AN ORDINANCE AUTHORIZING AND EMBODYING AN AGREEMENT BETWEEN THE CITY OF TOWANDA, 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 THEREFORE AND THE TERMS AND CONDITIONS OF SUCH CONTRACT AND PROVIDING FOR ITS ACCEPTANCE.
Section 1. That the City of Towanda, 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 18th day of February, 1987, by and between the City of Towanda, Kansas, and 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 therefore, 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 mayor, dated February 13, 1987, which map, with its designations and descriptive, or explanatory data is hereby approved, namely:
13 - 20,000 Lumen mercury vapor lights on wood poles served overhead.
67 - 7,000 Lumen mercury vapor lights on wood poles served overhead.
All of the above lights are to be served and supplied by overhead conductors, except none.
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 the 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 $9,328.07 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 12 equal monthly installments, payable within 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 months and 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 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 interruption 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 maps 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 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.
(2-18-1987)