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HomeMy WebLinkAboutORDINANCE NO. 47Published in the COLLINSVILLE NEWS ORDINANCE NO. 47 AN ORDINANCE GRANTING TO OKLAHOMA NATURAL GAS COMPANY, A CORPORATION, ITS SUCCCESSORS AND ASSIGNS FOR A PERIOD OF TWENTY-FIVE YEARS FROM THE ACCEPTANCE OF THIS ORDINANCE, A NON-EXCLUSIVE RIGHT TO ERECT, INSTALL, EXTEND AND MAINTAIN A SYSTEM OF WORKS, PIPES, PIPE LINES, AND ALL NECESSARY STRUCTURES AND APPARATUS IN THE STREETS, AVENUES, ALLEYS AND OTHER PUBLIC WAYS AND PLACES IN THE TOWN OF OWASSO TULSA COUNTY, OKLAHOMA, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING AND SELLING GAS TO SAID TOWN, ITS INHABITANTS AND THE PUBIC GENERALLY, FOR DOMESTIC, COMMERCIAL AND INDUSTRIAL USES, AND FIXING THE COMPENSATION TO BE PAID THEREFOR, AND THE TIME AND MANNER OF PAYMENT, AND THE MANNER OF DETERMINING THE AMOUNT TO BE PAID FROM YEAR TO YEAR BY THE GRANTEE, AND PROVIDING RULES AND REGULATIONS GOVERNING THE GRANTEE IN ITS BUSINESS AND RELATIONS TO THE TOWN, AND PROVIDING FOR IDEMNIFING THE TOWN AGAINST LOSS AND DAMAGES, AND PROVIDING FOR THE SUBMISSION OF SAID ORDINANCE TO AN ELECTION OF THE QUALIFIED ELECTORS OF THE TOWN OF OWASSO, FOR APPROVAL, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA: SECTION 1. The word "Grantee" as employed and used in this ordinance shall denote the Oklahoma Natural Gas Company, a corporation, its successors and assigns, and the word "Grantor" shall denote the Town of Owasso, Oklahoma, and the word "Consumer" shall denote any person, firm, corpooration, municipality or other public corporation to be served by the Grantee, SECTION 2. There is hereby granted to the Oklahoma Natural Gas Company, a corporation, its successors and assigns, for a period of twenty-five (25) years from the passage and approval of this ordinance and its acceptance by the Grantee, the right to erect, install, extend, maintain and operate a system of works, pipes, pipe lines and all necessary apparatus, machinery, structures and appurtenances in, on and under the streets, avenuse, alleys and other public ways and places in the Town of Owasso, Oklahoma, as it is now constituted and as it may hereafter be added to or etended 2. for the purpose of transporting, distributing and selling gas to said Town, its inhabitants and the public generally, for domestic, commercial and industrial uses, and for any and all other purposes for which gas, during the period of this grant may be used, together with the right to enter upon the streets, avenues, alleys and other public ways and places and grounds of said Town for the purposes of removin and repairing said works, pipes, pipe lines and all necessary apparatus, machinery, structures and appurtenances. SECTION 3. If said Grantee shall, at any time, sell or assign its franchise and privileges under this ordinance and/or its property to any other person, firm or corporation the assign- ment shall be in writing and a duly authenticated copy thereof shall be filed with the Town Clerk or other officer keeping the records of the Town, and such assignment shall not become effective u ntil such assignee shall file its accpetance in writting with the Town Clerk or other proper officer, and shall agree in writing to become responsible for full performance of all of the conditions, liabilities, covenants and obligations contained inthis ordinance. SECTION 4. The said pips, pip lines, apparatus, structures and appurtenacnces shall be erected, placed or laid in such manner as will, consistent with necessity, least interfere with other public uses of said streets, alleys, avenues and other pulic ways and grounds, and said streets shall not be unnecessarily obstructed and before grantee makes any excavation or distributs the surface of any of the streets, avenues, alleys or other public places, it shall give notice to the town engineer or other proper Town authority and shall, with due diligence and dispatch, place such street or public place in as good condition and repair as before such excavation or distrubance was made, and in defalut thereof the Town may make such repairs and charge the cost thereof to the Grantee and collect the same form it. The Town of Owasso retains the right to reasonable regulation of the erection or construction of any work or laying of any pipe and/or pipe lines, and to reasonably designate where such work an pipe lines shall be placed. SECTION 5. All such works, pipes, pip lines, apparatus, structures, appurtenances and the entire plants and system of grantee shall be constructed and maintained in such condition as will enable it to furnish adequate and continuous service and shall be constructed, installed and maintained in accorance with accepted good practive and in accordance with the orders, rules and regulationsof the corporation commission of the State of Oklahoma or other regulatory body. SECTION 6. All pipe lines shall be laid not less than eighteen inches below the established grade of said streets, avenues, alleys and other public ways and places as such grades now exist or as hereafter may be established. SECTION 7. The Town of Owasso reserves the right to lay or permit to be laid electric conduits, water, gas and other pipe lines or cables and sewers, and to do and permit to be done any underground work that may be deemed necessary and proper by the President and Board of Trustees of the Town of Owaso or other governing body of the Town, in across, along or under any street, avenue, alley, public way, place or other public ground. In permitting such work to be done the Town of Owasso shall not be liable to the Grantee herein for any damages not wilfully and unnecessaritly ocasioned. Whenever by reason of establishing a grade or of changes in the grade of street or in the location of or the manner of constructing any water pipes, electric conduits, sewers or toher underground structures, it shall be deemed necessar by the President and Board of Trustees, or other