Loading...
HomeMy Public PortalAboutORD09490 I BILL NO.� INTRODUCED BY COUNCILMAN­44YAWM/ ORDINANCE NO. ® AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , GRANTING THE FRANCHISE, RIGHT, PERMISSION AND AUTHORITY TO THE MISSOURI POWER & LIGHT COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF MISSOURI , ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE A SYSTEM FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND RELATED PURPOSES AND A PLANT AND SYSTEM OF MAINS, PIPES, SERVICES AND OTHER APPLIANCES FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL OR ARTIFICAL GAS, OR BOTH, FOR LIGHTING HEATING, INDUSTRIAL AND OTHER USES, IN, UPON, OVER, ACROSS, UNDER AND ALONG THE STREETS, AVENUES, ALLEYS, BRIDGES AND PUBLIC PLACES OF THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI : PROVIDING THE TERMS THEREOF: AND PROVIDING FOR THE SUBMISSION OF THIS FRANCHISE TO THE QUALIFIED VOTERS OF SAID CITY AT A SPECIAL ELECTION. WHEREAS, Missouri Power & Light Company, a corporation duly organized and existing under the laws of the State of Missouri, hereinafter designated as "Company" has applied to the City of Jefferson, hereinafter designated as "Municipality" , asking that the franchise, right, permission and authority be granted to it , its successors and assigns, by ordinance to construct , maintain and operate in said city a system for the manufacture, transmission, distribution and sale of electricity for lighting, heating, power and related purposes and a plant and system of mains, pipes, services and other appliances for the manufacture, transmission, distribution and sale of natural and/or artificial gasforliighting,- heating, industrial and other uses; and WHEREAS, Company has duly complied with all the provisions of the laws of the State of Missouri , and with all ordinances of Municipality with reference to the obtaining of such right , (privilege and authority; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : :t '.® SECTION 1. Pursuant to 71. 520 and 71. 530 RSMo 1978, and amendments thereto, the franchise, right , permission and authority be, and the same are hereby granted to Company to construct , main- tain and operate a system for the manufacture, transmission, distribution and sale of electricity for lighting, heating, power and related purposes and a plant and system of mains, pipes, services and other appliances for the manufacture, transmission, distribution and sale of natural and/or artificial gas for lighting, heating, industrial and other uses in, upon, over across, lunder and along the streets, avenues, alleys, bridges and public .� laces of Municipality. i SECTION 2. All poles, conduits, wires, fixtures , guys, mains, pipes , services, appurtenances and accessory equipment , installed or erected pursuant to this ordinance shall be so located on streets, alleys, avenues, bridges and other public places under such supervision as Municipality may from time to time provide so as not to injure unnecessarily any pavement , sidewalks, drains, sewers or other like improvements and Company shall repair the damage caused by such location to pavements, sidewalks, drains, sewers, water pipes and other public places. All necessary work shall be done with due and reasonable dispatch and with the least practicable interference with the rights of the public. Company may trim trees where necessary in Municipality in accordance with the ordinances and regulations currently in force in Municipality. SECTION 3. When any street, avenue, alley, bridge or public place, upon which and in which any poles, mains, services or other equipment of Company have been placed, shall be graded, curbed, paved or otherwise changed so as to make the resetting or recon- struction of such poles or the relocation of such mains and service necessary, Company, its successors and assigns shall make such necessary change in construction at Company ' s cost ; provided, that before Company installs any poles, mains, services or other equipment hereunder, Company shall first apply to the City Council for the establishment of permanent grades, curb lines and sidewalk lines unless permanent grades, curb lines and sidewalk lines have t already been established, and then shall install such poles, mains, services and other equipment in accordance with such permanent grades and lines. Municipality agrees to promptly establish such permanent grades and lines upon such application and Company reserves the right to withhold installation of poles, services, mains and other equipment until such grades and lines shall have been established. SECTION 4. In case any person desires to move a building along streets, avenues, alleys or public places crossed by the wires of Company, and in case it becomes necessary to have said wires temporarily raised or removed for the purpose of the passage of such buildings, Company shall be entitled to forty-eight (48) hours' notice in writing to that effect , and when such notice has -2- f been received by Company, and upon payment by the person desiring the same of the reasonable cost and damage resulting from the Iremoving, changing and replacing of such wires by Company, it shat be the duty of Company to remove or raise such wires so as to permit the passage of such building. Company shall not be required Ito make such change or removal except at a reasonable time. Section 5 . The rates to be charged by Company under this ordinance shall be in accordance with those now or hereafter filed with and approved by the Missouri Public Service Commission or its legally qualified successor. Section 6. Company shall indemnify and hold Municipality harmless from any and all claims and damages due to negligence on the part of Company or its employees in the construction, maintenance and operation of such electric and gas plants, poles, mains , lines, pipes , and other related services. Section 7. Company shall maintain adequate and contin- uous service to the inhabitants of Municipality, in accordance with its rules and regulations on file with the Missouri Public Service Commission subject however to temporary cessations of service loccasioned by fire, explosion, flood, strike, insurrection, mob , violence, governmental interference breakdown or injury to equipment or lines or other accidents or causes not reasonably within control of Company. Section 8. During the term of the franchise right, per- mission, and -authority granted by this ordinance, Company shall develop and implement a plan for the undergrounding of all utility distribution lines and services in the downtown area. Such plan Ishall be developed and presented to the City for approval