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HomeMy WebLinkAbout411_PSO Franchise_25 Years_Repealing Ord 72BOOK 5264 PAGE 1506 912772 ORDINANCE NO. 411 ENTITLED: AN ORDINANCE GRANTING TO PUBLIC SERVICE COMPANY OF OKLAHOMA, AN OKLAHOMA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PERIOD OF TWENTY -FIVE (25) YEARS FROM THE ACCEPTANCE HEREOF TO USE THE STREETS, ALLEYS, AVENUES, WAYS AND OTHER PUBLIC PLACES AND GROUNDS IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, FOR THE PURPOSE OF BUILDING, EQUIPPING, MAINTAINING, EXTENDING, OWNING AND OPERATING A SYSTEM AND PLANT FOR THE MANUFACTURE, TRANSMISSION AND DISTRIBUTION AND SALE OF ELECTRICITY IN AND TO SAID CITY AND THE PUBLIC GENERALLY, AND TO TRANSMIT ELECTRIC ENERGY TO OR FROM CONNECTIONS AND SYSTEMS IN OTHER LOCALITIES; WHEREBY PUBLIC SERVICE COMPANY OF OKLAHOMA AGREES TO MAINTAIN ELECTRIC SERVICE INDEMNIFYING THE CITY OF OWASSO IN SUCH OPERATIONS, AND IS GIVEN THE RIGHT TO ESTABLISH REASONABLE RULES FOR SUCH SERVICE: WHEREBY PUBLIC SERVICE COMPANY OF OKLAHOMA AGREES TO CHARGE LEGAL RATES FOR SUCH SERVICE, TO SELL AND DELIVER TO THE CITY OF OWASSO ALL ELECTRIC ENERGY REQUESTED BY IT AND IS AUTHORIZED TO PERMIT OTHERS TO ATTACH FACILITIES TO ITS POLES AND STRUCTURES AS PROVIDED HEREIN; PROVIDING FOR THE PAYMENT TO SAID CITY BY PUBLIC SERVICE COMPANY OF OKLAHOMA OF A MONTHLY TAX ON THE GROSS RECEIPTS FROM SALE OF ELECTRICITY IN SAID CITY; REPEALING ORDINANCE #72 OF THE CITY OF OWASSO, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES, IN CONFLICT HEREWITH; PROVIDING FOR THE SUBMISSION OF SAID ORDINANCE TO AN ELECTION BY QUALIFIED VOTERS OF THE CITY OF OWASSO. BE IT ORDAIRED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA SECTION 1. That there is hereby granted by the City of Owasso, a municipal corporation of the State of Oklahoma, (hereinafter referred to as "Grantor"), unto Public Service Company of Oklahoma, an Oklahoma corporation, its successors and assigns, (hereinafter referred to as "Grantee"), the right, power and authority to use the streets, alleys, avenues, ways and other public places of 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 system for the manufacture, transmissions, 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 Grantor and to the public generally, and to transmit electric energy over transmission lines to connections and systems in other localities, with poles, wire, conduits, sub- stations and apparatus necessary and convenient for such plant and system upon, across, over and under each and any of said streets, alleys, avenues, ways and other public places and grounds. BOOK 5264 PACE 1507 SECTION 2. All rights and privileges granted by this Ordinance shall extend and be in force between Grantor and 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 Grantee shall also be obligatory upon and shall inure to the benefit of its successors and assigns, and the word "Grantee" as used in this Ordinance shall include and be taken to mean not only 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 reasonable 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 customer where Grantee's 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 constituted regulatory authority. SECTION 5. Grantee covenants 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, 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 disability caused by act of God or by the elements, or strikes, or lock -outs, or by any temporary breakdown or failure of machinery, transmission or distribution lines, appliances or apparatus, or by other causes beyond the control of Grantee; but it does agree in such cases to exercise due diligence in repair of such machinery, transmission or distribution lines, appliances and apparatus, and to resume operation of same without unnecessary delay. The Grantee covenants and agrees that it will indemnify and hold the City of Owasso free and clear of any claims for damages or otherwise caused by the negligence of the Grantee in the construction or operation carried on here - under. But it is understood and agreed that in the event of claims being presented or prosecuted against said City the Grantee shall have the right to defend against the same and to settle and discharge same in such manner as it may see fit. And to this end said City agrees to notify the Grantee of such claims and to furnish to it such information and assistance as may be necessary in the defense hereof. SECTION 6. In performing the terms and provisions of this Ordinance, franchise and contract. Grantee is hereby given the continuing right, privilege and option to manufacture said electric energy within the corporate limits of Grantor, or to transmit said current over transmission lines from other plants and to distribute same from some central location at proper voltage; together with the right to transmit electric energy from and through said City to other localities. Grantee is hereby 2 BOOK5264 PAGE 1508 authorized to allow others, having a permitted right granted by said City, to attach facilities to its poles and structures on such conditions as it deems just and reasonable; provided, should the parties be unable to agree, the City Council of said City shall determine such conditions as are just and reasonable, which shall be binding upon all parties. SECTION 7. During the life of this franchise and for and in consideration of the acceptance hereof by Grantee, it is agreed that Grantee may charge and collect from 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 to Grantor all electric energy requested by it for the lighting of its streets and in pumping necessary for its municipal water and sewer plants and systems. SECTION 9. 