Article I
KANSAS POWER AND LIGHT COMPANY

Sections:

Section 1.    [Rights granted.]

Section 2.    [Compensation to City.]

Section 3.    [Installation of mains, services, pipe.]

Section 4.    [Use, disturbance of streets, alleys, public thoroughfare.]

Section 5.    [Delivery of natural gas.]

Section 6.    [Company to use reasonable and proper precaution – Hold City harmless.]

Section 7.    [Acceptance by company.]

Section 8.    [Agreement.]

Section 9.    [Rights not exclusive.]

Section 10.    [Conflicting ordinances repealed.]

Section 11.    [Renegotiation.]

    Editor’s Note: Ord. No. 15667, adopted Sept. 23, 1986, repealed Art. I of App. B and enacted a new Art. I to read as herein set forth. Said former Art. I set out Ord. No. 12138, §§ 1 – 7, adopted Nov. 1, 1966, which granted a gas distribution system franchise to The Gas Service Company for a period of twenty (20) years. See also the editor’s footnote to Art. II of this appendix.

Section 1. [Rights granted.]

That in consideration of the benefits to be derived by the City and its inhabitants, there is hereby granted to The Kansas Power and Light Company, a Kansas corporation, hereinafter sometimes designated as “Company,” said Company being a corporation operating a system for the transmission of electric current between two (2) or more incorporated cities in the State of Kansas, and also operating a system for the transmission and distribution of natural gas in the State of Kansas, the right, privilege, and authority for a period of twenty (20) years from and after January 1, 1987, the effective date of this ordinance, to occupy and use the several streets, avenues, alleys, bridges, parks, parkings, and public places of said City, for the placing and maintaining of equipment and property necessary to carry on the business of selling and distributing electricity and natural gas for all purposes to the City and its inhabitants, and through said City and beyond the limits thereof; to obtain said electricity and natural gas from any source available; and to do all things necessary or proper to carry on said business in the City.

The rates charged any customer in the City for electric current or natural gas and rates charged to the City for the maintenance and operation of its street lighting system including underground installations by the Company, its successors or assigns, shall be in accordance with schedules of rates now on file with the State Corporation Commission of the State of Kansas, or such charged rates as from time to time may be filed and approved by said Corporation Commission or other governmental body having jurisdiction over the rates of the Company, its successors or assigns. (Ord. 15667 § 1, 9-23-86.)

Section 2. [Compensation to City.]

As further consideration for the granting of this franchise, and in lieu of any City occupation, license, or revenue taxes, the Company shall pay to the City during the term of this electric franchise three percent (3%) of its gross revenue from the sale of electric energy within the corporate limits of said City. The Company shall pay to the City during the term of this natural gas franchise five percent (5%) for the first five (5) years, four percent (4%) for the second five (5) years and three percent (3%) thereafter of its gross revenue from the sale of natural gas energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period. (Ord. 15667 § 2, 9-23-86.)

Section 3. [Installation of mains, services, pipe.]

That all mains, services, and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers, or other structures already installed. (Ord. 15667 § 3, 9-23-86.)

Section 4. [Use, disturbance of streets, alleys, public thoroughfare.]

The Company shall, in the doing of the work in connection with its said gas mains, pipes and services, comply with Chapter 40* of the 1986 Code of the City of Topeka and its future updates and revisions regarding the use of any street, alley, avenue, easements, or other public thoroughfare, and where the Company disturbs the surface of a street, alley, avenue, or other public thoroughfare, it shall at its own expense and in a manner satisfactory to the duly authorized representatives of the City replace such paving or surface in accordance with the approved standards of the City. (Ord. 15667 § 4, 9-23-86.)

*    Editor’s Note: See TMC Title 12.

Section 5. [Delivery of natural gas.]

It is recognized that the natural gas to be delivered hereunder is to be supplied from a pipeline system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter provided, does obligate itself to furnish natural gas in such quantity and for such length of time, limited by the terms hereof, as the said sources and said pipelines are reasonably capable of supplying. (Ord. 15667 § 5, 9-23-86.)

Section 6. [Company to use reasonable and proper precaution – Hold City harmless.]

That Company, its successors and assigns, in the construction, maintenance, and operation of its electric transmission, distribution and street lighting system and its natural gas system, shall use all reasonable and proper precaution to avoid damage or injury to persons and property, and shall hold and save harmless the City from any and all damage, injury and expense caused by the sole negligence of said Company, its successors and assigns, or its or their agents or servants. (Ord. 15667 § 6, 9-23-86.)

Section 7. [Acceptance by company.]

That within sixty (60) days from and after the approval of this ordinance by the State Corporation Commission, Company shall file with the City Clerk its unconditional written acceptance of this ordinance. Said 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 acceptance by said Company, as of January 1, 1987. (Ord. 15667 § 7, 9-23-86.)

Section 8. [Agreement.]

That this ordinance, when accepted as above provided, shall constitute the entire agreement between the City and the Company relating to this franchise and the same shall supersede and cancel any prior understandings, agreements, or representations regarding the subject matter hereof, or involved in negotiations pertaining thereto, whether oral or written. (Ord. 15667 § 8, 9-23-86.)

Section 9. [Rights not exclusive.]

This franchise is granted pursuant to the provisions of K.S.A. 12-2001, and shall not, in any way, be construed as granting the Company any exclusive franchise, right or privilege whatever. (Ord. 15667 § 9, 9-23-86.)

Section 10. [Conflicting ordinances repealed.]

That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed. (Ord. 15667 § 10, 9-23-86.)

Section 11. [Renegotiation.]

Should the State Corporation Commission take any action with respect to this franchise ordinance, which would or may preclude The Kansas Power and Light Company from recovering from its customers any cost provided for hereunder, the parties hereto shall renegotiate this ordinance in accordance with the ruling of the Corporation Commission. (Ord. 15667 § 11, 9-23-86.)