ORDINANCE NO. 2157
AN ORDINANCE GRANTING ARK VALLEY ELECTRIC COOPERATIVE ASSOCIATION, INCORPORATED, A KANSAS CORPORATION, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC, LIGHT, HEAT, AND POWER FRANCHISE, PRESCRIBING THE TERMS AND CONDITIONS THEREOF,
AND RELATING THERETO.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KINGMAN, KANSAS:
Section 1. That in consideration of the benefits to be derived by the City of Kingman, Kansas, and its inhabitants, there is hereby granted to Ark Valley Electric Cooperative Association, Incorporated, hereinafter designated as Grantee being a Kansas corporation, the right, privilege and authority for a period of five (5) years from the effective date of this ordinance, to occupy and use the present and future streets, avenues, alleys and other public places of said City exclusive to the Grantee’s service territory located in T27S, R7W, Section 31, for the placing and maintaining of electric distribution and transmission lines, together with all necessary and desirable appurtenances, including underground conduits, poles, towers, ground level transformers, wires, and other appurtenances, necessary to carry on the business of selling and distributing electricity to its customers within the Grantees service territory within the City of Kingman, Kansas, its inhabitants, and persons and corporations; to obtain said electricity from any source available; and to do all things necessary or proper to carry on said business of selling and distributing electricity for light, heat, power, and other purposes.
Section 2. As further consideration for the granting of this franchise, and in lieu of any City occupation, license, or revenue taxes, the Grantee shall pay to the City during the term of this franchise five percent (5%) of its gross revenues from the sale of electric energy to all customers served within the corporate limits of said City, such payments to be made annually for the preceding 12 months.
Section 3. That the Grantee, its successors and assigns, in the construction, maintenance, and operation of its electric transmission, distribution, shall use all reasonable and proper precaution to avoid damage or injury to persons or property, and shall hold and save harmless the City of Kingman, Kansas, from any and all damages, injury and expense caused by the sole negligence of said Grantee; its successors and assigns or its or their agents or servants. The Grantee, its successors and assigns, in the construction, maintenance, and operation of its electric transmission and distribution shall follow all City codes as adopted by the City of Kingman.
Section 4. That within sixty (60) days from and after the passage and approval of said ordinance, said Grantee shall file with the City Clerk of said City of Kingman, Kansas, its unconditioned written acceptance of this ordinance.
Section 5. That Ordinance Number 2075 is hereby repealed.
Section 6. That this ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, from and after its passage, approval, publication as required by law, and acceptance by Grantee.
Section 7. This franchise is granted pursuant to the provisions of K.S.A. 12-2001.
ADOPTED and APPROVED by the Governing Body of the City of Kingman, Kansas, this 23rd day of April, 2026.
THE GOVERNING BODY OF THE
CITY OF KINGMAN, KANSAS
/s/ Tracy Winsor
Tracy Winsor, Mayor
(Seal)
Attest:
/s/ Zachary Bieghler
Zachary Bieghler, City Clerk