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 Grantor as a franchise tax, and as a compensation for the right and privilege enjoyed hereunder, a sum equal to two percent (2 %) of its gross receipts from the sale of electrical energy within said City, payable monthly on or before the 20th day of each month, on such receipts for the preceding calendar month, which tax shall be in lieu of all concessions, charges, excise, franchise, licenses, occupation, privilege and permit fees, or taxes, except assessments for special improvements and 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 and approval by a vote of the majority of the qualified electors residing within said City, who shall vote thereon at a special election called under or pursuant to the provisions hereof; and if this Ordinance fails to be so approved at said election, it shall be wholly void and of no effect. The Mayor of said City is hereby authorized and instructed to call by resolution such election in the manner and form provided by the laws of the State of Oklahoma for the calling of special elections, giving such notice and preparing such resolution, ballot title and call therefore as provided by law for the purpose of submission to the qualified electors residing within said City the proposition of approval or refusal of this Ordinance and the franchise hereby granted; and the proper offices of said City are hereby directed to do all things that may be necessary for holding of said election and for the submission of said question and shall, in all things, comply with laws of the State of Oklahoma,.in the designation of the day, month and year of said election, the hours of opening and closing polls, the voting places within said City in which said election shall be held and the proper persons within the respective precincts of said City for the purpose of holding said election. It is understood and agreed that in the event said franchise be approved at such election the Grantee shall within thirty (30) days after the result of such election is declared as provided by law, file with the Clerk of said City an acceptance in writing duly executed according to law, accepting this Ordinance and franchise. 3 BOOK5264 PAGE 1509 SECTION 11. Upon the filing by the Grantee of the acceptance of this Ordinance as hereinabove provided, all rights, privileges and obligations of any other ordinance and franchises, or portions thereof, under which said Grantee may now be exercising its privileges of use of the streets, alleys, avenues, ways and public places and grounds in said City and particularly Ordinance #72 of said City and all other ordinances and parts of ordinances in conflict herewith, shall be and thereafter remain cancelled, annulled and repealed. This ordinance shall be published within fifteen (15) days after its passage, in a legal newspaper of the county, which newspaper has been continuously and uninterruptedly published in Tulsa County, Oklahoma, during a period of more than one hundred and four (104) consecutive weeks immediately prior to this date and to the first publication of such notice; and which newspaper has had during all of said period and does have, a paid general subscription circulation in said Tulsa County, Oklahoma, and which said newspaper has entrance into the United States mail as paid second -class mail matter. IN WITNESS WHEREOF, I have hereunto set my hand and have caused this resolution to be attested by the Clerk of the City of Owasso, Tulsa County, Oklahoma, this 19th day of December , 1989. Patricia Marlar, Mayor ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM Ronald D. Cates, City Attorney published in the Owasso Reporter, Owasso, Tuha County, Oklahoma, January 4, 1990. Affidavit Of Publication ORDINANCE NO. 411 ENTITLED: AN ORDINANCE GRANTING TO PUBLIC SERVICE COMPANY OF OKLAHOMA, AN OKLAHOMA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PERIOD OF TWENTY -FIVE (25) YEARS FROM THE iACCEP- TANCE HEREOF TO USE THE STREETS, ALLEYS, AVENUES, 9 WAYS AND OTHER PUBLIC PLACES AND GROUNDS IN THE CITY OF OWASSO. TULSA COUNTY, OKLAHOMA, FOR THE Bill R. Retherford, of lawful age, being duly sworn PURPOSE OF BUILDING, EQUIPPING, MAINTAINING, EXTEND- ING, OWNING AND OPERATING A SYSTEM AND PLANT FOR THE MANUFACTURE, TRANSMISSION AND DISTRIBUTION AND and authorized, says that he is the publisher of the SALE OF ELECTRICITY IN AND TO SAID CITY AND THE PUBLIC GENERALLY, AND TO TRANSMIT ELECTRIC ENERGY TO OR Owasso Rep Leiter FROM COINNECTIONS AND SYSTEMS IN OTHER LOCALITIES; a weekly WHEREBY PUBLIC SERVICE COMPANY OF OKLAHOMA AGREES TO MAINTAIN ELECTRIC SERVICE INDEMNIFYING' Tulsa THE CITY OF OWASSO IN SUCH OPERATIONS, AND IS GIVEN newspaper printed in the City of THE RIGHT TO ESTABLISH REASONABLE RULES FOR SUCH SERVICE; WHEREBY PUBLIC SERVICES COMPANY OF OKLA- Tulsa County Oklahoma a newspaper qualified to HOMA AGREES TO CHARGE LEGAL