HomeMy WebLinkAboutOrd.857.04-16-1990 , • , .
BILL N0. 90-93 ORDINANCE N0. OS /
AN ORDINANCE RENEWING A TEMPORARY PERMIT TO UNION
ELECTRIC COMPANY, A CORPORATION ORGANIZED AND EXISTING
UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF MISSOURI,
FOR A PERIOD OF ONE YEAR, SUBJECT TO AMENDMENT,
ALTERATION, OR REVOCATION AT ANY TIME AT THE WILL OF THE
CITY COUNCIL, TO CONSTRUCT, MAINTAIN AND OPERATE IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, A MUNICIPAL
CORPORATION, ORGANIZED AND EXISTING UNDER AND BY VIRTUE
OF THE LAWS OF THE STATE OF MISSOURI , A SYSTEM FOR THE
MANUFACTURE, TRANSMISSION AND SALE OF ELECTRICITY FOR
LIGHTING, HEATING, POWER AND FOR ANY AND ALL PURPOSES ; AN
EMERGENCY MEASURE
ti��HEREAS , pursuant to Ordinance No . 223 of the City Council of
the City of Cape Girardeau , Missouri , a municipal corporation
orqanized and existinq under and by virtue of the laws of the
State of Missouri (the "City" ) , passed and approved on
February 15 , 1968 ( "Ordinance No . 223" ) , the City qranted a
twenty-year franchise to Missouri Utilities Company, a corporation
orctanized and existina under and by virtue of the laws of the
State of Missouri ( "Missouri Utilities Company" ) , qivinq Missouri
Utilities Compan_y , the riqht , permission and authority to
construct , maintain and operate in the City , a system for the
manufacture, transmission and sale of electricity for liqhtina ,
heating , power and for any and all purposes ; and
�dHEREAS , pursuant to Ordinance No . 226 of the City , passed and
approved on February 15 , 1968 ( "Ordinance No . 226" ) , the City
Council called a special election of the aualified voters of the
City , to be held in the City on March 18 , 1968 , for the purpose of
submittinq for approval Ordinance No . 223 of the City , qrantinq to
Missouri Utilities Company an electric franchise in said City for
a term of twenty Years ; and
WHEREAS , pursuant to Ordinance No. 246 of the City , passed and
approved on March 21 , 1968, the City Council canvassed the results
of the special election held in the City on March 18 , 1968 , on the
proposition of grantinq an electric franchise to Missouri
Utilities Company and declared that �rdinance No. 223 was approved
and ratified by a majority of the qualified voters of the City ; and
WHEREAS , pursuant to Ordinance No. 223, Missouri Utilities
Company accepted the terms thereof on March 29 , 1968 , b_y filin_q an
Acceptance of Franchise with the Clerk of the City ; and
WHEREAS , the electric franchise aranted to Missouri Utilities
Company expired as of March 29 , 1988 ; and
WHEREAS, Union Electric Company , a corporation orqanized and
existinq under and by virtue of the laws of the State of Missouri
( "Union Electric" ) , has now succeeded to all of the properties and
riQhts of Missouri Utilities Company throuqh a merqer of the two
companies ; and
WHEREAS , Section 9 . 04 of the Charter of the City provides for
the qranting by ordinance on such terms and conditions as the City
may determine , temporary permits for the operation of public
franchises for periods not to exceed two years but subject to
beinq renewed for a period not to exceed one year and subject to
amendment , alteration or revocation at any time at the will of the
Citv ; and
WHEREAS , temporary permits qranted pursuant to Section 9 . 04 of
the City Charter shall in no event be construed to be franchises
or extensions or amendments of franchises ;
WHEREAS , on February l , 1988 , by Ordinance No . 546 , the City
of Cape Girardeau qranted to Union Electric Company a two ( 2) year
temporary permit to continue its operation .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS :
ARTICLE 1 . That under the authority of Section 9 . 04 of the
City Charter , a renewal of the temporary permit ( the "Permit " ) be
and the same hereby is granted to Union Electric , its successors
and assiqns , to construct , maintain and operate within the
corporate limits , as they now exist or as they may be hereafter
extended , of the City , a system for the manufacture, transmission ,
distribution and sale of electricity for liqhting , heatinq , power
and for any and all other purposes ; and for such purposes to
construct , maintain and operate all necessary poles , wires ,
conduits and apparatus necessary or convenient for such system in ,
uPon , across and under each and all of the streets , alleys ,
avenues and other public places , subject to the conditions and
requlations hereinafter set forth .