governing body of the Town, to alter, change, adapt or conform the mains, pipe lines, service pipes or other apparatus or appurtenances of the Grantee thereto, such alterations, or changes, shall be made by the Grantee as ordered in writting by the President and Board of Trustess or other governing body of the town, without claim for reimbursement or compensationfor damages against the Town. If the Town shall require the grantee to adapt, relocate or to change its property to enable any other person or corporation, except the Town, to use said street, alley, highway or other public place, the Grantee shall be reimbursed by the person or corporation desiring or occasioning such change, for any loss, cost or expense caused by or arising out of such change, alteration ro relocation of Grantee's property. SECTION 8. The Grantee shall indemnify, and shall become responsible for and forever save harmless the Town from any and all damages, judgements, costs and expenses, including attorney fees, which the Town may suffer or incur, or which may be legally obtained against the Town, for or by reason of the negligent use and ocupation of any street, aveue, alley or public placein the Town by the Grantee pursuant to the terms of this ordinance, or resulting from the negligent exercise by the Grantee of any of the privileges or by reason of its carrying on its business in the Town; provided, however, that in the event of such claim or claims being prosecuted against the Town of Owasso; the Grantee shall have the right to defnd against the same, and to settle or discharge same in such manner as it may see fit, and the Town of Owasso shall gie prompt written notice to the Grantee of the presentation or prosecution of such claim. SECTION 9. The Grantee shall have the right to make and enforce such reasonable rules and regulations as it may deem necessary for the extension of tis facilities, the sale of its gas and the prudent conduct of its business, provided that such rules and regulations hsall not be in conflict with the laws of the State of Oklahoma, or with the ordinances of the Town of Owasso, nor the orders, rules and regulations of the Corporation Commission of the State of Oklahoma, or ther duly authorized regulatory authority. SECTION 10. The Grantee shall comply with all of the orders, rules and regulations of the corporation commission or other regulatory body as to security deposits, the installing and teting of meters, connecting service pipes with the pipes of consumers, and the regulation and maintaining of proper gas pressure. SECTION 11. The Grantee shall at all times keep suitable plats, maps and records showing the size, character and location of all its pipe lines, structures, appliances and appurtenances located in the Town of Owasso in accordance with the rules and regulations of theCorporation Commission or other regulatory body, and the same toether with all contracts between Grantee and persons or corporations furnishing gas to the Grantee for distribution in the Town of Owasso, shall be available for inspection by the Grantor, through any of its duly authorized officials or employees during business hours of the Grantee. SECTION 12. The Grantee shall pay, and in consideration of the granting of this franchise agrees to pay, to the Town of Owasso as a franchise tax, and as compensation for the right and privilege enjoyed hereunder, a sum equal to two per cent (2%) of tis gross cash receipts from the sale of gas for domestic and commercial consumption within the Town of Owasso, payable monthly on or before the 25th day of each month, on such cash receipts of the preceding calendar month, which tax shall be in lieu of any and all other franchise, licenses, occupation or excise taxes, which may be levied or attempted to be levied by the said Town of Owasso in connection with the transportation, distribution and sale of natural gas in said Town by the Grantee. SECTION 13. This ordinance shall not become effective until it shall be approved by a majority of the qualified electors residing within the corporate limites of the Town of Owasso, who shall vote thereon at an election called for that purpose, and a special election is hereby called for the purpose of submitting to the qualified electors residening in said Town, the question of approval or disapproval of this ordinance, which election shall beheld on the 25 day of January, 1955, betwwen the hours prescribed by law. The President of the Board of Trustees of Town of Owasso is hereby authorized and diurected to issue a proper and lawful call and proclamation and 6. notice of such special election to be held on such date as aforesaid for said purpose, and the executive officers of the Town of Owasso are hereby directed to give due and lawful notice of such election and submission of said question to the electors of said Town, prescribing in said proclamation and notice the proposition to be voted upon, the time of opening and closing the polls, the number and location of the polling places and the ames of the precinct election officials who shall condut said election, and all other things prescribed by law. SECTION 14. In the event this ordinance is approved by a majority vote of said electors voting thereon at said election, the Grantee shall file with the Town Clerk of said Town of Owasso, within ten days after official canvass of the votes and declaration by the President and Board of Trustees of the result thereof, a written acceptance of the same. SECTION 15. For the purpose of protecting and promoting the public health, safety and welfare of said Town of Owasso and its inhabitants, it is hereby declared that an emergency exists by reason whereof this ordinance shall become effective immediately upon its passage, approval and publication. PASSED AND APPROVED and the emergency voted on separately and passed this 20 day of December 1954. W J Bryson President of Board of Trustees Attest: Josephine Downey Town Clerk