City of Purcell Ordinance No. 26-15

No. 940 - Nov. 5 - 1 Time

ORDINANCE  NO. 26-15

AN ORDINANCE OF THE CITY OFPURCELL, OKLAHOMA AMENDING CHAPTER 110, UTILITIES, SECTIONS 110-171 THROUGH 110-176; REPEALING SECTION 110-177 AS UNECESSARY; PROVIDING FOR REPEALER AND SEVERABILITY.

WHEREAS, the City of Purcell is a municipality governed by the laws of the State of Oklahoma; and

WHEREAS, the Purcell Public Works Authority previously approved Resolution 99-P04, which established policies related to electric utility distribution into areas not covered by the City’s system, including subdivisions; and

WHEREAS, the said Resolution 99-P04 was codified into the Purcell Code of Ordinances; and

WHEREAS, the City Council desires to affirm the provisions of said Resolution 99-P04 for purposes of clarity and lawful enforceability; and

WHEREAS, the City Council desires to amend portions of said Sections in conformity with current City policies and procedures; and

WHEREAS, because the codification was based on the approval of a resolution, the Code inadvertently includes unnecessary language currently codified as Section 110-177, which should be repealed and removed from the Code.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PURCELL, OKLAHOMA:

Section 1. Sections 110-171 through 110-176 of the City of Purcell Code of Ordinances are hereby amended to read in their entirety as follows:

Sec. 110-171 City Policy Established

It shall be the policy of the Purcell Public Works Authority, on behalf of its beneficiary, the City, to furnish and sell electric power at volumes commensurate with the needs and demands of its customers to the greatest extent possible but no volumes are guaranteed or assured. Minimum and maximum volumes shall be determined by the Authority from time to time as needs and circumstances change.

Sec. 110-172 Electric Line Construction

1. Installation According to Policy; Control; Connection with Authority’s Approval only; Payment of Costs: Electric distribution lines and transformers shall be installed according to the City’s and the Purcell Public Works Authority’s (the “Authority”) specifications. The Authority shall control and inspect the installation of all lines and transformers from the commencement of the project. No connections shall be made to Authority electric lines without prior written approval of the Authority. All connections shall be made by City and/or Authority personnel or their designees. The initial cost of construction including the cost of transformers shall be paid by Owner/Developer when the distribution system is being extended to new subdivisions or to areas not now included in the system.
2. Connection by Developers/Owners: Except in instances listed in paragraph “c” below, where an individual, partnership, corporation, or other legal entity, hereinafter called the Developer/Owner, desires to connect to the Authority Electric Distribution System, said Developer/Owner shall design all electric lines and transformers within the boundaries of Developer/Owner’s property to meet City and Authority specifications. The design shall be approved by the appropriate representatives of the City and Authority prior to installation.
3. Connection of Service Lines:

1.Where Developer/Owner desires to connect a single residence, commercial building, or other building, located within three hundred (300) feet of an authority distribution line, whether overhead or underground where feasible, the Authority will install a service line to the first point of contact. For overhead service, the first point of contact shall be an approved attachment point near the weather head. For underground service, the first point of contact shall be the metering point. 

2. If the Developer/Owner desires underground electrical service from the Authority’s distribution line within 300 feet where the Authority has determined  underground service is not reasonably feasible, the Owner/Developer shall pay the difference in the increased cost of labor and materials required for installing  underground service versus the cost of providing overhead service.
3. Where a single residence, commercial building or other building is more than three hundred (300) feet from an Authority distribution line, Owner/Developer must, at its own expense, provide the additional distribution line and the necessary transformers and shall be responsible for all other labor and materials beyond three hundred (300) feet.
4. The Authority and/or the City, as the case may be, shall have the authority to view each individual case for the purpose of determining whether or not it is feasible, and under what conditions it is feasible, for the Authority to extend its lines. The Authority reserves the right to determine that an extension is not feasible and therefore not extend its lines and further reserves the right to modify this policy by a majority vote of the entire Council or Trustees.
5. Acceptance of Easements: All utility easements shall be in order, accepted and taken in the name of the Authority and/or the City in advance of installation. If it becomes necessary, the City and/or Authority may exercise its right of eminent domain, but is not required to do so. All expenses related to obtaining said easements, including but not limited to, legal fees, court costs, filing fees, and the purchasing of easements, shall be paid by Developer/Owner. The costs and fees associated with obtaining said easements shall not be a part of the rebate costs described in Section 3.
6. Conveyance of Title: Upon completion by Developer/Owner of said lines and installation of transformers within its property at its cost, the Developer/Owner shall convey title to said lines and transformers to the Authority after final inspection and approval by Authority and/or City personnel.

