HomeMy WebLinkAbout2014.12.16_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers, Old Central Building
109 N Birch, Owasso, OK 74055
Regular Meeting
Tuesday, December 16, 2014 - 6:30 pm
1.Call to Order
Mayor Jeri Moberly
2.Invocation
Father John Rule of Church of the Holy Cross
3.Flag Salute
4.Roll Call
5.Consideration and appropriate action relating to a request for approval of the Consent
Agenda. All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non-debatable.
Approve minutes
A.
December 2, 2014 Regular Meeting
December 9, 2014 Regular Meeting
Approve claims
B.
Receive monthly budget status report
C.
Approve Resolution No. 2014-17 calling an election on March 3, 2015 for the purpose
D.
of electing City Council representation for Wards 1 and 2
Accept the Devon Energy Great American Clean-up Achievement Award and
E.
approval of a budget amendment in the Hotel Tax Fund Strong Neighborhoods
increasing the estimated revenues and increasing the appropriation for expenditures
by $1,000
Accept the Justice Assistance Grant; authorize the City Manager to contract with the
F.
amendment in the General Fund, Police department increasing estimated revenue
and increasing the appropriation for expenditures by $8,980
Accept an Agreement for Urban Engineering Services (Engineer Agreement): Cowan
G.
Group Engineering, LLC - Amber Crossing Retail Center
Accept water infrastructure improvements at Ash Grove Cement located at 401 W
H.
2 Ave
nd
6.Consideration and appropriate action relating to items removed from the Consent Agenda
7.Citizen, Dana McBurney, has requested to address the Council relating to the restoration of
Owasso Lake
Owasso City Council
December 16, 2014
Page 2
8.Consideration and appropriate action declaring vehicles as surplus to the needs of the City
and authorizing disposal of surplus and forfeited/seized vehicles
Nathan Singleterry
Staff recommends Council declare vehicles as surplus to the needs of the City of Owasso
and approve their disposal via online auction.
Staff further recommends Council approve the sale of forfeited/seized vehicles with the
subsequent proceeds deposited in the Tulsa County Revolving Drug Fund in accordance
with Title 63 OS 2-501.
9.Consideration and appropriate action relating to annexation (OA-14-03) and rezoning (OZ-
14-07) from Agricultural (AG) to Residential Single Family (RS-3) located at 9909 E 106 St N
th
Bronce Stephenson
Staff recommends approval of OA-14-03 and OZ-14-07.
10.Consideration and appropriate action relating to a Planned Unit Development, OPUD-14-03
(Tyann Storage)
Karl Fritschen
Staff recommends approval of OPUD-14-03, as per Planning Commission conditions.
11.Consideration and appropriate action relating to an amendment to the Engineering Services
Agreement with Dewberry Engineers, Incorporated for the Garnett Road Widening Project
from E 96 to E 106
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Roger Stevens
Staff recommends approval to amend the scope of services contained in the project
engineering agreement and increase the total amount of the contract by $8,200.
12.Consideration and appropriate action relating to Ordinance No. 1043, submitting to the
voters the question of whether a non-exclusive electrical franchise should be granted to the
Public Service Company of Oklahoma
John Feary
Staff recommends approval of Ordinance 1043.
13.Consideration and appropriate action relating to Resolution No. 2014-18 calling an election
on March 3, 2015 for the purpose of submitting to the voters a non-exclusive electrical
franchise to Public Service Company of Oklahoma; and other provisions related thereto
John Feary
Staff recommends approval of Resolution No. 2014-18.
14.Consideration and appropriate action relating to Resolution No. 2014-19 calling an election
on March 3, 2015 for the purpose of submitting to the voters amendments to Charter of the
City of Owasso
Julie Lombardi
Staff recommends approval of Resolution No. 2014-19.
Owasso City Council
December 16, 2014
Page 3
15.Consideration and appropriate action relating to Council confirmation of a citizen
appointment to the Tulsa County Criminal Justice Authority Sales Tax Overview Committee
Mayor Moberly
Mayor Moberly recommends appointing Shea Boschee to the Tulsa County Criminal Justice
Sales Tax Overview Committee.
16.Report from City Manager
17.Report from City Attorney
18.Report from City Councilors
19.New Business (New Business is any item of business which could not have been foreseenat
the time of posting of the agenda)
20.Adjournment
Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hall
bulletin board at 6:00 pm on Friday, December 12, 2014.
___________________________________________
Sherry Bishop, City Clerk
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, December 2, 2014
The Owasso City Council met in regular session on Tuesday, December 2, 2014 in the Council
Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and
Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm
on Wednesday, November 26, 2014.
1.Call to Order
Mayor Jeri Moberly called the meeting to order at 6:30 pm.
2.Invocation
The invocation was offered by Pastor Jim Cinocca of First United Methodist Church.
3.Flag Salute
Councilor Bush led the flag salute.
4.Roll Call
Present Absent
Mayor Jeri Moberly Vice-Mayor Lyndell Dunn
Councilor Doug Bonebrake
Councilor Bill Bush
Councilor Chris Kelley
A quorum was declared present.
Staff:
City Manager - Warren Lehr
City Attorney - Julie Lombardi
5.Presentation of the Character Trait of Sensitivity
Larry Langford, Character Council Member, presented the Character Trait of Sensitivity for
the month of December.
6.Consideration and appropriate action relating to a request for approval of the Consent
Agenda. All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non-debatable.
Approve minutes November 18, 2014 Regular Meeting
A.
Approve claims
B.
Approve Ordinance No. 1041, rezoning (OZ-14-05), Garrett Creek Commercial
C.
property located at the southeast corner of E 116 St N and N 129 E Ave from
thth
Agricultural to Commercial Shopping
Approve Ordinance No. 1042, annexing (OA-14-02) and rezoning (OZ-14-06),
D.
property located at 9721 N Garnett from Agricultural to Commercial Shopping
Mr. Bonebrake moved, seconded by Dr. Kelley to approve the Consent Agenda with
claims totaling $198,940.92. Also, included for review were the self-insurance claims
report and the payroll report for 11/15/14.
YEA: Bonebrake, Bush, Kelley, Moberly
NAY: None
Motion carried: 4-0
Owasso City Council
December 2, 2014
Page 2
7.Consideration and appropriate action relating to items removed from the Consent Agenda
None
8.Consideration and appropriate action relating to Resolution No. 2014-15, Amending the
Priority Determination of Capital Improvement Projects Eligible for Funding from the Capital
Improvements Fund
Teresa Willson presented the item recommending approval of Resolution No. 2014-15
amending the priority determinationto include Intersection Traffic Signal Improvements at
Highway 20 and N 140 E Ave and a Replacement Fire Engine.
