Chapter 10

FRANCHISES

CONTENTS

ARTICLE I.  IN GENERAL

§ 10-1.    Definitions.
§ 10-2.    License tax.
§ 10-3.    Filing of statement of gross receipts.
§ 10-4.    Payment of license tax.
§ 10-5.    Severability.
§ 10-6.    Penalty.
§§ 10-7 to 10-11.  Reserved.

ARTICLE II.  TELEPHONE COMPANY

§ 10-12.  License.
§ 10-13.  Terms.
§ 10-14.  Grantee to raise wires.
§ 10-15.  Tree trimming permitted.
§§ 10-16 to 10-20.  Reserved.

ARTICLE III.  UNION ELECTRIC COMPANY

§ 10-21.  Franchise granted.
§ 10-22.  Applicable rules and regulations.
§ 10-23.  Trim trees.
§ 10-24.  Vesting of rights.
§ 10-25.  File acceptance with City Clerk.
§ 10-26.  Term of franchise.
§ 10-27.  Right of Company.
§ 10-28.  Conflicting ordinances repealed.
§ 10-29.  Obligations of Company.
§ 10-30.  Severability.
§ 10-31.  Liability and indemnification
§ 10-32.  .Filing with City Clerk.
§§ 10-33 to 10-34.  Reserved.

ARTICLE IV.  CABLE TV

§ 10-35.  Authority.
§ 10-36.  Franchise grant.
§ 10-37.  Rights conferred by Franchise.
§ 10-38.  Installation of cable system.
§ 10-39.  Relocation of property.
§ 10-40.  Rates and charges.
§ 10-41.  Indemnification.
§ 10-42.  Payment to city.
§ 10-43.  Franchise termination.
§ 10-44.  Publication costs.
§ 10-45.  Local office or agent.
§ 10-46.  Severability.
§ 10-47.  Maps - Location of facilities.
§ 10-48.  Repeal of conflicting ordinances.
§ 10-49.  Renewal of Franchise.
§§ 10-50 to 10-53. Reserved.

ARTICLE V.  LONG TERM CONTRACTS

§ 10-54.  Street lighting contract.
§ 10-55.  Electric service contract.
§ 10-56.  Contract with Union Electric Company, d/b/a AmerenUE.
§§ 10-57 to 10-60.  Reserved.

Chapter 10

FRANCHISES

ARTICLE I
IN GENERAL 

Sec. 10-1.  Definitions.

      Person - The word "person" when used in this Chapter shall include any individual, firm, copartnership, joint partnership, joint adventure, association, corporation, estate, business trust, trustee, receiver, syndicate, or any other group or combination as a unit, in the plural as well as the singular number.  (§541.101, 1978 Code)

Sec. 10-2.  License tax.

      (a) Every person now or hereafter engaged in the business of supplying electricity, gas, telephone service, or water for compensation for any purpose in the City of Vienna, and every manufacturing corporation now or hereafter engaged in the manufacture of gas for compensation for any purpose in the City of Vienna, shall pay to the City of Vienna, as a license tax, a sum equal to five percent (5%) of the gross receipts from such business.  (§541.111, 1978 Code)

            (1) That the City of Vienna, in order to maintain its sources of revenue at its historical level, hereby determines to maintain the 4.61% percent gross receipt tax against the Union Electric Company.  (Ord. 29, §1.)

      (b) The tax herein required to be paid shall be in lieu of any other occupation tax required of any person engaged in any of the businesses described above, but nothing herein contained shall be so construed as to exempt any such person from the payment to the City of Vienna of the tax which the City of Vienna levies upon the real or personal property belonging to any such person, nor the tax required of merchants or manufacturers for the sale of anything other than electricity, gas, telephone service, or water, nor shall the tax herein required exempt any such person from the payment of any other tax which may be lawfully required other than an occupation tax on any of the businesses described in subsection (a) above.  (§541.111, 1978 Code)

      (c) All churches located in the City of Vienna, Missouri, shall be exempt from payment of the license tax on the gross receipts from the sale of electricity as said tax is imposed by Section 10-2, 1978 Revised Ordinances of the City of Vienna, Missouri.  (Ord. 24, §1.)

Sec. 10-3.  Filing of statement of gross receipts.