Sec. 110-173 Rebate for Subdivisions

1. Determination of Cost Per Lot. Prior to installation, the Authority shall determine the costs to the Authority of materials, equipment, and personnel to provide service including street lighting on the property of Developer/Owner. This cost will be divided by the number of building lots shown on the final plat of the subdivision to determine the cost per lot for electrical service. The cost per lot as so determined shall be the basis for the rebate hereinafter set forth.
2. Issuance of Vouchers. Upon completion and acceptance of the electric lines and transformers by the Authority and/or City, the Authority shall issue one voucher to the Developer/Owner for each building lot shown on the final plat of the subdivision. The value of each voucher will be the cost determined in 110-173 A. Vouchers will be redeemable only within five (5) years from the date of issuance after which time the voucher will be null and void.
3. Rebate of Vouchers. Upon connection of Authority electric service to a building site, the Authority/City shall pay Developer/Owner or the holder of the voucher, a rebate for the amount of the voucher. Rebates shall only be paid based upon permanent connection to Authority lines, i.e., if one house sets on more than one lot, the Authority/City will rebate only one voucher for the connection. If more than one house sits on a lot, the Authority/City will only rebate for the one lot.
4. Installation of Underground Utilities. If underground utilities are desired and/or required by the Owner/Developer, all underground cables shall be installed in conduit in accordance with Authority standards. Underground system transformers shall be installed on the front property (lot) lines so as to be directly accessible from a public street in the event an alley way is not platted, unless instructed otherwise by the Authority’s General Manager.
5. Review of Rebates. The rebates provided for in Section 110-173 A,B,C, and D  shall apply only to subdivisions. However, the Authority and/or the City reserves the right to review an application for rebate concerning a single residence, commercial or other building, from the standpoint of feasibility as well as being in the best interest of the City and its residents. The Authority and/or City reserves the power to modify and deviate from the provisions contained herein based upon a vote of a majority of the Council members or Trustees.

Sec. 110-174 Annexation

The Developer/Owner shall petition the City for annexation of any properties to be served by said electric system. In the event a plat is to be filed of the area involved, the Developer/Owner agrees that immediately upon the filing of said plat, annexation may be effected at the city’s option. Electric usage shall determine, but not limit, the area served.

Sec. 110-175 Meter Boxes

The Authority shall provide without charge the required meter base for installation in accordance with applicable codes and state law. If a meter base greater than 200 amps is requested or required, the Owner/Developer or customer shall be assessed any additional costs incurred by the authority.

Sec. 110-176 Administration

It shall be the duty of the Secretary-Treasurer of the Authority to keep records of electric improvements to the distribution system. It shall be the duty of the General Manager and the Electric Department Superintendent to advise the Authority Secretary/Treasurer of any extensions to be made.

Section 2.

Section 110-177 of the Purcell Code of Ordinances is hereby repealed, which such section number being reserved for future use.

Section 3.Repealer. 

All other ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 4. Severability. 

That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.  The City Council of the City of Purcell hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

PASSED, APPROVED, AND ADOPTED, THIS 2ND DAY OF NOVEMBER 2026.

/s/ Jay Tate, Mayor

Jay Tate, Mayor

Attest:

/s/ Andrea Millsap, City Clerk

Andrea Millsap,  City Clerk

Approved as to form this 2nd day of November, 2026.

/s/ Christopher Lind,

 City Attorney

Christopher Lind

City Attorney