Wilson Franchise Ordinance with Rolling Hills Electric Cooperative

(First Published in the Ellsworth County Independent/
Reporter, July 26, 2018)

ORDINANCE 846

BEING AN ORDINANCE, GRANTING ROLLING
HILLS ELECTRIC COOPERATIVE, INC., A KANSAS
CORPORATION, ITS SUCCESSORS AND ASSIGNS
THE RIGHT TO USE THE STREETS, AVENUES, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF WILSON, ELLSWORTH COUNTY, KANSAS, FOR THE PURPOSE
OF CONSTRUCTING, PLACING, MAINTAINING
AND OPERATING ELECTRIC TRANSMISSION
AND DISTRIBUTION FACILITIES FOR THE PURPOSE
OF SERVING THE CITY OF WILSON, KANSAS,
AND ITS INHABITANTS, WITH ELECTRICTY FOR
ALL PURPOSES; AND REPEALING ORDINANCE NO. 817 AND ALL OTHER ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT WITH OR
CONFLICTING WITH THE TERMS HEREOF.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WILSON, ELLSWORTH COUNTY, KANSAS.
Section 1. That in consideration of the benefits to be derived by the City of Wilson, Ellsworth County Kansas, and its inhabitants, there is hereby granted to the Rolling Hills Electric Cooperative, Inc. its successors and assigns, the right, privilege, and authority to use and occupy the streets, avenues, alleys and other public places of the City of Wilson, Kansas, and all additions thereto, for the purpose of constructing, placing, maintaining and operating electric transmission and distribution lines and all other equipment, facilities and appurtenances necessary in the business of transmitting, distributing and selling of electricity for all purposes in the City of Wilson, Kansas, and its inhabitants, and through said City of Wilson, Kansas, and beyond the limits thereof, for a period of five (5) years from the effective date of the passage of this ordinance;  and to do all things necessary or proper to carry on the business of transmitting, distributing and selling electricity in the City of Wilson, Kansas.
Section 2.  In consideration of and as compensation for the granting of this franchise by the City of Wilson, Kansas, and in lieu of all occupation and license taxes, and any or all other fees, Rolling Hills Electric Cooperative, Inc. shall pay to the City of Wilson, Kansas, five percent (5%) of its gross revenue derived from the sale of electric energy within the corporate limits of said City.
This payment is to be made monthly as provided by law, as soon as possible at the close of each monthly period of this franchise, and shall be accompanied by the statement of gross revenues for such period.  The City of Wilson, Kansas, shall have the right, at all reasonable time, to inspect the books for Rolling Hills Electric Cooperative, Inc. to ascertain the correctness of any amount payable hereunder.
Section 3. Rolling Hills Electric Cooperative, Inc. shall indemnify and defend the City of Wilson, its Mayor, Council, officers, agents and employees, and any and all other public employees of the City of Wilson, Kansas, and their members, officers, agents and employees, against any and all liabilities or injury or death of any person or any damage to any property caused by Rolling Hills Electric Cooperative, Inc., its officers, agents or employees, in the construction, operation, or maintenance of its property or arising out of the exercise of any right or privilege under the franchise.
Section 4. The franchise may be forfeited, at the option of the City of Wilson, Kansas, upon failure or refusal by Rolling Hills Electric Cooperative, Inc. to observe the terms and conditions as set forth herein.  Forfeiture may be exercised by written notice to Rolling Hills Electric Cooperative, Inc. of failure to observe the terms and conditions hereof, followed by Rolling Hills Electric Cooperative, Inc. refusing to eliminate or correct such failure or violation within thirty (30) days.  In the event of any failure or violation, the City of Wilson, Kansas may sue in its own name in the manner provided by law for the forfeiture of the franchise without the necessity of resorting to procedures in quo warranto, and the exercise of such remedy of forfeiture shall not preclude exercise of any other right or remedy given to the City of Wilson, Kansas by law, whether exercised concurrently or subsequently.
Section 5. Rolling Hills Electric Cooperative, Inc. shall at all times keep at its office or offices full and complete plans, maps, and records showing the exact location of all franchise equipment and facilities installed in the streets, alleys and other public places within the corporate limits of the City of Wilson, Kansas.  Rolling Hills Electric Cooperative, Inc. shall file with the City Clerk of Wilson, Kansas upon written request of the Mayor of said City, a current map or set of maps showing the location of all franchise equipment and facilities installed in the streets, alleys, and other public places within the corporate limits of the City of Wilson, Kansas.
Section 6. This ordinance is subject to the provisions of K.S.A. 12-2001 and any and all ordinances and parts of ordinances inconsistent with or conflicting with the terms hereof, are hereby repealed as provided in K.S.A. 12-3004.
Section 7. This ordinance shall be published once each week for two (2) weeks in the official city paper, The Ellsworth County Independent / Reporter.
Section 8. This ordinance shall take effect and be in force after the passage and approval thereof by the governing body of the City of Wilson, Kansas, and its publication as provided by law, the effective date being after the expiration of sixty (60) days from its final passage; provided, however, Rolling Hills Electric Cooperative, Inc. shall within sixty (60) days after its passage, approval and publication as provided by law, file with the Clerk of the City of Wilson, Kansas, its written acceptance of said franchise rights and privileges as herein granted.
Passed and approved by the Governing Body of the City of Wilson, Kansas this 16th day of July, 2018.

LARRY PTACEK, Mayor

ATTESTED:

SUSAN KRILEY, City Clerk

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