HomeMy WebLinkAbout2014 18_aep franchise election_2014.12.166�
Tulsa County Clerk - PAT KEY
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Doc # 2014115454 Page(s):2
Recorded 12/23/2014 at 01:56 PM
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CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2014-18
FILED
Tulsa Countv Election Board
DEC 1 7 2014
A RESOLUTION OF THE CITY OF OWASSO, TULSA COUNTY, O LA A, CALLING
FOR A SPECIAL ELECTION TO BE HELD ON THE 3rd DAY OF M
PURPOSE OF SUBMITTING AN ORDINANCE FOR APPROVAL BY THE QUALIFIED
ELECTORS WHICH GRANTS TO PUBLIC SERVICE COMPANY OF OKLAHOMA, AN
OKLAHOMA CORPORATION, A NON - EXCLUSIVE FRANCHISE FOR TWENTY -FIVE (25)
YEARS TO BUILD, EQUIP, MAINTAIN, EXTEND, OWN AND OPERATE A SYSTEM FOR THE
MANUFACTURE, TRANSMISSION, DISTRIBUTION, SALE AND CONTROL OF
ELECTRICITY IN AND TO THE CITY AND THE PUBLIC GENERALLY, TO A VOTE OF THE
REGISTERED VOTERS OF THE CITY FOR THEIR APPROVAL OR DISAPPROVAL;
SPECIFYING THE QUESTION TO BE VOTED UPON AT SUCH SPECIAL ELECTION AND
FURTHER DIRECTING THE DISTRIBUTION AND PUBLICATION OF THIS RESOLUTION.
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WHEREAS, Article 18, §5(a) of the Oklahoma Constitution provides that no grant of a
franchise by a municipal corporation shall be valid unless approved by a majority vote of
the qualified electors of such City; and
WHEREAS, this City Council, by a vote on December 16, 2014, approved an
Ordinance calling for a special election to be set; and
WHEREAS, the Ordinance, if approved by the voters, would grant to Public Service
Company of Oklahoma, an Oklahoma Corporation, a non - exclusive franchise for twenty
five (25) years to build, equip, maintain, extend, own and operate a system for the
manufacture, transmission, distribution, sale and control of electricity and information
distribution in and to the City and the public generally; and
WHEREAS, the Mayor of Owasso, Oklahoma, shall, upon the adoption of this
Resolution, proclaim a special election to submit the Ordinance for approval or disapproval
by the qualified electors of the City of Owasso; and
WHEREAS, 11 O.S. §16 -101, requires that notice of a special election shall be given by
publishing the Resolution of the municipal governing body calling for the election at least
ten (10) days before the date of the special election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Owasso, Oklahoma, as
required by the Constitution and statutes of Oklahoma, does hereby call a special election
for the purpose of submitting the Ordinance to the registered voters of Owasso for their
approval or disapproval, the Ordinance granting to Public Service Company of Oklahoma,
an Oklahoma Corporation, a non - exclusive franchise for twenty five (25) years to build,
equip, maintain, extend, own and operate a system for the manufacture, transmission,
distribution, sale and control of electricity and information distribution in and to the City and
the public generally.
AND, BE IT FURTHER RESOLVED that the Mayor and City Council hereby call a special
election on the 3rd day of March, 2015, to be administered by the Tulsa County Election
Board.
SECTION 1:
The Proposed ballot language for the franchise agreement election shall read as follows:
PROPOSITION
An ordinance granting to Public Service Company of Oklahoma, an Oklahoma
corporation, its successors and assigns, a non - exclusive franchise for twenty -five (25)
years to use the streets, alleys, avenues, ways, and other public places and grounds in
the City of Owasso, Tulsa County, Oklahoma, for building, equipping, maintaining,
extending, owning, and operating a system for the manufacture, transmission,
distribution, sale, and control of electricity and communication circuits for itself and
others in and to the City and the public generally; providing for assignment; granting
right to operate business with reasonable rules; whereby Public Service Company of
Oklahoma agrees to maintain electric service pursuant to Oklahoma Corporation
Commission regulation and agrees to indemnify the City in certain situations; whereby
Public Service Company of Oklahoma is given a continuing right to operate within the
City's limits and is authorized to allow those properly permitted to attach facilities to its
poles; whereby Public Service Company of Oklahoma agrees to charge legal rates for
such service; if possible to sell and deliver to the City all electricity and services
requested by it; providing for payment to the City by Public Service Company of
Oklahoma of a monthly fee on gross receipts from delivery and, if applicable, the sale
of electricity; calling for an election and providing for acceptance, providing for repeal
of conflicting ordinances; providing for severability; and declaring an emergency.
Shall the proposed ordinance be approved?
FOR THE PROPOSITION — YES
AGAINST THE PROPSITION — NO
AND, BE IT FURTHER RESOLVED That the City Council of the City of Owasso hereby
certifies to the Tulsa County Election Board that Tulsa County precincts #750, 751, 752, 753,
754, 755, 756, 757, 758, 759, 760 and Rogers County precincts #31 and 130 are to be
opened; and Tulsa County precinct #21 and Rogers County precincts #6, 21, 29, and 30 are
to remain closed as there are no residents of Owasso in those precincts.
✓ y OF
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OFFICIAL a
ATTEST:
Sherry BisRop, City
Approved this 16th day of December, 2014.
Je oberly, Mayor
APPROVED AS TO FORM' y/ dh/ 9GU
J' ie Lombardi, City Attorney