[Ord. No. 207, Sec. 1]
A.
The City of Lincoln, Arkansas, (hereinafter called Grantor) hereby
grants to the Southwestern Electric Power Company, its successors
and assigns, (hereinafter called Grantee) the exclusive right, privilege
and authority within the present and all future expansion of the corporate
limits of the City of Lincoln, Arkansas, (1) to sell, furnish, transmit
and distribute electric power and energy to Grantor and to all inhabitants
and consumers within said limits, and (2) to construct, maintain,
operate and extend a system for such purposes and to enter on, under
and upon and use any and all the streets, alleys, avenues, bridges
and other public grounds and ways belonging to, or under the control
of Grantor, for the purpose of erecting, maintaining, repairing, replacing
and operating poles, wires, anchors, stubs, transformers, sub-stations,
cables, conduits and other related facilities, appliances and apparatus
which are necessary for, or useful in the furnishing, sale, transmission
or distribution of said electric service hereinafter called facilities.
B.
This Grant is expressly subject to all rules and regulations of,
including, but not limited to territorial assignments by, the Arkansas
Public Service Commission and its successor in authority, provided,
however, that nothing contained herein shall be construed in such
a way as to deem this an exclusive grant.
[Ord. No. 207, Sec. 2]
A.
The Grantee shall, and does by acceptance hereof, agree to provide to the City and its inhabitants adequate and reasonable electric service. Grantor, in recognition of the large and continuing investment necessary for Grantee to perform its obligations hereunder, and the need and duty to promptly construct its facilities, as defined above, required to serve customers, in all areas and zones of the City, consents to the construction of such facilities as defined in § 4.04.01 in all such areas and zones, and Grantor agrees to protect by ordinance, regulation and otherwise, to the fullest extent permitted by law, and except as otherwise, limited herein, the grants of, rights and privileges to Grantee set forth in § 4.04.01 from interference with, or duplication by, other persons, firms or corporations seeking to engage in the sale or distribution of electric energy.
B.
All facilities of Grantee which may be located on public ways, places
and public property, as authorized herein, shall be located so as
to not unreasonably obstruct public use and travel. All of Grantee's
facilities shall be constructed, operated and maintained in accordance
with standards at least equivalent to the standards prescribed by
the National Electrical Safety Code. Grantee, its successors and assigns,
shall replace and repair, at its own expense, all excavations, holes
or other damage caused or done by it to public streets, ways, places
and public property in the construction, operation and maintenance
of its facilities.
C.
The Grantee, its successors and assigns, is hereby given the right
to trim, cut or remove trees, shrubbery or growth on or in public
ways, places and public property which interfere or offer hazards
to the operation of Grantee's facilities used or useful for the
rendition of electrical service, and further, Grantee is hereby given
the right, authority and permission to trim, cut and remove portions
of trees, shrubbery or growth growing on private property but overhanging
or encroaching on public ways, places and public property which interfere
or offer hazards to the construction, operation and maintenance of
Grantee's facilities.
[Ord. No. 207, Sec. 3]
The rights, privileges and authority hereby granted shall exist
and continue from the date of passage of this ordinance, and thereafter,
until terminated in accordance with provisions of Section 44 of Act
324 of the 1935 Acts of the State of Arkansas, as presently enacted
or hereinafter amended.
[Ord. No. 207, Sec. 4]
The rates which are to be charged by Grantee for electric service
hereunder shall be those which are now lawfully approved or prescribed,
and as said rates may, from time to time, be amended by Grantee in
accordance with law or by any regulatory authority having jurisdiction
thereof.
[Ord. No. 207, Sec. 5]
In the construction, operation and maintenance of its facilities,
said Grantee shall use reasonable and proper precaution to avoid damage
or injury to persons or property and shall hold and save harmless
the said Grantor from damage, injury, loss or expense caused by the
negligence of the Grantee, or its agents, servants or employees, in
constructing, operating and maintaining said facilities or in repaving
or repairing any streets, avenues, alleys, bridges or other public
grounds.
[Ord. No. 207, Sec. 6]
The Grantee shall endeavor at all times to keep its facilities
in a reasonable state of repair, and to conform to such practices
and install such appliance and equipment as may be in keeping with
the customary usage and practice in cities of similar size in this
state during the time this franchise shall remain in force.
[Ord. No. 207, Sec. 7]
A.
During the life of this franchise, the Grantee shall pay to Grantor
each year, a franchise tax in an amount equal to; 4.25% of the preceding
quarter year's gross residential and commercial electric revenues
as paid to the Grantee by residential and commercial customers located
within the corporate limits of the City of Lincoln. Payments shall
be made by the Grantee to the Grantor in quarterly installments payable
January 1, April 1, July 1 and October 1. Residential and commercial
electric revenues are those revenues so classified pursuant to Grantee's
uniform classification standards. The Grantee shall have a period
of 30 days immediately following the due date of each quarterly payment
during which to compute the amount to be paid the Grantor.
