ORDINANCE NO. 447
An ordinance granting Wheatland Electric Cooperative, Inc. (or Cooperative) its successors and assigns, the franchise and right to construct, operate and maintain electric transmission and distribution lines, facilities or systems within the corporate limits of the City of Norwich (or City), State of Kansas, to transmit, distribute and sell electric energy to the said City and its inhabitants, and to transmit electric energy through the said City for distribution and sale to residents outside the City.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORWICH, STATE OF KANSAS, THAT:
Section l
Wheatland Electric Cooperative, Inc., a corporation organized and existing under and by virtue of the laws of the State of Kansas, its successors, lessees or assigns, said Cooperative being a cooperation, operating a system for the transmission of electric current between two or more incorporated cities in the State of Kansas, into and through which it has built transmission lines, is hereby granted the franchise, privilege and right for 20 years, to construct, operate and maintain electric transmission and distribution lines or systems within the limits of the City of Norwich, Kansas, hereinafter called the City (as said limits are presently constructed or may in the future be extended), to transmit distribute and sell electric energy to the City or its inhabitants, and for sale to residents outside the City. This franchise, privilege and right is nonexclusive, and nothing herein shall be construed to prevent the City from granting similar franchises, rights or privileges to any other person, firm, corporation or entity as permitted by law.
Section 2
The grant herein made includes the further right and privilege to construct, operate, maintain and repair, relocate and extend said electric lines or systems including all poles, wires, cables, conductors, conduits, anchors, guys, transfonners, transfonner stations, and all fixtures and facilities necessary for the convenience of the Cooperative’s business along, upon, over, under, through and across the streets, alleys, and public grounds, within the said City (as said streets, alleys, and public grounds
are presently laid out or as they may be laid in the future.) This grant includes the right to enter upon such lands as necessary to carry out the privileges and obligations granted hereunder.
Section 3
Said electric lines or systems, poles, wires, cables, conductors, conduits, anchors, guys, transformers, transformer station, and all fixtures and facilities necessary for the
operation of the Cooperative’s business, shall be constructed, operated, maintained, repaired or relocated in such places and manner as will be consistent with necessity, and cause the least inconvenience with other public uses of such streets, alleys or public grounds. When Cooperative shall do any work of construction, repair or maintenance of said system in the course of which any pavements, curbing or gutter upon any street, alley, bridge or public place shall be excavated, Cooperative shall properly protect excavations and shall promptly restore such street, alley, bridge or public place as far as practicable to as good condition as before such work was done. Cooperative will hold the City harmless from any liability arising from the negligent acts or omissions of said Cooperative. Cooperative shall provide and keep in force public liability insurance with a limit of at least one Million Dollars ($1,000,000.00) for bodily injury and property damage and at least Five Million Dollar ($5,000,000.00) Umbrella policy. Cooperative shall maintain on file at the Office of the City Clerk a current Certificate of insurance verifying such public liability coverage.
Section 4
As consideration for the granting of this franchise, the Cooperative shall:
a) Operate and maintain the existing standard street lighting system for the City and in the event of growth of the City or reasonable need for change, modification or improvement of said street lighting system as the Cooperative and the City may agree upon, and upon terms that are fair, reasonable and just to the Cooperative and the City and, if applicable, in accordance with the latest legally adopted rates, rules and regulations of the Cooperative.
b) For the cost of operation and maintenance of said street lighting system, the City agrees to pay the Cooperative in accordance with the Cooperative’s latest public street lighting rate schedule or succeeding rate schedule.
c) The Cooperative agrees to sell and deliver unto the City during the period of this franchise such energy as may be required by the City for heat, power and other end uses the governing body of the City shall direct, all in accordance with its current rate schedule or any succeeding legally adopted rate schedule.
d) Nothing in this franchise shall be construed to limit or waive the City’s authority 1mder K.S.A. 12-2001 to fix by ordinance a reasonable schedule of maximum rates to be charged to the City an.d its inhabitants, to the extent applicable by law. Any such rate-setting authority shall be exercised in accordance with applicable law. However, if the City does set a maximum rate schedule in an amount less than the Cooperative’s rate schedules used to serve the City and its inhabitants, the Cooperative has the right to terminate this agreement with ninety
(90) days’ written notice prior to such termination.