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After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution No.
2014-15, as recommended.
YEA: Bonebrake, Bush, Kelley, Moberly
NAY: None
Motion carried: 4-0
9.Consideration and appropriate action relating to acceptance of 2014 Rayola Park
Playground Project and authorization for final payment
Karl Fritschen presented the item recommending acceptance of the project and
authorization for final payment to RJR Enterprises in the amount of $209,600.
After discussion, Mr. Bush moved, seconded by Dr. Kelley to accept the project and
authorize final payment, as recommended.
YEA: Bonebrake, Bush, Kelley, Moberly
NAY: None
Motion carried: 4-0
10.Consideration and appropriate action relating to Resolution No. 2014-16, designating the City
Manager as the settlement representative for the settlement conference in the litigation
6PRNH\'DYLGVRQYV&LW\RI2ZDVVR&9*.)7/:
styled, et al., , and additionally
granting full and final settlement authority in this litigation matter to the City Manager
Julie Lombardi presented the item recommending approval of Resolution No. 2014-16.
After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to approve Resolution No.
2014-16, as recommended.
YEA: Bonebrake, Bush, Kelley, Moberly
NAY: None
Motion carried: 4-0
11.Report from City Manager
Roger Stevens presented the Monthly Public Works Project Status Report.
Warren Lehr shared information relating to Black Friday shopping.
12.Report from City Attorney
None
13.Report from City Councilors
Councilor Bonebrake expressed appreciation to the Police for the sense of security during
Black Friday.
14.New Business
None
Owasso City Council
December 2, 2014
Page 3
15.Adjournment
Dr. Kelley moved, seconded by Mr. Bonebrake to adjourn the meeting.
YEA: Bonebrake, Bush, Dunn, Kelley, Moberly
Nay: None
Motion carried 4-0 and the meeting adjourned at 7:08 pm.
___________________________________________
Jeri Moberly, Mayor
___________________________________________
Lisa Wilson, Minute Clerk
OWASSO CITY COUNCIL, OPWA, AND OPGA
MINUTES OF JOINT REGULAR MEETING
Tuesday, December 9, 2014
The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met
in joint regular meeting on Tuesday, December 9, 2014 in the Council Chambers at Old Central,
109 N Birch Street, per the Notice of Public Meeting
15, 2013 and the Agenda posted on the City Hall bulletin board at 6:00 pm on Friday, December
5, 2014.
ITEM 1: CALL TO ORDER
Mayor Jeri Moberly called the meeting to order at 6:00 pm.
PRESENT ABSENT
Jeri Moberly, Mayor/Chair Doug Bonebrake, Councilor/Trustee
Lyndell Dunn Vice-Mayor/Vice Chair
Chris Kelley, Councilor/Trustee
Bill Bush, Councilor/Trustee
A quorum was declared present.
ITEM 2: BRIEFING AND DISCUSSION RELATING TO REGULAR, RECURRING, OR CONSENT ITEMS
A.Disposal of surplus equipment and vehicles
B.Resolution calling the Council election on March 3, 2015
C.Acceptance of Justice Assistance Grant and budget amendment in the amount of
$8,980
D.Acceptance of Devon Energy donation and budget amendment in the amount of
$1,000 (Keep Oklahoma Beautiful)
Sherry Bishop presented each item and discussion was held. It was further explained that each
item would be included on the December 16, 2014 City Council agenda for consideration and
action.
ITEM 3: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT ITEMS
A.Planned Unit Development, OPUD 14-03 (Tyann Storage)
B.Annexation (OA 14-03) & Rezoning (OZ 14-07) 9909 E 106 Street North
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Bronce Stephenson presented each item and discussion was held. It was explained that each
item would be placed on the December 16, 2014 Council Agenda for consideration and action.
ITEM 4: DISCUSSION RELATING TO A COMPLETE STREETS POLICY
Bronce Stephenson and Dwayne Henderson presented a draft policy and discussion was held. It
was further explained that the item would be placed on the January 13, 2015 worksession
agenda for additional discussion.
ITEM 5: DISCUSSION RELATING TO AEP/PSO FRANCHISE AGREEMENT RENEWAL AND ELECTION
John Feary presented the item and discussion was held. It was further explained that a resolution
calling an election for March 3, 2015 and an Ordinance establishing the renewal agreement, if
approved by voters, would be placed on the December 16, 2014 City Council Agenda for
consideration and action.
ITEM 6: DISCUSSION RELATING TO PROPOSED CITY AMENDMENTS AND ELECTION
Julie Lombardi presented the item and discussion was held. It was further explained that a
resolution calling an election for March 3, 2015 would be placed on the December 16, 2015
Council agenda for consideration and action.
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ITEM 7: DISCUSSION RELATING TO CITY MANAGER ITEMS
½ Penny Sales Tax Proposition
Budget Amendment for Denton back pay
Monthly Sales Tax Report
City Manager Report
Warren Lehr provided an update on community discussions related to the proposal to seek voter
approval to increase the sales tax rate by ½ percent and restrict the use of the funds for Police,
Fire, and Streets.
Mr. Lehr explained that a budget amendment is needed in the police services budget regarding
the back pay to Michael Denton following a court order to reinstatement employment and that
staff anticipates the proposed action in January or February 2015.
Linda Jones presented the monthly sales tax report and discussion was held.
Under the City Manager Report, Mr. Lehr announced the Annual Christmas Parade would be
held Saturday, December 13, 2015 at 9:00am. He also provided members of the City Council
with the final copy of the adopted GrOwasso Land Use Masterplan.
ITEM 8: CITY COUNCIL/TRUSTEE COMMENTS AND INQUIRIES
Mayor Moberly reported on recent action taken by the INCOG Board of Directors to approve an
amendment to the Oklahoma Department of Transportation Project Improvement list to include
the signalization of the HWY 20 and N 140 East Avenue intersection. The Mayor also advised
th
that an item would be placed on the December 16, 2014 agenda for consideration and action
relating to a nomination of Shea Boschee to the Tulsa County Criminal Justice Authority Sales Tax
Overview Committee.