within six (6) months of the approval and ratification of this ordinance by the voters of the City of Jefferson. For the purposes of this Isection, the definition of downtown area shall be that area bounded Missouri River, on the east b Jackson Street on the north by the M , y , on the south by the Rex M. Whitton Expressway, and on the west by Mulberry Street. - 3 - I Section 9. All rights and privileges granted by this i ordinance are granted for a term of twenty (20) years from and ( after the acceptance of this ordinance as hereinafter provided; but nothing herein shall be construed as giving Company an exclusive right to the privileges herein granted. Section 10. For the purpose of ratifying or rejecting the grant of said franch ise, a special elec tion o f the qualified voters of the City of Jefferson is hereby called, to be held in conjunction with the General Election on the first Tuesday after Ithe first Monday in November of 1980. Said election shall be held ► in the polling places designated by the appropriate election authority. The City Clerk is hereby directed and ordered to deliver a certified copy of this ordinance, and a Notice of City Election, to the County Clerk of the Counties of Cole and Callaway I j not later than 5:00 P.M. , on the seventh Tuesday prior to the date 1 of the Special Election, The ballots to be used in such election shall have printed thereon the words: "Shall Ordinance No. !2:�'z)., granting the right, permission and authority to Missouri Power & Light Company to construct, maintain and operate, in the City of Jefferson, County of Cole, State of Missouri, a system for the manufacture, transmission, distribu- tion and sale of electricity for lighting, heating, and power purposes, and a plant and system of mains, pipes, services and other appliances for the manufacture, transmission, distribution and sale of natural or artificial gas , or both, for lighting, heating, industrial and other uses , for a term of I' twenty (20) years from and after the acceptance of this ordinance, be ratified and approved? YES NO jINSTRUCTIONS TO VOTERS If you are in favor of the question, place an (X) mark in the box opposite 'YES' . if you are opposed to the question place an (X) mark in the box opposite 'NO' . i' Section 11. After the passage, approval and ratification of this ordinance, and within thirty (30) days after such ratifica- tion, this ordinance shall be accepted by Company by filing with the Clerk of Municipality an unconditional written acceptance thereof. i - 4 - r 1, i Section 12. This ordinance, upon ratification thereof by a majority of qualified voters at said election, and acceptance by Company as above provided, shall be and become a valid grant, and the rights therein granted shall thereupon become effective, subject to all the terms and conditions herein set forth. Should Company fail, neglect or refuse to perform or to comply with any of the conditions or terms of this ordinance, then this ordinance shall become null and void and the privileges granted hereby shall terminate. Provided, however, that in the event of such failure, neglect or refusal, Company shall first be notified in writing by Municipality of its default in this respect. Upon receipt of such notice, if Company remedies such failure, neglect or refusal with- in a reasonable time, then this ordinance and the privileges granted hereby shall continue in full force and effect, provided, further, that nothing herein shall be construed to require the termination of such privileges because of interruption to such service as a result of necessary repairs or other causes beyond the control of Company. Section 13. All provisions of this ordinance which are obligatory upon, or which inure to the benefit of said Missouri Power & Light Company, shall be obligatory upon and shall inure to the benefit of all successors and assigns of said Missouri Power & Light Company, and word "Company" wherever used in this ordinance shall include and be taken to mean not only Missouri Power & ?.sight Company, but all successors and assigns of said Missouri Power & Light Company. Section 14.- This ordinance shall be in full force and effect from and after its passage and approval. Pas d Approv d resident oY the C ncil Mayor Attest i�*erk - 5 - ACCEPTANCE OF ELECTRIC & GAS FRANCHISE ORDINANCE To the City Council of the City of Jefferson City, Cole County, Missouri. The Missouri Power & Light Company for itself, its successors and assigns, hereby accepts in writing, the Ordinance and all rights and privileges therein granted, passed by the City Council of the City of Jefferson City, Missouri, on the 18th day of August, 1980, and approved by the Mayor of Jefferson City on the 18th day of August, 1980, designated as Ordinance No. 9490, and entitled: An ordinance of the City of Jefferson City, Missouri, granting the franchise, right, permission and authority to the Missouri Power &. Light Company, a corporation organized and existing under and by virtue of the laws of the State of Missouri, its successors and assigns, to _ construct, maintain and operate a system for the manufacture, transmission, distribution and sale of electricity for lighting, heating, power and related purposes and a plant and system of mains, pipes, services and other appliances for the manufacture, transmission, distribution and sale of natural or artificial gas, or both, for lighting, heating, industrial and other uses, in, upon, over, across, under and along the streets, avenues, alleys, bridges and public places of the City of Jefferson, County of Cole, State of Missouri; providing the terms thereof; and providing for the submission of this franchise to the qualified voters of said City at a special election. This acceptance is executed and filed as provided in Section 11 of said Ordinance, and said Company herebyagrees to all the terms and conditions of said Ordinance. Dated at Jefferson City, State of Missouri, this 19th day of November, 1980. MISSOUR POWER & LIGHT C MPANY By J Pr ident r ATTEST: Secretary STATE OF MISSOURI ), COUNTY OF COLE ) SS. CITY OF JEFFERSON CITY ) I, Libby Tihen Clerk of the City of Jefferson y' State of Missouri, do hereby.,'certi:fy that the foregoing is a true and correct copy of'-acceptance of Ordinance No. ..9490,.,of .City of Jefferson City as therein described, the original of .which acceptance was filed in the office of the Clerk r. of said City on the 26th day of November , 1980, and is now recorded among the original records•,thereof, and that I am the keeper of the same. Witness my Band and the official seal of said City this 26th day of • November 1986. l� • Clerk (SEAL) -