AN ORDINANCE PROVIDING FOR THE PURCHASE OF ELECTRIC ENERGY FOR THE OPERATION OF THE ELECTRIC DISTRIBUTION SYSTEM IN THE CITY OF MONTEZUMA, KANSAS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE CENTEL CORPORATION, WESTERN POWER, FOR SUCH SERVICE.

Section 1. Company agrees to sell to customer and customer agrees to purchase from company and apply for electric energy to be used on customer’s electric distribution system located in or near the City of Montezuma, Gray County, Kansas. The electrical energy herein contracted for will be used by customer for resale to the inhabitants of the customer, for the operation of the street-lighting system and the water-pumping plan of the customer and for other incidental purposes in connection therewith. Customer agrees to purchase from company all of the energy required for the above purposes and agrees not to use energy under conditions or for purposes other than those provided for herein. The customer agrees to provide free of charge to company a suitable location for company’s step-down transformer and metering equipment, convenience of access to employees of the company, and customer further agrees to furnish to company a right-of-way over customer’s premises for the location of necessary lines and apparatus of company. The point of delivery at which energy will be supplied, measured, and accepted hereunder will be at company’s meter located at substation east of cit. The energy shall be delivered as three phase, 60 cycle, alternating current of a nominal +- 10 percent voltage of 2400/4160Y volts at the point of delivery and in the amount of approximately 2500 kilowatts. The energy herein contracted for will be furnished by company to customer and will be accepted by customer for a period of 10 years from December 5, 1983.

Section 2. The customer may from time to time cause to be increased the amount of energy to be delivered hereunder by making written request upon the company stating the amount of additional energy desired, such request to be made at least 90 days prior to the time such additional energy is required by the customer.

Section 3. Each month the customer will pay to the company at its office within 10 days of rendition of bill for all energy delivered to the customer during the preceding month an amount determined in accordance with Rate Schedule 83-MV\t1-1-5 attached hereto and made a part of this contract. The minimum monthly bill will be as provided in the rate schedule. The rate schedule above referred to constitutes the present legal rate of company for the class of service contracted for and is subject to change by order of the legally constituted rate-making body having jurisdiction over the company’s rates. A month as used in this contract will mean the period between any two consecutive regular readings by the company of the meters at the customer’s premises, such readings to be taken as near1y as may be practicable every 30 days.

Section 4. No allowance will be made on any bill on account of claim of inaccuracy of measurement, unless the customer, in writing, requests allowance within 30 days from date of such bill. The customer may install measuring instruments at its own expense for the purpose of checking the measurements made by the company, such instruments, if installed, to be subject to test for accuracy as provided in the case of the company’s instruments. In case of question as to the accuracy of the company’s measuring instruments, either party will have the right at any time, from time to time, upon giving 48 hours written notice to the other party to have them tested with both parties represented at the test, and if necessary, recalibrated. If it should be shown by test that any of the measuring instruments are incorrect, proper allowance as indicated by such test will be made to the party entitled thereto, but not for a longer period than 30 days prior to the time when written complaint of inaccuracy is made. If the company’s measuring instruments should fail to register at any time during the month, the energy delivered during such months will be estimated upon the basis of the amount of energy delivered during the last preceding month, or next succeeding period of one month that customer’s plant is operated under conditions similar to those existing during the month in which the instruments failed to register, or if customer should have its own instruments will be based on the registration of the customer’s instruments. The expense of any test and recalibration will be borne by the customer if the company’s meter should be found to be accurate within two percent, otherwise the cost of the test will be paid by the company. No allowance in the charge for energy will be made the customer unless the error of the meter or meters should exceed two percent.

Section 5. Customer shall, at the metering point install at its own risk and expense circuit breakers or reclosers for the protection of each distribution circuit leaving the metering point. Such installation and maintenance shall be selected and applied, not to cause disturbances on the company’s line that will affect service to other non-municipal customers of the company served from the same primary system. Customer shall install and maintain its distribution system apparatus to conform to latest National Electrical Safety Code standards of good practice. The company does not assume responsibility for the design or condition of the customer’s installation. The customer shall be responsible for providing the voltage regulators to maintain proper voltage for its distribution system.

Section 6. The company will not be liable for loss or damage caused by interruption or failure of service or delay in commencing service due to accident or break-down to plant, lines or equipment, strike, riot, act of God, or causes reasonably beyond the company’s control or due to shut down for reasonable periods to make repairs to generating or distribution equipment. In case of any of the causes mentioned above whereby the customer’s premises are rendered wholly unfit for the continued operation of the customer’s plant or business, this contract will thereupon be suspended until such time as the plant or premises will have been reconstructed, reconditioned, and reoccupied by the customer for the purpose of his or her business.

Section 7. No delay by the company in enforcing any of its rights hereunder will be deemed a waiver of such rights nor will waiver by the company of any default by customer be deemed a waiver of any other or subsequent default.

Section 8. The customer will indemnify and save harmless the company from all loss on account of injury or damage to persons or property on the customer’s premises growing out of any accident or mishap.

Section 9. This contract will bind and benefit the successors and assigns of the company. This contract supersedes all prior agreements between the customer and the company for the service mentioned herein.