ITEM 9: ADJOURNMENT
The meeting adjourned at 7:35 pm.
___________________________________________
Jeri Moberly, Mayor/Chair
_____________________________________
Juliann M. Stevens, Minute Clerk
The Honorable Mayor and City Council
TO:
City of Owasso
Juliann M. Stevens
FROM:
Deputy City Clerk
Resolution2014-17-City Council Election
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
Pursuant to the provisions of the Owasso CityCharter governing the election of City Council
members, “the Council shall take action by Resolution to call any necessary Ward Elections.”In
2015, such election is required for Wards1and 2, each for athree-year term.
The staff has prepared aResolution whichcalls for an election to be conducted for City Council
Wards1and 2. In addition, the proposed resolution identifies the process to be followed in order
to meet all legal requirements and allows for proper notification to the Tulsa County andRogers
County Election Boards.
The filing period for interested candidates will be February 2,3, and 4, 2015.All candidates must
file a Declaration of Candidacy form with the Tulsa County Election Board between the hours of
8:00 AM and 5:00 PM on anyof these dates. Only qualified electors who reside within the ward
shall be qualified to hold the office of City Council Member for that ward.
The primary election is set by the City Charter and will be held on March 3, 2015. All registered
voters residing within the city limits of the City of Owasso may vote in the election. Should one of
the candidates not receive the majority of all votes cast for the particular ward, a general
election will be held. The general election, if necessary, will be held on April 7, 2015.
RECOMMENDATION:
Staff recommends approval of Resolution No. 2014-17.
ATTACHMENT:
Resolution No. 2014-17
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2014-17
NOTICE OF ELECTIONSAND CERTIFICATION
a Primary Election shall be held on the 3day of March, 2015for the purpose of
WHEREAS,
rd
electing Owasso City Council Members, for the wardsand termsas follows:
WARD NO.TERM
13 years
23 years
a General Election, if necessary, shall thereafter be held on April 7, 2015to elect
WHEREAS,
said Council Members.
NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA:
1.That a non-partisan Primary Election for City Council Members, as set out, be held on
March 3, 2015.
2.That the General Election thereafter, if necessary, be held on April 7, 2015.
3.Only qualified electors of the City of Owasso who reside in the respective ward shall be
qualified to hold the office of Council Member.
that the City Council of the City of Owasso,Oklahoma hereby
BE IT FURTHER RESOLVED
certifies to the Tulsa County Election Board that Tulsa County precincts #750, 751, 752, 753, 754,
755, 756, 757, 758, 759, 760 and Rogers County precincts #31 and 130 are to be opened; and
Tulsa County precinct #21 and Rogers County precincts #6, 21, 29, and 30 are to remain closed
as there are no residents of Owasso in those precincts.
The filing period is from February 2, 2015through February 4, 2015for the Primary Election.
day of December 2014by the City Council of the City of
PASSED AND APPROVED this 16
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Owasso, Oklahoma.
________________________________________
Jeri Moberly, Mayor
ATTEST:
______________________________________
Sherry Bishop, City Clerk
APPROVED TO FORM:
______________________________________
Julie Lombardi, City Attorney
The Honorable Mayor and City Council
TO:
City of Owasso
Jerry Fowler
FROM:
Neighborhood Coordinator
Devon GAC Award Winner
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
On November 20, 2014, the Owasso Strong Neighborhood Initiative-Owasso CARES was
presented the 2014 Devon Great American Clean-up (GAC) Achievement Award at the 24
th
Annual Keep Oklahoma Beautiful Environmental Excellence Celebration. Along with this award,
Devon presented a check in the amount of $1,000.
The purpose of the award is to provide additional funding to support the efforts of OSNI-Owasso
CARES for tools and supplies to be used with OSNI-Owasso CARES Day of Service, which occurs
during the Great American Clean-up.
Donation:
There is no match requirement for this award.
RECOMMENDATION:
Staff recommends City Council acceptance of the Devon GAC Achievement Award and
approval of a budget amendment in the Hotel Tax Fund-Strong Neighborhoods increasing the
estimated revenues and increasing the appropriation for expenditures by $1,000.
The Honorable Mayor and City Council
TO:
City of Owasso
Jason Woodruff
FROM:
Deputy Chief of Police
Acceptance of Justice Assistance Grant
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
In November 2014, the Owasso Police Department was awarded a grant in the amount
of $8980 by the Department of Justice (DOJ)
Council for the purchase of ten body worn video cameras. The police department
currently utilizes body worn cameras and the additional cameras will supplement those
already in use. There is no matching fund requirement to receive this grant.
RECOMMENDATION:
Staff recommends City Council acceptance of the Justice Assistance Grant and
approval of a budget amendment in the General Fund increasing estimated revenue by
$8980 and increasing the appropriation for expenditures in the Police Services budget by
$8980. Further, staff recommends that the City Manager be authorized to enter into
contract with the to administer the receipt of the
grant funds.
The Honorable Mayor and City Council
TO:
City of Owasso
Daniel Dearing
FROM:
Sr. Civil Engineer
Acceptance of Urban Engineering Agreement
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
On May 17, 2005,the
Engineering Design Criteria, Construction Standards and Standard Details
for any and all developments, projects, and infrastructure improvements within the City of
Owasso were adopted by the City Council. Documents required as a result of that adoption
include two different agreements, one which must be submitted by the developer and one
which must be submitted by the developer’s engineer. The agreements are as follows:
ENGINEER AGREEMENT:
The agreement required to be submitted by the developer’s engineer is titled “Agreement for
Urban Engineering Services” (Section 0114.1(B). This agreement requires the engineer to list all
improvements associated with the proposed development, attest that all designs will be in
compliance with City standards (outlined in the design criteria), pay all fees associated with the
plan review, attest that he/she is a Registered Professional Engineer in the State of Oklahoma,
and attest that he/she maintains Professional Liability Insurance in limits directly correlated to the
cost of the project specified in the attached agreement. The liability insurance to project cost
ratio schedule is as follows:
Project CostProfessional Liability Insurance
Less than $500,000$250,000
$500,000 -$1,000,000$500,000
Greater than $1,000,000$1,000,000
DEVELOPER AGREEMENT:
The agreement required to be submitted by the developer is titled “Agreement Guaranteeing
Installation of Improvements” (Section 0114.1(C). This agreement requires the developer to
submit engineering drawings for the proposed improvements, provide oversight of his/her
construction contractor to assure compliance with the approved plans, and submit “as-built”
drawings upon completion of the construction of improvements.
