HomeMy WebLinkAbout1993-31 - Repeal Ord 73-24 Western Resources, Inc - Gas Franchise AgreementBILL N O .
ORDINANCE No . 7 � -�
AN ORDINANCE REPEALING ORDINANCE NO. 73-24 AND PROVIDING FOR THE
GRANTING TO WESTERN RESOURCES, INC . , A ]KANSAS CORPORATIOR DOING
BUSI NESS AS GAS SERVICE, OPERATING A GAS DISTRIBUTION SYS I
THE CITY OF RIVERSIDE, M ISSOURI , ITS SUCCESSORS AND ASSIGNS,
F RANCHI SE TO OPERATE A NATURAL GAS DISTRIB PLAN AND SYST
IN SAID CITY r IMPOSING AN OCCUPATION AND LICENSE 'SAX, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, there is the need to generate a new franchise agreement
with western Resources, Inc.
N OW r THEREFORE , BE IT O RDAINED BY THE B OA RD OF ALDERMEN OF THE
CITY of RIVERSIDE $, MISSOURI, AS FOLLOWS:
SECTION 1.0rdinaance No. 7 -2 is hereby repealed,
SECTION 2. That there is hereby granted to western Resources,
Inc.,, a, corporation operating a gas distribution system in the
City of Riverside, Missouri hereinafter called the Grantee, its
successors and assigns, the rights, privileges and franchise, f or
a period of twenty 20 years from the effective date thereof, to
construct, m aintain and operate in the present and future
sheets, alleys, bridges and public places in the City of
Riverside, hereinafter called the City, it gas distribution
system as now Located, together with the right, privilege and
franchise to acquire, construct, maintain and operate therein and
thereon such additions and extensions thereto as may be ne cessary
or desirable, all for the purpose of said City and consumers in
the vicinity thereof.
SECTION 3, All rates establi and charges made by Grantee for
gas distributed and sold hereunder shall be subject to valid and
lawful orders of the Public Service Commission of the Mate of
Missouri, or o ther competent authority having 3urisdiction in the
premises, and the sale of and transportation of gas to consumers
shall be governed by the present operating rules, regulations and
customs of Grantee and such rules and regulations as may here -
a ter be prescribed or approved by said identified regulatory
authority having jurisdiction.
SECTIOW 4a All m ains, pipes an services, which s b laid or
installed under this grant, shall be so located and laid as to
not obstruct or interfere with any water pipes, drains, sewers o r
other structures a lready installed; and Grantee shall, in working
i connecti wi th su mains, pipes and ser av oid, so far
as may be practicable, interfering with the use of a street,
alley or public thoroughfare, it shall at its own expense and in
a manner satisfactory to th duly authori representative o
the City, re such pavement or surface i n the manne provided
by ordinance.
SECT IO whenever. because of p ublic necessity or w the
City engages in any public improvement construction pro on
any property owned by the. City or dedicated wholly for public
use, and a portion of Grantee's plant system .interferes with or
obstructs such public .improvement project, Grantee sh all, as soon
as reasonably possible after wr itten request from the City al ter,
reset or relocate at its own expense suc h portions of Grantee'
plant system located on such property for which the sole legal
basis for occupancy is this franchise ordinance; provided,
however, that where the City acquires additional property or
right over Grantee' existing plant system, and thereafter
requires Grantee to alter, reset or relocate its stem, such
alteration, resetting or relocation shall b at the expense of
the City.
SECTION 6 That in consideration of and as compensation for the
right, privilege and franchise hereby granted, the Grantee, its
successors and assigns, shall furnish gas at such pressure and of
such quality as shall be designated by lawful orders of the
Public Service Commission of said State, if such gas is
reasonably procurable; shall furnish free of cost to each
consumer a recognized standard meter or other instrument for
measurement of gas sold or computation of consumer's bills and
keep same in repair at its cost, which Exeter shall at all times
be subject to inspection by said City; shall at all times save
the City harmless from any and all damages which said City may be
liable to pay that may arise from the construction, aintenance
and operation of its plant system or any part thereof; shall
limit all excavations of streets, alleys or public places to the
necessity of efficient operation, and shall not at any one time
open or encumber more of any highway or public place than shall
be reasonably necessary to enable Grantee to proceed with
advantage in laying or repairing mains or pipes, and shall not
permit such highway or public place to remain open longer than
necessary for the purpose for which it was opened; shall refill
all excavations and replace all pavements with like material and
leave sane in as good condition as when altered or removed; shall
perform all work on streets, alleys and public places under
supervision of a representative of said city, if so desired; and
shall repay said city all expense to which it has been put in the
repair or replacement of streets, highways or pavements in the
event such work is done by said City after the neglect or refusal
of Grantee to perform same in a reasonable time. It i's expressly
provided and understood that any excavations which may be made by
Grantee, its successors and assigns, in the public streets or
other public places shall be made in accordance with the
ordinances of the City, as the same may from time to time be
changed or amended, and that, if so required, Grantee will obtain
necessary permits and pay the required inspection fees for such
excavations or openings.
