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Home My Public Portal AboutORD07012 F2sr ff _... __ ECTION 2. The Mayor of the City of Jefferson is hereby authorized nd directed to sign the above described Warrant. ECTION 3. The City Treasurer of the City of Jefferson, Missouri, ({ s authorized to make payment of the above described Warrant. #' ECTION 4. Said Warrant shall be drawn at the same time as• all othe arrants are drawn in payment of the salaries and expenses of ity officials for the month of December, 1960. assed: 12/5/1960 Approved: 1218/60 C. F. Whale /s/ C. F. Whales/s/ resident of the Council Mayor 1 Attest: City Clerk NO. 7012 N ORDINANCE GRANTING THE FRANCHISE, RIGHT, PERMISSION AND AUTHORI TO HE MISSOURI POWER & LIGHT COMPANY, A CORPORATION ORGANIZED AND XISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF MISSOURI, TS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE A I� YSTEM FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION AND SALE OF I LECTRICITY FOR LIGHTING, HEATING AND POWER PURPOSES AND A PLANT ANDI YSTEK OF MAINS, PIPES, SERVICES AND OTHER APPLIANCES FOR THE �f NUFACTURE, TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL AND/OR TIFICIAL GAS FOR LIGHTING, HEATING, INDUSTRIAL AND OTHER USES, ON,�i N. UPON, OVER, ACROSS AND ALONG THE STREETS, AVENUES, ALLEYS, BRIDD S, ND BUBLIC PLACES OF THE CITY OF JEFFERSON, COUNTY OF COLE, STATE �1 F MISSOURI; PROVIDING THE TERMS THEREOF; AND PROVIDING FOR THE UBMISSION OF THIS FRANCHISE TO THE QUALIFIED VOTERS OF SAID CITY ATf SPECIAL ELECTION. I� EREAS, Missouri Power & Light Company, a corporation duly organize` nd existing under the laws of the State of Missouri, hereinafter esignated as "Company" has applied to the City of Jefferson, i ereinafter designated as "Municipality" , asking that the franchise, , ight, permission and authority be granted to it, its successors and' ssigns, by ordinance to construct, maintain and operate in said ity a system for the manufacture, transmission, distribution and ale of electricity for lighting, heating and power purposes and a lant and system of mains, pipes, services and other appliances for he manufacture, transmission, distribution and sale of natural and/ r artificial gas for lighting, heating, industrial and other uses; nd EREAS, Company has duly complied with all the provisions of the laws f the State of Missouri, and with all ordinances of said Municipality ith reference to the obtaining of such right, privilege and authority; OW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, S FOLLOWS: ECTION 1: That the franchise, right, permission and authority be, l nd the same are hereby granted to Company to construct, maintain an perate a system for the manufacture, transmission, distribution and ale of electricity for lighting, heating and power purposes and a lant and system of mains, pipes, services and other appliances for he manufacture, transmission, distribution and sale of natural and/ � r rtificial gas for lighting, heating, industrial and other uses in, I 11 i G __. __.._._..__-------------..._..--. .._._. __....__....__.....-.__-. _ ._�..._ .... ' upon, over, across and along the streets, avenues, alleys, bridges and public places of Municipality. i� SECTION 2: All poles, conduits, wires, fixtures, guys, mains, piper, 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 j! supervision as Municipality may from time to time provide so as not to injure unnecessarily any pavement, sidewalks, drains, severs or other like improvements and Company shall repair the damage caus,d by such location to pavements, sidewalks, drains, sowers, water pip, and other public places. All necessary work shall be done with t� due and reasonable dispatch and with the least practicable inter- ference with the rights of the public. Company may trim trees where necessary in Municipality in accordance with the ordinances I and regulations currently in force in Municipality. !�I I SECTION 3: When any street, avenue, alley, bridge or public place, ] upon which and in which any poles, mains, services or other equip- ment of Company have been placed, shall be graded, curbed, paved or otherwise changed so as to make the resetting or reconstruction - of such poles or the relocation of such mains and services necessa , Company, its successors and assigns shall make such necessary �lchange irconstruction, but the cost of such change shall be paid one-half by Company and one-half by Municipality; provided, however , 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, burb lines and sidewalk lines have Ilalready 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 reserNes 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 been received by Company, and upon payment by the person desiring the same of the reasonable cost and damage resulting from the removing changing and replacing of such wires by Company, it shall 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 to make such change or removal except at a reasonable time. SECTION 5: The rates to be charged by Company under this ordinanc shall be in accordance with those now or hereafter filed with and 1 approved by the Missouri Public Service Commission or its legally qualified successor. SECTION 6: Company shall supply all electric energy used by ;( Municipality, other than street lighting, at the rate of 2 cents p r kwh. Company shall allow a discount of 20 per cent on the present rates for street lighting. The rate and discount specified in this paragraph shall apply for the life of this franchise. i SECTION 7: 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. I� _ _ __..