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Home My Public Portal AboutOrd 193 Street Lighting Agreement fJ41-lvU,j ;" d d1k l~&7 ~'r.v C> c)/ ;2 '0 ) 77/ CITY OF BEL AIRE ~_.__.,..,._'..,...,....... ,.' - , )~3 "...... ORDINANCE NO. AN 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 equipment 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 terms and conditions of such contract, and providing for its acceptance. BE IT ORDAINED by the Board of Commissioners of the City of Bel Aire, Kansas, as follows: Section 1. That the City of Bel Aire, Kansas, is hereby authorized to and does contract with Kansas Gas and Electric Company, a corporation, its successors and assigns, for the furnishing by said Company of electric service and equipment to light the streets, alleys, and public places of the City, in accordance with the terms and provisions hereinafter set out, which contract is as follows: "STREET LIGHTING AGREEMENT "THIS AGREEMENT made and entered into this / d day of (f) {'~ , 19~, by and between the City of Bel Aire, Kansas, hereinafter referred to as 'City' and Kansas Gas and Electric Company, a corporation, its successors and assigns, hereinafter referred to as , Company' , "WITNESSETH: "WHEREAS, the City desires to continue 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 therefor, and Company is willing at its own cost and expense to provide, own, maintain and operate the same, and supply the necessary electric energy therefor, all in accordance with the terms and provisions hereinafter set out, and it is hereby agreed as follows: "1. Company will provide, construct and install in place, ready for operation, certain street lighting equipment, consisting of lamp posts or other supports, brackets, lamps and globes, wiring and supports for wiring, conduits and other appliances and equipment necessary to provide and illuminate street lights of the following described types, the same to be located on certain streets and other public places, all as shown on a street lighting Location Map now on file in the City Clerk's office, bearing the signed approval of the ~a~ , dated ro i2"~ / / /9"J/ , which map, with its designati06s and descriptive, or explanatory data, is hereby approved, namely: TWENTY-EIGHT (28) - 2,500 LUMEN INCANDESCENT STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. TWELVE (12) - 4,000 LUMEN INCANDESCENT STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. FOUR (4) - 6,000 LUMEN INCANDESCENT STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. TWENTY-SEVEN (27) - 7,000 LUMEN MERCURY VAPOR STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. THIRTY-EIGHT (38) - 7,000 LUMEN MERCURY VAPOR STREETLIGHTS ON WOOD POLES SERVED UNDERGROUND. NINETEEN (19) - 5,800 HIGH PRESSURE SODIUM STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. FORTY-NINE (49) - 5,800 HIGH PRESSURE SODIUM STREETLIGHTS ON WOOD POLES SERVED UNDERGROUND. "All of the above lights are to be served and supplied by overhead conductors, except 87. "Company is to retain ownership of all the foregoing equipment, with right to remove the same upon termination of this Agreement. "2. Company will also at its sole cost and expense operate and maintain the above-described equipment, including the maintenance and repair of standards, poles, overhead conductor and fixtures, inspection, cleaning of glassware and replacement of lamps during the life of this Agreement. Company will also provide, and City will use and purchase from Company all electric energy necessary for the illumination of said lights. "3. In consideration of all the foregoing to be provided and supplied by the Company, City shall pay to Company the sum of the aggregate of the rate per unit for such service embodied in the Company's street lighting service rate schedule, copy of which is on file with the City Clerk, in the amount of Seventeen Thousand Thirty-Nine and 52/100 Dollars ($17,039.52) annually, plus applicable fuel adjustment, tax adjustment, Research and Development surcharge and any other appropriate adjustments ordered by the State Corporation Commission, or other regulatory tribunal having jurisdiction, such rates and the resultant aggregate annual payment being, however, subject to change or modification, pursuant to order of the State Corporation Commission, or other regulatory tribunal having jurisdiction, subject to the right of either party to review such action in the courts. Each annual payment shall be made in twelve (12) equal monthly installments, payable within fifteen (15) days after receipt of bills from the Company, and to be mailed to Company, Wichita, Kansas. -2- "4. Upon order or resolution of the Governing Body of the City, Company will from time to time provide and supply additional lights to the system and the City shall pay for such additional service at the rates then currently in effect according to the Company's street lighting service rate 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 and delivered to the City Clerk, if such default is not remedied in full