      It is hereby made the duty of every person engaged in any of the businesses described in Section 10-2 hereof to file with the clerk of the City of Vienna on the first day of March, of each year, a sworn statement of the gross receipts of such person from such business from the first day of January of the preceding year to the thirty-first day of December of that same year.  The clerk of the City of Vienna or his duly authorized deputy shall be and is hereby authorized to investigate the correctness and accuracy of the statement required and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.  (§541.115, 1978 Code)

Sec. 10-4.  Payment of license tax.

      Every person now or hereafter engaged in any of the businesses described in Section 10-2 shall pay to the city collector of the City of Vienna on the 15th day of March and on the 15th day of September of each year an amount equal to five percent (5%) of said persons' gross receipts from said business for the preceding six calendar months.  (§541.117, 1978 Code)

Sec. 10-5.  Severability.

      If any section or sections, or part thereof, of this Article shall be held invalid for any reason, the invalidity of such section or sections, or part thereof, shall not impair the validity of the remaining section, sections or part of this Article, the city council hereby declaring that it would have passed the remaining portion of the ordinance had it known any section, sections, or part thereof would be held invalid.  (§541.147, 1978 Code)

Sec. 10-6.  Penalty.

      Any person engaged in any of the businesses described in Section 10-2 who shall violate any of the provisions of the foregoing Article, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one dollar nor more than one hundred dollars.  Each day's violation of this Article shall constitute a separate offense.  (§541.149, 1978 Code)

Secs. 10-7 to 10-11.  Reserved.

ARTICLE II
TELEPHONE COMPANY

Sec. 10-12.  License.

      The Ozark Central Telephone Company, its successors and assigns (herein referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Vienna, State of Missouri, (herein referred to as "City").  The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said city shall remain as now constructed, subject to such changes as may be considered necessary by the city in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, and the public grounds and places within the limits of said city as the same from time to time may be established.  (§541.311, 1978 Code)

 (Ordinance originally enacted on May 19, 1953.  On December 4, 1953, Southwestern Bell Telephone Company, successors to Ozark Central Telephone Company, agreed to accept the terms of this Ordinance.  The acceptance was received by the Vienna City Clerk on January 14, 1954.)

Sec. 10-13.  Terms.

      (a) Nothing in this Article contained shall be construed to require or permit any electric light or power wire attachments by the city or for the city.  If light or power attachments are desired by the city or for the city, then a separate noncontingent agreement shall be a prerequisite to such attachments.

      (b) Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within the city.  (§541.315, 1978 Code)

Sec. 10-14.  Grantee to raise wires.

      The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures.  The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the Telephone Company may require such payment in advance.  The Telephone Company shall be given not less than fifty-eight hours advance notice to arrange for such temporary wire changes.  (§541.329, 1978 Code)

Sec. 10-15.  Tree Trimming Permitted.

      Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said city so as to prevent the branches of such trees from coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may be delegated.  (§541.333, 1978 Code)

Secs. 10-16 to 10-20.  Reserved.

ARTICLE III
UNION ELECTRIC COMPANY

Sec. 10-21.  Franchise granted.

      The franchise, right, permission and authority is hereby granted to, and renewed and vested in Union Electric Company, a Missouri corporation, its successors and assigns, hereinafter called "Company", to construct, reconstruct, excavate for, place, maintain, operate and use all necessary or appropriate poles, towers, wires, conduits, conductors, manholes, underground vaults, 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 Vienna, hereinafter called "City", as now fixed and as hereafter extended, and areas dedicated to the City for public utility use, for the purpose of furnishing and distributing electricity for light, heat, power and other purposes within said City and in territory adjacent to said City, and for the purpose of transmitting electricity through said City, 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 for public utility use, and Company's exercise of the rights, permission and authority hereby granted shall at all times be subject to proper regulation by the City in the exercise of its police powers.  (Ord. 13, §1; Ord. 100, §1)

Sec. 10-22.  Applicable rules and regulations.

      All facilities of Company in said City shall be installed and maintained in accordance with the applicable rules and regulations of the Missouri Public Service Commission.  (Ord. 13, §2; Ord. 100, §2)

Sec. 10-23.  Trim trees.

      In order for Company to render efficient and continuous electrical service it will be necessary for Company to trim the trunks and branches of trees along or over the streets, sidewalks, alleys, avenues, squares, bridges and other public places in said City, and areas dedicated to the City for public utility use, wherever the same are likely to come in contact with its equipment; therefore, Company 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 Company shall exercise proper care and discretion in cutting and trimming said trees and all parts thereof.  (Ord. 13, §3; Ord. 100, §3)

Sec. 10-24.  Vesting of rights.