The Mayor’s signature is required on the “Agreement for Urban Engineering Services” (Engineer
Agreement), and therefore Council approval is needed.
RECOMMENDATION:
Staff recommends authorizationfor the Mayor to execute the following “Agreement for Urban
Engineering Services” (Engineers Agreement):
Cowan Group Engineering, LLC, for Grading, Drainage, Paving, Water, Sanitary,
Stormwater and Retaining Wall Structure Improvements for Amber Crossing Retail Center
ATTACHMENT:
“Agreement for Urban Engineering Services”–Cowan Group Engineering, LLC,for Grading,
Drainage, Paving, Water, Sanitary, Stormwater and Retaining Wall Structure Improvements for
Amber Crossing Retail Center
CITY OF OWASSO
URBAN ENGINEERING SERVICES AGREEMENT
AMBER CROSSING RETAIL CENTER
OCTOBER 6, 2014
The Honorable Mayor and City Council
TO:
City of Owasso
Earl Farris
FROM:
Project Administrator
Acceptanceof WaterInfrastructureImprovementsat Ash Grove Cement
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
Avenue.Public infrastructure
The subject commercial development is located at 401 W 2
nd
includes construction of a new 12” water line, 3 valves andafire hydrant.
FINAL INSPECTIONS:
Final inspections for theinfrastructurecomponentwerecompleted inNovember2014by the
Public Works Department.All standards for acceptance have been met.Additionally, the
construction contractorand design engineer have supplied the necessarytwo-year
maintenance bondand required as-built drawings.
RECOMMENDATION:
Staff recommends acceptance of water infrastructureimprovements at Ash Grove Cement
terminal.
ATTACHMENTS:
Location Map
City Attorney bond approval letter & copy of bonds
The Honorable Mayor and City Council
TO:
City of Owasso
Nathan Singleterry
FROM:
Desktop Support Technician
Surplus Vehicles and Authorize Auction
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
The City of Owasso declares items surplus that have reached their end of life or are no longer
useful, an estimated worth for the individual items is submitted to the City Council along with the
list for approval.
For several years the City has utilized auction sites, such as e-Bay, to auction surplus vehicles and
equipment. E-
E-Bay as a tool to obtain the highest resale or salvageable price for items they can no longer
utilize.
Prior to utilizing online auctions, city staff would collect surplus items, then conduct an onsite
auction. This process took significant time and required many staff resources with very little
return. The onsite auctions were typically not well attended and items were sold for far less than
the City has received via online auctions sites.
HOW IT WORKS:
The following is the step-by-step process followed by the City of Owasso:
Council declares vehicles (or other items) surplus;
Staff takes digital pictures and writes descriptions for each item to be auctioned on
e-Bay;
Staff determines length of auction;
Staff includes acceptable methods of payment;
Staff determines whether items can be shipped or would need to be picked up by
the purchaser/buyer. Most often, items are picked up at the City;
The auction is
At the close of the auction, e-Bay notifies the designated staff member of the highest
bidder and provides their e-mail address;
Staff notifies highest bidder. Arrangements are made for shipping or pick-up of item
once payment is received.
FEES:
There are fees to sell on most auction sites. For some sites there may be a set fee, and for others
there may be a percentage of the total sale price. Staff evaluates the items to be sold to
determine the best online option for auctioning.
ITEMS RECOMMENDING BE DECLARED SURPLUS:
The following vehicles have been deemed by the respective Department Directors as no longer
needed to remain in service due to age and/or condition and are being recommended to be
declared surplus by the City Council:
1986 Chevrolet S10 Public Works
1995 Ford F250 Public Works
1998 Chevrolet 2500 Public Works
1999 Dodge 1500 Public Works
2003 Freightliner FL60 Public Works
1997 Ford Crown Victoria Parks
Typically, when the City of Owasso declares an item surplus, an approximate worth for the
individual items are submitted along with the list for approval. Staff has reviewed the Finance
possible) to determine a minimum value for each item. The following is the estimated value for
each of the vehicles:
1986 Chevrolet S10 Public Works - $300-$500
1995 Ford F250 Public Works - $850-$1000
1998 Chevrolet 2500 Public Works - $Unknown, Vehicle Totaled
1999 Dodge 1500 Public Works - $325-$975
2003 Freightliner FL60 Public Works - $2000-$3000
1997 Ford Crown Victoria Parks - $600
These vehicles have been replaced or are no longer needed and no longer have value to our
organization. Also note that many of these surplus items have been sitting outside in storage
and are continuing to depreciate, further losing value to the City of Owasso.
POLICE DEPARMENT SEIZED VEHICLES
In accordance with Oklahoma State Statute 63 OS 2-501, property connected to the sale of
illegal drugs may be seized by the police and subject to forfeiture proceedings by the District
Attorney. Upon successful forfeiture by the court, the property, such as a vehicle, may be issued
to the seizing law enforcement agency with the requirement that any future proceeds from the
for use in drug enforcement efforts within the community.
The Owasso Police Department has received several vehicles over the years through this
forfeiture process. Seven (7) of these vehicles are currently unserviceable and therefore of no
use to the Owasso Police Department. In order to properly dispose of these vehicles, City
Council approval is required both for the sale of the property and the deposit of the proceeds
RECOMMENDATION:
Staff recommends City Council declare the following vehicles as surplus to the needs of the City
of Owasso and approve their disposal via online auction.
