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Legislation #: 071211 Introduction Date: 11/8/2007
Type: Ordinance Effective Date: 12/9/2007
Sponsor: None
Title: Authorizing an extension to and through December 31, 2008, of the UtiliCorp United Inc., and now Aquila, Inc., franchise agreement enacted on October 30, 1986, as Ordinance No. 60167, As Amended.

Legislation History
DateMinutesDescription
11/5/2007 Filed by the Clerk's office
11/8/2007 Referred to Transportation and Infrastructure Committee
11/19/2007 Do Pass
11/20/2007 Assigned to Third Read Calendar
11/29/2007 Passed

View Attachments
FileTypeSizeDescription
071211.pdf Authenticated 67K Authenticated
revised fact sheet.xls Advertise Notice 53K revised fact sheet
Ord 071--- Fact Sheet.xls Fact Sheet 46K Aquila Extention Face Sheet

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ORDINANCE NO. 071211

 

Authorizing an extension to and through December 31, 2008, of the UtiliCorp United Inc., and now Aquila, Inc., franchise agreement enacted on October 30, 1986, as Ordinance No. 60167, As Amended.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Public Works is authorized to enter into and execute an extension effective through December 31, 2008, to the franchise agreement between the City and Aquila, Inc, first enacted as Ordinance No. 60167, As Amended, passed October 30, 1986, in a form substantially as follows:

 

SECOND EXTENSION OF franchise AGREEMENT

 

The City of Kansas City, Missouri, and Aquila, Inc., enter into this Second Extension of Franchise Agreement effective upon its execution.

 

By Ordinance No. 60147, As Amended, passed October 30, 1986, the City of Kansas City, Missouri, and a predecessor to Aquila, Inc. entered into a franchise agreement to permit Aquila, Inc. to generate, supply, sell, distribute and furnish electric power in areas of the City of Kansas City, Missouri.

 

That grant of authority expired December 31, 2006, and by Ordinance No. 061395 the term was extended to June 30, 2007.

 

By operation of law, in particular the Missouri Supreme Courts decision in City of Bridgeton v. Missouri-American Water Co., 219 S.W.3d 226 (Mo. 2007), a franchise can continue its control over the relationship between a municipality and a utility even after if its expiration when the parties continue to recognize the control of the franchise. However the parties desire to expressly commemorate their agreement.

 

During this period Great Plains Energy commenced and has continued the acquisition of Aquila, Inc., and the parties were required to devote resources to the consideration of the acquisition and commensurate actions before the Missouri Public Service Commission and require additional time in which to negotiate a franchise.

 


The parties agree to extend the terms of the franchise agreement established by Ordinance No. 60147, As Amended, through December 31, 2008, under the same terms as provided by Ordinance No. 60147, As Amended.

 

__________________________________________________

Approved as to form and legality:

____________________________________

William D. Geary

Assistant City Attorney