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HomeMy WebLinkAboutORDINANCE NO. 33FIRST POSTED IN POST OFFICE KAISERS BARKER SHOP SMITHENS DRY GOOD GO LEWIS FERRICH GROCERIES P.A. GILLELANDS STORE ON THE 285 DAY OF MARCH, 1941 PROCLAMATION TO THE QUALIFIED ELECTORS OF THE TOWN OF OWASSO: WHEREAS, on the 27 day of March, 1941, the President of the Board of Trustees and the Board of Trustees of the Town of Owasso, Tulsa County, Oklahoma, duly enacted Ordinance no. 33 in words and figures as follows, to-wit: ORDINANCE NO. 33 ENTITLED: AN ORDINANCE GRANTING TO THE PUBLIC SERVICE COMPANY OF OKLAHOMA, AN OKLAHOMA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES IN THE TOWN OF OWASSO, TULSA COUNTY, OKLAHOMA, FOR THE PERIOD OF TWENTY-FIVE (25) YEARS FROM THE ACCEPTANCE HEREOF FOR THE PURPOSE OF BUILDING, EQUIPPING, MAINTAINING, EXTENDING, OWNING AND OPERATING A SYSTEM AND/OR PLANT FOR THE MANUFACT- URE AND/OR DISTRIBUTION AND SALE OF ELECTRICITY IN AND TO SAID TOWN OF OWASSO AND THE PUBLIC GENERALLY, AND TO TRANSMIT ELECTIC ENERGY TO OR FROM SYSTEMS IN OTHER LOCALITIES AND/OR THROUGH THE TOWN TO OTHER LOCALITLIES; AND FIXING THE COMPENATION TO BE PAID THEREFORE AND THE TIME OF PAYMENT AND THE MANNER OF DETERMINING THE AMOUNT TO BE PAID BY THE GRANTEE; AND DECLARING AN EMERGENCY; AND WHEREBY THE SAID QUESTIONS IS SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS, RESIDENTS AND CITIZENS OF THE TOWN OF WASSO AT A SPECIAL ELECTION CALLED AT WHICH SUCH QUESTIONS SHALL BE SUNMITTED: BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO: SECTION 1. There is hereby granted to the public service company of oklahoma, an Oklahoma corporation, its successors and assigns, (hereinafter referred to as the "Grantee"), the right, power and authority to use the streets, alleys, avenues, ways and other public places of the Town of Owasso, as now constituted and as it may be hereafter extended, for the purpose of building, equipping, maintaining, extending, owning and operating a plant and/or system for the manufacture and/or distribution and sale of electricity for lighting, heating and power purposes, as well as for such other purposes as electric energy may be put, in and to said Town of Owasso and to the public generally, and to transmit electric energy over high-lines to connections and sytems in other localities, with poles, wire, conduits, sub- stations and apparatus necessary and convenient for such system upon, across, over and/or under each or any of said streets, alleys, avenues, ways, and other public places and grounds. SECTION 2. All rights and privileges granted by this ordinance shall extend and be in force between the Town of Owasso and the Grantee for a term of twenty-five (25) years from and after the acceptance of this ordinance, as hereinafter provided. SECTION 3. All provisions of this ordinance and franchise which are obligatory upon or which inure to the benefit of the said Public Service Compnay of Okalhoma, shall also be obligatory upon and shall insure to the benefit of the successors and assigns of the said Public Service Compnay of Oklahoma; and the word "Grantee" as used in this ordinance shall include and be taken to mean not only the Public Service Company of Oklahoma, but also its successors and assigns, for which assignment consent is hereby given. SECTION 4. Grantee shall have the right to make and enforce resonable rules and regulations for the sale, delivery and metering of its electric energy and the conduct of its business, and may reserve in such rules and regulations the right to disconnect service to customers whose meters, wires, switches, or appliances are found to have been tampered with, or hwo have failed to pay for electricity, and to enter upon the premises of its customers at all reasonable times for the purpose of inspecting, repairing or reading meters or for removing wires, meters, switches or appliances. Provided that such rules and regulations shall not be in conflict with law or the rules and regulations from time to time made by the Corpora- tion Commission of the State of Oklahoma or by other regularly constituted regulatory authorities of the State of Okalhoma. SECTION 5. The Grantee covenants and agrees in consideration hereof, that it will maintain electric service in the Town of Owasso under the rules and regulations imposed upon it by the Corporation Commission of the State of Oklahoma or