1986 Chevrolet S10 Public Works
1995 Ford F250 Public Works
1998 Chevrolet 2500 Public Works
1999 Dodge 1500 Public Works
2003 Freightliner FL60 Public Works
1997 Ford Crown Victoria Parks
Staff further recommends Council approve the sale of the following vehicles with the subsequent
proceeds deposited in the Tulsa County Revolving Drug Fund in accordance with Title 63 OS 2-
501:
1990 GMC Pickup (VIN: 1GTDC14K5LZ516090) Case CJ-99-3857
1980 Oldsmobile Cutlass (VIN: 3M47FAR434434) Case CJ-99-2566
1990 Chrysler New Yorker (VIN: 1C3XC66R6LD716109) Case CJ-99-4998
1997 Ford Pickup (VIN: 1FTDX1728VKC51354) Case CJ-07-0183
1994 Jeep (VIN: 1J4GZ58S2RC355698) Case CJ-09-3408
1994 Oldsmobile (VIN: 1G3WH55M5RD317273) Case CJ-09-4423
2005 Pontiac (VIN: 1G2NE52E85M134627) Case CJ-12-0089
The Honorable Mayor and City Council
TO:
City of Owasso
Bronce L. Stephenson
FROM:
Director of Community Development
St N
Annexation(OA-14-03)& Rezoning(OZ-14-07)–9909 E 106
SUBJECT:
th
December 12, 2014
DATE:
BACKGROUND:
The Community Development Department received a request for annexationand rezoningfor
St N, approximately ¼ mile east of Mingo Road on the north side
property located at 9909 E 106
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St N. The property is approximately 28 acres in size.
of E 106
th
DirectionZoningUseLand Use PlanJurisdiction
AG City of
NorthSports ParkPark
(Agriculture)Owasso
PUD 06-04
City of
SouthAmdendedUndevelopedTransitional
Owasso
(RM, CS)
City of
PUD 19
EastSports ParkPark
(OM, RD, RS-3)Owasso
RM City of
WestUndevelopedTransitional
(Multi-family)Owasso
SUBJECT PROPERTY/PROJECT DATA:
28 acres
Property Size
AG (Tulsa County)
Current Zoning
Residential Single Family
Proposed Use
N/A
Lots/Blocks
N/A
Number of ReserveAreas
N/A
Within PUD?
N/A
Within Overlay District?
City of Owasso
Water Provider
Storm siren fee of $35/acre;
Meadowcrest Sewer Relief
Applicable Paybacks
Area of $867/acre
N/A
Streets (public or private)
ANNEXATION AND REZONING REQUEST:
The applicant is requesting RS-3 (Residential Single Family) zoning be applied to the property as
part of the annexation, which can be done if the proposed zoning conforms to the land use
master plan. In this case, the Land Use Master Plan calls for commercial and transitional uses in
this location so applying RS-3 zoning to the property is appropriate, as this is a lesser use than it
would be allowed by the Land Use Master Plan. The City can serve the property with police, fire,
EMS and utilities.
PLANNING COMMISSION:
The Owasso Planning Commission reviewedthis item at their regular meeting on December 8,
2014, unanimously recommending approval to the City Council.
RECOMMENDATION:
Staff recommends approval of annexationcase (OA-14-03) and rezoning case (OZ-14-07).
ATTACHMENTS:
Area Map
Aerial Map
The Honorable Mayor andCity Council
TO:
Karl Fritschen
FROM:
Chief Urban and Long Range Planner
Planned Unit Development, OPUD-14-03
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
The City of Owasso received a Planned Unit Development (PUD) application for review and
approval of a development called Tyann Storage, Planned Unit Development OPUD-14-03. The
subject property is located just behind the Southern Agriculture Building on the east US-169
service road and is identified as Lot 1, Block1,Tyann Plaza X. The subject property is zoned
Commercial General (CG) according to the Tulsa County Assessors records and Ordinance
#498. The PUD would act as an overlay to the underlying zoning on the property and the
proposed development would be required to adhere to the conditions outlined in the PUD. The
applicant proposes to develop the property with a mini-storage facility.
SURROUNDING ZONING:
DirectionZoningUseLand Use PlanJurisdiction
City of
NorthCGFitness GymCommercial
Owasso
Hotel and City of
SouthOMCommercial
Detention PondOwasso
City of
EastRS-3SchoolResidential
Owasso
WestCGRetail StoreCommercialTulsa County
SUBJECT PROPERTY/PROJECT DATA:
1.5 acres
Property Size
CG –Commercial General
Current Zoning
Mini-Storage
ProposedUse
1 lot on 1 block
Lots/Blocks
N/A
Number of ReserveAreas
US-169
Within Overlay District?
City of Owasso
Water Provider
Storm siren fee of $35/acre
Applicable Paybacks
Private
Streets (public or private)
CONCEPT AND USE OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control and where a
detailed development plan, outlining the development of the tract as a unit, is proposed and
submitted for public review. The use of a PUD technique is a way to amend the zoning
designation in accordance with a complete and coordinated plan of development for a larger
parcel, rather than piecemeal individual changes using the variance process.
A PUD, which is essentially negotiated zoning, may be submitted for any parcel of land located
within any general zoning district or combination of general zoning districts within the Owasso
City Limits. In all cases, the PUD will be reviewed as to the proposed location and character of
the uses and the unified treatment of the development of the tract. The regulations of the
general zoning district or districts remain applicable except as specifically modified pursuant to
the provisions of this chapter.
ANALYSIS:
The applicant has submitted a PUD application for a commercial mini-storage project. Although
the property is zoned asCG, which allows mini-storage facilities with a special exception, the US-
169 Overlay prohibits mini-storage uses. The subject property is located behind several existing
commercial businesses and is somewhat hidden from view. This characteristic makes
commercial uses less viable for this property, as commercial uses typically require highervisibility
than this site provides. Considering this,the proposed use seems appropriate and the applicant
has submitted a PUD for the project.
There is a private road that bisects the property. On the east side of the road will be a building
containing unconditioned storage units and on the west side of the road will be a building
containing the conditioned units, which includes a small office space. The PUD indicates that
the maximum height for all structures shall not exceed 30 feet and all proposed setbacks meet
or exceed CG standards. The PUD proposes enhanced landscaping and attractive masonry
architecture for the front facades of the buildings along the private road. A perimeter opaque
wood fence will be constructed along the north, east, andsouth boundaries of the area
containing the unconditioned storage units (eastern project area). This will serve as an
additional buffer and screening from the properties to the east and south. The applicant has
provided exhibits of the proposed architecture and landscaping. Staff has reviewed these
exhibits in concert with the text in the PUD and believes they meet the intent of the US-169
Overlay.
If the PUD is approved, the applicant will provide final development plans for administrative
review andapproval by City staff and proceed with the platting process. PUD applications
presented to the Planning Commission and City Council are for approval of the zoning, the uses,
the overall plan as it relates to the immediate area, and the concept for the development.
Future planning issues must still be considered if the PUD is approved. If approved, the applicant
will be required to adhere to all City of Owasso subdivision regulations and engineering
requirements.
City staff published legal notice of the PUD request in the Owasso Reporter and mailed notices
to property owners within a 300’ radius of the subject property.
