HomeMy WebLinkAbout1993-40 - Franchise with Kansas City Power & Light BILL NO. 93 ORDINANCE NO. 9:5
AN ORDINANCE GRANTING KANSAS CITY POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE AND AUTHORIZATION TO
CONSTRUCT, OPERATE AND MAINTAIN ALL APPROPRIATE FACILITIES FOR
CARRYING ON A LIGHT, HEAT AND POWER BUSINESS, GRANTING THE RIGHT
TO USE THE STREETS, ALLEYS AND ALL OTHER PUBLIC PLACES OF THE
CITY WITHIN THE PRESENT OR FUTURE CERTIFICATED SERVICE TERRITORY
OF THE COMPANY THEREFOR, AND PRESCRIBING THE TERMS AND CONDITIONS
OF SUCH AUTHORIZATION.
WHEREAS, Kansas City Power & Light Company (herein called the
Company) is a corporation organized and duly incorporated under
the laws of the State of Missouri for the purpose of carrying on
a light, heat and power business, and is presently engaged in
generation, transmission, distribution and sale of electric power
and energy; and
WHEREAS, the City of Riverside, Missouri (herein called the City)
and the Company desire that the Company furnish power and energy
to consumers thereof located within those portions of the present
and future corporate limits of the City as may then be located
within the certificated service territory of the Company;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1. In consideration of the benefits to be derived by the
City and the inhabitants thereof from the acquisition, construc-
tion, operation and maintenance of an electric system and the
supplying of electric power and energy to the public, there is
hereby granted to the Company and to its successors and assigns,
for the term of twenty (20) years from the effective date hereof,
a franchise and authority to acquire, construct, operate and
maintain within the existing and any future extended corporate
limits of the City, as may then be located within the certifi-
cated service territory of the Company, all appropriate
facilities and plants for carrying on a light, heat and power
business and all other operations connected therewith or incident
thereto for the purpose of supplying electric or other power and
energy in such forms as may be reasonably required for domestic,
commercial, industrial, municipal and other purposes within the
City and other areas within the Company's then certificated
service territory, to produce and supply such power and energy by
manufacture, generation, purchase or otherwise, and to transmit
and distribute same by means of underground or overhead lines or
otherwise, and for any or all said purposes it is authorized to
(i) construct conduits or other underground facilities for the
installation and protection of its underground wires, pipes and
cables, and place poles, lamp posts, guys, anchors and other
facilities in, and locate its overhead and underground wires,
pipes, cables and street lights in, on, over, under, along and
across all streets, alleys, avenues, bridges, parks, parking and
other existing and any future public places, including dedicated
easements, (ii) construct, erect and maintain all buildings,
machinery and attachments of any and every kind for any and all
of said purposes, and (iii) enter upon any and all of said public
places within the corporate limits of the City as they now exist
or may hereafter be opened, widened, extended, laid out and
established, including any other territory hereafter added
thereto or coming under the City's jurisdiction, and (iv) to trim
trees upon and overhanging such public places and make
excavations thereon, all as may be appropriate for the construc-
tion, operation, maintenance, replacement and removal of the
Company's facilities and plants.
SECTION 2. Any pavements, sidewalks, curbing taken up or any and
all excavations made shall be done under the supervision and
direction of the City under all necessary permits in such manner
as to cause the least reasonable inconvenience; and repairs and
replacements shall be made by and at the expense of the Company
with all convenient speed, leaving such properties in as good
condition as before.
SECTION 3. The Company shall at all times during the term of
this tranchise supply to consumers of electric power and energy
residing within the existing and any future extended corporate
limits of the City, as may then be located within the
certificated service territory of the Company, such electric
power and energy as they may require, and shall extend and
construct its lines and services in accordance with legal
requirements, and on terms and conditions prescribed by rates,
rules and regulations filed from time to time with the Public
Service Commission of the State of Missouri. Nothing contained
herein shall be construed as a guarantee by the Company to
furnish uninterrupted service. Interruptions due to acts of God,
delivery delays, breakdowns or damage to facilities, fire, civil
or military authority, strike or other labor disturbances, orders
of courts or regulatory agencies and other causes reasonably
beyond the Company's control shall not result in a default by the
Company hereunder.
SECTION 4. All facilities of the Company shall be constructed,
operated and maintained in accordance with the applicable safety
rules and regulations of the Public Service Commission and shall
be placed in such manner as to interfere with and obstruct as
little as reasonably practicable the ordinary use of public
places and shall not unreasonably interfere with any gas or water
main or sewer now laid out or constructed upon or under such
public places.
SECTION 5. All provisions of this Ordinance shall be binding
upon and inure to the benefit of the Company, its successors and
assigns.
SECTION 6. The Company's acceptance of this Franchise shall be
evidenced by its written acceptance hereof filed with the Clerk
of said City. Upon acceptance, said francise shall be binding
upon the City and Company as of the date this Ordinance is
approved by the Mayor. ,�
PASSED this 7d, day ofir,. , 1993.
isezzi de.A.2r_e_x_.
Mayor
Att t:
City Clerk ` � /` � at � c ��
UU APPROVED this yet day of., /. , 1993.
Mayor ..J