Chapter 87 – Electricity

Chapter 87—Electricity

 

Subchapter A–Franchise

 

(ORD # 20-97)

 

Section 1.  FRANCHISE GRANTED.

 

The City of Holden, Missouri, (hereby referred to as the “GRANTEE”) renews the franchise granted by Ordinance No. 961 to Missouri Public Service, a division of UtiliCorp United, Inc., a Delaware corporation, (hereinafter called “GRANTEE”), for a period of twenty (20) years from the effective date of March 10, 1997.  The GRANTEE is hereby granted the right, permission and authority to construct, operate and maintain all facilities necessary for the production, transmission and distribution of electrical power and energy, for the purpose of carrying on a general power and light business and other operations connected therewith or incident thereto, within the corporate limits of said GRANTOR as the same now exist or may hereafter be extended, including but not limited to the construction, operation and maintenance of electrical facilities, in, along, over, across and under all streets, alleys, avenues, lanes or other public places or thoroughfares and to trim and remove trees upon and overhanging such places within such limits of the GRANTOR.  Such facilities shall include poles, transmission lines, distribution lines, anchors, guy wires, cables, conduits, street lighting poles, transformers and all other apparatus and appliances incident thereto.  Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause the least reasonable inconvenience to the inhabitants of the GRANTOR and to the general public; and repairs and replacements shall be made by and at the expense of the GRANTEE with all reasonable speed, leaving such properties in as good condition as before.

 

Section 2.  RULES AND REGULATIONS.

 

The GRANTEE shall supply electrical service within the present or future corporate limits of the GRANTOR under terms of the GRANTEE’S Rules and Regulations and rate schedules as now or hereafter files with and approved by the Public Service Commission of the State of Missouri.

 

Section 3.  HOLD HARMLESS.

 

In constructing, operating and maintaining such production, transmission and distribution facilities and related apparatus, the GRANTEE shall hold, save and keep harmless the GRANTOR from any loss, injury or damage to life or property occasioned by reason of the negligence of the GRANTEE or any of its employees.  If an event occurs for which GRANTOR claims indemnity from GRANTEE, GRANTOR shall immediately notify GRANTEE of said event.

 

Section 4.  NO EXCLUSIVE FRANCHISE.

Franchise rights and privileges granted by this ordinance shall not be construed or interpreted to be exclusive to the GRANTEE.

 

Section 5.  TRANSFER OF RIGHTS AND OBLIGATIONS.

 

All rights, privileges and authority hereby granted to the GRANTEE shall inure to the benefit of its provisions and conditions herein contained, and all obligations hereby imposed upon the GRANTEE shall be binding upon it successors and assigns in the same manner.

 

Section 6.  ACCEPTANCE.

 

No right, privilege or authority given or granted by this ordinance shall become effective until accepted by GRANTEE by written instrument executed and acknowledged by it as a deed is required to be, and tree copies of same shall be filed with GRANTOR’S clerk within sixty (60) days from the passage of this ordinance or within thirty (30) days from approval of the ordinance by the voters, whichever is the latter.  Two copies of the acceptance shall be marked so as to indicate the receipt of such acceptance, and shall be returned to the

GRANTEE by the clerk.

 

Section 7.  EFFECTIVE DATE.

 

This franchise shall be completed in the form in which it is finally passed and remain on file with the city clerk for public inspection for thirty (30) days before the final passage or adoption thereof.  This ordinance shall be effective upon its final passage and approval. If this ordinance is submitted by petition to the voters for approval or disapproval pursuant to Sec. 88.251 RSMo, it shall remain in effect until the city clerk has certified in writing that a majority of the qualified voters voting on the issue have voted against the ordinance.  If a majority of the qualified voters voting on the ordinance shall vote in favor thereof, it shall remain in full force and effect and cannot be repealed or amended.

 

 

Subchapter C–Street Light Contract

 

(ORD. # 10-07)

 

CONTRACT OF ELECTRIC SERVICE

STREET LIGHTING

This contract and agreement is made and entered into this 8th day of May,

2007, by and between Aquila, Inc., dba Aquila Networks, a Delaware Corporation, and hereinafter called “Aquila,” and the City of Holden, Missouri, a municipality, hereinafter called “Customer or “Municipality”.

 

WITNESSETH:

 

Article I

 

This contract and agreement shall in all respects be subject to the rules, regulations, terms, conditions, and orders of all governmental authorities having jurisdiction of the subject matter hereof, and also subject to the rates, rules and regulations of Aquila now or hereafter approved by the Missouri Public Service Commission (the “PCS”).