COMPREHENSIVE PLAN CONSISTENCY:
The Owasso 2030 Land Use Master Plan identifies the subject property and its surroundings as
having a future land use of commercial, so this proposal conforms to the 2030 Land Use Master
Plan.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
This proposal appears to be consistent with the current and expected development of the area.
The US-169 Overlay district was created to promote higher quality architecture, enhanced
landscaping, and to discourage uses that may detract from the positive image that the corridor
is intended to promote. Given this, mini-storage and similar facilities were prohibited in the
overlay district. However, in this case, given the location of this property and the fact it is not
highly visible, staff can support the proposal with additional protections offered in the PUD. In
actuality, the use will serve as an effective transition from higher intensity commercial uses tothe
school and residential areas farther to the east. A detention facility is also located to the
southeast of the property, which adds additional buffer area. Since this is a commercial PUD,
there are no amenity requirements.
PUBLIC HEARING:
In accordance with the Owasso Zoning Code, the Planning Commission and City Council shall
hold a public hearing on any PUD application andmake the following determinations:
1.Whether the PUD is consistent with the Comprehensive Plan.
2.Whether the PUD is in harmony with the existing and expected development of surrounding
areas.
3.Whether the PUD is a unified treatment of the development possibilities of the project site.
4.Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance.
a.To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
b.To permit flexibility within the development to best utilize the unique physical
features of the particular site;
c.To provide and preserve meaningful open space; and
d.To achieve a continuity of function and design within the development.
Overall, this project has been adequately designed to meet the challenges associated with the
property. During the early stages, staff provided the applicant with feedback as to what would
make this project viable and how to minimize the impacts of developing this particular piece of
property. The applicants have responded with a quality plan that responds to what staff had
requested.
PLANNING COMMISSION:
The Owasso Planning Commission reviewedthis item at their regular meeting on December 8,
2014, voting unanimously to recommend approval to the City Council subject to the following
conditions.
Addressing all TAC comments
Reducing the sign height from 30 feet to 10 feet
Construction of a sidewalk on the east side of the road
RECOMMENDATION:
Staff recommends approval of PUD-14-03as per Planning Commission conditions.
ATTACHMENTS:
Area Map
Aerial Map
Land Use Plan Map
Outlined Development Plan
The Honorable Mayor and City Council
TO:
City of Owasso
H. Dwayne Henderson, P.E.
FROM:
City Engineer
Garnett Road Widening Project
SUBJECT:
Engineering Services Amendment
December 12, 2014
DATE:
BACKGROUND:
StNtoE106St Nis currently the heaviest traveled two-lane roadway
Garnett Road from E96
thth
segment in Owasso. The road, once on the highway system, accommodates heavy residential
traffic, commercial uses,and hospital traffic.For these reasons, the Owasso Capital
Improvements Committee listed the widening of GarnettfromE96St Nto E106St Nas one of
thth
the highest prioritiesamong potentialcapital improvementsprojects.
Dewberry Engineers, Inc. washired for $345,600to design theGarnettimprovements. They have
been working diligently toward getting the project designed concurrently with the preparation
of the EnvironmentalDocument. A couple of design additions have been added beyond the
original Scope of Work and staffis submittingthese additional services forCouncil approval.
ADDITIONAL SERVICES
Two items that need to be addressed have been added to the project design.First isdesign of
offsite drainageto resolve anissue caused by the original development of Sawgrass Subdivision.
The secondis an extension of the new bridge box crossing under Garnett that drains east to west
onto the Bailey Medical Campus property.
The Sawgrass drainage issue was caused by inadequately sized storm drainage running to
Garnett when theSawgrass subdivision was being constructed. During heavy rains, water backs
up into the subdivision and into a resident’s garage(see Attachment).The drainage under
Garnett would be upgraded with this project to assure that this does notreoccur. The line
segment going into Sawgrass needsto be upgraded to handle actual flows. The additional cost
for the construction would be included in the ODOT funding. Additional cost for surveys and
design would be the responsibility of the City of Owasso. The proposed design cost increase is
$4,700.
The Bailey Medical Center includes several future medical buildings in the Planned Unit
Development (PUD). A commercial area is proposed at the northeast corner of the property.
Driveways and access roads willcross the same creek that the bridge box is going to drain. The
bridge box has increased from a 4’x6’ box to a triple–cell 10’x6’box.Because theend
treatment would be difficult to extend at a later date,the Larkin Bailey Trust has requestedthat
the box be extended to the west of their proposed road. This extension would keep the box from
being damaged when future development occurs. The additional cost for the construction
would be included in the ODOT funding. Additional cost for surveys and design would be the
responsibility of the City of Owasso. The proposed design cost increase is $3,500.
Thetotal increase of the proposed design amendment is$8,200.
FUNDING:
Funding for this project is included in the Capital Improvements Fund.
RECOMMENDATION:
Staff recommends approval of anamendmentto the contract with Dewberry Engineers, Inc. for
design of the Garnett Road Widening Project in the amount of $8,200 and authorization to
execute the amendment.
ATTACHMENTS:
A.Location Map
B.Proposal Letter
The Honorable Mayor and City Council
TO:
City of Owasso
John W. Feary
FROM:
Government Affairs
Franchise AgreementOrdinance No. 1043 and
SUBJECT:
Resolution No. 2014-18 Calling a Special Election for a Franchise Agreement
December 12, 2014
DATE:
BACKGROUND:
An existing 25-year franchise agreement with Public Service Company of Oklahoma (AEP/PSO)
and the City of Owasso is set to expire in 2015.Franchise agreements establish a range of terms
and conditions which allow utility companies to provide services to a specific area while
defining the responsibilitiesofthe provider to the citizens of a community and the access and
permissions the community concedes to the provider. Other provisions in the franchise
agreement pertain to the duration of the agreement as well as the fees paid to the community.
Fees are based on a percentage of gross monthly receipts to the provider from customersit
serves.
Under the existing agreement with AEP/PSO,Owasso receives a 2% franchise fee.In FY2014-15,
the aforementioned 2% is projected to generate $386,400. Other considerations in the
agreement state that the provider will complywith state and federal regulatory agencies;will be
allowedto generate, transmit,and sellelectricity;and will be allowed tocharge and collecta
rate or rates in compliance with the Oklahoma Corporation Commission or other regularly
constituted regulatory authority. Furthermore,the agreementprovides for the delivery of
electricity for the lighting of public streets and the pumping of water necessary for municipal
water and sewer systems.The expiring agreement was approved by the citizens of Owasso in
February 1990 and the agreement previous to that was approved in February 1966.