SECTION 7. As a further consideration for the right, privileges
and franchise hereby granted, and in Lieu of all other occupation
and license taxes, Grantee shall not later than the last day of
each calendar month in each gear, make a report to the city of
its dross receipts from the sale or transportation of gas within
the corporate limits of said city for the one month period ending
on the last day of the month preceding that on which the report
is due* and at the time of raking such reports, sb ll pay into
the City treasury a sum equal to fifteen percent 1 of dross
receipts of the Grantee derived from the transportation of gas to
customers within the City and a sure equal to five percent of
Grantee's gross receipts derived from the sale of gas to
customers within the City; provided that Grantee shall not be
required to make payment on any revenues received from customers
served at less than the maximum rate authorized by the Public
Service Commission of the state of Missouri. So long as Grantee
shall be required y any regulatory authority having
jurisdiction, to separately state the gross receipts tax
increment on its charges for natural gas services rendered under
the franchise hereby granted, the term "gross receipts" as used
herein skull ,include the separately stated gross receipts tax
increment. Grantee's gross receipts tax is hereby levied and
assessed as an occupation and license tax in lieu of all other
occupation, license or other revenue taxes) for the privilege of
engaging in the business herein recited during the term hereof;
and as a further consideration for this franchise, Grantee agrees
to recognize the same as a valid tax and make said payments
during such period.
SECTION 8. The Mayor of the City of Riverside, Missouri, is
hereby empowered and directed to execute a true copy of this
granted f ranchise, and the City Clerk of said city is hereby
directed to affix the city seal upon said true copy, and to
attest to the signature of the Mayor on said trine copy., and to
deliver said properly executed copy to The Kansas Power and Light
Company, The Kansas Power and Light Company shall thereupon
e xecut e an d its accept of sai granted f t o
the City Cle
SECTION 9. Ordinance No. 73-24 is hereby repealed.
SECTION 10. This Ordinance shall take effect and be in full force
from and after its passage and approval; provided that Grantee
shall have f fled its written acceptance w hi sixty days
from the date of such passage and approval.
PASSE thi is d� day o f Aug. , 1993
1 6- 2 7
Mayor
Attest:
x
x
Cy r Clerk�
APP ROVED h i
day of 1 99 6
Mayo
This Acceptance of inance
rece # gyred nd filed this � day
O f �� ,
4
t f{
c C e
k
City of
Riearsl.de . Mi
ACCEPTANCE of ORDINANCE
f
STATE OF
{ ss.
'
COU T OF
KNOW ALL MEN BY THESE PRESENTS, That Western Resources, Inc,,
corporation organized and. e i s t i n un �er the laws o f the State of
Kansas and Grantee named in Ordinance No. 1 ?3 - 2 of the
Ordinance of the �. i .�,�. of Riverside �
M issouri, the same being entitled:
"AN ORDINANCE granting t o W estern R esources ,, I a Kansas
corporation (doing business as Gas Service) operating a gas
distribution s rstem in the ,City of Ri erside .,
---------- M iss ouri , .it successors and ass a franchise t o operate a natural gas distribution plant and system i n said city,,
imposing an occupation and license tax , and r elating thereto. of
hereby accepts the terms and conditions of said ordinance and the
franchise granted.
IN WITNESS WHEREOF the
caused this in to be
Operating officer and. attested
--- day of
s aid Wester Res ources, Inc has
i caned by is Pres ident and Chief
by its Assis Secretary this
'r 9 0
THE WESTERN RESOURCES, Nc .
ATTEST: Wi l a .. ohan on
esid nt a Chief
Gperatin fficear
Gas Service
Stacy F. Kramer
Assistant Secretary
STATE of
COUNTY OF
55
BE IT REMEMBE That on thi , d - o ,
9 before me, the undersigned, a Notary b i c , came
William L. Johnson, President and Chief Operating Officer, and
Stacy F. Kramer, Assistant Secretary, of Western Resources, Inc,,,,
a corporation duly or a,n .
ed, incorporated and existing d.
under an
by virtue of the laws of the State of Kansas, who are personally
known to me to be such officers, and who are personally known to me
to be the sane persons who executed as such off ices the above and
foreoing instrument of writing n on behalf of said corporation, and
such persons duly acknowledged the execution of the same to be the
act and deed of said corporation.
N TESTIMONY WHEREOF, I have hereunto set mfr hand and affixed
m n otarial seal the day and year last above written
otary P ub li c