AN ORDINANCE GRANTING TO THE COFFEY. COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE, PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND RELATING THERETO, AND REPEALLNG ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARNETT, KANSAS:
Section 1. That there be and is hereby granted to The Coffey County Rural Electric Cooperative Association, Inc., a corporation, herein called the Grantee, its successors and assigns, the right, privilege and franchise until December 31, 1998, to construct, maintain and operate in the present and future streets, alleys and public places in the City of Garnett, Kansas, electric distribution and transmission lines, together with all necessary or desirable appurtenances, including underground conduits, poles, towers, wires and any and 1 all other necessary appurtenances, for the purpose of supplying electricity to said City, the inhabitants thereof, and persons, and corporations beyond the limits thereof, for light, heat, power and other purposes.
Section 2. That this franchise is given in consideration of the payment of One Dollar ($1. 00) as an annual franchise tax and for other valuable considerations, including, but not limited to the mutual exchange; of equipment, personnel, and information, which said consideration is specifically found to be and determined to be good and sufficient.
Section. 3. Poles and towers shall be so erected as to interfere 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 representative, but not so as unreasonably to interfere with the proper operation of said lines.
Section. 4. The City shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its lines and appurtenances 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 construction, 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, regulations 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 extension, 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 protection of its property, for the prevention of loss and waste in the conduct and management of its business, and for the sale and distribution of electricity, as may from time to time be deemed necessary by said Grantee.
Section 9. All other Ordinances and parts of Ordinances in conflict with the terms hereof shall be and the same are hereby repealed.
(08-22-1979)