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HomeMy WebLinkAbout1973-23 Franchise Agreement with KCP&LBILL NO. 73-23 ORDINANCE N0.73-23 AN ORDINANCE GRANTING KANSAS CITY POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A I'RANCHISE AND AUTHORIZATION TO CONSTRUCT, OPERATE AND MAINTAIN ALL APPROPRIATE FACILITIES FOR CARRYING ON A POWER AND LIGHT BUSINESS, GRANTING THE RIGHT TO USE THE STREETS, ALLEYS AND ALL OTHER PUBLIC PLACES THEREFOR, AND PRESCRIBING THE TERMS AND CONDITIONS OF SUCH AUTHORIZATION. FIHEREAS, Kansas City Power & Light Company (herein called the Company) is a corporation organized and duly incorporated, under the laws of the State o,f Missouri for the purpose of supplying light and power facilities and is engaged in generating and distributing electric energy; and WHEREAS, the City of Riverside (herein called the City) and the Company desire that the Company furnish electric energy to consumers in the City; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE: SECTION I. In consideration of the benefits to be derived by the City and the inhabitants thereof from the construction, operation and maintenance of an electric light and power system and the supplying of electric 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 construct, operate and maintain within the existing and any future extended corporate limits of the City all appropriate facilities for carrying on a power and light business and all operations connected therewith or incidental thereto for the purpose of supplying the City and outlying areas with electric or other enemy in such forms as may be reasonably required for domestic, commercial, industrial, municipal and other purposes and to produce and supply such 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 and all said purposes it is authorized to (i) construct conduits or other underground facilities for the installation - and protection of its underground wire and cables, (ii) place poles, lamp posts, guys, and anchors for its overhead wires, cables and street lights on all streets, alleys, avenues, bridges, parks, parking and other existing and any future public places or thoroughfares, (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 to trim trees upon and overhanging such places and make such excavations thereon as may be appropriate for the construction, repair and renewal of the Company's overhead and underground facilities and plants, and (iv) construct, operate and maintain all buildings, machinery and attachments of any and every kind, for any and all said purposes; provided, however, all the foregoing shall be subject to all lawful regulation by ordinance in the code of the .City of Riverside as now in existence or hereafter enacted; provided further, that, prior to construction of ang transmission system hereunder, the Company shall secure a permit for the location thereof upon proper application to the City. SECTION II. Any pavements, sidewalks or curbing taken up oz-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 73-~~ -2- 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. The Company shall upon acceptance of this franchise be obligated to relocate promptly any poles, wires, guys, anchors or other installations within the public ways, at the Company's expense, when reasonably and lawfully required to do so by the City upon enactment of an appropriate resolution or ordinance. Such request made by the City shall be deemed reasonable unless shown to be otherwise by the Company. SECTION III. The Company shall at all times during the term of this franchise supply to consumers of electric energy; residing in the City, such electric energy as. they may require, and shall extend and construct its lines and services in accordance with legal requ irements, and on terms and conditions prescribed by 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, and interruptions due to acts of God, fire, strikes, civil or military authority, orders of court and other causes reasonably beyond the Company's control are specifically exempted from the terms of this Section. SECTION IV. All facilities of the Company shall be constructed, operated and maintained in accordance with safety and other 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 possible with the ordinary use of public places and shall not interfere with any gas or water main or sewer now laid out or constructed upon or under such public places. 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 shall be submitted as a special proposition to the qualified voters of the City for their ratification and approval at a special election to be called and held in said City on the 2.lst day of August, 1973, the cost of which election shall be paid by the Company. The ballots used at said election shall have written or printed on them the words: "For Electric Light Franchise Ordinance 73-23" "Against Electric Light Franchise Ordinance 73-23" "(make your choice by marking an X in appropriate box)" If a majority of the qualified voters at said election on said special proposition shall vote in favor of the ratification of this ordinance, then the same shall be binding and in full force and effect. SECTION VII. Notice of the election on said special proposition shall be advertised by publication once a week for three consecutive weeks in a newspaper published in the County of Platte, Missouri, which notices shall be signed by the Mayor of the City and attested by the City Clerk. The first publication of said notice shall be made at least twenty- 1 ...- 73 - ~ 3 -3- one days before, and the last shall be within two weeks of the date of the election. ..~ SECTION VIII. The election of this special proposition shall be held in the usual voting places in the City and shall be conducted and the result ascertained, as is provided by law for such elections. SECTION IX. Within ten (10) days after the returns from said election shall be made by the judges thereof, the Board of Aldermen shall meet for the purpose of receiving and casting up the returns of said election, and shall declare the results of said election on said proposition by separate ordinance; and if a majority of the qualified voters voting at said election on said proposition have expressed their assent to the granting of said franchise, said franchise shall become effective as of the date of the election and shall supersede any prior franchise granted the Company by the City. SECTTON X. The Company's acceptance of this franchise shall be evidenced by any action taken in reliance thereon, or by its written acceptance, filed with the Clerk of said City. PASSED AND APPROVED THIS 2,thDAY F JULY, 1973. `G~ MAYO ATTEST: ~ ~" CLERK ACCEPTED BY KANSAS CITY POWER & LIGHT COMPANY 7 BY /7 -- TITLE Vice P ident DATE October 23, 1973 ACKNOWLEDGMENT OF RECEIPT OF ACCEPTANCE ~~