Article II

 

For a term of ten (10) years beginning at date of approval of the ordinance authorizing this contract, Aquila will furnish, erect, maintain, clean, repair and operate electric street lights in the Municipality in accordance with the street lighting rate schedule issued by the PSC attached hereto and made a part hereof, and any amendments or replacements thereof which may be issued by the PSC (the “Rate Schedule”), and Customer will receive and pay for such service at the rates stipulated in the Rate Schedule. Nothing contained herein shall be construed as in any way affecting Aquila’s right to unilaterally make application to the PSC or any other governmental regulatory agency having jurisdiction over rates or charges for service hereunder.

 

ARTICLE III

 

The Customer may, from time to time, cause to be increased the number of street lights by making written request upon Aquila at least 90 days prior to the time such additional street lights are to be required by the Customer, stating the number, capacity and desired location of the additional street lights: however, Aquila has the right to refuse requests for additional street lights made less than one (1) year before expiration of this contract.

 

ARTICLE IV

 

Aquila will exercise all reasonable diligence to furnish Customer with service as contracted for herein, but will not be liable for any interruption, interruption, deficiency or failure of service.  Aquila reserves the right to interrupt the service when such interruption is necessary for repairs to its lines or equipment.

 

ARTICLE V

 

If Customer should fail to perform any of its obligations under this contract, including prompt payment of monthly bills and other amounts due hereunder, Aquila may, by giving written notice to Customer ten (10) days in advance, suspend delivery of its service, and will not be liable loss or damage arising out of or relating to such suspension, nor will such suspension interfere with Aquila’s right to enforce any of its other legal right or remedies. No delay by Aquila in enforcing any of its rights hereunder will be deemed a waiver of such rights, nor will a waiver by Aquila of any default by Customer of its obligations hereunder be deemed a waiver of any other or subsequent default.

 

ARTICLE VI

 

In the event of a conflict or inconsistency between the terms of this contract an Aquila’s tariff or a rule or regulation promulgated by the PSC, the tariff and/or PSC rule or regulation shall control.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheet No. 26

 

MUNICIPAL STREET LIGHTING SERVICE

 

AVAILABILITY

 

The rate schedules listed herein are available to communities and cities

(referred to herein as cities) within their corporate limits for street lighting installations where street lighting service is rendered on the Company’s standard street lighting contract and where the Company has an electrical distribution system available.  Where conditions of service are different than under said standard street lighting contract, Company may increase rates to compensate the Company for any added services or costs.

 

These schedules shall also apply to all lighting units installed, replaced, or moved on or after the effective date hereof.

 

RATE SCHEDULE

 

Annual Rate (1)

Per Unit

Incandescent:                              Overhead Wiring

 

1000 L, open fixture, wood pole               $ 56.77

2500 L, open fixture, wood pole               $ 95.38

4000 L, enclosed fixture, wood pole           $113.19

4000 L, enclosed fixture, steel pole          $135.34

6000 L, enclosed fixture, wood pole           $138.64

6000 L, enclosed fixture, steel pole          $166.36

(1) See “Adders for Additional Facilities” on Sheet NO. 29      for charges to be made for additional facilities.

 

 

 

 

 

 

 

DATE OF ISSUE-June 21, 1993

DATE EFFECTIVE-June 29, 1993

ISSUED BY-Maurice L. Arnall Manager of Rates                                         Sheet No. 27

 

MUNICIPAL STREET LIGHTING SERVICE

(CONTINUED)

 

Annual Rate (1)

Per Unit

Overhead     Underground

Mercury Vapor:                    Wiring       Wiring

 

3300 L, M.V., open glassware,  wood pole, ($5.00 less  where fixture may be in-  stalled on an existing

distribution pole)               $ 67.12        $ 99.03

7700 L, M.V., open glassware,  wood, pole, ($5.00 less  where fixture may be in-  stalled on an existing

distribution pole)               $ 89.63        $121.56

7700 L, M.V., open glassware,

steel pole                       $111.83        $143.72

7700 L, M.V., streamlined

fixture, wood pole               $102.94        $134.87

7700 L, M.V., streamlined

fixture, steel pole              $125.11        $157.02

10500 L, M.V., enclosed fixture,

wood pole                        $119.46        $151.33

10500 L, M.V., enclosed fixture,

steel pole                       $141.60        $173.53

21000 L, M.V., enclosed fixture,

wood pole                        $148.06        $179.96

21000 L, M.V., enclosed fixture,

steel pole                       $170.19        $202.11

21000 L, Fluorescent, enclosed

fixture, steel pole              $248.23        $ N/A

54000 L, M.V., enclosed fixture,

wood pole                        $280.06        $311.98

54000 L, M.V., enclosed fixture,

steel pole                       $302.21        $334.12

(1) See “Adders for Additional Facilities” on Sheet No. 29 for charges to be made for additional facilities.