      The rights, privileges and authority hereby granted shall inure to and be vested in Company, its successors and assigns, successively, subject to all of the terms, provisions and conditions herein contained, and each of the obligations hereby imposed upon Company shall devolve and be binding upon its successors and assigns, successively, in the same manner.  (Ord. 13, §4; Ord. 100, §4)

Sec. 10-25.  File acceptance with City Clerk.

      This Ordinance shall confer no right, privilege or authority on Company, its successors, licensees, transferees or assigns unless Company shall within ninety (90) days after due notice to the Company of the enactment of this Ordinance, file with the City Clerk an acceptance of the terms and provisions hereof; provided, however, that if such acceptance be not so filed within said period of ninety (90) days, all rights, privileges, and authority herein granted shall become null and void.  (Ord. 13, §5; Ord. 100, §5)

Sec. 10-26.  Term of franchise.

      This Ordinance and Franchise, upon its enactment and its acceptance by Company, as hereinbefore provided, shall continue and remain in full force and effect for a period of twenty (20) years from the filing of the Company's acceptance..  (Ord. 13, §6; Ord. 100, §6)

Sec. 10-27.  Right of Company.

      The City acknowledges that Company is vested in rights, permissions and authority independent of this Ordinance. Neither acceptance of this Ordinance nor compliance with its provisions shall impair in any way or waive any right, permission or authority which Company may have independent of this Ordinance. In addition, neither use by Company of public property or places as authorized by this Ordinance nor service rendered by Company in said City shall be treated as use solely of the rights, permission and authority provided for by this Ordinance and in no way shall indicate non-use of any right, permission or authority vested in the Company independent of this Ordinance. (Ord. 13, §7; Ord. 100, §7)

Sec. 10-28.  Conflicting ordinances repealed.

      All ordinances and parts of ordinances in conflict with this Ordinance or with any of its provisions are, to the extent of such conflict, hereby repealed.  (Ord. 13, §8; Ord. 100, §8)

Sec. 10-29.  Obligations of Company.

      This Ordinance shall not relieve Company of the obligation to comply with any ordinance not existing in the City or enacted in the future requiring Company to obtain written permits or other approval from the City prior to commencement of construction of facilities within the streets thereof, except Company shall not be required to obtain permits or other approval from the City for the maintenance and repair of its facilities.  (Ord. 13, §9; Ord. 100, §9)

Sec. 10-30.  Severability.

      If any provision of this Ordinance, or the application of such provision to particular circumstances, shall be held invalid, the remainder of this Ordinance, or the application of such provision to circumstances other than those as to which it is held invalid, shall not be affected thereby.  (Ord. 13, §10; Ord. 100, §10)

Sec. 10-31.  Liability and indemnification.

      Company, its successors and assigns, agrees to hold harmless and indemnify the City from and against any and all liabilities, costs, and expenses, including without limitation, attorneys' fees incurred by City by reason of personal injury to or death of any person or damage to the property of any other person, to the extent such personal injury, death or property damage is caused by the tortuous conduct of Company in the exercise of the foregoing rights, provided that City shall give Company prompt notice of any such occurrence or claim of liability.  (Ord. 100, §11)

Sec. 10-32.  Filing with Cit Clerk.

      This bill shall take effect and the rights, privileges and authority hereby granted and renewed shall vest in Company upon its filing of an acceptance with the City Clerk according to the terms prescribed herein. The Ordinance shall be subject to approval or disapproval of the voters of this City only upon the terms and conditions as provided in RSMo. §88.251 (1994). If the City Clerk does not receive within thirty days after the passing of this Ordinance a petition sufficient in form and signed by the requisite number of voters, it shall be a valid and binding franchise of the City upon the filing of an acceptance by the Company according to the terms prescribed herein and shall remain in full force and effect and cannot be repealed or amended.  (Ord. 100, §12)

Secs. 10-33 to 10-34.  Reserved.

ARTICLE IV
CABLE TV

Sec. 10-35.  Authority.

      This Article is passed and approved by the board of aldermen of the City of Vienna, Missouri and enacted pursuant to the laws of the State of Missouri.  (Ord. 16, §1)

Sec. 10-36.  Franchise grant.