by other regularly constituted regulatory authority. But in accept- ing this franchise and contact, the Grantee does not guarantee continuous service at all times and shall be relieved temporarly from its obligation to furnish such service continuoisly in case of any injury caused by Act of God or by the elements, or strikes, or lock-outs, or by any temporary breakdown or failure of machinery, transmission lines, appliances and apparatus, or by other causes beyond the control of the grantee; but it does agree in such cases to excervise proper diligence in repair of such machinery, transmission lines, appliances and apparatus and to resume operation of same without unnecessary delay. SECTION 6. In performing the terms and provisions of this ordinance, frnachinse and contract, the grantee is hereby given the continuing right, privilege and option to manufacture said electric energy within the coroprate limits of the Town of Owasso, or to transmit said current over high power lines from other plants and to distribute the same from some central loc- ation at proper voltage; together with the right to transmit electic energy from and/or through said town to other localities. SECTION 7. During the life of this franchise and for and in consideration of the acceptance hereof by the Grantee, it is agreed that the Grantee may charge and collect from the Town of Owasso, its inhabitants and the consumers therein, a rate or rates, which shall at all times be compensatory and reasonable, subjec to such rules and regulations as are now in effect, or that may hereafter be lawfully made by the Corpora tion Commission of the State of Oklahoma, or by other regularly constituted regulatory authority. SECTION 8. From and after the approval and acceptance of this Ordinance, the Grantee shall pay, and in consideration of the granting of this Franchise agrees to pay, to the Town of Owasso an annual charge in an amount equal to two per cent (2%) of the gross receipts from each current year from residential and commercial sales of electric energy sold and delivered wholly within the corporate limits of the Town of Owasso for use n such corporate limits, exclusive of electric energy sold to the Town of Owasso for any purpose. Said charge shall be due and payable to the said Town of Owasso on or before the 1st day of June of each year, commencing with the 10th day of june, A. D. 1941. But it is provided and ordained that same may be paid by applying so much thereof as may be necessary to the satisfaction and payment of bills representing the balance due to the Grantee for electric energy sold and delivery to the Town of Owasso for its street lighting, water pumping, and municipal service of all kinds and classes; and the remaining balance of said two per cent (2%) of said gross receipts, if any, shall be paid to the Treasurer of said Town to be placed in its general fund. Said charge of two per cent (2%) of said gross receipts shall be in lieu of all concessions, charges, excise, franchise, license, occupation, privilege and permit fees or taxes, or assessments except ad valorem taxes. SECTION 9. This ordinance and franchise shall be in full force and effect from and after its accpetance as hereinafter provided, upon its passage, posting and approval at a special election to be called and held in the Town of Owasso, Oklahoma, of which special election for such purpose thirty (30) days notice shall be given by the President of the Board of Trustees and Town Clerk of the Town of Owasso, as provided by law for holding such elections, provided such franchise is approved at such electio nby a majority vote ofthe qualified electors, residents, and citizens of the Town of Owasso voting thereon at such election; and the President of the Board of Trustees and Town Clerk of the Town of Owasso are authorized and instructed to call such election, giving such notice and preparing such proclamation, ballot title and call for such election as provided by law. Provided, further, that the Grantee shall within thrity (30) days after the result of such election is delcared file with the Town clerk of the Town of Owasso an acceptance in writing duly executed according to law, accpeting all of the terms, conditions and obligations hereof; and failure of the said Grantee so to accept this ordinance within said period shall be deemed a rejection thereof by said Grantee, and the rights and privileges