__..__.._..__......_...ti. ... ... _....._ .. ._...._.._..._,__ .,» .. SECTION 8: Company shall maintain adequate and continuous service to the inhabitants of Municipality, in accordance with its rules an regulations on file with the Missouri Public Service Commission i subject however to temporary cessations of service occasioned by fire, explosion, flood, strike, insurrection, mob violence, govern- j� mental interference, breakdown or injury to equipment or lines or other accidents or causes not reasonably within control of Company. SECTION 9: All rights and privileges granted by this ordinance are granted for a term of twenty (20) years from and after the acceptan e of this ordinance as hereinafter provided; but nothing herein shall be construed as giving Company an exclusive right to the privileges ' herein granted. I 1 SECTION 10: A special election of the qualified voters of the City ! of Jefferson is hereby called, to be held on the 31st day of j January, 1961, for the purpose of ratifying or rejecting the grant of. said franchise. Said election shall be held in the following designated polling places: IRST WARD: _ FIRST PRECINCT - Capitol Upholstering Co. , 627 E. High Street SECOND PRECINCT - Central Motors, 1001 E. High Street . THIRD PRECINCT - Joe Schulte Residence, 200 Polk Street SECOND WARD: FIRST PRECINCT - Wymore Apts. , McCarty & Washington Sts. SECOND PRECINCT - Basement Cole County Courthouse HIRD WARD: FIRST PRECINCT N. 0. Nelson Flfg. Co. , 308 Mulberry St. � SECOND PRECINCT - J. 0. Cardwell' s T.V. , 711 W. Main i THIRD PRECINCT - Sheet' s Apt. (or Basement) , 1426 W. Main (� FOURTH PRECINCT - West School f FOURTH WARD: 1 FIRST PRECINCT - Carpenter' s Bldg. , Old Broadway School SECOND PRECINCT - (DeLong Window Co.) 830 Jefferson St. THIRD PRECINCT - Southwest School, Sit. Mary' s Blvd. IFT11 WARD: FIRST PRECINCT - Annex Central School SECOND PRECINCT - Gulf Service Station,. 629 Clark Ave. THIRD PRECINCT - Johnny' s Market, 1217 Monroe FOURTH PRECINCT - State Park e ballots used in such election shall have printed thereon the Words: "Shall Ordinance No. 7012, 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, distri- bution and sale of electricity for lighting, heating and power purposes and a plant and system of mains, pipes, services and other appliances for the manu- facture, transmission, distribution and sale of natural and/or artificial gas for lighting, heating, industrial and other uses for a term of twenty (20) years from and after the acceptance of this ordinance, be ratified and approved? I. YES NO INSTRUCTIONS TO VOTERS To cast a ballot 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"' . Said election shall be held under the supervision of two judges in each polling place, to be appointed by this council, by ordinance , or resolution, and two clerks in each polling place, to be appointed by said judges, all of whom shall have the qualification of judges and clerks at a general election in said Municipality. Said election as to time of opening and closing the polls, and. preparing, receiving and depositing the ballots, and recording the names of the voters and in all other respects shall be conducted - in accordance with the laws governing the holding of a general stat or county election, so far as practical. ISECTION 11: The City Clerk is hereby directed to give notice of the holding of said election and of the proposition to be voted thereon, in the manner required by law. SECTION 12: Company shall pay all of the necessary expense in connection with said election. SECTION 13: After the passage, approval and ratification of this , ordinance and within thirty days after such ratification, this ordinance shall be accepted by Company by filing with the Clerk of Municipality an unconditional written acceptance thereof. SECTION 14: 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, subje t to all the terms and conditions herein set forth. Should Company II 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 viod 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. inotice, if Company remedies such failure, neglect or refusal withir : a reasonable time, then this ordinance and the privileges granted 11hereby 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 15: All provisions of this ordinance which are obligatory upon or which inure to the benefit of said Missouri Power & Light it it Company, shall be obligatory upon and shall inure to the benefit 0