ORDINANCE NO. 281
AN ORDINANCE PROVIDING FOR THE PURCHASE OF ELECTRIC CURRENT BY THE CITY OF TROY, KANSAS, FROM THE KANSAS POWER AND LIGHT COMPANY, A KANSAS CORPORATION, ITS SUCCESSORS OR ASSIGNS, FOR STREET LIGHTING, WATER PUMPING, AND OTHER MUNICIPAL PURPOSES; AND FOR RESALE BY SAID CITY TO ITS INHABITANTS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:
SECTION 1. That the City of Troy, Kansas, (hereinafter called “city”) shall purchase and procure electric current for the use of said city and its inhabitants from The Kansas Power and Light Company, a Kansas corporation, (hereinafter called “company”), its successors and assigns, on the terms and conditions as follows:
Company shall sell to city and city shall buy from company all electric energy to be used by city for the following purposes only:
(a) For resale to the inhabitants of the city of Troy, Kansas, and contiguous territory.
(b) For the operation of city’s street lighting system and water pumping plant, and for all incidental purposes in connection therewith.
2. The energy to be furnished by Company hereunder shall be three-phase alternating current of the frequency of approximately sixty (60) cycles and a potential of approximately 2400 volts, and not lower than 2350 volts or higher than 2450 volts.
3. Electric energy to be delivered hereunder shall be delivered over a 13,200 volt three-phase transmission line extending from Company’s facilities at Atchison, Kansas, to a substation at the city limits of the City of Troy, Kansas, in transmission line to be constructed, maintained and operated by Company at its own cost and expense. Energy shall be delivered, measured and accepted by city at 2400 volt meter in Company’s substation used for supplying electric service, and to be located at 1/2 blk. S. of Jones Street on Highway No. 36 said 2400 volt meter in said substation to constitute the point of delivery hereunder.
City shall maintain in good order all pole lines, wiring and other apparatus on its side of the point of delivery which shall be necessary for the proper reception by city of electrical energy to be delivered by company hereunder and for its distribution and use beyond said point. All electrical construction and equipment installed by city shall be of types which will not interfere with other service rendered by company. Company and city shall be wholly responsible for injury or damage to persons or property occurring on their respective sides of the point of delivery above designated, and each of said parties shall indemnify the other from any loss or damage to persons or property occurring on their respective sides of said point of delivery.
4. Company shall stand ready to supply city during the term of this Ordinance with approximately 150 kilowatts of electrical capacity. Should city desire to increase its electrical demand it shall give company at least sixty (60) days written notice of its intention so to do and at the end of said sixty (60) day period company shall stand ready to supply city’s additional demand as indicated by said notice.
5. City shall pay to company monthly on or before fifteen (15) days after rendition of bill for electric service rendered during the preceding month, on the basis of the following rates for service and subject to the terms and conditions following:
First 4,500 KWH used in any one month — 5¢ per KWH
Next 4,500 KWH — 4¢ per KWH
Next 4,500 KWH — 3¢ per KWH
Next 4,500 KWH — 2¢ per KWH
Excess — 1 1/4¢ per KWH
Minimum charge — $400.00 per month
Company shall render bills for energy furnished pursuant to the terms of this ordinance on or about the 1st day of the month following the month in which service is rendered and city shall pay such bills within fifteen (15) days after same are rendered.
In the event that any such bill is not so paid, then company temporarily suspend the furnishing of electrical energy to city and terminate its obligation hereunder; provided, however, that nothing herein contained shall release city from payment of any sum due for service furnished prior to such termination.
6. The company also agrees that if within the term of this contract it shall raise or attempt to raise the schedule of rates as they are set forth herein, or shall make application for an increase of said rates to tribunal having jurisdiction in such matters, then the city reserves the right to cancel this contract upon sixty days written notice and by action of the governing body.
7. Company shall furnish electrical energy and city shall purchase and accept same from company under the terms and conditions herein set out for a period of ten years from the date when service is commenced hereunder.
8. Company shall be ready to deliver electrical energy hereunder to city and city shall be ready to accept same on the first day of April, 1932.
9. The term “month” as used in this ordinance shall be construed to mean the period between any two consecutive meter readings by company of the meters installed herein, such readings to be read as nearly as may be practicable at the end of each calendar month.
10. Company shall provide at its own expense and maintain during the period of this ordinance metering equipment at substation designated herein as point of delivery to accurately measure current delivered by company to city; said metering equipment shall at all times be subject to test either by company or city to determine the accuracy of said metering equipment. If at any time said metering equipment shall be found by test to be incorrect in excess of two per cent either fast or slow, then adjustment shall be made accordingly for previous thirty days’ period.
11. Company shall endeavor to maintain adequate and continuous service, but shall not guarantee that the supply of electrical energy will at all times be constant. Temporary cessation of company’s service hereunder occasioned by fire, explosion, flood, strike, insurrection, mob violence, governmental interference, break-down or injury to machinery or distributing lines, or other accidents or causes not reasonably within company’s control shall not constitute a breach of any obligation on the part of company hereunder and company shall not be liable to city for any damages resulting from such temporary cessation of service.
SECTION II. Company shall, within thirty (30) days after the passage, approval and publication of this ordinance, file with the City Clerk of Troy, Kansas, its written acceptance of the terms and conditions of this ordinance. And on the filing of such written acceptance this ordinance shall constitute a valid and binding contract between company and city and their successors and assigns for the period of ten years from the date service is commenced hereunder as above provided.
SECTION III. This ordinance shall be in full force and effect from and after the date of its passage, approval and publication in the manner provided by law and after its acceptance by company as herein provided.
PASSED AND APPROVED THIS 17TH DAY OF FEBRUARY, 1932.
(SEAL)
ATTEST: ____________________
CITY CLERK
MAYOR