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CONSIDERATION OF ORDINANCE O-1819-33 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ADDING ARTICLE VIX TO CHAPTER 10 OF THE CODE OF THE CITY OF NORMAN TITLED UTILITY VEGETATION MANAGEMENT AND SETTING FORTH NOTICE REQUIREMENTS AND BEST MANAGEMENT PRACTICES FOR VEGETATION MANAGEMENT AND MAINTENANCE ACTIVITIES BY UTILITY COMPANIES OPERATING IN THE PUBLIC RIGHTS OF WAY; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: In August 2018, Council was asked to consider adopting Ordinance O-1718-1, which would send to the voters the question of renewing the franchise that gives OG&E the right to access our rights-of-way to provide electricity in Norman. Council voted on several amendments to the agreement, including a provision that would require approval by Council before OG&E sprayed chemicals for the purpose of killing trees or other vegetation, approval by a property owner prior to removal trees of a certain size, and a posted notice five days in advance of trimming, removing or mowing vegetation, shrubs and smaller trees. OG&E, by letter dated September 25, 2017, committed to work in good faith with the City to develop a vegetation management plan that would address chemical use, tree trimming and tree removal for all companies and government entities operating within the City's rights-of-way. Ordinance O-1718-1 was ultimately rescinded and staff has been working with outside counsel to negotiate a new franchise agreement with OG&E. One of the suggestions from outside counsel was to draft an ordinance to address concerns related to vegetation management so that such provisions could be applied to all utilities simultaneously. Staff has been working with representatives from OG&E and OEC to develop such an ordinance. The Community and Planning Transportation Committee (CPTC) discussed the ordinance at its April, August, October and November 2018 meetings. The full Council discussed the proposed ordinanc...
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