AN ORDINANCE GRANTING TO CENTRAL TELEPHONE AND UTIL TIES CORPORA TION, A KANSAS CORPORATION, OPERATING A SYSTEM FOR THE TRANSMISSION OF ELECTRIC CURRENT BETWEEN TWO OR MORE IN CORPORA TED CITIES IN THE STATE OF KANSAS ITS SUCCESSORS AND ASSIGNS, HEREINAFTER CALLED THE GRANTEE, THE RIGHT TO USE CERTAIN STREETS, AVENUES, ALLEYS, BRIDGES AND PUBLIC PLACES IN THE CITY OF STOCKTON, KANSAS, HEREINAFTER CALLED THE CITY, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, INSTALLING, MAINTAINING AND OPERATING POLES, WIRES, CONDUITS, TUNNELS AND OTHER FIXTURES IN, UPON, OVER, ACROSS AND ALONG SUCH STREETS, AVENUES, ALLEYS, BRIDGES AND PUBLIC PLACES OF SAID CITY FOR THE PURPOSE OF MAINTAINING AND OPERATING AN ELECTRIC TRANSMISSION LINE THROUGH AND BEYOND SAID CITY AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREFOR.
Section 1. That in consideration of the benefits to be derived by the City of Stockton, Kansas and its inhabitants, as hereinafter set forth, and upon the terms and conditions as hereinafter set forth, from the establishment and operation of an electric transmission line through and beyond the said city by Central Telephone and Utilities Corporation, a corporation duly incorporated under the laws of the State of Kansas, there is hereby granted to said company, its successors and assigns, the right, privilege, and authority to erect, construct, install, maintain and operate an electric transmission line within the limits of said city for a period of 20 years from and after the date of the passage of this ordinance, and for that purpose there is hereby granted to said company the right, privilege, and authority during said period to erect, construct, install, maintain, and operate in, upon, over, across and along the several streets, avenues, alley, bridges, and public places, of said city, hereinafter named, set forth and described, all poles, wires, conduits, tunnels, cables, fixtures and appliances necessary or proper to carry on the business of constructing and maintaining a transmission line for: the transmission of electric current through the said City of Stockton, Kansas, and beyond the limits of said city.
Section 2. That all conduits, poles, wires, pipes and fixtures installed by virtue of this ordinance shall be so erected and maintained as to interfere as little as possible with traffic over the streets, avenues, alleys, and public places of said city. The route of the line shall be as follows: Commencing at a point approximately 450 feet west of Cypress Street on the north side of Main Street (U.S. Highway 1124), thence easterly along and parallel to Main Street a distance of approximately 330 feet, thence southeasterly a distance of approximately 150 feet to the city’s municipal power plant substation then continuing southeasterly approximately 300 feet to the south alley line between Main Street and south First Street, thence easterly along and parallel to said alley line to the junction of said alley and the north right-of-way of the Missouri Pacific Railroad Co., a distance of approximately 4,810 feet, thence northeasterly along and parallel to said rail right-of-way a distance of approximately 475 feet to the present east city limits, then north along and parallel to the east city limits approximately 150 feet to the north side of U.S. Highway 1124. The original location and relocation of all poles and towers, shall be fixed under the supervision of the governing body of the said city, or its authorized representative, but said supervision shall be such as is reasonable and commensurate with the proper installation, operation, and maintenance of said transmission line. Said grantee is hereby given the right within the limits of the streets and alleys above described, to trim and cut such trees and foliage as may be reasonably necessary to prevent the same from interfering with the safe and efficient operation and maintenance of its transmission line.
Section 3. That the company, upon receipt of 48 hours written notice shall raise or lower or otherwise alter its circuits to permit the passage of building, structures or equipment being lawfully used upon or moved along or across or into any street, avenue, alley or public place within the corporate limits of said city. The necessary expense which is incurred by the company for obtaining the clearance necessary for the passage of these obstructions under or across its circuits shall be paid by the person, firm or corporation moving or removing such building, structure or equipment.
Section 4. That the grantee, its successors and assigns, shall have the right to make such reasonable rules and regulations for the protection of its property and the conduct of its business as may from time to time by it be deemed necessary. Such rules and regulations to be subject to the review of the State Corporation Commission of the State of Kansas.
Section 5. The grantee, its successors and assigns in the construction, maintenance and operation of its electric transmission line shall use all reasonable and proper precautions to avoid damage or injury to persons or property and shall maintain and repair all poles and equipment of the grantee and shall hold and save harmless the City of Stockton, Kansas, from any and all damage, injury, expense or litigation caused directly or indirectly by the line of said grantee from any cause whatsoever, expecting the negligence of the city, its servants, agents or employees, and it shall be the duty of said grantee hereunder, its successors or assigns, to defend any or all litigation that may arise by reason of the line of said grantee from any cause whatsoever, and for such purpose at its own expense to employ counsel and do all other things necessary or requisite thereto, and to promptly pay and satisfy any or all final judgments or expenses of litigation arising therefrom.
Section 6. As compensation to the city for the granting of this franchise company will provide space on its poles for the city to under build their electric circuits below company’s electrical circuits, such spacing to be in compliance with the National Electric Code. Provisions for this space will be made by the company during construction of its transmission lines and shall be at the expense of the city. Any future requirements for additional space by the city shall be paid for by the city.
Section 7. The city shall use all reasonable and proper precaution to avoid damage or injury to persons or property from the maintenance and operation of its electrical circuit (under build) and shall hold and save harmless the company from any and all damage, injury, expense or litigation caused directly or indirectly by the operation of said lines of the city from any cause whatsoever, except the negligence of the company, its servants, agents or employees, and it shall be the duty of the city to defend any or all litigation that may arise by reason of the operation and maintenance of said lines and to promptly pay and satisfy any and all judgments or expense of litigation arising therefrom.
Section 8. The rights herein granted are upon condition that Central Telephone and Utilities Corporation, shall at no time during the term of this franchise engage in the business of distributing electricity in the City of Stockton, Kansas, unless the consent of the city to do so has been first obtained in writing and any attempt on the part of Central Telephone and Utilities Corporation to engage in such distribution business shall forfeiture of this franchise.
Section 9. This franchise is granted pursuant to the provision of K.S.A. 12-824- and due notice of the intention to pass this ordinance having been given in accordance with said statute.
(9-22-1981)