[R.O. 2013 § 615.120; Ord. No. 07-04 §§ I – II(12-17), 3-20-2007]
There is hereby granted to Missouri
Gas Energy, a division of Southern Union Company, a Delaware Corporation
operating a gas distribution system, herein called the Company, its
successors and assigns the rights, privilege and franchise for a period
of twenty (20) years from May 4, 2007, to construct, maintain and
operate in the present and future streets, alleys, bridges and public
places in the City of Fayette, Missouri, herein called City, its gas
distribution system as now located, together with 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, which grant shall be subject to all lawful ordinances of
the City of Fayette now in existence or hereafter enacted which are
not inconsistent herewith. Provided, further, that Company shall,
upon acceptance of this franchise, be obligated to remove, relocate
or adjust as promptly as is practical any of its gas distribution
facilities located in or upon the City's streets, alleys, bridges
or other public places at no expense to the City when reasonably requested
to do so by the City. Such request made by the City shall be deemed
reasonable unless shown to be otherwise by the Company.
[R.O. 2013 § 615.130; Ord. No. 07-04 §§ I – II(12-18), 3-20-2007]
All rates established and charges
made by Company for gas transported, distributed and sold hereunder
shall be subject to valid and lawful orders of the Public Service
Commission of the State of Missouri, and other competent authority
having jurisdiction in the premises, and the transportation, distribution
and sale of gas to consumers shall be governed by the present operating
rules, regulations and customs of Company and such rules and regulations
as may hereafter be prescribed or approved.
[R.O. 2013 § 615.140; Ord. No. 07-04 §§ I – II(12-19), 3-20-2007]
In consideration of and as compensation
for the right, privilege and franchise hereby granted, the Company,
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 to each consumer a recognized standard meter or other
instrument for measurement of gas sold or computation of consumer's
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 by the Company of its plant system or any part thereof;
shall limit all excavations of streets, alleys or public places to
the necessity of efficient operation and shall not at any one time
open or encumber more of a highway or public place than shall be reasonably
necessary to enable Company to proceed with advantage in laying 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 good 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;
and shall repay said City all expense to which it has been put in
the repair or replacement of streets, highways or pavements in the
event such work is done by said City after the neglect or refusal
of Company to perform same in a reasonable time.
[R.O. 2013 § 615.150; Ord. No. 07-04 §§ I – II(12-20), 3-20-2007]
Company shall not later than the
first day of each calendar month in each year make a report to the
governing board of the City of its gross receipts from the sale of
natural gas for domestic and commercial purposes within the corporate
limits of said City for the one (1) month period ending on the first
day of the month next preceding that on which the report is due; and
at the time of making such reports, pay into the City Treasury a sum
equal to five percent (5%) of said gross receipts subsequent to the
effective date of this franchise. So long as Company shall be required,
by any regulatory authority having jurisdiction, to separately state
the franchise tax increment of its charges for natural gas service
rendered under the franchise hereby granted, the term "gross receipts,"
as used herein, shall not include the separately stated tax increment.
Said percentage of Company's gross receipts is hereby levied and assessed
as an occupation and license tax (in lieu of all other occupation,
license or other revenue taxes or fees) for the privilege of engaging
in the business herein recited during the term hereof; and as a further
consideration for this franchise, Company agrees to recognize the
same as a valid tax and make said payments during such periods.
[R.O. 2013 § 615.160; Ord. No. 07-04 §§ I – II(12-21), 3-20-2007]
If a majority of the Board of Aldermen
express their assent to the granting of said franchise, said franchise
shall become effective immediately, provided that the Company 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 vote.
[1]
Editor's Note: Article IV, Universal Cable Communications,
Inc., Franchise, of the 2013 Revised Ordinances, which immediately
followed this Section, was repealed by the City during the 2023 recodification
project.
