The word "City," as hereinafter used, shall
mean and designate the City of El Reno, Canadian County, Oklahoma;
and the word "company," as hereinafter used, shall mean and designate
the Oklahoma Gas and Electric Company, a corporation organized and
existing under and by virtue of the laws of the State of Oklahoma
and its successors and assigns.
The company shall construct, operate and maintain
its property in such manner as will, consistent with necessity, not
obstruct nor impede traffic unduly.
The company shall defend and indemnify the City
against all liability for injury to any person or property caused
by the negligence of the company in the construction, operation and
maintenance of its property within the City.
Electric service provided hereunder to the City,
its inhabitants and to the public generally, and rates charged therefor,
shall be in accordance with orders, rules and regulations of the Corporation
Commission of the State of Oklahoma or other governmental authority
having jurisdiction.
The company 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 City.
The Company shall furnish to the City without
charge each fiscal year during the term hereof electric current to
be used exclusively by the City for operation of traffic signal lights
and buildings occupied and operated by the City for municipal purposes,
to be applied by the company as a credit to billings to the City,
provided that such electric current shall not exceed 0.5% of the kilowatt-hours
sold by the company to customers within the corporate limits of the
City during the preceding fiscal year.
A special election is hereby called for the
purpose of submitting this ordinance to the qualified electors of
the City residing within its corporate limits for their approval or
disapproval, provided that the company shall pay the cost of such
election. The election shall be held on the 11th day of January, 2000,
between the hours of 7:00 a.m. and 7:00 p.m. The Mayor of the City
Council is authorized and directed to issue an election proclamation
calling 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 qualified electors of the City. If a majority
of the qualified electors of the City voting thereon fail to approve
this franchise at said election, no rights shall accrue hereunder.
In case the franchise hereby granted is approved
at said election, the company shall, within 30 days from the date
of such approval, file with the Clerk of the City, in writing, its
acceptance. In the event that the company fails to accept within said
period, such failure shall be deemed a rejection of the franchise.
The franchise hereby granted shall, on its effective
date, supersede and terminate any previous franchise granted to or
held by the company.