AN ORDINANCE GRANTING TO THE KANSAS POWER AND LIGHT COMPANY, A KANSAS CORPORATION, IT SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

Section 1. That in consideration of the benefits to be derived by the City of Council Grove, Kansas and its inhabitants, there is hereby granted 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 or more incorporated cities in the State of Kansas, into and through which it has built transmission lines, the right, privilege, and authority for a period of twenty (20) years from the 15th day of May, 1985, 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 for all purposes to the City of Council Grove, Kansas, and its inhabitants, and through said city and beyond the limits thereof; to obtain said electricity from any source available; and to do all things necessary or proper to carry on said business in the City of Council Grove, Kansas.

Section 2. As further consideration for the granting of this franchise, and in lieu of any city occupant, license or revenue taxes, the company shall to the city during the term of this franchise three percent (3%) of its gross revenue from all sales of electric energy within the corporate limits of said city, such payment to be made monthly for the preceding monthly period.

Section 3. That the company, its successors and assigns, in the construction, maintenance and operation of its electric transmission, distribution and street lighting system, shall use all reasonable and proper precaution to avoid damage or injury to persons or property and shall hold and save harmless the City of Council Grove, Kansas, 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.

Section 4. That within 60 days from and after the passage and approval of this ordinance, said company shall file with the city clerk of said City of Council Grove, Kansas, its unconditioned written acceptance of this ordinance.

Section 5. That any and all ordinances in conflict with the terms hereof are hereby repealed.

Section 6. That this 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, publication as required by law and acceptance by company.

Section 7. This franchise is granted pursuant to the provisions of K.S.A. 12-824.

(4-1-85)