      Pursuant to law, a nonexclusive franchise is granted to LaMonte Cable, a Missouri corporation, to construct, own and operate a cable television system in the City of Vienna, Missouri.  Said nonexclusive franchise is granted for a period of fifteen (15) years, and shall vest all the rights, privileges and immunities of a cable system with Vienna, Missouri, however, said nonexclusive franchise shall be subject to and conditional upon all the terms, duties and obligations found in the laws of the State of Missouri, rules and regulations of the Federal Communications Commission and of this Article.  (Ord. 16, §2)

Sec. 10-37.  Rights conferred by Franchise.

      (a) This Article confers upon the Grantee the nonexclusive right, authority, power and franchise to establish, construct, acquire, own, operate and maintain a cable television system within the City, and to render, furnish and sell such service to the inhabitants of the City and its environs and to use and occupy the streets and other public places within the corporate limits of the City as the same now exists or may hereafter exist for its cable television system, including the right to enter and construct, erect, locate, relocate, repair, and rebuild, in, on, under, along, over, and across the streets, alleys, avenues, parkways, lanes, bridges, to make use of all land dedicated or acquired for public use and locations approved by the city engineer, and other public places in the City, for all towers, poles, cables, amplifiers, conduits, and other facilities owned, leased, or otherwise used by Grantee for the furnishing of cable television service within the City during the continuance of the franchise hereby granted, and in accordance with the laws and regulations of the United States of America, the State of Missouri and ordinances and regulations of the City of Vienna, Missouri.

      (b) The poles used for the Grantee's distribution system shall be those erected and maintained by anyone authorized to maintain poles in the streets or public ways when and where practicable.  It is contemplated that reasonable standard pole attachment agreements will be entered into.  Grantee is specifically granted the right to set its own poles in the event reasonable joint use is not possible or feasible.  In any areas where electric and telephone utilities are now underground and in any new subdivision or new additions where said utilities are underground, the Grantee will lay its cable underground.

      (c) The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by the Grantee and to reasonably designate where such facilities are to be placed within the public ways and places.  (Ord. 16, §3)

Sec. 10-38.  Installation of Cable System.

      (a) The Grantee shall have commenced and accomplished a significant construction of the cable system facilities authorized in this Article within six months after the effective date of this Article, and shall thereafter equitably and reasonably extend energized trunk cable to such percentage of its franchised area as will accomplish completion of the cable system within six months after the beginning of the construction.

      (b) The installation of the cable system shall be in accordance with the requirements of the National Electric Safety Code of the American Insurance Assn., latest edition, all applicable laws, ordinances, rules and regulations of the FCC, the State of Missouri, and of the City affecting electrical installations and buildings, now or hereafter in effect.

      (c) The Grantee, subject to the rights of adjoining property owners, at its expense, shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and other public places of the City so as to prevent the branches of such trees from coming into contact with the wires and cables of Grantee, all trimming to be done under the supervision and direction of the City.

      (d) The Grantee shall at its expense protect, support, temporarily disconnect, relocate or remove any property of the Grantee located upon streets, rights of way and easements of the City, when required by the City because of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines and tracks or any other type of structure or improvement by the City.  If the Grantee fails to do so, the City may cause the necessary work to be completed and Grantee shall pay the City the cost thereof within ten (10) days after the receipt of an itemized account of such cost.  (Ord. 16, §4)

Sec. 10-39.  Relocation of property.

      The Grantee, at the request of any person holding a permit issued by the City, shall temporarily remove, raise or lower its wires or cables to permit the moving of buildings or equipment.  The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the Grantee may require such payment in advance.  The Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire or cable change.  (Ord. 16, §5)

Sec. 10-40.  Rates and Charges.

      (a) All rates and charges made by the Grantee for its services shall be fair, reasonable, just and uniform.

      (b) Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall reasonably be necessary to enable the Grantee to exercise its rights and perform its services under this franchise and to assure an uninterrupted service to each and all of its customers.  (Ord. 16, §6)

Sec. 10-41.  Indemnification.

      The Grantee agrees to hold and save said City harmless from any and all liability that may arise out of the construction, maintenance, operation or use of Grantee's system and works and the providing of such services and to provide and keep in force adequate liability insurance therefore, to the extent of bodily injury limits of $500,000 - $500,000 and a property damage limit of $300,000 - $300,000, naming the City as an additional insured, as its interest may appear.  Grantee shall also provide and maintain insurance under a Broad Form Automobile policy with $100,000 - $300,000, $100,000 coverage limits and Workmens Compensation insurance with state statutory limits.  All insurance shall be issued by a company authorized to do business in the State and shall be provided before the Grantee, its successors to assigns thereof, shall commence the construction or other operations mentioned in this section.  The City shall notify the Grantee, its representative or employee in the City, if any, within ten (10) days, after presentation of any demand or claim that may arise, whether by suit or otherwise, against the City.  Grantee shall maintain on file with the city clerk at all times a current certificate of insurance.  All insurance policies shall, if possible, provide for not less than thirty (30) days notice of cancellation.  (Ord. 16, §7)

Sec. 10-42.  Payment to City.

