AN ORDINANCE REPEALING ORDINANCE NO. 119-B AND GRANTING TO FOUR RIVERS, OR ITS SUCCESSORS IN INTEREST OR ASSIGNS, A FRANCHISE FOR A PERIOD OF TWENTY YEARS, TO CONSTRUCT, MAINTAIN AND OPERATE A SYSTEM OF ELECTRIC LINES, CONDUITS AND ALL OTHER NECESSARY STRUCTURES AND APPARATUS IN THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF BUFFALO, KANSAS, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING AND SELLING ELECTRICITY TO SAID CITY, ITS INHABITANTS AND THE PUBLIC GENERALLY AND DOMESTIC, COMMERCIAL AND INDUSTRIAL USES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BUFFALO, KANSAS:

Section 1. That there is hereby granted unto Four Rivers, its successors in interest and assigns, for a period of twenty years from the 1st day of January, 1981, the right, privilege and franchise to construct, maintain and operate a system of electric lines, conduits and all other apparatus in the present and future streets and alleys in the City of Buffalo, Kansas, for the purpose of transporting, distributing and selling electricity to said city, its inhabitants and the public generally for domestic, commercial and industrial uses,, together with the right to enter upon the streets, alleys and other public places of said city for the purpose of constructing, maintaining and operating said systems of electric lines, conduit and all other necessary structures and apparatus.

Section 2. That the said electric lines, conduits and other necessary structures and apparatus shall be constructed, maintained and operated in such manner as will, consistent with necessity, least interfere with other public uses of said streets, alleys and other public places of said city, and in such manner that they shall not be unnecessarily obstructed. The city hereby retains the right of reasonable regulation of the construction, and maintenance of any electric lines, conduits, structures and apparatus, all of which shall be constructed and maintained in accordance with accepted good practice in the electric industry for similar structures.

Section 3. The rates to be charged by the grantees for the electric service to be furnished under this franchise to be such rate as is fair and proper and as may have the approval of the Kansas Corporation Commission, or any public authority having jurisdiction to so act as provided in K.S.A. Suppl. 1979, 17-4604 and any amendments thereto.

Section 4. That grantees shall, at all times, save granter harmless from any and all damages, judgments, costs and expenses which the grantor may suffer or incur by reason of the negligent use and occupation of any street, alley or public place in the City of Buffalo, Kansas, pursuant to the terms of this ordinance: Provided, however, that in the event of such claim or claims being asserted or prosecuted against the granter, it shall give grantees timely notice, thereof, and grantees shall have the right to defend against such claim or claims, and to settle and discharge such claim or claims in any manner the grantees may see fit.

Section 5. That grantees shall not be liable in any manner for any shortage or failure of the supply of electricity or the distribution thereof when such shortage or failure is reasonably due to conditions beyond the control of the grantees.

Section 6. That as a further consideration for the rights, privileges and franchise hereby granted, grantees, their successors and assigns, while operating under this franchise, shall pay to the grantor the sum of $420 per year, upon the effective date of this franchise, and in consideration thereof, this shall be deemed a contract equally binding upon the grantees, their successors and assigns.

(09-08-1980)