e) The Cooperative, its successors and assigns, shall locate its electric lines or system in the streets, avenues, alleys and other public places in such a manner as to cause the least interference with the use of said streets, avenues, alleys and public places. At times when City causes public improvements to be made to any streets, avenues, alleys or other public places within the City that are occupied by Cooperative’s electrical facilities or system, Cooperative shall, at the request of the City, relocate its electrical facilities or system at Cooperative’s expense to conform to the City’s planned improvement. However, if the City requires that the Cooperative locate or relocate its facilities underground, the City will pay the Cooperative the difference between the cost to build facilities underground as opposed to overhead. If said Cooperative is required to move, alter or rebuild any of its electrical facilities or system not located on public right-of-way, the cost of moving altering or rebuilding sa.id facilities or system not located on public right-of-way, and including the cost to build underground, shall be borne by the requesting party. In the event City vacates or otherwise abandons a City right-of-way on which Cooperative facilities or systems are located, or planned to be located, the ordinance and contract selling, vacating or abandoning such City right-of-way shall provide a City-granted easement to Cooperative.
f) The Cooperative’s rights and obligations under the franchise agreement may be terminated by the Cooperative if the City, or an entity owned, operated, controlled or affiliated with the City, begins to provide electric service to customers within the City’s boundaries or within three (3) miles thereof. If Cooperative elects to cease exercising any of its rights or obligations under this franchise pursuant to this provision, the Cooperative shall give the City ninety (90) days’ written notice prior to such termination.
Section 5
In consideration of the premises, the Cooperative agrees to pay to the City, and the City agrees to accept as adequate compensation and consideration for the franchise hereby granted and in lieu of occupation, license, privilege and all other taxes and foes, (5%) five percent of the total of the gross receipts for electric energy sold by the Cooperative to all consumers located within the City’s boundaries during the term of this franchise. Any consideration hereunder shall be reported and paid to the City by the Cooperative monthly. Such payments shall be made no more than thirty (30) days following the close of the period for which payment is due, for the years in which the franchise remains in effect. Such payments shall be rendered in the form of a check made payable to the City of Norwich. The term “gross receipts,” as used in this Section shall include all receipts from the sale of electric energy as used in the City, and shall exclude electrical energy sold for resale. The City may elect to exclude receipts from(!) electrical energy sold to the United States or the State of Kansas or to any agency or political subdivision thereof, and (2) the electrical energy used by public utilities and institutions not operating for profit, churches and charitable
institutions, provided it provides Cooperative 90 days’ notice of such request in writing. The Cooperative may elect to exclude receipts from electrical energy sold to a specific customer when such exclusion is necessary to attract or retain the business
of that customer.
Section 6
The City shall have access to and the right to examine, at all reasonable times, all books, receipts, files, records and documents of Cooperative necessary to verify the correctness of said payments.
Section 7
The Cooperative, its successors and assigns, in the construction, maintenance and operation of this electric system, under the rights and privileges herein granted, shall exercise reasonable and proper precaution to avoid damage or injury to persons or property and shall hold and save harmless the City, from any and all damage, injury and expense caused by the negligence of said Cooperative, its successors and assigns, or its agents or servants.
Section 8
The Cooperative is hereby granted the privilege of trimming such trees located within the City’s streets, alleys, rights-of-way, and easement boundaries as may interfere with the safe and proper construction and operation of the electric system. The Cooperative shall exercise this right, so far as reasonable, in a manner that maintains aesthetic quality of the trees trimmed.
Section 9
All rights, privileges and authority granted to the Cooperative hereunder shall inure to the benefit of the Cooperative’s successors, lessees and assigns, subject to the tenns, provisions and conditions herein contained, and all obligations imposed upon the Cooperative hereunder shall be binding upon the Cooperative’s successors, lessees and assigns.
Section 10
Within sixty days from and after the passage and approval of this franchise agreement by the City Council, said Cooperative shall file with the City Clerk of said City, its written unconditional acceptance of this franchise. Any expenses associated with the publishing of this ordinance as required by statute shall be paid by the Cooperative.
Section 11
Any and all ordinances in conflict with the terms hereof are hereby repealed.
Section 12
This franchise shall become effective as provided by law. The term of this franchise shall be twenty (20) years from t11e effective date of iliis ordinance. Upon the Cooperative’s written acceptance of this franchise, as provided in section 10, and upon receipt and recording of that acceptance by the City, this franchise shall become a binding agreement between the parties.
Section 13
Nothing in this franchise ordinance shall be construed to limit, surrender, waive or impair any authority, power, right or remedy now or hereafter granted to the City under
K.S.A. 12-2001 et seq. or other applieable law, exeept to the extent expressly provided by law.
Section 14
This franchise is granted pursuant to the provisions of K.S.A. l 2-2001, et seq. Passed and approved iliis 5th day of October 2026.
City of Norwich, Kansas
[seal]
By __________________
Mitch Hewitt, Mayor
By ____________________
Carol Poe,
City Clerk
