Details for TulsaWorld.com - reso 1498

784679 Published in the Wagoner County American-Tribune, Wagoner, Wagoner County, Oklahoma, November 23, 2022

RESOLUTION NO. 1498

A RESOLUTION CALLING FOR, AND REQUESTING THE TULSA COUNTY ELECTION BOARD TO CONDUCT, A NON-PARTISAN SPECIAL ELECTION ON FEBRUARY 14, 2023, TO PLACE BEFORE THE ELECTORS OF THE CITY OF BROKEN ARROW THE QUESTION OF APPROVAL OR DISAPPROVAL OF A FRANCHISE, TO BE GRANTED TO THE PUBLIC SERVICE COMPANY OF OKLAHOMA (PSO), TO ALLOW PSO TO USE THE PUBLIC WAYS OF THE CITY OF BROKEN ARROW FOR THE PURPOSE OF FURNISHING ELECTRICITY TO THE PUBLIC, FOR COMPENSATION; APPROVING OR DISAPPROVING CITY OF BROKEN ARROW ORDINANCE NO. 3750, ATTACHED, ADOPTING A NEW APPENDIX TO BROKEN ARROW CODE AT APPENDIX D WHICH SETS FORTH THE TERMS AND CONDITIONS OF THE PSO FRANCHISE; REPRODUCING THE EXACT BALLOT LANGUAGE; ALLOWING FOR ABSENTEE BALLOTING AS REQUIRED BY LAW; PROVIDING THAT THE ELECTION BE CONDUCTED ACCORDING TO STATE LAW; STATING THAT THE ELECTION SHALL BE NON-PARTISAN; REQUESTING THE TULSA COUNTY ELECTION BOARD TO COORDINATE WITH THE ELECTION BOARDS OF OTHER COUNTIES IN WHICH THE CITY OF BROKEN ARROW IS LOCATED; REQUESTING THAT THOSE VOTING PRECINCTS LOCATED PARTIALLY INSIDE AND PARTIALLY OUTSIDE THE CITY LIMITS OF THE CITY OF BROKEN ARROW REMAIN OPEN FOR THE ELECTION; SETTING FORTH THE MEANS OF PAYING THE COST OF THIS ELECTION; CALLING FOR THE CITY COUNCIL TO CANVAS THE ELECTION RESULTS; REQUESTING THE MAYOR TO ISSUE A PROCLAMATION CALLING THE ELECTION AS REQUIRED BY LAW; PROVIDING FOR THE PROPER PUBLICATION OF THIS RESOLUTION; DECLARING AN EMERGENCY, AND SETTING AN EFFECTIVE DATE.

WHEREAS, Title 26 Oklahoma Statutes, "Elections" Section 13-101 provides that all municipal elections shall be conducted by the County Election Board; WHEREAS, Title 26 Oklahoma Statutes, Sections 13-102 and 3-101.E require that the governing body of a municipality deliver to the County Election Board a resolution calling for an election and containing certain information regarding the election; said Sections requires that the resolution be delivered no fewer than seventy-five (75) days prior to said election; and WHEREAS, Title 11 Oklahoma Statutes, Section 16-112 provides that a municipal governing body may authorize the Mayor to call a special election for the purpose of submitting to the registered voters of the municipality the question of granting any franchise; NOW BE IT RESOLVED BY THE CITY OF BROKEN ARROW, THAT: Section 1. The City of Broken Arrow hereby authorizes the Mayor to call for, and requests the Tulsa County Election Board to conduct, a non-partisan special election on Tuesday, February 14, 2023, as required by Article 18, ยง 5(a) of the Oklahoma Constitution, for the qualified electors of the City of Broken Arrow to approve or disapprove the grant of a franchise to Public Service Company of Oklahoma (PSO), that is, the right to use the public ways and public places of the City for the furnishing of electric power to the public. Section 2. The ballot language shall read as follows: Approval of Electric Franchise, Public Service Company of Oklahoma (PSO)

Do you approve the City of Broken Arrow's Ordinance No. 3750, granting an electric franchise to Public Service Company of Oklahoma (PSO), so that PSO may use and occupy the streets, public ways and public places of the City for installing, operating and maintaining poles, wires and other equipment, for the purpose of furnishing electricity to the public? PSO will charge its consumers a reasonable, regulated fee for the electricity furnished. PSO must abide by the terms and conditions set forth in the Franchise Ordinance. PSO will pay fees to the City of Broken Arrow for the use of the public ways, as calculated in the Ordinance. This franchise will last for twenty-five (25) years.

____ Yes, I approve the grant of a Franchise to PSO.

____ No, I disapprove the grant of a Franchise to PSO.

Section 3. Absentee balloting shall be managed by the Election Board in accord with State and Federal law. See Title 26 Oklahoma Statutes, Section 14-101; Sections 14-136 through 14-155, Oklahoma's "Uniform Military and Overseas Voters Act"; Title 52 United States Code Annotated Section 20302 et seq. formerly 42 USCA Section 1973ff-1 et seq., the Federal "Military and Overseas Voter Empowerment (MOVE) Act." Section 4. As required by Title 26 Oklahoma Statutes, Section 13-101, this election shall be conducted by the Tulsa County Election Board in accordance with applicable State law, except as otherwise provided. Section 5. This election shall be a non-partisan election. See Title 26 Oklahoma Statutes Section 13-102.A.5. Section 6. The City of Broken Arrow requests the Tulsa County Election Board to coordinate with the election boards of the other counties in which portions of the City of Broken Arrow are located, in the conduct of this election, pursuant to Title 26 Oklahoma Statutes, Section 13-110. Section 7. As stated in Title 26 Oklahoma Statutes, Sections 13-102.A.7 and 13-103.C, the City of Broken Arrow requests that those election precincts partially contained within the city limits be open for polling on the above election day. Section 8. Payment and reimbursement for the cost of this Election shall be managed as set forth in Title 26 Oklahoma Statutes Sections 3-105.1, 13-111. Section 9. In accordance with the Oklahoma Municipal Code, Title 11 Oklahoma Statutes, Section 16-101, "Notice of Municipal Elections" and the Election Code, Title 26 Oklahoma Statutes, Section 13-102, this Resolution shall be published in a newspaper of general circulation in the municipality at least ten (10) days before February 14, 2023. Section 10. An emergency is hereby declared to exist, for the preservation of the public health, safety and welfare, to-wit: the imminent approach of the deadline for delivery of a valid, effective election Resolution to the Tulsa County Election Board, whereby this Resolution shall become effective on November 14, 2022. Section 11. Severability Clause. If any section, sentence, clause or phrase of this resolution or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this resolution or any part thereof. Section 12. An emergency exists for the preservation of the public peace, safety and welfare; therefore this Resolution shall take effect immediately upon its passage, adoption and approval. ADOPTED by the Council: November 14, 2022. /s/ Debra Wimpee Mayor ADOPTED as an emergency measure November 14, 2022. /s/ Debra Wimpee Mayor ATTEST: /s/ Curtis Green (SEAL) City Clerk APPROVED AS TO FORM: /s/ Trevor Dennis City Attorney ATTEST: /s/ Curtis Green (SEAL) City Clerk APPROVED: /s/ Trevor Dennis City Attorney