APPENDIX B – FRANCHISE ORDINANCES\ORDINANCE NO. 98-390 : STREET LIGHTING AGREEMENT

AN ORDINANCE authorizing and embodying an Agreement between the City of Kechi, Kansas, and Kansas Gas and Electric Company, a Kansas corporation, its successors and assigns, for electric service and equipment to light the streets, alleys and public places of the City for a term of years, providing the compensation to be paid by the City therefor and the terms and conditions of such contract, and providing for its acceptance.

BE IT ORDAINED by the Governing Body of the City of Kechi, Kansas, as follows:

Section 1. That the City of Kechi, Kansas, is hereby authorized to and does contract with Kansas Gas and Electric Company, a Kansas corporation, its successors and assigns for the furnishing by said Company of electric service and equipment to light the streets, alleys, and public places of the City, in accordance with the terms and provisions hereinafter set out, which contract is as follows:

"STREET LIGHTING AGREEMENT

"THIS AGREEMENT, made and entered into this 26th day of February, 1998, by and between the City of Kechi, Kansas, hereinafter referred o as City' and Kansas Gas and Electric Company, a Kansas corporation, its successors and assigns, hereinafter referred to as `Company',

"WITNESSETH:

"WHEREAS, the City desires to continue the benefits of a modernized street lighting system without incurring the cost and expense of purchase or construction and installation of the necessary equipment and facilities therefor, and Company is willing at its own cost and expense to provide, own, maintain and operate the same, and supply the necessary electric energy therefor, all in accordance with the terms and provisions hereinafter set out, and it is hereby agreed as follows:

"1. Company will provide, construct and install in place, ready for operation, certain street lighting equipment, consisting of lamp posts or other supports, brackets, lamps and globes, wiring and supports for wiring, conduits and other appliances and equipment necessary to provide and illuminate streetlights of the following described types, the same to be located on certain streets and other public places, all as shown on a street lighting Location Map now on file in the City Clerk's office, bearing the signed approval of the Mayor dated February 26, 1998, which map, with its designations and descriptions, or explanatory data, is hereby approved, namely:

TWO (2) - 7,000 LUMEN MERCURY VAPOR STREET LIGHTS ON WOOD POLES SERVED OVERHEAD

TWO (2) - 7,000 LUMEN MERCURY VAPOR STREET LIGHTS ON CONCRETE POLES SERVED UNDERGROUND (CITY BILLED WOOD POLE OVERHEAD)

NINE (9) – 10,000 LUMEN MERCURY VAPOR STREET LIGHTS ON WOOD POLES SERVED OVERHEAD

TEN (10) - 5,800 LUMEN HIGH PRESSURE SODIUM STREET LIGHTS ON WOOD POLES SERVED OVERHEAD

TWENTY-SIX (26) - 5,800 LUMEN HIGH PRESSURE SODIUM STREET LIGHTS ON WOOD POLES SERVED UNDERGROUND (CITY BILLED WOOD POLE OVERHEAD RATE)

SEVEN (7) - 5,800 LUMEN HIGH PRESSURE SODIUM STREET LIGHTS ONFIBERGLASS POLES SERVED UNDERGROUND (CITY BILLED WOOD POLE OVERHEAD RATE)

EIGHT (8) - 9,500 LUMEN HIGH PRESSURE SODIUM STREET LIGHTS ON WOOD POLES SERVED OVERHEAD

All of the above lights are to be served and supplied by overhead conductors, except TWENTY-EIGHT.

"Company is to retain ownership of all the foregoing equipment, with right to remove the same upon termination of this Agreement.

"2. Company will also at its sole cost and expense operate and maintain the above-described equipment, including the maintenance and repair of standards, poles, overhead conductor and fixtures, inspection, cleaning of glassware and replacement of lamps during the life of this Agreement. Company will also provide, and City will use and purchase from Company, all electric energy necessary for the illumination of said lights.

"3. In consideration of all the foregoing to be provided and supplied by the Company, City shall pay to Company the sum of the aggregate of the rate per unit for such service embodied in the Company's street lighting service rate schedule, copy of which is on file with the City Clerk, in the amount of Five Thousand Six Hundred Fourteen and 18/100 ($5,614.18) annually, plus applicable fuel adjustment, tax adjustments, Research and Development surcharge and any other appropriate adjustments ordered by the State Corporation Commission, or other regulatory tribunal having jurisdiction, such rates and the resultant aggregate annual payment being, however, subject to change or modification, pursuant to order of the State Corporation Commission, or other regulatory tribunal having jurisdiction, subject to the right of either party to review such action in the courts. Each annual payment shall be made in twelve (12) equal monthly installments, payable within fifteen (15) days after receipt of bills from the Company, and to be mailed to Company, Wichita, Kansas.

“4. (a) Upon order or resolution of the Governing Body of the City, Company will from time to time provide and supply additional lights to the system and the City shall pay for such additional service at the rates then currently in effect according to the Company's street lighting service rate schedule applicable to said City.

(1-2-98)