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HomeMy WebLinkAbout072_Public Service FranchiseEXCERPTS FROM MINUTES OF REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE INCORPOR- ATED TOWN OF OWASSO, TULSA COUNTY, OKLAHOMA HELD FEBUARY 21, 1966, AS TO ENACTMENT OF ORDINANCE NO. 72, AND THE CALLING OF A SPECIAL ELECTION THEREON. The Board of Trustees of the Incorporated Town of Owasso, Oklahoma, met in regular session at the hour of 7 o'clock P.M. on the 21st of Febuary 1966 with John R. Groth, President, present and presiding, and Trustee Ernie E. Foster, Trustee Harold D. Large, Trustee Ernie E. Foster, Trustee V.D. Duncan, and Josephine Downey, Deputy, Town Clerk, all present. After roll call, the President declared that a quorum was present. ------------------------------------------------------------------------------------------- ( Here appeared minutes covering other matters) -------------------------------------------------------------------------------------------- The President announced that the next item of business was consideration of a proposed ordinance, being Ordinance No. 72, granting to Public Service Company of Oklahoma a franchise to maintain plants and systems and supply electric service throughout the Town for a period of twenty-five years upon the terms and conditions stated in the proposed Ordinance. Thereupon said proposed Ordinance was read in full by the Clerk, and Robert S. Campbell, present as representative of Public Service Company of Oklahoma, and M.S. Sawyer as Attorney for the Town, explained all provisions of said Ordinance in detail and after the Board was fully informed as to the terms and the interperetation thereof, Trustee Ernie Foster made a motion that an emergency be declared , and the usual rules of procedure be suspended, and that such reading by the Clerk be considered as the first reading of said Ordinance, and that same should be read a second time by title, and then be read a third time and considered, amended and approced section by section, and then be considered as a whole for final passsafe and approval. Such motion was seconded by Trustee V.D. Duncan and the question being put by the President, roll call vote thereon was as follows: The president declared such motion carried. Thereupon said Ordinance was read a second time by title, and thereafter each section was separately read, considered and approved; and each section having been so considered and approved without amendment, said Ordinance was considered as a whole, and Trustee V.D. Duncan made a notion that said Ordinance be passed and approved. Such motion was seconded by Trustee ______, the question was put and roll call vote thereon was as follows: The President declared such motion carried. Thereupon Trustee ______ made a notion that for the promotion of the public interest and welfare, an emergency be declared to exist and that such Ordinance take effect immediately upon its passafe, publication and approval. Such motion was seconded by Trustee ______, the question was put and toll call vote thereon was as follows: The President declared such motion carried. Thereupon Trustee ______ made a motion that the President be authorized and directed to issue and publish a proclamation called a special election on the 5th day of April, 1966, for the purpose of submitting to the qualified electors of the Town the matter of the approcal or disapproval of said Ordinance and the Franchise thereby granted, the cost of such publication and of holding such election to be paid by Public Service Company of Oklahoma. Trustee______ seconded the motion, the question was put and roll call vote thereon was as follows: The President declared such motion carried. Thereupon Trustee ______ made a motion that the President be authorized and directed to issue and publish a proclamation called a special election on the 5th day od April, 1966, for the purpose of submitting to the qualified electors of the Town the matter of the approval or disapproval of said Ordinance and the Franchise thereby granted, the cost of such publication and of holding such election to be paid by Public Service Company of Oklahoma. Trustee _____ seconded the motion, the question was put and toll call vote thereon was as follows: The President declared such motion carried, CERTIFICATE OF TRUE COPY STATE OF OKLAHOMA TULSA County I, the undersigned, do hereby certify that I am the duly elected, qualified and acting Town Clerk of the Incorporated Town of Owasso, Tulsa County, Oklahoma; and that the foregoing constituted a true and correct copy of such parts of the official minutes of Proceedings had at a regular meeting of the Board of Trustees of said Town held on the 21st day of Febuary, 1966, as covered the enactment if Ordinance No. 72, the approval thereof, and the issuance of a proclama- tion calling a special election for the approcal or diapproval of said Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on this, the 21st day of Febuary, 1966. FIRST PUBLISHED IN THE Collinsville News On THE 3rd DAY March, 1966 PROCLAMATION TO THE QUALIFIED ELECTORS OF THE TOWN OF OWASSO, OKLAHOMA: WHEREAS, on the 21st day of Febuary 1966, The Board of Trustees of the Town of Owasso, in Tulsa County Oklahoma, duly enacted Ordinance No. 72 in words and figures as follows to-wit: 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 