[Ord. No. 2001-3, Sec. 1]
B.
Grantor shall have the right to examine and verify, from the records
of the Grantee, any data relating to the gross revenues of Grantee
from customers on which said franchise tax is due. In the event of
a controversy between the Grantor and Grantee as to the amount of
gross revenues received by Grantee in the City of Lincoln upon which
said tax is due, such controversy shall be referred to the Arkansas
Public Service Commission, or such successor regulatory agency which
may have jurisdiction over the Grantee, for final determination, and
the decision of said Commission shall be binding upon both parties
hereto.
[Ord. No. 207, Sec. 8]
The aforesaid payments shall constitute and be considered as
complete payment and discharge by the Grantee, its successors and
assigns, of all licenses, fees, charges, impositions or taxes of any
kind (other than automobile license fees, special millage taxes, general
ad valorem taxes and other general taxes applicable to all citizens
and taxpayers) which are now or might in the future be imposed by
the Grantor under authority conferred upon the Grantor by law.
[Ord. No. 207, Sec. 9]
Electric service furnished the Grantor for street lighting and
other purposes shall be paid for by the Grantor in accordance with
the applicable rate schedules of the Grantee now on file and/or as
they may in the future be filed by the Grantee and approved by the
Arkansas Public Service Commission or other regulatory authority having
jurisdiction. The Grantee shall have the privilege of crediting any
amount due Grantor with any unpaid balances due said Grantee for electric
service rendered to said Grantor.
[Ord. No. 207, Sec. 10]
Nothing herein shall be construed to prohibit any person, firm
or corporation from owning and operating facilities for generating,
distributing or furnishing electric energy for his or its own use
or for the use of his or its own tenants, all of which facilities
and use are wholly on the same premises owned by such person, firm
or corporation.
[Ord. No. 207, Sec. 11]
A.
The Recorder/Treasurer is hereby designated as the officer responsible
for the administration of the ordinance. The Recorder may designate
one or more employees of the City as his agent to enforce and administer
the provisions hereof.
B.
The Recorder/Treasurer or his designated agent may promulgate whatever
rules are necessary and incident to the enforcement of this ordinance.
[Ord. No. 208, Sec. 1]
A.
The City of Lincoln, Arkansas (hereinafter called Grantor) hereby
grants to Ozarks Electric Cooperative Corporation, its successors
and assigns (hereinafter called Grantee), the exclusive right, privilege
and authority within the present and all future expansion of the corporate
limits of the City of Lincoln, Arkansas, (1) to sell, furnish, transmit
and distribute electric power and energy to Grantor and all inhabitants
and consumers within said limits, and (2) to construct, maintain,
operate and extend a system for such purposes and to enter on, under
and upon and use any and all of the streets, alleys, avenues, bridges
and other public grounds and ways belonging to, or under the control
of Grantor, for the purpose of erecting, maintaining, repairing, replacing
and operating poles, wires, anchors, stubs, transformers, sub-stations,
cable, conduits and other related facilities, appliances and apparatus
which are necessary for, or useful in the furnishing, sale, transmission
or distribution of said electric service hereinafter called facilities.
B.
This Grant is expressly subject to all rules and regulations of,
including, but not limited to territorial assignments by, the Arkansas
Public Service Commission and its successor in authority; provided,
however, that nothing contained herein shall be construed in such
a way as to deem this an exclusive grant.
[Ord. No. 208, Sec. 2]
A.
Grantee shall and does by acceptance hereof, agree to provide to the City and its inhabitants adequate and reasonable electric service as a public utility and the facilities necessary to provide such service. Grantor, in recognition of the large and continuing investment necessary for Grantee to perform its obligations hereunder, and the need and duty to promptly construct its facilities, as defined above, required to serve customers, in all areas and zones of the City, consents to the construction of such facilities as defined in § 4.04.12 in all such areas and zones, and Grantor agrees to protect by ordinance, regulation and otherwise, to the fullest extent permitted by law, and except as otherwise, limited herein, the grants of rights and privileges to Grantee set forth in § 4.04.12 from interference with, or duplication by, other persons, firms or corporations seeking to engage in the sale or distribution of electric energy.
B.
All facilities of Grantee which may be located on public ways, places
and public property, as authorized herein, shall be located so as
to not unreasonably obstruct public use and travel. All of Grantee's
facilities shall be constructed, operated and maintained in accordance
with standards at least equivalent to the standards prescribed by
the National Electrical Code. Grantee, its successors and assigns,
shall replace and repair, at its own expense, all excavations, holes
or other damage caused or done by it to public streets, ways, places
and public property in the construction, operating and maintenance
of its facilities.