ARTICLE 2. All overhead poles and wires erected under this
qrant shall be placed in streets or alleys , whenever practicable
to do so, and shall be so placed , whether in streets , alleys ,
avenues or other public places , as not to interfere unnecessarily
with travel on such streets , alleys , avenues and other public
places . All poles erected under this ordinance shall be no less
than twenty-five ( 25) feet in lenqth, and shall be so located as
not to injure unnecessarily any drains , sewers , catch basins ,
water pipes or other public improvements , but should any pavement
or drain , sewer , catch basin, water pipe or other like improvement
be injured by such location, Union Electric shall forthwith repair
the damaqe caused by such injury to the satisfaction of the City .
All abandoned poles shall be removed as soon as the service is
discontinued. All poles shall be set on straiqht lines so far as
possible, and all overhead wires , conductors and cables shall , so
far as possible , be kept at least eighteen ( 18) feet above level
of the qround .
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ARTICLE 3. The right and privileqe of Union Electric to use
the streets , avenues , alleys , lanes , and public qrounds of the
City as they now exist , or as they may be subsequently extended ,
shall be a subservient riaht to such use by the City , and should a
conflict of use arise durinq the life of the Permit , Union
Electric shall make such construction chanqes as necessitated by
the City use , and further , such changes shall be at the sole
expense of Union Electric .
ARTICLE 4. The rates to be charqed by Union Electric for
electricity distributed and sold under the Permit shall be in
accordance with those on file with the Public Service Commission,
State of Missouri , or those that may be filed from time to time ,
and said electricity shall be furnished under such conditions as
to service as ma_y be prescribed by said Commission .
ARTICLE 5 . All riqhts and privileq_ es qranted by the Permit
are extended and renewed for the term of one ( 1 ) year from and
after the 29th dav of March , 1990 . The Permit is subject to
amendment , alteration , or revocation at any time , at the will of
the City Council .
IN NO EVENT SHALL THE PERMIT BE CONSTRUED TO BE A FRANCHISE,
OR AN EXTENSION OR AMENDMENT OF A FRANCHISE,
ARTICLE 6 . Union Electric shall have the riqht to remove its
poles , wires , conduits , apparatus and other property from the
streets , alleys , lanes , and public qrounds of the City within a
reasonable time after the expiration or revocation of this Permit .
ARTICLE 7 . Union Electric shall keep and hold the City
harmless from all liability for damaqe to propertyo ur injury to
persons growinq out of the neqliqent exercise by Union Electric of
the riqhts and privileqes qranted by this ordinance and the Permit .
ARTICLE 8 . Union Electric shall , upon the passaqe and
approval of this ordinance , enter into a new street liqhtinq
contract with the City at existinq rates , subject , however , to a
discount of twenty-five per cent ( 25� ) on the entire bill .
ARTICLE 9 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri , this measure is adopted as an
emeraency measure as it constitutes a Bill concerninq the
immediate preservation of public peace , property , health , safety
or morals . Accordinaly, this ordinance will take effect
immediately upon its passaqe and approval .
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, �� � .
PASSED AND APPROVED THIS �� DAY OF , 19�.
�
y!1 l�G�Lil.Y _i' ��//'��
Francis E. Rhodes, Mayor
ATTEST:
� /�-�C
Juli . Dale
Depu City Clerk
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