publication, and until its approval by a majority of the elctors, 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 said Town, to be held in the said Town not less than thirty (30) days after notice of such call and election is first pulished as required by law; NOW, THEREFORE, pursuant to the terms and provisions of said Ordinance No. 72, 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 on the 5th day of APRIL, 1966, a special election at which there shall be there is hereby submitted to the qualified electors residing within the corporate limits of said Town, the matter of the approcal or disapproval of said Ordinance No. 72, 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 ballots which shall be prepared by the Town Clerk of the said town and shall be submitted to such electors. The Ballot Title shall be as follows: Shall the Town of OWASSO, Oklahoma, grant to the Public Service Company of Oklahoma, an Oklahoma corporation, its successors and assigns, a franchise to use the streets, alleys, and other public places in said Town for the period of twenty-five (25) years from the date of 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 and the public generally; and to transmit electric energy to or from systems in other localities and/or through the Town to other localities; and contracting for furnishing electricity for municipal street lighting and water pumping; and fixing the compensation to be paid by the Grantee; and shall the ordinance granting such franchise, and declarinf an emergency, being said Ordinance No. 72, be approved. At such election the polls shall be opened at eight o'clock (8:00) A.M. and kept open continuoulsy until six o' clock (6:00) P.M. There shall be Two (2) polling places in the said Town, to-wit: Precinct No. Owasso 3 First Methodist Church, Owasso Precinct No. Owasso 5 Junior High School, 12th & Main, Owasso in the above polling places the following officers shall codnuct such election and shall also act as counter at such voting places to-wit: Precinct No. Owasso 3 JUDGE Hazel Ora Olds INSPECTOR Carole Finnell CLERK Maxine Smithers Precinct No. Owasso 5 JUDGE Wanda White INSPECTOR Glenna Mae Beane CLERK Mrs. Virginia Hodges This proclamation shall. be published for not less than thirty (30) days prior to the date of said election so fixed above, in each week.]'_ issue, for five successive weeks, of THE COLINSVILLE NEWS, a newspaper, which newspaper has been continuously and uninterruptedly published in --County, Oklahoma, during the period usa of more than one hundred and four (104) weeks consecutively, prior to this date and to the date of the first publication of such notice; and which newspaper has had during all of said period, and does have, a paid general circulation in said Town of Owasso and County of Tulsa: and which said newspaper has entrance into the United States mail as second class mail matter, published in Tulsa County, Oklahoma,., where it is delivered to the United States mail. IN WITNESS WEREOF, i have hereunto set my hand and have caused this proclamation to be attested by the Town Clerk of the Town of Owasso, Tulsa County, Oklahoma, this 21st day of February, 1966. TOWN OF OWASSO President of the Board of Trustees ATTEST: Deputy Town Clerk ORDINANCE NO, ­72 FIRST PUBLISHE DIN THE COLLISVILLE NEWS ON THE 3RD DAY OF March, 1966 ENTITLED: AN ORDINANCE GRANTING TO THE PUBLIC SERVICE COMPANY OF OKLAHOMA, AN OKLAHOMA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHSE 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 MANUFACTURE AND/OR DISTRIBUTION AND SALE OF ELECTRICITY IN AND TO SAID TOWN AND THE PUBLIC GENERALLY, AND TO TRANSMIT ELECTRIC ENERGY TO OR FROM SYSTEMS IN OTHER LOCALITIES AND/OR THROUGH THE TOWN TO OTHER LOCALITIES; AND FIXING THE COMPENSATION TO BE PAID THEREFOR AND THE TIME OF PAYMENT AND THE MANNER OF DETERMINING THE AMOUNT TO BE PAID BY THE GRANTEE; AND CONTRACTING FOR FURNISHING ELECTRICITY FOR MUNICIPAL STREET LIGHTING AND WATER PUMPING; AND DECLARING AN EMERGENCY; AND WHEREBY THE SAID QUESTION IS SUBMITTED TO A VOT OF THE QUALIFIED ELECTORS, RESIDENTS AND CITIZENS OF SAID TOWN AT A SPECIAL ELECTIN CALLED AT WHICH SUCH QUESTION SHALL BE SUMITTED. BE IT ORDAINED BY THE BOAR OF TRUSTEES OF THE TOWN OF OWASSO SECTION 1. That there is hereby franted by the Town of Owasso, a municipal corporation of the State of Oklahoma, (here- inafter referred to as the "Grantor"), unto 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 Grantor, 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 electric energy may be put, in and to said Grantor and to the public generally, and to transmit electric energy over high-lines to connections and systems in other localities, with poles, wires, conduits, substations and apparatus necessary and convenient for such system upon, across, over and/or under each r any of said strees, 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 Grantor and the Grantee for a term of twenty-five 125) years from and after the acceptance of this ordinance, as herein- after 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 Company of Oklahoma, shall also be obligatory upon and shall inure to the benefit of the successors and assigns of the said Public Service Company 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 reason- able 