C.
The Grantee, its successors and assigns, is hereby given the right
to trim, cut or remove trees, shrubbery or growth on or in public
ways, places and public property which interfere or offer hazards
to the operation of Grantee's facilities used or useful for the
rendition of electrical service, and further, Grantee is hereby given
the right, privilege and permission to trim, cut and remove portions
of trees, shrubbery or growth growing on private property but overhanging
or encroaching on public ways, places and public property which interfere
or offer hazards to the construction, operation and maintenance of
Grantee's facilities.
[Ord. No. 208, Sec. 3]
The rights, privileges and authority hereby granted shall exist
and continue from the date of passage of this ordinance, and thereafter,
until terminated in accordance with provisions of Section 44 of Act
324 of the 1935 Acts of the State of Arkansas, as presently enacted
or hereafter amended.
[Ord. No. 208, Sec. 4]
The rates which are to be charged by Grantee for electric service
hereunder shall be those which are now lawfully approved or prescribed,
and as said rates may, from time to time, be amended by Grantee in
accordance with law or by any regulatory authority having jurisdiction
thereof.
[Ord. No. 208, Sec. 5]
In the construction, operation and maintenance of its facilities,
said Grantee shall use reasonable and proper precaution to avoid damage
or injury to persons or property and shall hold and save harmless
the said Grantor from damages, injury, loss or expense caused by the
negligence of the Grantee, or its agents, servants or employees, in
construction, operating and maintaining said facilities or in paving
or repairing any streets, avenues, alleys, bridges or other public
grounds.
[Ord. No. 208, Sec. 6]
The Grantee shall endeavor at all times to keep its facilities
in a reasonable state of repair, and to conform to such practices
and install such appliances and equipment as may be in keeping with
the customary usage and practice in cities of similar size in this
state during the time this ordinance shall remain in force.
[Ord. No. 208, Sec. 7]
A.
During the life of this franchise, the Grantee shall pay to the Grantor
each year, a franchise tax in an amount equal to; 4.25% of the preceding
quarter year's gross residential and commercial electric revenues
as paid to the Grantee by residential and commercial customers located
within the corporate limits of the City of Lincoln. Payments shall
be made by the Grantee to the Grantor in quarterly installments payable
January 1, April 1, July 1 and October 1. Residential and commercial
electric revenues are those revenues so classified pursuant to Grantee's
uniform classification standards. The Grantee shall have a period
of 30 days immediately following the due date of each quarterly payment
during which to compute the amount to be paid the Grantor.
B.
Grantor shall have the right to examine and verify, from the records
of the Grantee, any data relating to the gross revenues of Grantee
from customers on which said franchise tax is due. In the event of
a controversy between the Grantor and Grantee as to the amount of
gross revenues received by Grantee in the City of Lincoln upon which
said tax is due, such controversy shall be referred to the Arkansas
Public Service Commission, or such successor regulatory agency which
may have jurisdiction over the Grantee, for final determination, and
the decision of said Commission shall be binding upon both parties
hereto.
[Ord. No. 208, Sec. 8]
The aforesaid payment shall constitute and be considered as
complete payment and discharge by the Grantee, its successors and
assigns, of all licenses, fees, charges, impositions or taxes of any
kind (other than automobile license fees, special millage taxes, general
ad valorem taxes and other general taxes applicable to all citizens
and taxpayers) which are now or might in the future be imposed by
the Grantor under authority conferred upon the Grantor by law.
[Ord. No. 208, Sec. 9]
Electric service furnished the Grantor for street lighting and
other purposes shall be paid for by the Grantor in accordance with
the applicable rate schedules of the Grantee now on file and/or as
they may in the future be filed by the Grantee and approved by the
Arkansas Public Service Commission or other regulatory authority having
jurisdiction. The Grantee shall have the privilege of crediting any
amount due Grantor with any unpaid balances due said Grantee for electric
service rendered to said Grantor.
[Ord. No. 208, Sec. 10]
Nothing herein shall be construed to prohibit any person, firm
or corporation from owning and operating facilities for generating,
distributing or furnishing electric energy for his or its own use
of for the use of his or its own tenants, all of which facilities
and use are wholly on the same premises owned by such person, firm
or corporation.
[Ord. No. 208, Sec. 11]
A.
The Recorder/Treasurer is hereby designated as the officer responsible
for the administration of the ordinance. The Recorder may designate
one or more employees of the City as his agent to enforce and administer
the provisions hereof.
B.
The Recorder/Treasurer or his designated agent may promulgate whatever
rules are necessary and incident to the enforcement of this ordinance.