      In consideration of the rights, privileges, and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Grantee, and to properly regulate the activities of Grantee, the Grantee shall, on or before the last day of January and the last day of July of each year to which this franchise is effective, pay to the City a sum equal to three (3) percent of the gross subscriber revenues for basic cable television service within the then existing corporate limits of the City for the preceding six-month period ending on the last day of December and the last day of June, respectively.  The books of Grantee shall be open to inspection by the City at all reasonable times to verify the accuracy of the computation and correctness of the report which shall accompany payment.  Grantee shall keep books and records pursuant to established practices using generally accepted auditing procedures.  (Ord. 16, §8)

Sec. 10-43.  Franchise termination.

      The City may terminate the franchise and all rights therein granted in the event the Grantee or the successors or assigns thereof shall fail to comply with any of the terms and conditions of the ordinance.  The City may exercise such right of termination by mailing notice thereof by registered mail to Grantee, unless within thirty (30) days after such mailing, full compliance with the terms and provisions of the ordinance has been effected.  (Ord. 16, §9)

Sec. 10-44.  Publication costs.

      The Grantee will pay to the City a sum to cover the ordinance publication cost when presented with the bill by the City.  (Ord. 16, §10)

Sec. 10-45.  Local office or agent.

      Grantee shall maintain a local office, agent, or means whereby residents of the City may leave messages, complaints or requests for service or repairs or adjustments may be received by Grantee at any time during normal business hours, all without any toll charges to any resident or customer.  (Ord. 16, §11)

Sec. 10-46.  Severability.

      If any section, subsection, sentence, clause or phrase of this Article is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.  The City declares that it would have passed this Article and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional.  The invalidity of any portion of this Article shall not abate, reduce or otherwise affect the consideration or other obligation required of Grantee by the franchise granted hereunder.  (Ord. 16, §12)

Sec. 10-47.  Maps - Location of facilities.

      This Article is passed and adopted in conformity with the laws of the State of Missouri, and in addition to other provisions herein set out said Grantee shall file with the City and obtain approval thereof of a proper map showing and describing the exact location or proposed location of all its facilities within the City's streets, alleys and public ways and secure from the proper City official approval, for the location of, and erection of either above or below ground facilities so as not to interfere with existing public utility franchises, excluding herefrom the necessity of securing prior approval of the City if and when said Grantee obtains pole attachment agreements with existing public utilities for the joint use of poles that may be now existing or may be hereafter erected by such public utility franchise other than by this Article.  (Ord. 16, §13)

Sec. 10-48.  Repeal of conflicting ordinances.

      All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the effective date of this Article, excluding however, any and all public utility franchises heretofore granted to public utilities, including public utilities regulated by the appropriate State agency.  (Ord. 16, §14)

Sec. 10-49.  Renewal of Franchise.

      (a) The request of Galaxy Telecom, L.P. to renew the cable television franchise dated February 16, 1983, as assigned and amended, and to change the expiration date thereof to February 16, 2003 is hereby granted.

      (b) Except to the extent affected herein, the Franchise Ordinance dated February 16, 1983, as assigned and amended shall continue in full force and effect.  (Ord. 85, §§1-2)

Secs. 10-50 to 10-53.  Reserved.

ARTICLE V
LONG TERM CONTRACTS

Sec. 10-54.  Street Lighting Contract.

      THIS AGREEMENT, made and entered into this 7th day of June, 1982, between MISSOURI POWER & LIGHT COMPANY, a Missouri corporation, hereinafter called "Company," and the CITY OF VIENNA, MISSOURI, a municipal corporation, hereinafter called "Municipality."

      Whereas, Company has agreed to furnish, maintain and operate a street lighting system for the lighting of the public streets in the CITY OF VIENNA, MISSOURI.

      WITNESSETH, that in consideration of the premises and of the mutual agreements hereinafter contained, Company and Municipality do agree as follows:

      1.   Street Lighting System

A.  That Company hereby agrees to provide and operate a street lighting system for the lighting of the streets, avenues and other public places in Municipality.  The location, number and size of the lamps to be installed and operated shall be as determined by Municipality within limits and subject to conditions as hereinafter set forth.