RATES FOR SUCH SER- VICE, TO SELL AND DELIVER TO THE CITY OF OWASSO ALL ELECTRIC ENERGY REQUESTED BY IT AND IS AUTHORIZED publish legal notices, advertisements and publications as TO PERMIT OTHERS TO ATTACH FACILITIES TO ITS POLES AND STRUCTURES AS PROVIDED HEREIN; PROVIDING FOR THE PAYMENT TO SAID CITY BY PUBLIC SERVICE! COMPANY provided in Section 106 of Title 25, Oklahoma Statutes 1971 OF OKLAHOMA OF A MONTHLY TAX ON THE GROSS RECEIPTS FROM SALE OF ELECTRICITY IN SAID CITY; REPEALING ORDI- and 1933 as amended and thereafter, and complies with NANCE A D THE CITY OF OR DINANCES, ,AND ALL OTHER ORDI NANCES'AND PARTS OF ORD {NANCES,1N CONFLICT HERE - WITH; PROVIDING FOR THE SUBMISSION OF SAID ORDINANCE all other requirements of the laws of Oklahoma with TO AN ELECTION BY QUALIFIED VOTERS OF THE CITY OF OWASSO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF reference to legal publications. OWASSO, OKLAHOMA: SECTION 1. That there is hereby granted by City of Owasso, a municipal corporation of the State of Oklahoma, (hereinafter referred to That said notice, a true copy of which is attached as "Grantor "), unto Public Service Company of Oklahoma, an Okla - + homa corporation, its successors and assigns, (hereinafter referred to hereto, was ubhs ed in the regular edition of said as Grantee "); the right, power and authority to use th =ti streets, alleys, p avenues, ways and other public places of Grantor as now constituted and as it may be hereafter extended, for the purpose of building, equip- ping, during the period and time of publication and ping, maintaining, extending, awning and operating a plant and system: for the manufacture, transmissions; distribution for sale of electricity for lighting, heating and power purposes as well as for such other pur- not in a supplement, on the following dates: poses as electric energy may be put, in and to said Grantor and to the public generally, and to transmit electric energy over transmission lines January to connections and systems in other localities, with poles, wires, con- duits, substations and apparatus necessary and convenient for such plant ands stem upon, across, over and under each and any of said streets, alleys, avenues, ways and other public places and grounds. SECTION privileges granted by this Ordinance shall extend and be in force between Grantor and Grantee for a term of Subscribed and sworn to before' this ,5th 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 day of obligatory upon or which' inure to the benefit of Grantee shalt also be obligatory ',upon and shall inure to the benefit of its successors and assigns, and the word " Grantee" as used in this Ordinance shall include and be taken to mean not only Public Service Company of Oklahoma, but also its'successorsand assigns for which assignment consent is hereby given: SECTION 4. Grantee shali have the right to make and enforce rea- sonable rules and regulations for the sale, delivery and metering of its My Commission expires: electric energy and the conduct of its business, and may reserve in such rules and regulations the right to disconnect service to customer' l 9 6 9 0 where Grantee's meters, wires switches, or appliances are found to PUBLISHER'S FEE 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 removing wires; meters, switches or appliances. Provided that such rules and SECTION 8. Durirg the 'life of this franchise, Grantee will self and regulations shall not be in conflict with law or the rules and regulations deliver to Grantor all electric energy requested by it for the lighting of its Prom time to time made by the Corporation Commission of the State of N62 streets and in pumping necessary for its municipal water and sewer Oklahoma or by other regularly constituted regulatory authority. plants and systems. SECTION 5. Grantee covenants and agrees in consideration hereof; SECTION 9. From and after the approval and acceptance of this that it will maintain electric service in and to Grantor under the rules Ordinance; the Grantee shall pay, and in consideration of the granting and regulations imposed upon it by Corporation Commission of the of this francise agrees to pay to the Grantor as a franchise tax, and as State of Oklahoma or by other regularly constituted regulatory authority. a compensation for the right and privilege enjoyed hereunder, a sum But in accepting this franchise and contract, Grantee does not guaran- equal to two percent (21%) of its gross receipts from the sale of electri- tee continuous service at all times and shall be relieved' temporarily cal energy within said City, payable monthly on or before the 20th day from its obligation to furnish such services continuously in of any of each month, on such receipts for the preceding calendar month, disability caused by act of God or by the elements, or strikes, or lock- which tax shall be in lieu of all concessions, charges, excise, franchise, outs, or by any temporary breakdown or failure of machinery, transmis- licenses, occupation, privilege and permit fees, or taxes, except sion or distribution lines, appliances or apparatus, or by other causes beyond the control of Grantee; but it does agree in such cases to exer assessments for special improvements and ad valorem taxes. cise due diligence in repair of such machinery, transmission