[R.O. 2006 §640.070; CC 1978 §86.010; Ord. No. 2713, 9-20-2022[1]]
A.
The
non-exclusive franchise, right, permission, and authority is hereby
granted to, and vested in Cuivre River Electric Cooperative, Inc.,
a Missouri corporation, its successors and assigns, hereinafter called
"Cooperative," to construct, reconstruct, excavate for, place, maintain,
operate and use all necessary or appropriate poles, towers, wires,
conduits, conductors, manholes, underground vaults, mains, service
popes and other equipment, with all necessary or appropriate appurtenances
and appliances in connection therewith, in, along, across, over and
under the streets, roads, alleys, sidewalks, squares, bridges, and
other public places within the corporate limits of the City Of Warrenton
as now fixed and as hereafter extended, and areas dedicated to the
City of Warrenton for public utility use, for the purpose of furnishing
and distributing electricity for light, heat, power and other purposes
within the City of Warrenton, and for the purpose of transmitting
electricity through the City of Warrenton; all such equipment, appliances
and apparatus to be installed and maintained with due regard to and
the rightful use by other persons, with vehicles or otherwise, of
the streets, roads, alleys, sidewalks, squares, bridges and other
public places and areas dedicated to the City of Warrenton for public
utility use, and Cooperative's exercise of the rights, permission
and authority hereby granted shall at all times be subject to proper
regulation by the City of Warrenton in the exercise of its police
powers.
B.
As
consideration for the rights and privileges conferred by this Section,
and in lieu of any payments required by any previous ordinance, Cooperative
shall pay to the City of Warrenton on or before the twenty-fifth (25th)
day of each calendar month during the term of this franchise an amount
equal to four and eight-tenths percent (4.8%) of its gross receipts
from sales of electricity or electric service from each customer for
the preceding calendar month. All payments made hereunder shall be
reduced by the total of payments made by Cooperative for the applicable
periods of time or portions thereof on account of any tax levied or
imposed by the City of Warrenton upon the business of providing electricity
or electric service, or upon the proceeds of sales of electricity
or electric service or upon the right or privilege of engaging in
such business within said corporate limits, whether said tax be designated
as an occupation tax, a license tax, or otherwise; but not including
a sales tax levied or imposed pursuant to the City Sales Tax Act.
The first franchise payment shall be due on or before the twenty-fifth
(25th) day of each calendar month after the effective date of this Section
calculated on gross receipts for the preceding calendar month. With
each franchise payment hereunder, the Cooperative shall file with
the City Clerk of the City of Warrenton a sworn statement of the gross
receipts for applicable period and also a sworn statement of all payments
made by it for such period on account of any of the taxes herein above
in this Section enumerated. The term "gross receipts" means the aggregate amount of all sales and charges from the business
of supplying electricity or electric service made by Cooperative in
the City of Warrenton during any period less discounts, credits, refunds,
sales taxes and uncollectible accounts. Gross receipts derived from
the furnishing of such service to the City of Warrenton shall not
be included in gross receipts nor shall the franchise payment be due
on such gross receipts.
C.
All
facilities of Cooperative in the City of Warrenton be installed and
maintained in accordance with the applicable rules and regulations
of the Missouri Public Service Commission.
D.
In
order for Cooperative to render efficient and continuous electric
service it will be necessary for Cooperative to trim the trunks and
branches of trees along and over the streets, sidewalks, alleys, avenues,
squares, bridges and other public places in the City of Warrenton,
and other areas dedicated to the City of Warrenton for public utility
use, wherever the same are likely to come in contact with its equipment;
therefore, Cooperative or its agent is hereby granted the right to
trim such trees, including the trunk branches and all parts thereof,
so as to enable it to erect and maintain its equipment in a regular
and consistent form and manner and to enable it to provide the most
efficient and continuous service that the circumstances will permit;
provided, however, that Cooperative and its agents shall exercise
proper care and discretion in cutting and trimming said trees and
all parts thereof.
E.
The
rights, privileges and authority hereby granted shall inure to and
be vested in Cooperative, its successors and assigns, successively,
subject to all of the terms, provisions and conditions herein contained,
and each of the obligations hereby imposed upon Cooperative shall
evolve and be binding upon its successors and assigns, successively,
in the same manner. All rights, privileges and authority hereby granted
to Cooperative shall be freely assignable without being contingent
upon prior or subsequent approval of the City of Warrenton. Cooperative
shall give reasonable notice of its intent to assign or transfer its
rights and obligations to another corporate entity. In the event of
such transfer, the assignee shall be entitled to exercise its full
range of Statutory powers, even if those powers exceed assignor Cooperative's
Statutory charter, and any limit of Cooperative's authority shall
not be construed or applied to limit the powers of assignee.
F.
This Section
shall not be effective unless and until the grants of rights, permission
and authority herein contained by approved by the Board of Aldermen.
If such grant be so approved, this Section, and the grant herein contained,
shall be and continue in force and effect for a period of twenty (20)
years from the date of such election. Provided, however, that said
Cooperative, its successors or assigns, shall within sixty (60) days
after the date of such approval, file with the City of Warrenton Clerk
an acceptance of the provisions of this Section, and provided, further,
that if such acceptance be not so filed within said period of sixty
(60) days, all rights, privileges and authority herein granted shall
become null and void.
G.
Neither acceptance of, nor compliance with, the provisions of this Section shall in any way impair or affect or constitute or be construed as a relinquishment or waiver of, any right, permission or authority Cooperative and its successor or assigns may have independently of this Section; nor shall use by said Cooperative, its successors and assigns, of public property or places in the City of Warrenton as authorized by this Section, or service rendered by said Cooperative, its successors or assigns, in the City of Warrenton, be treated as use solely to this Section or to any obligation of service consequently upon acceptance thereof or as in any way indicating non-use of, or non-compliance with any obligation incident to, any right, permission or authority vested in said Cooperative, its successors or assigns, independently of this Section; and the acceptance provided for in Subsection (F) of this Section or with any obligation arising from acceptance thereof, shall be subject to, and conditioned by, the provisions of this Subsection (G) with the same force and affect as though each of the provisions of this Subsection were expressly incorporated in such acceptance and expressly declared by the acceptor, its successors or assigns, at and prior to the time of such compliance by it, as conditions of such compliance.