 

DATE OF ISSUE-June 21, 1993 DATE EFFECTIVE-June 29, 1993 ISSUED BY-Maurice L. Arnall-Manager of Rates

 

 

 

 

 

 

 

 

 

 

Sheet No, 28

 

MUNICIPAL STREET LIGHTING SERVICE

(CONTINUED)

 

Annual Rate (1)

Per Unit

Overhead     Underground

Wiring        Wiring

 

High Pressure Sodium Vapor-Unalux

 

12000 L, 150 W, S.V., Open  glassware, wood pole ($5.00  less where fixture may be  installed on an existing

distribution pole)               $111.74        $143.65

12000 L, 150 W, S.V., open

glassware, steel pole            $133.92        $165.81

12000 L, 150 W, S.V., streamlined

fixture, wood pole               $125.04        $156.96

12000 L, 150 W, S.V., streamlined

fixture, steel pole              $147.20        $179.10

36000 L, 360 W, S.V., enclosed

fixture, wood pole               $168.73        $200.61

36000 L, 360 W, S.V., enclosed

fixture, steel pole              $190.86        $222.77

36000 L, 360 W, S.V., twin  enclosed fixtures, 65′ wood

pole (2)                         $438.66        $502.47

High Pressure Sodium Vapor-Lucalox

 

5000 L, 70 W, S.V., enclosed

fixture, wood pole               $122.59        $154.50

5000 L, 70 W, S.V., enclosed

fixture, steel pole              $144.76        $176.70

5000 L, 70 W, S.V., open fixture,

wood pole                        $109.12        $141.02

5000 L, 70 W, S.V., open fixture,

steel pole                       $131.28        $163.21

8000 L, 100 W, S.V., enclosed

fixture, wood pole               $124.72        $156.62

8000 L, 100 W, S.V., enclosed

fixture, steel pole              $146.88        $178.82

8000 L, 100 W, S.V., open

fixture, wood pole               $111.92        $143.84

8000 L, 100 W, S.V., open

fixture, steel pole              $134.10        $166.03

13500 L, 150 W, S.V., enclosed

fixture, wood pole               $129.89        $161.80

13500 L, 150 W, S.V., enclosed

fixture, steel pole              $152.06        $183.99

 

13500 L, 150 W, S.V., open

fixture, wood pole               $117.43        $149.34

13500 L, 150 W, S.W., open

fixture, steel pole              $139.58        $171.52

25500 L, 250 W, S.V., enclosed

fixture, wood pole               $147.23        $179.14

25500 L, 250 W, S.V., enclosed

fixture, steel pole              $169.41        $201.34

50000 L, 400 W, S.V., enclosed

fixture, wood pole               $174.96        $206.87

50000 L, 400 W, S.V., enclosed

fixture, steel pole              $197.04        $229.01

 

  • See “Adders for Additional Facilities” on Sheet No. 29 for charges to be made for additional facilities.
  • Available only under special contract.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE OF ISSUE-June 21, 1993

DATE EFFECTIVE-June 29, 1993

ISSUED BY-Maurice L. Arnall-Manager of Rates

 

 

Sheet No. 29

 

MUNICIPAL STREET LIGHTING SERVICE

(CONTINUED)

 

ADDERS FOR ADDITIONAL FACILITIES

 

Overheard    Underground

Wiring         Wiring

 

  1. Wood pole and one span of wire in addition to the pole     supporting the fixture, per

unit per year.                  $14.78         N/A

  1. Steel pole and one span of overhead wire in addition to     the pole supporting the fixture,     per unit per year.              $42.51         N/A
  2. Break away bases for steel

poles-each.                     $23.40       $23.40 d.  Rock removal per foot per year.   N/A          1.67     This charge shall not apply if     customer supplies the ditch and     backfills or furnishes conduit     inplace to Company specifica-     tions.  Rock removal referred     to in this adder shall be for     removal of rock that cannot be     dug with conventional chain     ditch-digging equipment.

 

Wood Pole    Steel Pole

(Per Year)   (Per Year)

 

  1. Special mounting heights: 30 feet (requiring 35 ft.

wood pole or 30 feet steel)    $14.38       $ 48.80

35 feet (requiring 40 ft.

wood pole or 35 feet steel)    $38.96       $ 71.32

40 feet (requiring 45 ft.

wood pole or 40 feet steel)    $43.10       $111.51

50 feet (requiring 55 ft.

wood pole or 50 feet steel)    $77.95       $248.59

TERMS OF PAYMENT

 

Customers’ monthly bills will be computed at the net rates and will be based on one-twelfth (1/12th) the annual charge.  Monthly bills will be computed to the nearest one cent.

