Woodward v. City of Anadarko , 1960 Okla. LEXIS 343 ( 1960 )

BERRY, Justice,

(specially concurring).

After this action was filed in this Court, the Trust Indenture and lease were amended so as to provide in substance that the franchise and lease granted Trust should be for a term of 25 years; (2) That the City of Anadarko by accepting the Trust Indenture did not surrender any of its sovereign governmental powers, therefore, that said City did not surrender, and to the contrary, reserved power and authority to fix the rates charged by Trust for electric service. The Indenture as amended was accepted by Anadarko’s governing body.

I am of the opinion that it was within the province of the Trust, which is a legal entity separate and distinct from the City of Anadarko, to amend its Trust Indenture and that it was within the power of the City of Anadarko to accept the Indenture as amended.

I am also of the opinion that the Trust Indenture, prior to the referred-to amendments thereof, violated Art. 18, Sections 5(a) and 7 of the Okla.Const. (State ex rel. Williamson v. Garrison, Okl., 348 P.2d 859) but as amended said Indenture did not violate said constitutional provisions.

I am of the further opinion that the provisions of 60 O.S.Supp.1953 § 176, relative to a city or town beneficiary of a public trust leasing its property to such a Trust is a special statute applicable to cases such as the one before us, and for said reason it was unnecessary for the City of Ana-darko to submit to its electors the matter of leasing its utility property to Trust.

As reflected by the majority opinion herein, a majority of the electors of the City of Anadarko voted to grant a franchise to Trust.