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HomeMy WebLinkAbout1952-79 Granting to Kansas City Power and Light Company Franchise to Establish Power and Light FacilitiesBILL NO. 79 ORDINANCE NO. 79 AN ORDINANCE GRANTING TO KANSAS CITY POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR THE TERM OF TWENTY (20) YEARS, THE RIGHT, AUTHORITY, POWER AND FRANCHSIE TO ESTABLISH, CON- STRUCT, OPERATE AND MAINTAIN IN THE CITY OF RIVERSIDE, MISSOURI, ALL FACILITIES NECESSARY AND REQUISITE TO CARRY ON A GENERAL POWER AND LIGHT BUSINESS FOR THE PURPOSE OF SUPPLYING THE CITY OF RIVERSIDE AND THE NEIGHBORHOOD IN THE VICINITY THEREOF WITH ELECTRIC OR OTHER ENERGY, AND GRANTING TO KANSAS CITY POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE STREETS, ALLEYS, AVENUES, LANES AND OTHER PUBLIC PLACES THEREFOR. WHEREAS, Kansas City Power & Light Company (hereinafter referred to as the "Company") is a corporation duly created, organized and existing under and by virtue of the laws of the State of Missouri for the purpose of generating and distribut- ing electrical energy, and now has a system of poles, wires, conduits, transformers, substations and appurtenances thereto in the City of Riverside (hereinafter referred to as the "City") for the distribution of electricity to the inhabitants thereof, which was in existence prior to the incorporation of the City; and WHEREAS, the Company is willing to continue to serve the inhabitants of the City, to extend its lines therein, and to provide other service to the City as may be required; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. In order to promote the welfare, comfort and convenience of the City, its inhabitants and the public generally, and in consideration of the benefits to be derived by the City and the inhabitants thereof from the construc- tion and operation of an electric light and power system and the supplying of electrical 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, the right, authority, power and franchise to establish, construct, operate and maintain in the City all facilities necessary and requisite to carry on a general power and light business and all other operations connected therewith or inci- dent thereto for the purpose of supplying the City with elec- trical energy in such forms as may be reasonably required for domestic, commercial, industrial, municipal and other purposes, and to produce or 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 or all of said purposes it is authorized to (i) construct conduits or other underground facilities for the installation and protection of its underground lines, (ii) place poles, lamp posts, anchors and guys on all the streets, alleys, avenues, lanes or other public places or thoroughfares for its overhead lines and street lights, (iii) construct, erect and maintain all necessary buildings, machinery and attachments of any and every kind and description, and (iv) enter upon any and all of the streets, alleys, avenues and other public grounds within the City, and make such excavations therein as may be necessary for the construction of its pole lines, transmission lines, and the repair and renewal thereof during the continuance of BILL NO. 79 -2- ORDINANCE NO. 79 the franchise hereby granted. The right of the Company to erect, construct, alter, operate and maintain its build- ings and equipment is subject to reasonable supervision and regulation by the City. Section 2. The taking up of any pavements, sidewalks or curbing, and the making of any and all excavations shall be done under the supervision and direction of the designated representative or representatives of the City under permits issued for the work, and shall be made and done in such manner as to give the least inconvenience to the inhabitants of the City and the public generally, and pavements, sidewalks, curbing and excavations shall be repaired and replaced in as good condition as before with all convenient speed, by and at the expense of the Company. Section 3. The Company shall have the right and power to fix, charge, collect and receive reasonable rates for services rendered. In case any of the rates fixed and charged by the Company shall be deemed by such authorities as under the law can act to be unjust or unreasonable, then such authorities shall have such right, power and authority as the law permits to fix and determine, but not oftener than the law permits, the rates to be charged by the Company under this franchise. The Company shall furnish and provide such service, instrumentalities and facilities as shall be safe, ample and adequate to meet the demands for electrical energy, whether that demand be for illumination or power. Normally, all bills will be rendered to the consumer monthly, except that the Company may render bills oftener, if deemed necessary, to any particular consumer to insure pay- ment for its service, and all bills rendered shall be payable at an office of, or collecting agent of, the Company desig- nated from time to time by it. Section 4. The Company shall, at all times during the term for which this franchise is granted, supply to users of electric energy in the City such electric energy as they may require, subject to the Company's General Rules and Regula- tions Applying to Electric