PROPOSED CHANGES:
During the process of negotiating a new franchise agreement with AEP/PSO, city staff is
presenting some minor changes in the terms to be considered by the City Council and Owasso
citizens. One of the negotiating points in this agreement is the term, or number of years, the
franchise would be in effect.Historically the term of these agreements hasbeen 25 years.
Originally staff presented to the Council a proposal of 15 years. Staff has also inserted language
regarding the timing of utility relocates concerning capital improvement projects.It should be
noted that these agreements are non-exclusive and do not prohibit other electricity providers or
the City of Owasso itself from operating as an electricity provider.
Another pertinent consideration is,regardless of the term of the agreement approved by the
voters, the City Council, at any time during the duration of the agreement, may call an election
of the qualified voters to terminate the previously approved franchise agreement. It is staff’s
opinion based on research, sentiment expressed by members of the council, city staff and
members of PSO’s team, that Owasso should have a mechanism(s) in place for the
reconsideration and/or termination of such franchise agreements in order to ensure
accountability to Owasso citizens.
It is the position of staff that those mechanisms are in place through statutory provisions and that
these existing statutory provisions provide not only the accountability citizens demand, but
eliminate potential risk and liabilities to Owasso if and when an instance arises wherein the
termination or amendment of an existing franchise agreement may be considered.It is
therefore staff’s recommendationthat the new franchise agreement contain language specific
to the same 2% franchise fee that has been collected, andthat the agreement term consist of
25 years with full confidence that any effort to alter or terminate the agreement is allowable by
statutory provision.
The next significant proposed change addresses utility relocation and new installations as
Owasso continues to grow both geographically and in population. Thesegrowth patterns will
dictate new roadway infrastructure as wellasimprovements to existing infrastructure.The terms
of the new franchise agreement outline timing and installation parameters affiliated with such
projects. In the case of new utility service areas and utility relocations required for capital
improvement projects,the Grantee, upon final approval of a utility install/relocate plan by the
City of Owasso or its Engineer(s) of record, shall have ninety (90) days to mobilize to the site and
commence construction, unless otherwise agreed to by the City of Owasso.
ELECTION:
The March 3, 2015 municipal election date for Owasso City Council Wards #1 and #2 is an
opportunity to ask the voters for approval of a new franchise agreementwith AEP/PSO.Per the
Oklahoma Constitution, Article 18 section 5(a) –Grant extension or renewal –Approval by voters
–Term:
No municipal corporation shall ever grant, extend, or renew a franchise, without
the approval of a majority of the qualified electors residing within its corporate
limits, who shall vote thereon at a general or special election; and the legislative
body of any such corporation may submit any such matter for approval or
disapproval to such electors at any general municipal election, or call a special
election for such purpose at any time upon thirty days' notice; and no franchise
shall be granted, extended, or renewed for a longer term than twenty-five years.
AEP/PSO has agreed to pay fifty (50) percent ofelection related expenses the City of Owasso
will bear for the cost of the March 3, 2015 election.
RECOMMENDATION:
Staff recommends approval ofOrdinanceNo.1043,establishing the new franchise agreement
with Public Service Co. of Oklahoma.
calling an election on March 3,
Staff further recommends approval ofResolutionNo. 2014-18,
2015 for the purpose of submitting to the voters a non-exclusive electrical franchise to Public
Service Company of Oklahoma; and other provisions related thereto.
ATTACHMENTS:
OrdinanceNo. 1043
ResolutionNo. 2014-18
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1043
AN ORDINANCE GRANTING TO PUBLIC SERVICE COMPANY OF OKLAHOMA, AN
OKLAHOMA CORPORATION, ITS SUCCESSORS ANDASSIGNS, A NON-
EXCLUSIVE FRANCHISE FOR TWENTY-FIVE (25) YEARS TO USE THE STREETS,
ALLEYS, AVENUES, WAYS, AND OTHER PUBLIC PLACES AND GROUNDS IN THE
CITYOFOWASSO,TULSACOUNTYAND IN THE CITY OF OWASSO, ROGERS
COUNTYOKLAHOMA, FOR BUILDING, EQUIPPING, MAINTAINING, EXTENDING,
OWNING, AND OPERATING A SYSTEM FOR THE MANUFACTURE, TRANSMISSION,
DISTRIBUTION, SALE, AND CONTROL OF ELECTRICITYAND COMMUNICATION
CIRCUITSFOR ITSELF AND OTHERS IN AND TO THE CITYAND THE PUBLIC
GENERALLY; PROVIDING FOR ASSIGNMENT; GRANTING RIGHT TO OPERATE
BUSINESS WITH REASONABLE RULES; WHEREBY PUBLIC SERVICE COMPANY OF
OKLAHOMA AGREES TO MAINTAIN ELECTRIC SERVICE PURSUANT TO
OKLAHOMA CORPORATION COMMISSION REGULATION AND AGREES TO
INDEMNIFY THECITYIN CERTAIN SITUATIONS; WHEREBY PUBLIC SERVICE
COMPANY OF OKLAHOMA IS GIVEN A CONTINUING RIGHT TO OPERATE WITHIN
THE CITY’SLIMITS AND IS AUTHORIZED TO ALLOW THOSE PROPERLY PERMITTED
TO ATTACH FACILITIES TO ITS POLES; WHEREBY PUBLIC SERVICE COMPANY OF
OKLAHOMA AGREES TO CHARGE LEGAL RATES FOR SUCH SERVICE; IF POSSIBLE
TO SELL AND DELIVER TO THE CITYALL ELECTRICITY AND SERVICES REQUESTED
BY IT; PROVIDING FOR PAYMENT TO THE CITYBY PUBLIC SERVICE COMPANY OF
OKLAHOMA OF A MONTHLY FEE ON GROSS RECEIPTS FROM DELIVERYAND, IF
APPLICABLE, THE SALE OF ELECTRICITY;CALLING FOR AN ELECTION AND
PROVIDING FOR ACCEPTANCE; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCILOF THE CITYOFOWASSO, OKLAHOMA:
That there is hereby granted by the City of Owasso, a municipal
SECTION 1.