within thirty (30) days after delivery of such notice to the City Clerk, Company shall have the right, in 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 harmless City from any and all loss, damage, or expense to persons, or property, which may arise from the negligent use, installation or construction by Company of equipment owned by it and used to supply service under this contract, provided, however, Company shall not be held responsible 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 to persons or property, or for other interruptions caused by accidents, strikes, fuel shortage or other causes beyond its control. "8. The Company may supply at its option any type of lamp which the electrical industry may later develop in place of lamps in use under this contract, provided that it is proven to the reasonable satisfaction of the Governing Body that the lamps so substituted give illumination equal to or greater than those in use at the time the Company indicates its desire to make such substitution. "9. This Agreement shall be in force and effect for a period of ten (10) years from the date hereof. All other street lighting service agreements, or parts thereof, if any, in conflict with the terms of this Agreement, shall be and the same are hereby repealed. -3- "IN WITNESS WHEREOF, the parties hereto have caused this Agreement / ,,~~~~d on the date above set forth. .' " 'Jy~. . ~/..,J, ;"'-'ty, ~~'. ", ./:y '.1 V 'trt~-\ \' r. ":.'{fA/ JIi'I\ J \. y ',. 'c" ~~,~':',,:-f .. "', ~-.... 11 \'.. ., '.)~j :'~."~ 3.'i, '. .! L. ' .' "'}i-':"~" "'j' _', , ;;'\...c ~ :...' C IT r 'f . ""'~-t\\f~~;t.~liiil~' ,', . >. I TI r AI r ",; '{,,>. ..,,:,. ~\.' . . .">.7" \ ~ ,1;2r' '.:L~Clerk CITY OF BEL AIRE, KANSAS By--/J-e-o p;~<-F/ May (SEAL) KANSAS AND ELECTRIC COMPANY ATTEST: By Group Vice President Secretary" (SEAL) -4- Section 2. Upon the passage and approval of this Ordinance and its publication once in The A:rk_ValleyNews, which publication is hereby directed, two counterparts of the .Street Lighting Agreement" embodied herein shall be prepared and signed in the n~e of the City by the Mayor, and attested by the City Clerk, with the seal of the City 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 J~day of t9~~ , 19~ ~~~/~ Mayor ATTEST: -5- CERTIFICATE OF PASSAGE STATE OF KANSAS COUNTY OF SEDGWICK CITY OF BEL AIRE SS: I, the undersigned, the duly appointed, qualified and acting City Clerk of the City of Bel Aire, Kansas, hereby certify that the foregoing is a true and correct copy of Ordinance No. /93 of said City, passed and approved on the / d day of () t.hk , 19..2L, as the same appears of record among the ordinances of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this Wday of () ('_~ , 19~. Vh~~~ erk of the City of Bel Aire, Kansas ;1't':, "" ,; ~~t,rw~, :; rt~fT\~Jt\nt,r;)1 ; \""'...'..""'. \~....~.-1 \ ~>\"'llij:'A.~'. :.,~'.'.' ~..x'll HI \, '.' It ( J'/ ~$:-\" 11' Hn;'<'~;j . ..... /1.' .......,-, <\':"&' l ' f '1' ~,:\/), ~:,<>>.>: ~, '0',::',;,,;' AFFIDAVIT OF PUBLICATION STATE OF KANSAS SS: COUNTY OF SEDGWICK Jim Stephenson, of lawful age, being duly sworn, says that he is publisher of The Daily Reporter, a newspaper printed and published in the City of Derby, County of Sedgwick, and State of Kansas, and of general circulation in the City of Bel Aire, and said County, and that the printed Ordinance hereunto attached was published in the regular and entire issue of said newspaper on the day of , 19____" And, further, said newspaper has been continuously and uninterruptedly published in said City and County during the period of fifty-two (52) weeks prior to the publication of said Ordinance; said newspaper being admitted to the mails at Bel Aire, Kansas, as Second Class Matter. Publisher SUBSCRIBED AND SWORN to before me this day of 19_ Notary Public My Commission expires (SEAL) Publication fee $ Additional copies $ STREET LIGHTING AGREEMENT THIS AGREEMENT, made and entered into this ~~ day of OU~A , 19~, by and between the City of Bel Aire, Kansas, here- inafter referred to as "City" and Kansas Gas and Electric Company, a corporation, its successors and assigns, hereinafter referred to as "Company" , WITNESSETH: WHEREAS, the City desires to continue 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 therefor, and Company is willing at its own cost and expense to provide, own, maintain and operate the same, and supply the necessary electric energy therefor, all in accordance with the terms and provisions hereinafter set out, and it is hereby agreed as follows: 1. Company will provide, construct and install in place, ready for operation, certain street lighting equipment, consisting of lamp posts or other supports, brackets, lamps and globes, wiring and supports for wiring, conduits and other appliances and equipment necessary to provide and illuminate street lights of the following described types, the same to be located on certain streets and other public places, all as shown on a street lighting Location Map now on file in the City Clerk's ~i5e, bearing