B.  Municipality agrees to pay Company for street lighting service in accordance with Municipal Street Lighting Service Rate Schedule, P.S.C. Mo. No. 2, Ninth Revised Sheet No. 34 and Seventh Revised Sheet No. 34.1, filed with and approved by the Public Service Commission of Missouri, or in accordance with any revised Municipal Street Lighting Service Rate Schedule filed by Company with the Public Service Commission and permitted to become effective either on an interim or permanent basis under the Public Service Commission Law.

C.  That Municipality may be resolution duly adopted order additional lamps installed in the street lighting system at any time, of size and character as provided for in the Municipal Street Lighting Service Rate Schedule and Company will furnish and install such lamps at locations designated by Municipality and agreed upon by Company.  When so ordered and installed, said lamps shall thereafter be paid for at the rates provided in paragraph B above and will become subject to this contract.

D.  That the said lamps herein contracted for shall be located at such places within the municipal limits as the said Municipality shall direct, and said lamps shall be hung on brackets not less than eighteen (18) feet from the ground, provided, however, the location and manner of suspension of all lamps now in service are hereby approved; and, should the Municipality, during the term of this contract, require the location or manner of hanging of any lamp or lamps to be changed, the cost of such change shall be borne by the Municipality.

E.   That if Company shall fail to operate such lights as herein provided, an amount proportional to the period of outage for the number of lamps not burning shall be deducted from the monthly rental, provided, however, no deduction shall be made unless said Company shall fail to turn on the lights after written notification, or shall fail to replace burned-out lamps within twenty-four (24) hours after written notice from the Municipality.

      2.   That Company will endeavor to maintain continuous lighting service, according to schedule, but does not guarantee that the supply of electrical energy will, at all times, be continuous and it is agreed that temporary cessation of Company's service hereunder, occasioned by fire, explosion, flood, strike, insurrection, mob violence, governmental interference, breakdown or injury to machinery or distributing lines, or other accidents or causes not reasonably within its control, shall not constitute a breach of this contract on the part of Company, and Company shall not be liable to Municipality for any damages resulting from such temporary cessation of service.

      3.   That this contract shall be in full force and effect from date hereof for a period to expire November 6, 2001.

      4.   That all provisions of this ordinance which are obligatory upon or shall inure to the benefit of said Company shall inure to the benefit of all successors and assigns of said Company.

      In Witness Whereof, the said parties have caused this instrument to be duly executed the day and year first above written.

ATTEST:                                 MISSOURI POWER & LIGHT COMPANY

       /s/ Patricia L. Strader                      By /s/ David C. Harrison 
        Assistant Secretary                                     President

 

ATTEST:                                           CITY OF VIENNA, MISSOURI

           /S/ Idelia Parker                              By /s/ Jackie Duncan
                City Clerk                                              Mayor

APPROVED FOR EXECUTION:

          /S/ Larry Rushing
      Director of Industrial
Engineering & System Planning

       /s/ Randall B. Palmer
                 Attorney

                                      
Vice President - Operations

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P.S.C. Mo. No. 2                        9th Revised                    SHEET No. 34
Cancelling P.S.C. Mo. No. 2      8th Revised                    SHEET No. 34

MISSOURI POWER & LIGHT COMPANY
                                                                                          (Rate Code 61)

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Municipal Street Lighting Service
(MS)

Available: This schedule is available to all municipalities, incorporated villages, and other governmental agencies having appropriate authority for the lighting of public streets and roads, public parks and other outdoor locations open to and reserved for general public use.

This schedule is also available to associations or groups in unincorporated areas having authority to provide lighting of public areas when the association or group requests the installation of at least five lamps and fixtures with billing for this particular service to be made to a single customer.

Character of Service Supplied: The standard lighting fixture will be multiple mercury vapor or high pressure sodium lamps supplied by overhead circuit on existing wood poles where there is adequate space.  The rate includes the cost of fixtures and related bracket, including installation; maintenance, cleaning and replacement of bulbs; and the cost of energy used by the lamp.  Additional charges will be made for other type installations as hereinunder provided.  Existing incandescent systems will be maintained but no new installations will be made.