herein granted, if not so accepted within said thirty days, shall absolutley cease and terminate. SECTION 10. Whereas an immediate necessity exists in order that the inhabitants of the Town of Owasso, Oklahoma, may be provided an adequate supply of electricity for heating, lighting and power purposes, and for the purpose of providing lights, heat and power for streets, alleys, public grounds, parks and other public places and institutions of the said town, and for the preservation of public health, peace and safety an emergency is hereby declared to exist by reason whereof this ordinance shall be in full force and effect from and after its passage, posting and approval; and same shall be submitted at a special election. PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, ON THE 27TH DAY OF MARCH, 1941. APPROVED BY THE PRESIDENT OF THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, ON THE 27TH DAY OF MARCH, 1941. PRESIDENT OF THE BOARD OF TRUSTEES SEAL ATTEST: DE SMITHERS Town Clerk And, Whereas, by the terms of said ordinance it is provided in effect that said ordinance should not be in force and effect until its passage and posting and until its approval by a majority of the electors, residents of the Town of Owasso, Tulsa County, Oklahoma, and qualified to vote thereon, voting at a special election which by said ordinance was to be called by the President of the Board of Trustees of the Town of Owasso, to be held in the said Town of Owasso not less than thirty (30) days afte notices of such call and election is first posted as required by law; NOW, THEREFORE, pursuant to the terms and provisions of said Ordinance Numbered 33 and to the authority vested in me by law, I, the undersigned President of the Board of Trustees of the Town of Owasso, Tulsa County, Oklahoma, do hereby call and proclaim that there shall be held in the said Town of Owasso on the 29th day of April, 1941, a special election at which there shall be and there is hereby submitted to the qualified electors of the Town of Owasso, Oklahoma, residents within the corporate limits of said town, the matter of the approval or disapproval of said Ordinance No. 33 and of the franchise contracts rights and privileges thereby evidenced and proposed. The proposition to be voted on at such special election shall be evidenced by the Ballot Title of the Ballot which shall be prepared by the Town Clerk of the said Town of Owasso and shall be submitted to such electors. The ballot title shall be as follows: OFFICIAL BALLOT Shall the Town of Owasso, Oklahoma, grant to the PUblic Service Company of Oklahoma, an Oklahoma corporation its sucessors and assigns, a franchise to use the strees, alleys and other public places in the Town of Owasso for the perid of Twenty-five (25) years from the date of the approval and acceptance of this ordinance for the purpose of building, equipping and maintaining , extending, owning and operating a system and/or plant for the manufacture and/or distribution and sale of electricity in and to said Town of Owasso and the public generally; and to transmit electic energy to or from systems in other localities and/or through the town to other localities; and fixing the compensation to be apid therefor and the time of payment and the manner of determining the ammount to be paid by the grantee; and shall the ordinance granting such franchise, and declaring an emergency, being said ordinance no. 33, be approved: yes no At such election the pools shall be opened at 8 o'clock a.m., and kept open continuously until 6 o'clock P. M. There shall be one polling place in the said Town of Owasso, Tulsa County, Oklahoma, as follows: I.O.O.F. Hall In the above polling place the following officers shall conduct such election at such voting place, to-wit: Judges: JK Fox and Lewis Finch Clerks: Dale Moore The above officers shall also act as counters. This proclamation shall be posted in the Post Office Smithers Drugs for not less than thirty (30) day prior to the date of said election do fixed above. IN WITNESS HWEREOF, I have hereunto set my hand and have caused this Proclamation to be attested by the Town Clerk of the Town of Owasso, Oklahoma, this 27 day of March, 1941. President of the Board of Trustees ATTEST: Town clerk D. E. Smithers SEAL OFFICE 5 -5537 AFTER JULY IST LUTHER 5.5537 GERALD D. SWANSON ATTORNEY AT LAW 503 ORPHEUM BUILDING TULSA, OKLAHOMA PES. 7-6405