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 who 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 Corporation Commission of the State of Oklahoma or by other regularly cons- tituted regulatory authority. SECTION 5. The Grantee convenants and agrees in consideration hereof, that it will maintain electric service in and to Grantor 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 accepting this franchise and contract, the Grantee does not guarantee continuous service at all times and shall be relieved temporarily from its obligation to furnish such services continuously 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, - 2 - transmission -Lines, appliances and apparatus, or by other causes beyond the control of the Grantee; but it does agree in such cases to exercise 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, franchise and contract,, the Grantee is hereby given the continuing right, privilege and option tc manufacture said electric energy within the corporate limits of Grantor, or to transmit said current over high power lines from the other plants and to dis- tribute the same from some central location at proper voltage; together with the right to transmit electric energy from and./or 'through said town to other localities. SECTION 7, During the life of this franchise and for and in consid- eration of the acceptance hereof by the Grantee, it is agreed that the Grantee may charge and collect from the Grantor, its inhabitants and the consumers therein, a rate or rates, which shall at all times be compensatory and reasonable, subject to such rules and -regulations as are now in effect, or that may hereafter be lawfully made by the Corporation Commission of the State of Oklahoma, or by other regularly constituted -regulatory authority, SECTION 8, During the life of this franchise Grantee will sell and deliver ver to Grantor all electric energy used by it for the lighting of its streets and in pumping vvater necessary for its --municipal water distribution plant and system and Grantor will, take such electric energy from Grantee and pay therefor at rates fii.ed w, th approved by the Corporation Commission of Oklahoma. SECTION 9. From and after the approval and acceptance of this Ordinance, the Grantee shal"t pay, and in consideration of the granting of this franchise agrees to pay, to Grantor an annual charge in an amount equal to two per cent (2%) of the gross receipts for each current year from residential and commer- cia-1 sales of electric energy sold and delivered wholly within the corporate limits o t ' Grantor for use in such coipora.te limits, exclusive of electric energy sold to Grantor for any purpose, - 3 - Said. charge shall be due and payable to Grantor on or before the Ist day of June of each year, ccrn-mencing with the Ist day of June, A. D,, 19 66 But it is provided and ordained that same may be paid by applying so much thereof as m. ay be necessary to the satisfaction and payment of bills representing the balance due to the Grantee for electric energy sold and delivered to Grantor for its street lighting, water pumping, and municipal service of all kinds and classes; and the remaining balance of said two, per cent (12%) of said gross receipts, if any, shall be paid to the Treasurer ,-)f Grantor to be placed in its general fund. Said charge of two per cent (i2%) 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 -10. This ordinance and franchise shall be in full force and effect from and after its acceptance as hereinafter provided, upon its passage, pub- lication and approval at a special election to be called and held in the Town of cma 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 Grantor, as provided by law for holding such elections, provided such franchise is approved at such election by a majority vote of the qualified electors, residents, and citizens of Grantor voting thereon at such election; and the proper officers of Grantor are authorized and instructed to call such election, giving such notice and preparing such proclamation, ballot title and call for such election as provided b,.,, law. Provided, further, that the Grantee shall within thirty (30) days after the result of such election is declared file with the Town Clerk of Grantor an acceptance in writing duly executed according to law, accepting 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 vithdn said thirty days, shall absolutely cease and terminate. - 4 - SECTION 11. Whereas an immediate necessity exists in order that the inhabitants of Grantor may be provided an adequate supply of -electricity for heat- ing, lighting and power purposes, and for the purpose of providing light, heat and power for the streets, alleys, public grounds, parks and other public places and institutions of Grantor, 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 approval and publication; and same shall be submitted at a special election. Emergency clause voted upon separately and passed by unanimous vote this 21st day of February, 1966. PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, ON THE 21ST DAY OF FEBRUARY, 1966. APPROVED BY THE PRESIDENT OF THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, ON THE 21ST DAY OF February, 1966. TOWN OF OWASSO President of the Board of Trustees SEAL ATTEST: Deputy Town Clerk APPROVED AS TO FORM: M.S. Sawyer Attorney for the Town of Owasso