or distribu- SECTION 10. This ordinance and franchise shall be in full force and tion lines, appliances and apparatus, and to resume operation of same effect from and after its acceptance' as hereinafter provided, upon its without unnemssary delay. passage and approval by a vote of the majority of the qualified electors residing within said City, who shall vote thereon at a special election called under or pursuant to the provisions hereof; and if this Ordinance fails to be so approved at said election, it shall be wholly void and of no effect. The Mayor of said City is hereby authorized and instructed to calf by resolution such election in the manner and form provided, by the laws of the State of Oklahoma for the calling of special elections, giving such The Grantee covenants and agrees that it will indemnify and hold the notice and preparing such resolution, ballot title and call therefore as City of Owasso free and clear of any claims for damagea.or otherwise provided by law for the purpose of submission to the qualified electors caused by the negligence of the Grantee in the construction or opera- residing within said City the proposition of approval or refusal of this Ordinance and thefrancise, hereby anted; and the roper offices of €ion carried on here - under• But ft s understood and agreed that in the Y g b event of claims being presented or prosecuted against said City the said City are hereby directed to do all things that maybe necessary for Grantee'shall have the right to defend against the same and to settle holding of said election and for the submission of said question and and discharge same in such manner as it may see fit. And to this end shall, in all things, comply with laws of the State of Oklahoma, in the said City agrees 4o notify the Grantee of such claims and to furnish to it designation of the day, month and year of said election, the hours of such information and assistance as may be necessary in the defense opening and closing polls, the voting places within said City in which hereof. said election shall be held and the proper persons within the respective SECTION 6. In performing the terms and provisions of this Ordi- precincts of said City for the purpose of holding said election. It is nance, Franchise and contract. Grantee is hereby given the continuing understood and agreed that in the event said franchise be approved' at right, privilege and option to manufacture said electric energy within the such election the grantee shall within thirty (30) days after the results of corporate limits of Grantor, or to transmit said current over transmission such election is declared as provided by law; file with the Clerk of said lines from other plants and to distribute same from some central loca- City an acceptance in writing duly executed according to law, accepting lion at proper voltage ;Sogether w th the right to transmit electric energy this Ordinance and franchise. SECTION 11. Upon the filing by the Grantee of the acceptance of from and through said city to other localities Grantee is i said City, to rized to allow others, having a permitted right granted by said City, to the Ordinance as hero ordinance and chise , privileges and oof, attach facilities to its poles and structures on such conditions as it gations of any otherordinance and franchises, or portions thereof, under which said Grantee may now be exercising its privileges of use deems just and reasonable; provided, should the parties be unable to of the streets, alleys, avenues, ways and public places and grounds in agree, the City Council of said City shall determine such conditions as said City and particularly Ordinance #72 of She City and all other aidi- are just and reasonable, which shalt be binding upon all parties. SECTION 7. During the life of this franchise and for and in consider - nances and parts of ordinances in conflict herewith, shall be and there- anon of the acceptance hereof by Grantee; it is agreed that Grantee after remain cancelled, annulled and repealed. This ordinance shall be published within fifteen (15) days after its ` may charge and collect from Grantor, its inhabitants and the consumers passage, in a legal newspaper of the county, which newspaper has therein, a rate or rates, which shalt at all times be compensator and been continuously and uninterruptedly published in Tulsa County, Okla- reasonable, subject to such rules and regulations as are new in effect homa, during a period of more than one hundred and four it 04) con- or that may hereafter be lawfully made by the Corporation Commission secutive weeks immediately prior to this date and to the fiirst publication of the State of Oklahoma, or by other regularly constituted regulatory of such notice; and which newspaper has had during all of said period authority. and does have, a paid general' subscription circufeffoninsaid Tulsa County, Oklahoma, and which said newspaper has entrance into the United States mail as paid second -class mail mattes IN WITNESS WHEREOF; I have hereunto set my hand and have caused this resolution to be attested by the Clerk: of the City of Owas- so, Tulsa County, Oklahoma, this 19th day of December; 1989. /s/ Patricia Marlar, Mayor ATTEST: /sf Jane Buchanan, City Clerk APPROVED AS TO FORM !s/ Ronald D. Cates; City Attorney (SEAL)