Rate Per Unit Per Month:
      1.   INCANDESCENT                           Kwh Usage
            Lamp and Fixture                              Per Month        Monthly Rate
            1 000 Lumen, 92 Watt, Series, Standard  31                    $1.90
            2 500 Lumen, 189 Watt, Series, Standard 63                      2.96
            4 000 Lumen, 295 Watt, Series, Standard 98                      3.53
            6 000 Lumen, 405 Watt, Series, Standard 135                    5.46

      2.   MERCURY VAPOR                        Kwh Usage
            Lamp and Fixture                              Per Month        Monthly Rate
            6 800 Lumen, 175 Watt, Standard            65                    $3.26
            11000 Lumen, 250 Watt, Standard           92                      4.57
            20000 Lumen, 400 Watt, Standard         143                      6.63
            42000 Lumen, 700 Watt, Standard         252                    12.96
            63000 Lumen, 1000 Watt, Standard       357                    18.18

      3.   METAL HALIDE                             Kwh Usage
            Lamp and Fixture                              Per Month        Monthly Rate
            34 000 Lumen, 400 Watt, Standard        154                    $8.35
            100000 Lumen, 1000 Watt, Standard     363                    19.87

      4.   HIGH PRESSURE SODIUM VAPOR Kwh Usage
            Lamp and Fixture                              Per Month        Monthly Rate
            27 500 Lumen, 250 Watt, Standard        108                    $9.27
            34 200 Lumen, 360 Watt*                      133                      7.09
            50 000 Lumen, 400 Watt, Standard        157                    11.11
            140000 Lumen, 1000 Watt, Standard     355                    16.85
*This lamp represents a mercury vapor fixture with high pressure sodium vapor lamp frozen to existing customers as of September 7, 1981.

      5.   SUBDIVISION LIGHTING
            Where street lights are to be installed in the subdivision at the time of installation of underground distribution system, and a municipality contracts with Company for street lighting service within the subdivision, Company will furnish, install, own and maintain the entire street lighting system, including poles, luminaires and underground cable in accordance with the below specified rates.  The rate applies to standard poles and fixtures below (or poles with similar cost).

                                                               Kwh Usage
                                                                Per Month        Month      Year
            6 800 Lumens, 175 Watts,
            closed refractor mounted on
            14 to 16 ft. ornamental pole              65               $5.72     $68.64

      6.   ADDITIONAL SPECIAL FACILITIES
                                                                                  Monthly Rate
            Ornamental Pole - Under 20 ft.                          $2.19
            Ornamental Pole - 20 to 30 ft.                              3.28
            Steel Breakaway Standard - 28 ft.                        8.21
            Standard 30-40 foot wood pole                           2.90

            Where the Company, at the request of the customer, agrees to provide special facilities not usually required to provide normal service as stated earlier, the customer shall pay a monthly charge sufficient to cover costs incurred by the Company in providing such facilities.  The annual charge will be computed using lamp rates per above plus a 15 percent per annum charge on additional costs relating to special facilities or in lieu of the above, a developer may pay a lump sum amount to the Company to cover the costs of the special facilities investment which will not be supported by the rate approved for the municipality.

Payment: Customers' monthly bills be computed at the filed rates.  Customer agrees to pay in full at the office of the Company within 10 days of date of bill.

Tax Rider: Bills computed under this rate schedule are subject to increase by the proportionate part of any existing, new or increased rate of taxes directly related to gross revenue incurred by the Company in serving customer.  Any such tax will be shown as a separate item on the bill.

Terms and Conditions: Service will be furnished under Company's Rules and Regulations.

DATE OF ISSUE   December 4, 1981 DATE EFFECTIVE   December 10, 1981

ISSUED BY   David C. Harrison        President    Jefferson City, Mo.

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Sec. 10-55.  Electric Service Contract.

      This contract, made and entered into this 7th day of June, 1982, by and between MISSOURI POWER & LIGHT COMPANY, a Missouri corporation, hereinafter called "Company," and the CITY OF VIENNA, MISSOURI, a  municipal corporation, hereinafter called "Customer."

      WITNESSETH:

      1.   Company shall supply and Customer shall accept and pay for all electrical energy required for the operation of Customer's sewer system, water system, city hall, park and fire station, in accordance with Municipal Service Schedule (MS), P.S.C. Mo. No. 2, Fifth Revised Sheet No. 33, filed with and approved by the Public Service Commission of Missouri, or in accordance with any revised Municipal Service Schedule filed by Company with the Public Service Commission and permitted to become effective either on an interim or permanent basis under the Public Service Commission Law.

