(Published in the Stillwater News Press October 25, 2015. 1t) RESOLUTION CC-2015-18 A RESOLUTION AUTHORIZING THE MAYOR TO ISSUE A PROCLAMATION CALLING FOR A SPECIAL ELECTION IN THE CITY OF STILLWATER, OKLAHOMA, ON NOVEMBER 10, 2015, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF STILLWATER THE QUESTION OF WHETHER ORDINANCE NO. 3325 GRANTING A FRANCHISE TO ONE GAS, INC., ACTING BY AND THROUGH ITS OKLAHOMA NATURAL GAS COMPANY DIVISION, AND ITS SUCCESSORS AND ASSIGNS FOR PURPOSES OF INSTALLING, OPERATING AND MAINTAINING A DISTRIBUTION SYSTEM WITHIN, ALONG, ACROSS, OVER AND UNDER THE PUBLIC WAYS OF THE CITY OF STILLWATER, OKLAHOMA FOR THE TRANSPORTATION, DISTRIBUTION AND/OR SALE OF GAS TO CONSUMERS AND THE PUBLIC GENERALLY IN THE CITY SHALL BE APPROVED; AUTHORIZING THE MAYOR TO CALL THE ELECTION BY PROCLAMATION AND DIRECTING THE PAYNE COUNTY ELECTION BOARD TO CONDUCT THE ELECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, OKLAHOMA: Section 1: Ordinance No. 3325 is hereby proposed by the City Council of said City and shall be submitted to the qualified voters of said City at a Special Election to be held on November 10, 2015, in accordance with the Stillwater City Charter and applicable state laws. It is the purpose and intention of the City Council to adopt this resolution for the purpose of calling and holding said election in order that this proposed ordinance may be submitted to the qualified voters of the City of Stillwater on said date and the same shall be effective if approved by a majority of the votes cast thereon by the qualified voters of the City of Stillwater voting at said election. Section 2: The title of the proposed ordinance as approved on first reading by the City Council on September 10, 2015, reads as follows, to-wit: ORDINANCE NO. 3325 AN ORDINANCE GRANTING TO ONE GAS, INC., ACTING BY AND THROUGH ITS OKLAHOMA NATURAL GAS COMPANY DIVISION, AND ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY-FIVE (25) YEARS FROM APPROVAL AND ACCEPTANCE OF THIS ORDINANCE, A NON-EXCLUSIVE FRANCHISE AND RIGHT TO ENTER THE PUBLIC WAYS TO INSTALL, OPERATE AND MAINTAIN A DISTRIBUTION SYSTEM WITHIN, ALONG, ACROSS, OVER AND UNDER THE PUBLIC WAYS OF THE CITY OF STILLWATER, OKLAHOMA FOR THE TRANSPORTATION, DISTRIBUTION AND/OR SALE OF GAS TO CONSUMERS AND THE PUBLIC GENERALLY IN THE CITY; DEFINING THE WORDS AND PHRASES THEREIN; PROVIDING FOR ASSIGNMENT, SALE OR LEASE OF THE FRANCHISE; PROVIDING THAT THE CITY MAY ENACT AN ORDINANCE CHARGING PERSONS TRANSPORTING GAS THROUGH GRANTEE'S DISTRIBUTION SYSTEM A FEE ON THE CALCULATED VALUE OF SUCH TRANSPORTED GAS; PROVIDING FOR USE AND REPAIR OF THE PUBLIC WAYS AND FOR PUBLIC WAY CONSTRUCTION PERMITS; PROVIDING FOR REGULATION OF SERVICE; ESTABLISHING DEPTH OF PIPELINES; ESTABLISHING RIGHTS AND DUTIES IN THE MOVEMENT AND ALTERATION OF PIPELINES; PROVIDING FOR INDEMNIFICATION OF THE CITY OF STILLWATER; PROVIDING FOR GRANTEE'S RULES AND REGULATIONS; PROVIDING FOR INSPECTION OF GRANTEE'S RECORDS; REQUIRING GRANTEE TO PAY A FRANCHISE FEE AND OTHER COMPENSATION AND THE CONDITIONS OF SUCH PAYMENT; PROVIDING FOR A RIGHT OF FIRST REFUSAL UPON SALE OF THE DISTRIBUTION SYSTEM; PROVIDING THE TIME FOR PERFORMANCE BY GRANTEE; PROVIDING FOR RECOVERY OF ATTORNEYS FEES; PROVIDING FOR CONDITIONS OF THE FRANCHISE; PROVIDING FOR CONSTRUCTION OF THIS ORDINANCE UPON THE INVALIDITY OF ANY PART THEREOF; PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO AN ELECTION OF THE QUALIFIED VOTERS OF THE CITY; PROVIDING FOR ACCEPTANCE OF THIS FRANCHISE BY GRANTEE AND BOTH AN EFFECTIVE AND AN OPERATIVE DATE THEREOF; DECLARING AN EMERGENCY; PROVIDING FOR CONFLICTS AND SUPERSEDING ORDINANCE NO. 2369; AND PROVIDING FOR SEVERABILITY OF PROVISIONS AND APPLICABILITY OF HEADINGS. Section 3: The Payne County Election Board is hereby directed to hold a special election in the City of Stillwater, Oklahoma, on November 10, 2015, for submission of the question of the approval of Ordinance No. 3325 to the qualified electors in accordance with the applicable laws of the State of Oklahoma and the Stillwater City Charter. The Mayor is hereby authorized to issue a proclamation calling the election and giving notice of election as provided by law. The proclamation shall set forth the following proposition to be voted upon in the form of the ballot: PROPOSITION NO. 2 (Proposed Ordinance No. 3325) "Shall a franchise be granted to ONE Gas, Inc., acting by and through its Oklahoma Natural Gas Company division, and its successors and assigns(“ONG”) for the right to install, operate and maintain a distribution system within, along, across, over