HomeMy WebLinkAbout1260 KCP&L Franchise Agreement BILL NO. 2013-076 ORDINANCE NO. 41/40
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 THEREFORE, 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 ALDERMAN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION I. In consideration of the benefits to be derived by the City and the inhabitants
thereof from the acquisition, construction, 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 certificated
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
I DM #61997
for any and all of said purposes, (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
such excavations thereon, all as may be appropriate for the construction, operation, maintenance,
repair, replacement and removal of the Company's facilities and plants. Franchise rights and
privileges granted herein shall not be construed or interpreted to be exclusive to the Company.
SECTION II. Any pavements, sidewalks or 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 III. The Company shall at all times during the term of this franchise supply to
consumers of electric power and energy residing within the existing and all 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. The City shall cooperate with the Company to provide a map of the City's
corporate limits (the "Map "). The Map shall be of sufficient detail to assist Company in
determining whether their customers reside within the City's corporate limits. The Map shall
serve as a basis for determining Company's obligation hereunder to collect and pay the license
fee from customers; provided, however, that if the City's corporate limits are changed by
annexation or otherwise, it shall be the Municipality's responsibility to (a) update the Map so
that such changes are included therein, and (b) provide the updated Map to the Company.
Company's obligation to collect and pay the fee from customers within an annexed area shall not
commence until such time after Company's receipt from the City of actual notice of the
annexation along with an updated Map including such annexed area as is reasonably necessary
for such Company to identify the customers in the annexed area obligated to pay the fee.
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, strikes 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.
2 DM#61997
SECTION IV. All facilities of the Company installed hereunder shall be constructed in
accordance with the then applicable provisions of the National Electrical Safety Code; shall be
installed, operated and maintained in accordance with the applicable safety rules and regulations
of the Public Service Commission of the State of Missouri; shall be located and placed in public
places, pursuant to permits to be issued by the appropriate City authority, in such manner as to
interfere with and obstruct as little as reasonably practical in the ordinary use of the public
places; and shall not unreasonably interfere with any gas or water main or sewer line laid out or
constructed upon or under such public places. The Company shall indemnify and hold harmless
the City and its officers, employees, elected or appointed officials, each in their official and
individual capacities, from and against judgments, damages, losses, and expenses, on account of
injury to persons or damage to property caused by the negligence of the Company in the exercise
by the Company of its rights hereunder.
SECTION V. All provisions of this Ordinance shall be binding upon and inure to the
benefit of the Company, its successors and assigns.
SECTION VI. This Ordinance is made under and in conformity with the laws of the
State of Missouri, and shall take effect and be in force as of the first day of the first month
following written acceptance by the Company.
PASSED AND ADOPTED THIS 0 DAY OF , 2013.
BOARD OF ALDERMAN
it J '.P/VUIX f- 441-9
Presiding Officer
•
'ATTEST:
•
City. Cleric ••
APPROVED THIS DAY OF R- <tix- 444"-e4 , 2013.
4 tid /PLO X g9a.,
Mayor
ATTEST: •. '
City,.Clerk
3 DM#61997
CERTIFICATION OF CITY CLERK
I the undersigned Clerk of the City of Riverside, Missouri, do hereby certify as follows:
1. That the City of Riverside, Missouri, is a duly constituted and existing City of the
Fourth Class.
2. That the Board of Alderman of said City did duly pass and adopt at a regularly
called and held meeting on V1 S - , 2013, a certain bill containing
Ordinance No. /,�,k,/) , granting to Kansas City Power & Light Company a franchise within said
City for a term of 20 years.
3. That said bill, completed in the form in which it was finally passed was filed in
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my office on GL 11 oIae, , / 5 , 2013, more than 30 days before its final passage
and adoption by the said Board of Alderman, and from that date said bill has been on file in my
office for public inspection.
4. That no petition has been filed with me calling for the submission of the question
of approval or disapproval of the grant of said franchise to Kansas City Power & Light
Company.
_4_,.___
Witness my hand and the Seal of said City this i day of
, 2013.
`' Clerk
R
. n , --,
Seal
• a •
DM#61999
CERTIFICATE
STATE OF MISSOURI )
COUNTY OF PLATTE )
1, 'tS ;,,, L f Ra , the duly qualified and acting City Clerk of the
City of Riverside, Missouri, in said County of Platte, and the official custodian of the
records of the said City, do hereby certify that the foregoing is a true, correct and
complete copy of Bill No. ,013 -I)7 / , Ordinance No. /a /p 0 , read two
times and passed in the manner required by law at a meeting of the Board of Alderman of
said municipality, held on the S day of C 4 , 2013 approved and signed on the
S day of , 2013, and recorded on the ,S — day of J l y-v-. , 2013, as said
ordinance appears on the records in my office; that the vote of the Board of Alderman on
said ordinance as cast and recorded on the records in my office was as QD�, follows:
For the Ordinance: Alriarm�{n AA ] �'r�,ce fi I Aorm AA,ar? %i n n pg
R ) Art Noma
Alrbz mA., e Ito ASV.
Alrio. I'M An) E./Inca. pe
MLtrmAN m;k. . /loe
Against the Ordinance: uiA
Given under my hand and the coriprae sesil of•said municipality this day of
w..K
2013. •
M
ATTEST
` • •? City Clerk
DM #61998
KCP�L.�
City Clerk
City of Riverside, Missouri
Re: Acceptance of Franchise
Riverside, Missouri
Dear Sir or Madam:
Under the provisions of Bill No. 2013 -076 Ordinance No. 1260 of the City of Riverside,
Missouri, which was passed on November 5, 2013, the City granted to Kansas City Power &
Light Company a franchise to construct, operate and maintain an electric distribution system in
the City for a term of twenty (20) years from and after the effective date.
You are hereby notified that Kansas City Power & Light Company does now accept the
provisions of said Ordinance and agrees to comply with the same.
Dated this 1 2_ day of November, 2013.
KANSAS CITY POWER & LIGHT COMPANY
By O._
Duan B D. Anstaett
Vice President, Delivery
A EST:
Jaileah X. Huddleston
Assistant Secretary and Corporate Counsel
I, Robin Littrell, City Clerk of the City of Riverside, Missouri, do hereby certify that
the above acceptance was filed in the City Clerk's office of said City on the 1/ t' day of
�n„,enie,., , 2013.
Witness my hand and the City Seal this / / fi" day of iece.Nioe e., 2013.
• City Clerk
- t §eal - 1
... DM#63768
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KCP &L P.O. Box 418679 Kansas City, MO 64141 -9679 1- 888- 471 -5275 toll free www.kcpl.com