      2.   Company shall supply to Customer, during the term of this contract, approximately two hundred seventy (270) kVA of electrical capacity, single and three (3) phase, sixty (60) hertz frequency, at one hundred twenty/two hundred forty (120/240) volts.

      3.   Company shall use reasonable diligence in furnishing a regular and uninterrupted service; and in case such service should be interrupted and fail by an act of God or public enemy, fire, explosion, strike, insurrection, mob violence, governmental interference, breakdown or injury to machinery or distributing lines, extraordinary repairs or other accident or causes not reasonably within its control, Company shall not be liable in damages for any such interruption of service; and such interruption shall not constitute a breach of this contract on the part of the Company.

      4.   Should Customer be prevented from taking service herein agreed upon by reason of fire, explosion, flood, mob violence, insurrection, governmental interference, strike or accident, rendering necessary complete cessation of Customer's operation for a period in excess of thirty (30) days, this agreement shall be suspended temporarily until such time as operation can be resumed.  In the event of such temporary discontinuance of service, this contract shall be extended for a period equal to the term of suspension.

      5.   This contract shall be in full force and effect from date hereof for a period to expire November 6, 2001.

      6.   The benefits of this contract shall inure to the successors and assigns of the parties hereto for the term of the contract.

      IN WITNESS WHEREOF, the parties have caused this contract to be executed the day and year above first written.

ATTEST:                                 MISSOURI POWER & LIGHT COMPANY

       /s/ Patricia L. Strader                         By David C. Harrison
        Assistant Secretary                                     President

 

ATTEST:

           /s/ Idelia Parker                                 By Jackie Duncan
                City Clerk                                              Mayor

APPROVED FOR EXECUTION:

          /s/ Larry Rushing
      Director of Industrial
Engineering & System Planning

       /s/ Randall B. Palmer
                 Attorney

                                     
Vice President - Operations

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P.S.C. Mo. No. 2                              5th Revised                 SHEET No. 33
Cancelling P.S.C. Mo. No. 2            4th Revised                 SHEET No. 33

MISSOURI POWER & LIGHT COMPANY
                                                                                        (Rate Code 85)

Municipal Service Schedule
(MS)

Availability: This schedule is available for basic municipal electric usage to any municipality which has granted the Company a franchise.  The following are examples of electric usage which may be included under this rate: Ballfield lighting, sewer pumping, water pumping, fire station total electric requirements, and city hall total electric requirements.

The rate is not intended to apply to electric usage at locations owned by the municipality but leased to another party.

Net Rate Based on Monthly Meter Readings:

                                                All Kwh          @ 3.00¢

Tax Rider: Bills computed under this rate schedule are subject to increase by the proportionate part of any existing, new or increased rate of taxes directly related to gross revenue incurred by the Company in serving customer.  Any such tax will be shown as a separate item on the bill.

Payments: Customers' monthly bills will be computed at the net rates.  Customer agrees to pay in full at the office of the Company within 10 days of date of bill.

Terms and Conditions: Service will be furnished under the Company's Rules and Regulations.

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Sec. 10-56. Contract with Union Electric Company, d/b/a AmerenUE.

      (a) That the proposed contract in the form as hereinafter set out, by and between the City of Vienna, State of Missouri, and Union Electric Company d/b/a AmerenUE, a Missouri corporation, its successors and assigns, providing for the lighting of the streets, avenues, alleys, and other public places of the City by electricity, and providing for the supply of other electric utility service required by the City for its City Hall and other premises, according to the terms, provisions, stipulations, and agreements therein specified, be and the same is hereby approved and confirmed, and that the Mayor and the City Clerk of said city by and they hereby are authorized and directed to execute in behalf of the City said contract in the form set out at Exhibit A hereto attached and incorporated by reference.

      (b) The City hereby grants to Union Electric Company, d/b/a AmerenUE, its successors and assigns, while engaged in the performance of said contract, the right and privilege to erect, maintain, and operate lighting and other electrical fixtures, poles, lines, wires, cables, transformers, and related apparatus and appliances necessary or convenient for the efficient performance of said duties, upon, under, over, and across the streets, avenues, alleys, and other public places in said City.

      (c) If any provision of this ordinance, or the application of such provision to particular circumstances, shall be held invalid, the remainder of this ordinance, or the application of such provision to circumstances other than those as to which it is held invalid, shall not be affected thereby.  (Ord. 122, §§1-3)

Secs. 10-57 to 10-60.  Reserved.