and under the public ways of the City of Stillwater, Oklahoma for the transportation, distribution and/or sale of gas to consumers and the public generally in the city within those portions of the corporate limits of the City for a term of 25 years in said area; providing for operation that will not unduly impede traffic, for indemnification to the City, for regulation of service, for assignment, and for ONG to pay the City a franchise fee of 4% of its gross revenues, in accordance with the terms of Ordinance Number 3325." _____ YES, FOR THE AMENDMENT _____NO, AGAINST THE AMENDMENT Section 4: If a majority of the registered qualified voters of the City of Stillwater voting on the question vote in the affirmative, the proposed ordinance shall be approved and shall become effective immediately upon certification of election results by the Payne County Election Board Secretary and filing of acceptance by ONE Gas, Inc. Section 5: The City Council of the City of Stillwater, Oklahoma, a municipal corporation, in open session at its Regular Council Meeting on the 10th day of September, 2015, hereby authorizes the Mayor of the City of Stillwater, Oklahoma, to issue and sign a Proclamation calling for a Special Election on the 10th day of November, 2015, for an election on this resolution proposing adoption of Ordinance No. 3325. PASSED, APPROVED AND ADOPTED this 10th day of SEPTEMBER, 2015. GINA J. NOBLE, MAYOR (SEAL) ATTEST: ELIZABETH CHRZ, CITY CLERK APPROVED AS TO FORM AND LEGALITY THIS 10th DAY OF SEPTEMBER, 2015. JOHN E. DORMAN, CITY ATTORNEY ELECTION PROCLAMATION AND NOTICE Under and by virtue of the authority vested in me by the Constitution and Laws of the State of Oklahoma and the Charter of the City of Stillwater, Oklahoma, I, Gina J. Noble, the duly elected and acting Mayor of the City of Stillwater, Oklahoma, do hereby, in accordance with Resolution CC 2015-18 of the City Council of the City of Stillwater dated September 10, 2015, authorizing the calling of a special election on the proposition set forth in said resolution, proclaim and give notice that proposed Ordinance No. 3325, the title of which as approved on first reading is set forth in Resolution CC-2015-18, adopted by the City Council on September 10, 2015, shall be placed on the November 10, 2015 special election ballot, as mandated by State Law and City Charter. SPECIAL ELECTION: The following proposition shall be placed on the special election ballot: PROPOSITION NO. 2 (Proposed Ordinance No. 3325) "Shall a franchise be granted to ONE Gas, Inc., acting by and through its Oklahoma Natural Gas Company division, and its successors and assigns(“ONG”) for the right to install, operate and maintain a distribution system within, along, across, over and under the public ways of the City of Stillwater, Oklahoma for the transportation, distribution and/or sale of gas to consumers and the public generally in the city within those portions of the corporate limits of the City for a term of 25 years in said area; providing for operation that will not unduly impede traffic, for indemnification to the City, for regulation of service, for assignment, and for ONG to pay the City a franchise fee of 4% of its gross revenues, in accordance with the terms of Ordinance Number 3325." ____YES, FOR THE AMENDMENT ____NO, AGAINST THE AMENDMENT REGISTERED QUALIFIED VOTERS: Only voters residing in the City of Stillwater who have the qualifications prescribed for voters by the Constitution and Laws of the State of Oklahoma, and who are registered as required by law, may vote in the Election. POLLING PLACES AND HOURS: Said Election shall be held at the usual polling places and conducted by the regular election officials as designated by the County Election Board of Payne County, Oklahoma. Polls will be open at the hour of 7:00 o'clock A.M. and close at the hour of 7:00 o'clock P.M. Such election shall be conducted by those precinct officers designated by the County Election Board of Payne County, Oklahoma, which officers shall certify the results thereof as required by law. The number and location of the polling places for the election shall be the same as prescribed by the County Election Board for state and county elections and shall include all precincts totally or partially within the city limits of the City of Stillwater, Oklahoma. DATED this 10th day of September, 2015. CITY OF STILLWATER, OKLAHOMA GINA J. NOBLE, MAYOR ATTEST: ELIZABETH CHRZ, CITY CLERK APPROVED AS TO FORM AND LEGALITY THIS 10th DAY OF SEPTEMBER, 2015 . JOHN E. DORMAN CITY ATTORNEY
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