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HomeMy WebLinkAbout1953-080 Granting to Gas Service Company Operating Gas Distribution System A franchise to Operate Natural Gas Distribution Plant and SystemBILL NO. 80 ORDINANCE NO. 80 AN ORDINANCE GRANTING TO THE GAS SERVICE COMPANY, A CORPORATION, OPERATING A GAS DISTRIBUTION SYSTEM THE CITY OF RIVERSIDE, MISSOURI, ITS SUCCESSORS AND ASSIGNS, A FRANCHES TO OPERATE A NATURAL GAS DISTRIBUTION PLANT AND SYSTEM IN SAID CITY, IMPOSING AN OCCUPATION AND LICENSE TAX, AND RELATING THERETO. BE IT ORDAINED BY THE BOARD ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS : Section 1. 'That there is hereby granted to The Gas Service Company, a corporation onerating 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. Section 2. All rates established and charges made by Grantee for gas distributed and sold hereunder shall be sub- ject to valid and lawful orders of the Public Service Com- mission of the State of Missouri, or other competent authority having jurisdiction in the premises, and the sale of gas to consummers shad be governed by the present operating rules, regulations and customs of Grantee and such rules and regula- tions 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 reasonably procurable; shall furnish free of costs to each consumer a recognized standard meter or other instrument for measurement of gas sold or computation of consumers 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 effi- cient 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 lay- ing 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 rood 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; shall repay said City all expense to which it has been put in the repair or replacement of streets, high~rrays or pave- ments in the event such work is done by said City after the neglect or refusal of Grantee to perform. same in a reasonable time. BILL NO. 80 - 2 - ORDINANCE NO. 80 Section 4. Grantee shall not later than February 1 and August 1 respectively of each year make a report to the govern- ing body of the City of Riverside of its gross receipts from the sale of gas for domestic and cornrnercial purposes within the corporate limits of said city for the six (6) months period ending at the last meter reading; preceding December 31 and June 30 respectively; and at the time of making such reports, pay into the city treasury a sum equal to five (5%) percent of said gross receipts subsequent to the effective date of this franchise, which shall be charged to the operat- ing expenses of the company. Domestic and commercial sales shall be considered as sales made other than on special con- tracts providing for stand-by fuel and interruption of service at any time demands of domestic and commercial consumers may so require. Said percentage of Grantee's gross receipts is hereby levied and assessed as an occupation and license tax 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 5. The franchise herein granted shall be con- ditioned upon the approval thereof by a majority of the qualified voters of 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 the election to be held in said city on the 27th day of January, 1953. Section 6. 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 Gazette, a weekly newspaper of general circulation in the City of Riverside the last insertion to be contained in the last issue of said newspaper precediing the election. Section 7. 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 pur- pose of supplying natural gas to said City and citizens and customers in the vicinity thereof, as provided in Ordinance No. 80, be granted to The Gas Service Company, its successors and assigns? YES NO Scratch one of the above Every qualified voter in favor of assenting to this ordinance shall draw a line through the word °No" on said ballot, and every qualified voter desiring not to assent to this ordinance shall draw a line through the word "Yes" on said ballot. Section 8. The election shall be. held at the Town and Country Appliance Store, Junction of U. S, Highway No. 71 and BILL NO. 80 - 3 - ORDINANCE NO. 80 169 in said City and shall be conducted and the result ascer- tained as provided by law for other special elections. Section 9. Within ten (10) days after the returns from said election shall be made by the ,judges thereof, the govern- ing 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. franct ise 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 raid by the Grantee. Passed this 6th day of January, 1953. /s/ F.F. Filger MAYOR ATTEST: /s/ Frances DeBow ACTING CITY CLERK Approved this 6th day of January, 1953. /s/ F.F. Filger MAYOR