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HomeMy WebLinkAbout1953-080 - Franchise to Gas Service CompanyBILL NO. ao oRDIN~°~I?C~: No, 80 A:: ORDI~?ANCE GRaNTIi`1G TO 1LIL GLyS SERVICE COP?PANY, A CORPORATION, 0?ERATIT.~?G A GAS DISTRIBUTION SYS1g;N IId THE CITY OF RIV~JRSIDE, P,TISSi)LrRI, '1T~ STJCCESSJRS 'AND nSSI_GP?S, A J''RyNC??ISh' TO OP:~.'RATE A I'~:ATUR~IL GAS DISTRIBUTION PLANT ..1i~?D SYSTI!,P~7 IN SAID CITY, IDPOSITdG AN OCCUPATI01`? AidD LICENSE TAX, ~1ND RELfiTING '?'HERETO. BE IT ORDAII?ED BY ~l'HE BOARD CF !~LDERP%i??DT OF TH' CITY OF RIVERS i:DE, P~_ISSOURI, AS P'OLLOYiS : Section 1. 'Phat there is hereby granted to The Gas Service Company, a corporation oneratinF_,, a ~;as distribution system in the City of Riverside, Pvii_ssouri, 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 f uture streets, alleys, bridges and public places in said City, its gas distribution system as now located, together ~.vith 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 r°ates established and charges made by Grantee for gas distributed and sold hereunder shall be sub- ject to v^:l id and. lawful orders of the Public Service Com- mission of the State of P,iissou_ri_, cr other competent authority having jurisdiction in the premises, and. the sale of gas to consummers shad be moverned by the present operating rules, re;=,ulations 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 !=rantee 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 ~rrork is done by said City after the nec-lect or refusal of CTrantee to perform. same in a reasonable time. I'.ILL PdO. 80 - 2 - O ~DIN~.dCl~ N0. 80 Section 4. Grantee shall not later than February 1 and Auust 1 respectively of each ,year make a report to the movern- ing body of the City of =riverside of its gross receipts from the sale of gas for domestic and cornrnercial purposes withir_ the corporate limits of said city for the six (6) months period ending at tole last meter reading; precedir_g December 31 and June 30 respec'~ively; and at the time of making such reports, nay into the city treasury a sum equal to five (5~) per cent of said gross receipts subsea~uent to the effective date of tT;is franchise, ~°rhich shall be charged to the operat- ing expesnes of the company. Domestic and com?~lercial sales shall '~e 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 mross receipts is l:~areb~r levied and assessed .s an occupation and license tax for th.e privilePe 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 frenc':ise 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 a.n election for the purpose of testing the sense of the voters on said proposition. A s~~eci_al ballot coverir_g said proposition shall be submitted to the qualified voters of the City of Riverside, P:iissouri, at the election to be held in said city on the ?7th day of January, 1953. Section 6. The city clerk shall give notice of said election b~T causing a cop~r of this ordinance to be published for three (3) insertions i.n the Platte County Gazette, a weekly new_paper of general circulation in the City of riverside the last insertion to be contained in the last issue of said ne~~rsnaper precedj.n~ the election. Section 7. The ballot to be used. in said election shall be in th.e fo17_owinG; form: "Shall the rights, privileges and franchise to construct, acquire, operate and maintain a ~;as plant, mains and appurtenances in the streets, alleys, bridges .and public places of th.e City of Riverside, Tviissouri, 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? YFJS NO Scratch one of the above '~ very qualified voter in favor of assenting to this ordinance shall draw a line through the word °No" on said ballot, and every qualified voter d~sirin; not to assent to this ordinance shall dr~;.~~r 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 ~~TO. 80 - 3 - ORDINANCE N0, 80 169 in said City and shall be conducted and the result ascer- ta_ned as provided by law for other special elections. Section 9. ':ithin 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. ~~~ NIAY 0 R ATTEST: ~1CTPdG CITY CLERK Approved this 6th day of January, 1953. N1"iY0