the signed approval of the ~~ ' dated Cc..d:d:!:L'-t:L ~ /7'9/ , which map, with its designati s and descriptive, or explanatory data, is hereby approved, namely: TWENTY-EIGHT (28) - 2,500 LUMEN INCANDESCENT STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. TWELVE (12) - 4,000 LUMEN INCANDESCENT STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. FOUR (4) - 6,000 LUMEN INCANDESCENT STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. TWENTY-SEVEN (27) - 7,000 LUMEN MERCURY VAPOR STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. THIRTY-EIGHT (38) - 7,000 LUMEN MERCURY VAPOR STREETLIGHTS ON WOOD POLES SERVED UNDERGROUND. NINETEEN (19) - 5,800 HIGH PRESSURE SODIUM STREETLIGHTS ON WOOD POLES SERVED OVERHEAD. FORTY-NINE (49) - 5,800 HIGH PRESSURE SODIUM STREETLIGHTS ON WOOD POLES SERVED UNDERGROUND. All of the above lights are to be served and supplied by overhead conductors, except 87. Company is to retain ownership of all the foregoing equipment, with right to remove the same upon termination of this Agreement. 2. Company will also at its sole cost and expense operate and maintain the above-described equipment, including the maintenance and repair of standards, poles, overhead conductor and fixtures, inspection, cleaning of glassware and replacement of lamps during the life of this Agreement. Company will also provide, and City will use and purchase from Company all electric energy necessary for the illumination of said lights. 3. In consideration of all the foregoing to be provided and supplied by the Company, City shall pay to Company the sum of the aggre- gate of the rate per unit for such service embodied in the Company's street lighting service rate schedule, copy of which is on file with the City Clerk, in the amount of Seventeen Thousand Thirty-Nine and 52/100 Dollars ($17,039.52) annually, plus applicable fuel adjustment, tax adjustment, Research and Development surcharge and any other appropriate adjustments ordered by the State Corporation Commission, or other regulatory tribunal having jurisdiction, such rates and the resultant aggregate annual payment being, however, subject to change or modification, pursuant to order of the State Corporation Commission, or other regulatory tribunal having jurisdiction, subject to the right of either party to review such action in the courts. Each annual payment shall be made in twelve (12) equal monthly installments, payable within fifteen (15) days after receipt of bills from the Company, and to be mailed to Company, Wichita, Kansas. 4. Upon order or resolution of the Governing Body of the City, Company will from time to time provide and supply additional lights to the system and the City shall pay for such additional service at the rates then currently in effect according to the Company's street lighting service rate 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 and delivered to the City Clerk, if such default is not remedied in full within thirty (30) days after delivery of such notice to the City Clerk, Company shall have the right, in 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 harmless City from any and all loss, damage, or expense to persons, or property, which may arise from the negligent use, installation or construction by Company of equipment owned by it and used to supply service under this contract, provided, however, Company shall not be held responsible for temporary interruptions of service due to breakdowns of its generating, transmission or distribu- tion system, or due to shutdowns necessary to make repairs, or to avoid risk -2- of danger to persons or property, or for other interruptions caused by accidents, strikes, fuel shortage or other causes beyond its control. 8. The Company may supply at its option any type of lamp which the electrical industry may later develop in place of lamps in use under this contract, provided that it is proven to the reasonable satisfaction of the Governing Body that the lamps so substituted give illumination equal to or greater than those in use at the time the Company indicates its desire to make such substitution. 9. This Agreement shall be in force and effect for a period of ten (10) years from the date hereof. All other street lighting service agreements, or parts thereof, if any, in conflict with the terms of this Agreement, shall be and the same are hereby repealed. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed on the date above set forth. CITY OF BEL AIRE, KANSAS ATTEST: ByiJ&~~~~~ Mayor 'M.. \.',: \ tf1J City g ~.;1Y; ~ I C;l;~\~;') ~! -c. ~-: .--\ \, fJ'j(' r ~ A' "/ ".'.' ~." <<:.. -;.;. -;flll.tlf~:lln :,,' ""." Il'PIU;,'!' · A ... 1') "If .......1.' . I ,. I r\ ~~.\~\' KANSAS GAS AND ELECTRIC COMPANY ATTEST: BY Group Vice President Secretary (SEAL) -3- "., TO. 49TH ST N ... 'Y I ~Q ~~ 4901 5 ~2~ 5 CIVISION 'ILEO,WITH WA NO. ~ 36 5 ~831 1 810 \60 4 . 4 - 5905 !J 4144 7-4147 ~ 40TH ) ~ 7-4940 7-491)1 48TH 7-4901 ST N 7-4217 7-4801 47TH N 7-4217 a:: (.) ...J ...J :I: 7-4630 ~ a:: ~ ...J i: 7-462!5 7-4601 6-4559 ST N 7 6601 N A