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(First Published October 22, 2018) THE EMPIRE DISTRICT ELECTRIC COMPANY FRANCHISE AGREEMENT BILL NO. 5ORDINANCE NO. 5 An ordinance granting The Empire District Electric Company, a corporation, its successors and assigns, the right to use the streets, alleys and public grounds for the purpose of erecting and maintaining an electric distribution system, with the necessary poles, wires and other apparatus, equipment and appliances therefor, and to string wires above ground or carry same thereunder; and the right to do all things necessary and proper for the purpose of generating or otherwise procuring electric energy, or any part thereof, and distributing same throughout the VILLAGE of Dennis Acres, Missouri, and of supplying and selling electric energy for light, power, heat and any other purposes to the said VILLAGE and the inhabitants thereof, and fixing the terms and conditions upon which such rights may be granted and exercised. BE IT ORDAINED by the Board of Trustees of the VILLAGE of Dennis Acres, Missouri, as follows: SECTION 1. That The Empire District Electric Company, hereinafter called the Company, its successors and assigns, are hereby authorized and empowered to use the streets, avenues, lanes, alleys and other public grounds and ways in the VILLAGE of Dennis Acres, Missouri, as its limits now exist or may be altered, for the purpose of erecting and maintaining an electric distribution system, with the poles, wires (above ground or thereunder) and other apparatus, equipment and appliances necessary therefor, subject to reasonable supervision of the Board of Trustees as to the place and manner of erecting the poles for said purposes; and for the purpose of conducting, supplying, distributing, and selling electric energy to the VILLAGE and/or the inhabitants thereof for light, power, heat, and any other purposes; and for the purpose of erecting and maintaining a plant or plants in said VILLAGE for the generating of electric energy, with the right in said Company also to generate or procure said electric energy, or any part thereof, at other points and to carry same into said VILLAGE and there make distribution and sale thereof, and the further right in said Company to transmit any of said electric energy from or through said VILLAGE for sale outside the limits thereof. SECTION 2. Said Company shall use every reasonable precaution to avoid damage or injury to person or property, and agrees to indemnify and save harmless the said VILLAGE from damage, injury, suits, actions, loss or expense arising from any negligent construction, reconstruction, repair, maintenance or operation of its said electrical system. SECTION 3. The Company agrees that it will furnish continuous and uninterrupted electric service from the beginning of such service to the end of the franchise period, except for interruptions caused by strikes, riots, governmental interference or regulation, acts of Providence, accidents beyond the control of the Company, or necessary maintenance or replacements. SECTION 4. All rates established and charges made by the Company for electric energy distributed and sold hereunder shall be subject to the valid and lawful orders of the Public Service Commission of the State of Missouri, or other competent authority having jurisdiction, and the distribution and sale of electric energy to consumers shall be governed by such operating rules, regulations and practices of the Company as may now or hereafter be prescribed or approved by competent authority. SECTION 5. All terms and provisions of this Ordinance shall be binding upon the parties hereto, and upon their respective successors and assigns. SECTION 6. From and after the approval and acceptance of this Ordinance, in consideration of and as a condition precedent to the granting of this franchise and as compensation for the rights and privileges enjoyed hereunder, the Company agrees to file with the Clerk its acceptance of all of the terms and provisions of Ordinance No. 14 of the Village, and all amendments thereto, in which event the provisions of same shall be incorporated into and made a part of this franchise. SECTION 7. This Ordinance shall take effect and be in force from and after its passage and approval; and all the rights hereby granted shall continue and remain in full force and effect for a period of twenty (20) years from and after the date of passage of this Ordinance, provided that written acceptance by the Company shall be filed with the Clerk within ten (l0) days after such passage and approval. PASSED AND APPROVED this 6th day of October, 2018. Jim Parrill BOARD CHAIRMAN ( S E A L ) Norma Jean Richardson VILLAGE CLERK (304)
