The URL can be used to link to this page

Home My WebLink About1973-24 Franchise Agreement With Gas Service Company' BILL NO. 73-24 ORDINANCE NO. 73-24 AN ORDINANCE GRP.NTING TO THE GAS SERVICE COMPANY, A CORPORATION, OPERATING A GAS DISTRIBUTION SYSTEM IN THE CITY OF RIVERSIDE, MISSOURI, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE TO OPERATE A ~ `~ NATURAL GAS DISTRIBUTION PLANT AND SYSTEM IN SAID CITY AND RELATING THERETO. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI: Section 1. That there is hereby granted to the Gas Service Company, a corporation operating a gas distribution system in the City of Riverside, Missouri, herein called the Grantee, its successors and assigns, the rights, privileges and franchise, for a period of twenty (20) years from the effective date hereof, to construct, maintain and operate in the present and future streets, alleys, bridges and public places in said City, its 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 necessary or desirable, all for the purpose of supplying natural gas for all purposes to the inhabitants of said City and consumers in the vicinity thereof, which grant shall be subject to all lawful ordinances of_ the City of Riverside now ir_ existance or hereafter ~-. enacted which are not inconsistent herewith. Provided, further, that Grantee shall, upon acceptance of this franchise, be obligated to remove, relocate or adjust as promptly as is practical any of its gas distribution facilities located in or upon the city streets, alleys, bridges or other public places at Grantee's expense when reasonably requested to do so by the City. Such requests made by the City shall be deemed reasonable unless shown to be otherwise by the Grantee. Section 2. All rates established 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 State of Dissouri, or other competent authority having jurisdiction in the premises, and the sale of. gas to consumers shall be governed by the present operating rules, regulations and customs of Grantee and such rules and regulations as may hereafter be prescribed or approved. Section 3. 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 reason- ably procurable; shall furnish free o.f cost to each consumer a recognized standard meter or other instrument .for measurement o.f. gas sold or computation of.. consumer's bills and keep same in repair at its cost, which meter 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, maintenance 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 same 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 o.f. grantee to perform same in a reasonable time. Section 4. The franchise herein granted shall be conditioned upon the approval thereof by a majority of the qualified voters of -2- 73_~,~ ~_- the City of Riverside, Missouri, voting at an election for the purpose of testing the sense of the voters on said proposition. A special ballot covering said proposition shall be submitted to the qualified voters of. the City of_ Riverside, Missouri, at an election to be held in said City on the 21st day of August , 1973. Section 5. The City Clerk shall give notice of said election by causing a copy of this Ordinance to be published for three (3) insertions in The Platte County C;azette a weekly newspaper of general circulation in the City of Riverside, the last insertion .to be contained in the last issue of said newspaper preceding the election. In addition thereto the City Clerk shall cause notice of the election on said proposition to be given by the posting of ten (10) printed handbills in ten (10) public places within the City of Riverside, said notices to be posted at least fifteen (15) days prior to the election. Section 6. The ballot to be used in said election shall be in the following form: "Shall the rights, privileges and franchise to construct, acquire, operate and maintain a gas plant, mains and appurtenances in the streets, alleys, bridges and public places of the City of Riverside, Missouri, for the purpose of supplying natural gas to said City and citizens and customers in the vicinity thereof, as provided in Ordinance No. 73-24, be granted to The Gas Service Company, it~' s successors and assigns?~~ YE S (~ NO (~ INSTRUCTIONS TO VOTERS To cast a ballet in favor of the proposition, place a cross (X) mark in the square opposite the word 'YES'. To cast a ballot against the proposition, place a cross (X) mark in the square opposite the word 'NO'." Section 7. The election shall be held in the usual voting places in the said City and shall be conducted and the result ascertained as provided by law for other special elections. - Section 8. Within ten (10) days after the returns from. said election shall be made by the judges thereof, the governing body shall determine and by resolution shall declare the result of said election; and if a majority of the qualified voters voting at said election have expressed their assent to the granting of. said franchise, said franchise shall become effective immediately, provided that the Grantee shall file its written acceptance of said franchise within thirty (30) days from the date said governing body shall have declared the results of said election. The cost of said election shall be paid by the Grantee. Section 9. Ordinance No. 80 is hereby repealed. PASSED THIS 24th DAY OF Ju , 973. L- MAYO ~ ATTEST: .. 1 City Clerk ..~ ~P OVED HIS 24th DAY OF July , 1973. MA . R Acceptance of Ordi ce received and filed this ~~~ day of v~(9vi% 1973. - 9--e~'!.~ ~~~City Clerk C' y of Riverside, Missouri ACCEPTANCE OF ORDINANCE STATE OF MISSOURI COUNTY OF JACKSON ss. KNOW ALL MEN BY THESE PRESENTS, That The Gas Service Company, a corporation organized and existing under the laws of the State of Delaware, and the grantee named in Ordinance No. 73-24 of the Ordinances of the City of Riverside, Missouri, the same being: AN ORDINANCE GRANTING TO THE GAS SERVICE COMPANY, A CORPORATION, OPERATING A GAS DIS- TRIBUTION SYSTEM IN THE CITY OF RIVERSIDE, MISSOURI, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE TO OPERATE A NATURAL GAS DISTRIBUTION PLANT AND SYSTEM IN SAID CITY AND RELATING THERETO, hereby accepts the terms and conditions of said ordinance, IN WITNESS WHEREOF, the said The Gas Service Company has caused this instrument to be si ed by its Executive Vice President and attested by its Secretary this J--~ day of ~ ,, ., 1973. THE GAS SERVICE COMPANY ~~ By C ~~1 ~~~,.~-f ATTEST: C. H. Rambo Executive Vice President Laird P. Bowman, Secretary .STATE OF MISSOURI ) ss. COUNTY OF JACKSON ) BE IT REMEMBERED, That on this ~~ay of _~~~~~ 1973, before me, the undersigned, a Notary Public, came C. H. Rambo, Executive Vice President, and Laird P, Bowman, Secretary, of THE GAS SERVICE COMPANY, a corporation duly organized, incorporated and existing under and by virtue of the laws of the State of Delaware, who are personally known to me to be such officers, and who are personally known to me to be the same persons who executed as such officers the above and foregoing instrument of writing on behalf of said corporation, and such per- sons duly acknowledged the execution of the same to be the act and deed of said corpo- ration. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the- day and_year last above written. `~-° My commission expires: ~/ Nota~ Public MARGUERITE M. JENKINS SEP