ORDINANCE N o.. ^ BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF THE CITY.OF,LAWRENCE,'KANSAS: That in consideration of the payments

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1 V ORDINANCE N o.. ^ ^ An Ordinance granting to The Kansas Electric Power Company an electric franchise, prescribing -the terms and conditions thereof, and repealing all ordinances or parts o f ordinances inconsistent therewith. BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF THE CITY.OF,LAWRENCE,'KANSAS: V Section-1. That in consideration of the payments to be-made as hereinafter provided and of the' benefits to be derived by the City of Lawrence, Kansas (into which City The Kansas Electric'Power Company; a; corporation operating a system for the transmission of electric current between two or more: incorporated cities' in the State of Kansas, has heretofore built its transmission lines) there is hereby granted by said City to said The Kansas Electric Power Company (a Kansas corporation operating under a charter-which continues until June 16, 1972), its 'successors and assigns, sometimes hereinafter designated as the Company, the right, privilege and authority, for the term and period of twenty-five (25)' ' years from the effective ;date of'-thik ordinari'ce, to,maintain and operate its present electric system in said City and for such purpose and for the purpose of the -renewalreplacement and extension of said system, to occupy and use the present and future streets, avenues, alleys, bridges, parks, parkings and public places in said City for the construction, installation, maintenance and operation of buildings,^ substations,, towers, poles, wires^ anchors, cables, conduit, transmission and distribution lines and such other appurtenances, appliances

2 f- -2^ V and equipment as may be necessary or proper^ for. the purpose of selling and distributing electric energy-for air purposes' in and. to said Gity-of Lawrence and'to the inhabitiants of said City, and transmitting such electric energy through said C it y and bey o nd t he:1 ir^t s t he r e of; -.and 10 do all t hing s necessary or proper to carry on the electric/business, in the.! said City of Lawrerice.' Section 2. That all towers, poles, wires and,' i appurtenances shall be so located, constructed andimaintained, as not'to ob^ruct,or interfere with any existing structures, or installations. That said Company shall-, in doing,,any work, in connectioh with the,construction.'or ^ its electric, system, avoid, so far'as may-be practical, interference with,, the..use of any street", a l l e y t h o r o u g h f a r e or 01he r publi c p1ac e, a n d,in t h e eyent of.any damage ^t he reto shall at its own expense promptly; restore-the same to as good condition as.before said work was commenced'; Section 3 *.That sard* Company shail^ in the' con- ' struction, maintenance and operation'of;its^ electric system, use all reasonable and proper precaution to.avoid damage or injury to persons or property, 'and shall hold.and save harmless the City of Lawrence from.any and' all damiage, loss, cost or expense caused by the negligence, of the Company, its agents,^ servants or, employees. a--.

3 Section -5 has-been amended to redd 'three per cent (3^1

4 r J\ 1/ -3- Section I*,. That said. Company shall maintain such transmission and.distribution lines, towers, poles, wires.and^ appurtenances as may be necessary.to furnish-4n adequate' supply, of electric; energy to said City and.the inhabitants, thereof. That said Company shall make all reasonable, efforts - to. furnish continuous, :twenty-four.(24')v Kour' electric service,> '. ' 4 «' but it is understood and agreed that the.. Company does'not guarantee an uninterrupted supply of electric current and, shall not be^ held liable for any interruptions in "the service supplied hereunder. Section ''5/' That' in consideration, o f the- right j privilege'and franchise hereby granted and as compensation, therefor, and in lieu of any license' or occupation tax. or- other charge, said Co'mpany. shiall pay-to said City o n 'or before the 3l3t day of January and July r.pf.each year, an amount equal to two per cent (2^) of the gross income derived from the sale of electric energy to consumers within the' City of Lawrence (exclusive of sales to said City) during the preceding six (6) monthsv period, as recorded on the books of said Company; Said City, through its duly authorized representatives,.jshali; have access to and the right to examine such books and-records of the' Company as may be necessary. to verify the amount of. such semiannual payment or to correct the same, if found;to be erroneous.

5 -fa Section 6. That any and a ll ordinances' or parts, of ordinances in c o n flic t with the. terms hereof are hereby rep ea led.. Section 7..That,this ordinance shall become^ e ffe ctiv e and be i h Torce from and-after it s passage, approval and publication;as.required by:^ law, and, the-' f i l i n g ' by- said * ' t -. ' ^ Company o f its written acceptance thereof vdth the City Clerk; o f said City of Lawrence within sixty (60) days a fter the passage and approval o f said brdin'^ce. Section That the foregoing franchise is granted under and in conformity with the provisions of the General Statutes of Kansas, 1935, Passed and approved th is ^ day o f A ttest: City Clerk City Clerk."