Service (as filed with the Public Service Commission of the State of Missouri), with particular reference to the provisions thereof relating to notice of increases in electric requirements and the rules relating to line extensions. Should the Company at any time during the period for which this franchise is granted fail, refuse, or neglect to furnish such electric energy for a period of fifteen (15) consecutive days, this franchise and all the rights, privileges, and authority hereby granted to the Company hereunder shall be deemed to have been forfeited. Nothing contained in the foregoing paragraph shall be construed as a guarantee upon the part of the Company to furnish uninterrupted service to any customer, and interrup- tions due to Acts of God, fire, strikes, civil or military authority, orders of court, and other causes reasonably beyond the control of the Company shall not be considered as a failure to comply with the provisions of the foregoing paragraph. BILL NO. 79 -3- ORDINANCE NO. 79 Section 5, The amount of energy consumed shall be determined by meter measurements, unless the Company shall, at its option, contract for the sale of energy in spedal cases on a different basis. The Board of Aldermen of the City shall have the right to appoint a meter inspector and prescribe his duties, and if any meter used by the Company is found, upon inspection and test, to exceed standard toler- ances, the Company shall forthwith upon notice correct the same or immediately supply an accurate meter. All meters, and all appliances and fixtures of the Company located upon the premises of a consumer shall be and remain the property of the company, and its authorized representative shall at all reasonable times have access to said premises for the purpose of reading said meters and for the purpose of inspecting, repairing, renewing, altering, or removing any or all of said property. Section 6. The Company shall comply and conform with the Safety Rules for the Installation and Maintenance of Electric Supply and Communication lines as fixed by Part 2 of the National Electrical Safety Code, as amended and as from time to time amended, as promulgated by the National Bureau of Standards, United States Department of Commerce, and the Rules and Regulations of the Public Service Commission of Missouri. All poles carrying wires shall be placed in such manner as to interfere and obstruct as little as possible the ordinary use of the streets, alleys, lanes and highways of the City, and so as not to interfere with any sewer now or hereafter to be laid out or constructed in or under said streets, alleys, lanes and highways of said City. Section 7. All provisions of this ordinance shall be binding upon the Company, its grantees, successors and assigns, whether expressly stated herein or not, and all the grants and privileges secured by this ordinance to the Company shall be held to inure to the benefits of the legal bona fide successors and assigns of the Company. Section 8. THIS ORDINANCE TO TAKE EFFECT HOW AND WHEN. This ordinance shall be submitted as a special Proposition to the qualified voters of the City of Riverside for their rati- fication and approval at the special election to be called and held in said City on the 27th day of January, 1953. The special ballots on said special proposition used at said election shall have written or printed on them the words: "For Electic Light Franchise Ordinance No. 79" "Against Electric Light Franchise Ordinance No. 79" "(Strike out the clause you do not want.)" If a majority of the legal qualified voters voting 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. Notice of the election on said special proposition shall be advertised by publication BILL NO. 79 -4- ORDINANCE NO. 79 once a week for three consecutive weeks in a newspaper pub- lished in the County of Platte, Missouri, which notices shall be signed by the Mayor of the City of Riverside and attested by the City Clerk. The first publication of said notice shall be made at least fifteen days before and the last shall be within two weeks of the date of the election. Section 9. The election on this special proposition shall be held in the Town and Country Appliance Store, Junction U.S. Highways No. 71 and No. 169 in the City of Riverside and shall be conducted and the result ascertained, as is pro- vided by law for such elections. Section 10. Within ten (10) days after the returns from said election shall be made by the judges thereof, the Mayor and 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 ordinance; and if a majority of the qualified voters voting at said elec- tion on said proposition have expressed their assent to the granting of said franchise, said franchise shall become effec- tive as of the date of the election, provided Kansas City Power & Light Company shall file its written acceptance of said franchise within thirty (30) days from the date said Mayor and Board of Aldermen shall have declared the results of said election on said proposition. The cost of said elec- tion on said proposition shall be paid by Kansas City Power & Light Company. Passed this 6th day of January, 1953. /s/ F.F. Filger MAYOR ATTEST: /s/ Frances DeBow CITY CLERK Approved this 6th day of January, 1953. /s/ F.F.Filger MAYOR