[Ord. No. 107, 7-20-2021]
As used in this chapter, the following terms shall have the meanings indicated:
TOWN
The Town of Slaughterville, Cleveland County, Oklahoma.
COOPERATIVE
The Oklahoma Electric Cooperative, Inc., an electric cooperative organized and existing under and by virtue of the laws of the State of Oklahoma, and its successors and assigns.
[Ord. No. 107, 7-20-2021]
A. 
The Town hereby grants the cooperative the right, privilege and authority to produce, transmit, distribute and sell electricity within those portions of the corporate limits of the Town in which the Cooperative does not currently have the right to so operate, for all purposes for which it may be used, to the Town, its inhabitants and the public generally, and the right, privilege and authority to construct, maintain and operate a system of poles, wires, conduits, transformers, substations, and other facilities and equipment in, upon, across, under and over the streets, alleys, public grounds and other places in each and every part of the above-described portions of said Town in which the Cooperative does not currently have the right to operate, for the purpose of producing, transmitting, distributing and selling electricity therein to the Town, its inhabitants, and to the public generally.
B. 
The franchise hereby granted as to those portions of the Town described in the preceding paragraph shall be effective from and after the date of approval of this Ordinance by the registered voters of the Town, and acceptance by the Cooperative and shall remain in full force and effect for a period of 25 years. Nothing in this Ordinance shall be construed to prevent the Town from granting an electric franchise to any other person, firm, or corporation, Further, nothing in this Ordinance shall impair or adversely affect in any manner the existing and continuing right of the Cooperative to conduct and expand its operations within those annexed areas of the Town wherein the Cooperative currently operates under the authority of Ordinance and other applicable law.
[Ord. No. 107, 7-20-2021]
The Cooperative shall construct, operate, and maintain its property within those portions of the Town designated in §7-302A above in such manner as will, consistent with necessity, not obstruct nor impede traffic unduly.
[Ord. No. 107, 7-20-2021]
The Cooperative shall defend and indemnify the Town against all liability for injury to any person or property caused by the negligence of the Cooperative in the construction, operation, and maintenance of its property within the designated portions, as described in § 7-302A above, of the Town.
[Ord. No. 107, 7-20-2021]
Electric service provided hereunder to the designated portions, as described in § 7-302A above, of the Town, its inhabitants, and to the public generally, and rates charged therefore shall be in accordance with orders, rules and regulations of the Corporation Commission of the State of Oklahoma or other governmental authority having jurisdiction over the Cooperative.
[Ord. No. 107, 7-20-2021]
The Cooperative shall have the right to assign this franchise and the assignee by written acceptance thereof shall be bound by all the provisions hereof. An authenticated copy of such assignment and acceptance shall be filed with the Clerk of the Town.
[Ord. No. 107, 7-20-2021]
A. 
From and alter the approval and acceptance of this franchise for said designated portions, as described in § 7-302A above, of the Town, and in consideration of the granting of this franchise for said designated portions, as described in § 7-302A above, of the Town, the Cooperative agrees to pay and shall pay to the Town an annual franchise tax in an amount equal to 3% of its gross revenues arising from the sale of electricity within the corporate limits of the Town, such payment to be made monthly, after deducting there from any amount due the Cooperative from the Town: provided, however, that the amount of such annual franchise tax payable by the Cooperative to the Town, as defined by the preceding sentence, shall be reduced by any or all the following:
1. 
Any sales tax collected from the Cooperative or its customers within the Town and paid to the Town or to Cleveland County or to the State of Oklahoma or to any other political subdivision of the State of Oklahoma; and
2. 
Any other franchise, excise, license, occupation, privilege, inspection, permit or other fees, taxes and/or assessments (except ad valorem taxes), collected from the Cooperative or its customers and paid to the Town.
B. 
The Cooperative shall abide by an order, rule or regulation of the Corporation Commission of the State of Oklahoma requiring the listing separately of all or any portion of such franchise tax on electric bills to customers.
C. 
Such franchise taxes, as prescribed in Subsection A above, which are paid by the Cooperative to the Town shall be in lieu of all other sales, franchise, excise, license, occupation, privilege, permit or other fees, taxes and/or assessments, except ad valorem taxes.
[Ord. No. 107, 7-20-2021]
The Ordinance shall be submitted to the registered voters of the Town residing within its corporate limits at a Special Election for their approval or disapproval as to the question of whether to grant such franchise for only said designated portions, as described in § 7-302A above, of the Town. The election is to be held on the 12th day of October, 2021, between the hours of 7:00 a.m. and 7:00 p.m. The Mayor of the Town of Slaughterville is authorized and directed to issue an election proclamation placing this Ordinance before the voters at such election and is further directed to take all steps that may be necessary for holding the election and for the submission of this Ordinance to the registered voters of the Town. If a majority of the registered voters of the Town voting thereon fail to approve this franchise at said election, no rights shall accrue hereunder as to said designated portions, as described in § 7-302A above, of the Town, and the existing and continuing right of the Cooperative to operate within those annexed areas of the Town wherein the Cooperative currently has the right to operate, under the authority of Ordinance and other applicable law, shall not be affected or impaired by such outcome of the election.
[Ord. No. 107, 7-20-2021]
In case the franchise hereby granted as to said designated portions, as described in § 7-302A above, of the Town is approved at said election the Cooperative shall, within 30 days from the date of such approval, file with the Clerk of the Town, in writing, its acceptance. In the event the Cooperative fails to accept within the period, such failure shall be deemed a rejection of the franchise as to only said designated portions as described in § 7-302A above, of the Town, and the existing and continuing right of the Cooperative to serve the annexed areas of the Town, as described in § 7-308 above, shall not he affected or impaired in any manner by such failure.
[Ord. No. 107, 7-20-2021]
This ordinance repeals Ordinance No. 53 and it being immediately necessary for the preservation of the peace, health safety and public good of the Town of Slaughterville and the inhabitants thereof that the provisions of this Ordinance be put in full force and effect, and an emergency is hereby declared to exist by reason whereof this Ordinance shall take effect and be put in full force and effect from and after its passage, as provided by law.