Keywords:
ORDINANCE 1
OF 2026
CHARTER SERIES
AN ORDINANCE TO AMEND ORDINANCE NO. 1 OF 1976 GRANTING A FRANCHISE, RIGHT, AND PRIVILEGE TO BEAUREGARD ELECTRIC COOPERATIVE, INC. (COMPANY), ITS SUCCESSORS AND ASSIGNS, TO AMEND THE FRANCHISE FOR A PERIOD OF AN ADDITIONAL TWENTY YEARS FROM MARCH 15, 2026, THE NON-EXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE TOWN OF NEW LLANO, LOUISIANA, AN ELECTRICAL LIGHTING AND POWER BUSINESS UNDER THE JURISDICTION OF THE LOUISIANA PUBLIC SERVICE COMMISSION, AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, OPERATE, USE, EXTEND, REPAIR, REPLACE, AND REMOVE, IN, UNDER, UPON, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, PARKS, STREETS, LANES AND ALLEYS AND ANY OTHER PUBLIC AREAS OF THE TOWN OF NEW LLANO AND OVER, UNDER, ABOVE, ALONG AND ACROSS ANY AND ALL STREAMS, CANALS, BAYOUS, EMBANKMENTS AND BRIDGES NOW OR HEREAFTER OWNED AND CONTROLLED BY IT, A SYSTEM OF WORKS, UNDERGROUND CONDUITS, POLES, POLE LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANSFORMERS AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTALITIES, SUBSTATIONS, GENERATING FACILITIES, AND OTHER FACILITIES AND APPURTENANCES (INCLUDING TELEPHONE AND TELEGRAPH POLES AND WIRES FOR SAID COMPANYS OWN USE), NECESSARY OR PROPER FOR THE GENERATION, TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS AND THROUGH THE TOWN OF NEW LLANO, AS NOW EXISTING OR AS SAID TOWNS LIMITS MAY HEREAFTER BE EXTENDED; AND GRANTING UNTO BEAUREGARD ELECTRIC COOPERATIVE, INC. THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF GENERATION, TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO THE MUNICIPALITY AND TO THE INHABITANTS OF THE TOWN OF NEW LLANO, AND TO ANY OTHER GOVERNMENTAL AGENCY, GOVERNMENTAL SUBDIVISION, PERSON, FIRM OR CORPORATION, WHEREVER LOCATED WITHIN OR WITHOUT THE TOWN LIMITS OF NEW LLANO, TO BE USED BY SUCH PURCHASER OR PURCHASERS, FOR LIGHTING, COOLING, HEATING, POWER OR ANY OTHER PURPOSE OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED; GRANTING TO SAID COMPANY THE RIGHT TO ADOPT REASONABLE RULES AND REGULATIONS FOR ITS SERVICE, DEMAND DEPOSITS, CHARGE FOR INSTALLATION AND TO PREVENT OR PERMIT THE RESALE OF ELECTRICITY BY THE COMPANYS CUSTOMERS; PROVIDING FOR THE PAYMENT BY THE COMPANY TO SAID TOWN OF NEW LLANO FOR AN AMENDED AMOUNT EQUAL TO FIVE PERCENT (5%) FROM THE EFFECTIVE DATE OF THIS AMENDMENT TO ORDINANCE NO. 1 OF 1976 TO MARCH 15, 2046, OF THE AMOUNTS RECEIVED BY THE COMPANY FROM THE SALE AND DELIVERY OF KILOWATT HOURS OF ELECTRIC ENERGY AT RETAIL FOR RESIDENTIAL AND COMMERCIAL PURPOSES BASED ON RESIDENTIAL AND COMMERCIAL NET RATES APPROVED BY THE LOUISIANA PUBLIC SERVICE COMMISSION BILLED FOR SERVICE WITHIN THE LIMITS OF SAID MUNICIPALITY, EXCLUSIVE OF TAXES AND ALL GOVERNMENTAL FEES AND IMPOSITIONS SHOWN ON SUCH BILLS. IT IS UNDERSTOOD AND AGREED THAT NO PAYMENT SHALL BE DUE TO THE MUNICIPALITY BY THE COMPANY ON AMOUNTS RECEIVED FROM THE FOLLOWING CLASSIFICATIONS OF SALES AND SERVICE: (1) SALES OR DISTRIBUTION OF ELECTRICITY FOR RESALE, (2) SALES OR DISTRIBUTION OF ELECTRICITY TO THE MUNICIPALITY AND TO OTHER PUBLIC AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES OF AMERICA, THE STATE OF LOUISIANA AND ITS POLITICAL SUBDIVISIONS, INCLUDING PARISHES AND OTHER MUNICIPALITIES, AND ALL DIVISIONS AND AGENCIES OF ANY OF THE FOREGOING, AND (3) SALES OR DISTRIBUTION OF ELECTRICITY FOR INDUSTRIAL PURPOSES AND/OR TO INDUSTRIAL CUSTOMERS WHO ARE BILLED ON OR THE EQUIVALENT OF RATE SCHEDULE LPI ON FILE WITH THE LOUISIANA PUBLIC SERVICE COMMISSION OR ANY RATE SCHEDULES AMENDING OR SUPERSEDING THOSE RATE SCHEDULES OR ANY RATE SCHEDULES FILED WITH THE LOUISIANA PUBLIC SERVICE COMMISSION HAVING APPLICATION TO INDUSTRIAL USE; PROVIDING FOR ACCEPTANCE BY BEAUREGARD ELECTRIC COOPERATIVE, INC.; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH;
WHEREAS, Beauregard Electric Cooperative, Inc., under the jurisdiction of the Louisiana Public Service Commission, presently enjoys the right to provide electric public utility service in and through the Town of New Llano, Louisiana (the Municipality), and to use and occupy the streets, alleys, and public places therein in connection therewith;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of New Llano, Louisiana, in Regular Session convened:
SECTION 1. Ordinance No. 1 of 1976 adopted March 15, 1976, is hereby amended as follows:
Section 1: The non-exclusive right, privilege and franchise granted in Section 1 of Ordinance No. 1 of 1976 is extended for a period of an additional 20 years from March 15, 2026. All other provisions of Section 1 of Ordinance No. 1 of 1976 remain unchanged.