 

 

 

 

 

 

 

 

CONTINUED

 

RULES AND REGULATIONS.

 

Service will be furnished under Missouri Public Service Rules and Regulations and the special Rules and Regulations on Sheet No. 33.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE OF ISSUE-June 21, 1993

DATE EFFECTIVE-June 29, 1993

ISSUED BY-Maurice L. Arnall-Manager of Rates                                             Sheet No. 33

 

MUNICIPAL STREET LIGHTING AND PRIVATE

AREA LIGHTING SERVICE (CONTINUED)

 

SPECIAL RULES AND REGULATIONS.

 

Municipal Street Lighting and Private Area Lighting

 

Service will be furnished under Missouri Public Service

Rules and Regulations and the following additional rules and regulations.    All poles, wires, fixtures, and other facilities for supplying this lighting service shall be installed and owned by Missouri Public Service.

Missouri Public Service shall select style and make of lighting facilities provided within each type system for which rates are listed.  Lighting will not be installed on poles or structures not owned or leased by Missouri Public

Service.

Missouri Public Service will replace burned-out lamps and will maintain all poles, wires, fixtures, etc., with no additional charge to the customer.  The glassware is to be cleaned when the lamp is replaced.    The lights will burn every night from dusk until daylight.

The lanmp lumen ratings stated in these rate schedules are nominal ratings and may change from time to time depending on the lamp availability from lamp suppliers.

These rates anticipate lighting facilities remaining in service on the average, the full depreciation period of the facilities, and with only minor normal repair.

These rates are for either series or multiple units and for overhead wiring unless otherwise specified herein.  It will be at the Missouri Public Service’s option whether power is supplied to the lighting units with multiple or with series circuits.

These rates contemplate Missouri Public Service having the option of type and frequency of patrol as well as lamp replacement or repair, except that the lamps may not be permitted to be left off for unreasonable periods when Missouri Public Service is aware such lights are not burning, unless the customer approves such outage.  No refunds shall be made when lights have been out reasonable periods because reasonable lengths or outages are anticipated from tine to time in the schedule.

These rates do not include any franchise or occupational tax.  The “Tax and License Rider” is applicable to all charges under these schedules.

MUNICIPAL STREET LIGHTING ONLY

 

Replacement, with different size or type, of lighting units installed after the effective date hereof shall be limited to no such replacements the first three years and to ten percent (10%) of any one size or type of existing units in any one year thereafter for each city or community unless approved by

Missouri Public Service.

The charges to cities for street lighting with underground wiring anticipate average length of underground wiring per street lighting unit of not more that 250 feet and individual installations of not more than 400 feet.  Installations requiring greater than 250 feet per unit average and individual installations greater than 400 feet will be served under special contract.

Standard street lighting rates without adders for additional mounting heights anticipate maximum mounting heights of 31 feet.

 

 

AVAILABILITY

 

This schedule is available to all customers, otherwise qualified to receive service under the Municipal Street Lighting Service Schedule (Schedule MSL) or the Private Area Lighting Service Schedule (Schedule PAL), that desire to have non-standard lighting facilities installed and maintained by Missouri Public Service or desires to purchase, own, install and maintain non-standard lighting facilities for which Missouri Public Service provides unmetered energy service.

 

MISSOURI PUBLIC SERVICE OWNED FACILITIES

 

Missouri Public Service will purchase, install, own and maintain nonstandard, decorative or ornamental street or private area lights where customer agrees to a monthly charge (rate adder) in addition to the monthly charge for an equivalent standard light.  An equivalent standard light is a light contained on Schedule MSL or Schedule PAL that is the same size (in lumens and watts) and same type (high pressure sodium vapor, metal halide, etc.) as the non-standard light.  The rate adder shall be calculated as 1.5 percent of the difference between the installed cost of the non-standard light and the installed cost of the equivalent standard light.  The monthly charge shall be the sum of the rate adder and the monthly charge for the equivalent standard light.

 

CUSTOMER OWNED FACILITIES

 

Where the customer agrees to purchase, install, own and maintain street or area lights, Missouri Public Service will provide unmetered energy only service to those lights. The rate for unmetered energy only service shall be $0.0403 per Kwh per month.  The energy consumption in Kwh for billing purposes shall be assumed to be the same as the energy consumption of an equivalent standard light as defined above.