;-) - ,,", ".. ,l -.:;--