Section 6: The electric service provided by Company with the Municipality shall be subject to all applicable rates, schedules, terms and conditions on file with and accepted or approved by the Louisiana Public Service Commission. All other provisions of Section 1 of Ordinance No. 1 of 1976 remain unchanged.
Section 7: The current Section 7 of Ordinance No. 1 of 1976 is deleted in its entirety and replaced with the following new Section 7:
In consideration of the grant and amendment of this franchise, the Company agrees to pay to the Municipality during the effective period of this franchise, a sum of money equal to five (5%) per cent from the effective date of this amendment to Ordinance 1 of 1976 to March 15, 2046, of the amounts received by the Company from the sale and delivery of Kilowatt hours of electric energy at retail for residential and commercial purposes based on residential and commercial net rates approved by the Louisiana Public Service Commission billed for service within the limits of said Municipality, exclusive of taxes and all governmental fees and impositions shown on such bills. It is understood and agreed that no payment shall be due to the Municipality by the Company on amounts received from the following classifications of sales and service:
(1) Sales or distribution of electricity for resale.
(2) Sales or distribution of electricity to the Municipality and to other public authorities, including, but not limited to, the United States of America, the State of Louisiana and its political subdivisions, including parishes and other municipalities, and all divisions and agencies of any of the foregoing.
(3) Sales or distribution of electricity for industrial purposes and/or to industrial customers who are billed on an industrial rate schedule on file with the Louisiana Public Service Commission or any rate schedules amending or superseding such rate schedules filed with the Louisiana Public Service Commission having application to industrial use.
The period for which the amount payable under this Section shall be computed will commence when this ordinance becomes effective, and the amount shall be paid monthly and the payments on a monthly basis shall be made not later than thirty (30) days after the end of each month, and on the payment date the Company shall furnish to the Municipality a statement showing the total of such amounts received by the Company for the preceding monthly period to which payment of five percent (5%) is applicable. The payments herein provided to be made by the Company to the Municipality will be reduced in an amount equal to the sum of any new or increased taxes of any nature whatsoever levied by the Municipality and payable by the Company, subsequent to the date this ordinance is adopted (except uniform ad valorem taxes, that is, any uniform taxes based on property values).
Section 10: Section 10 of this Ordinance is deleted in its entirety.
Sections 13: Sections 13 remains in effect for Ordinance 1 of 1976 and is applicable only to that Ordinance and not this renewal Ordinance.
SECTION 2. If any provision, section, subsection, sentence, clause, item, or phrase of this amended ordinance or the application thereof is, for any reason, held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the Municipality, in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this ordinance are declared to be severable.
SECTION 3. Other than as set forth in Section 1 herein, nothing in this amended ordinance shall be construed as superseding, repealing, canceling, modifying, or in any way affecting any of the rights granted to and enjoyed by the Company under Ordinance No. 1 of 1976, adopted by the Municipality on March 15, 1976, and receipt of the Companys acceptance of which was received by the Municipality on February 12, 1976, and said franchise is hereby recognized as continuing in full force and effect in accordance with its terms. However, in the event of a conflict or discrepancy between Ordinance No. 1 of 1976 and this amended ordinance, the provisions of this ordinance shall be controlling. Furthermore, while both Ordinance No. 1 of 1976 and this ordinance are effective, there will be only one five percent (5%) periodic payment based on amounts received by the Company from the sale and delivery of electric energy or service at retail as specified in Section 7 of Ordinance No. 1 of 1976, as amended, it being understood that there will be no double payment of such amount. All ordinances or parts of ordinances contrary to or in conflict with the provisions of this ordinance be and the same are hereby repealed.
BE IT FURTHER ORDAINED by the Mayor and Town Council of the Town of New Llano, Louisiana that the Municipality enter into an Electric Service Agreement and a Street Lighting Agreement with Beauregard Electric Cooperative, Inc. in accordance with the proposed agreements attached hereto and made a part of this Ordinance and that the Mayor of the Town of New Llano, Louisiana be and he is hereby authorized and directed to execute said agreements on behalf of the Municipality. The Mayor and Town Council of the Town of New Llano, Louisiana affirm that they will comply and fulfill all notice and publication requirements as may be required by law.
This ordinance introduced in regular session on the 27th day of January, 2026.
BE IT FURTHER ORDAINED that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed.
THUS, DONE AND ADOPTED by the Town Council of the Town of New Llano on this 24th day of February, 2026 in regular session duly convened in Council Chambers in New Llano, Louisiana.
I, Mayor Carolyn Todd, do hereby certify that the above is a true and correct copy of the Ordinance duly passed and adopted by the Town of New Llano, Parish of Vernon, State of Louisiana, on this 24th day of February, 2026.
Carolyn Todd,
Mayor
ATTEST:
Donna Condon,
Town Clerk
Mar 3 1t
2102197
Notice Cost- $320.50