corporation of the State of Oklahoma, located in Tulsaand RogersCounty (hereinafter
referred to as "Grantor"), unto Public Service Company of Oklahoma, an Oklahoma
corporation, its successors and assigns, (hereinafter referred to as "Grantee"), the right,
power, and authority to use the streets, alleys, avenues, ways, and other public places
and grounds of Grantor as now constituted and as it may be hereafter extended or
created, for the purpose of building, equipping, maintaining, extending, owning, and
operating any plants, systems, and appurtenant facilitiesfor the manufacture,
transmission, distribution, sale, and control of electricity for lighting, heating, and power
purposes, as well as for such other purposes as electric energy may be put, in and to said
Grantorand to the public generally, and to transmit electric energyand communicate
and distribute information (audio, video anddata)foritself or others over distribution and
transmission lines throughout the Cityto the ultimatecustomer and to connections and
systems in other localities, with poles, wires, conduits, substations, meters, appliances, and
apparatus necessary and convenient for such plant and system upon, across, over, and
under each and any of said streets, alleys, avenues, ways, and other public places and
grounds.
1
All rights and privileges granted by this Ordinance shall extend and be
SECTION 2.
in force between Grantor and Grantee for a term of twenty-five (25) years from and after
the acceptance of this Ordinance, as hereinafter provided.
All provisions of this Ordinance which are obligatory upon or which
SECTION 3.
inure to the benefit of the Grantee shall alsobe obligatory upon and shall inure to the
benefit of its successors and assigns, and the word "Grantee", as used in this Ordinance,
shall include and be taken to mean not only Public Service Company of Oklahoma, but
also its successors and assigns for which assignment consent is hereby given whether the
assignment is for the whole or only a partial assignment. Subject to the provisions of this
subsection Grantee may assign all or a portion of its rights and/or obligations under the
provisions of this Ordinance and franchise.
Grantee shall have the right to make and enforce reasonable rules
SECTION 4.
and regulations for the sale, delivery, control, and metering of its electric energy and the
conduct of its business, and may reserve in such rules and regulations the right to
disconnect service to customers where Grantee's meters, wires, switches, appliances, or
apparatus are found to have been tampered with, or who have failed to pay for
electricity or services, and to enter upon the premises of its customers at all reasonable
times,or at any hour if for the sole purpose of restoring service,for the purpose of
inspecting, repairing, or reading meters or for removing wires, meters, switches, and
appliancesand perform other activities necessary to provide and maintain electric
service.Provided that such rules and regulations shall not be in conflict with law or the
rules and regulations from time to time made by the Corporation Commission of the State
of Oklahoma or by other regularly constituted regulatory authority having jurisdiction over
Grantee.
Grantor hereby grants to Grantee permission to cut, trim, treat and dispose of trees
and other vegetation upon and overhanging the streets, alleys, avenues,ways, sidewalks,
and other public places of the Cityin the vicinity of Grantee’s electric facilities where such
trees and other vegetation, in Grantee’s reasonable opinion, constitute a hazard to
Grantee’s personnel or facilities, or the provision of continuous electric service.
Grantee covenants and agrees in consideration hereof that it will
SECTION 5.
maintain electric distribution service in and to Grantor, unless excused by statute, under
the rules and orders imposed upon it by the Corporation Commission of the State of
Oklahoma or by other regularly constituted regulatory authority having jurisdiction over
Grantee. But in accepting this franchise and contract, Grantee does not guarantee
continuous service at all times and shall be relieved temporarily from its obligation to
furnish such services continuously in case of any disability caused by act of God or by the
elements, or terrorism, or strikes, or lock-outs, or by any temporary breakdown or failure of
machinery, transmission, or distributionlines, appliances or apparatus, or by other causes
beyond thereasonablecontrol of Grantee; provided Grantee agreesin such cases to
exercise due diligence in the repair of such machinery, transmission, or distribution lines,
appliances and apparatus, and to resume operation of same without unnecessary delay.
Grantee covenants and agrees that it will indemnify and hold the Cityof Owasso
free and clear of any claims for damages or otherwise to the extent caused by the
negligence of Grantee in the construction or operation carried on hereunder. But it is
2
understood and agreed that in the event of claims being presented or prosecuted
against said Citythe Grantee shall have the right to defend against the same and to
settle and discharge same in such manner as it may see fit. To this end the Grantor agrees
to notify Grantee of such claims and to furnish to it such information and assistance,as
may be necessary,in the defense thereof.
In performing the terms and provisions of this Ordinance, franchise,
SECTION 6.
and contract, Grantee is hereby given the continuing right, privilege, and option to
manufacture electric energy within the corporate limits of Grantor, and to transmit electric
energy over transmission lines from other plants and to distribute same from some central
location at proper voltage; together with the right to transmit electric energy from and
through said Cityto other localities for itself or others. Grantee is hereby authorized to
allow others, having a permitted right granted by Grantor, or as may otherwise be
authorized or required by applicable law, to attach telecommunications and cable
facilities to its poles and structures on such conditions as it deems just and reasonable and
in compliance with applicable law.
During the life of this franchise and for and in consideration of the
SECTION 7.
acceptance hereof by Grantee, it is agreed that Grantee owned utilities requiring
relocation in streets, alleys, avenues, ways, and other public places and grounds of
Grantor as now constituted and as it may be hereafter extended or created, for the
purpose of Grantor’s capital improvements projects, shall commence within ninety (90)
calendar days of final approval of utility relocation plans by both Grantor & Grantee,
provided that Grantee is able to obtain any and all permits, approvals, clearances or
applications involving the relocation deemed necessary by any agencies or
governmental bodies, including without limiting the generality of the foregoing, all permits
and approvals required by the Oklahoma Corporation Commission (OCC) and the
Southwest Power Pool (SPP) for clearance to interrupt service on affected electric lines.
Grantor shall provide all reasonable assistance requested by Grantee to secure such
permits, approvals, clearances and applications. Notwithstanding anything to the
contrary contained in this Section 7, Grantee shall have no obligation to proceed with any
work until all permits, approvals, clearances and applications are obtained, and if such
permits, approvals, clearances and applications cannot reasonably be obtained, or are
subsequently withdrawn, the Grantee shall be under no obligation to perform (or
continue) the relocation.
During the life of this franchise and for and in consideration of the
SECTION 8.
acceptance hereof by Grantee, it is agreed that Grantee may charge and collect from
Grantor and its inhabitants a rate or rates, for its and/or the service of others which shall at
alltimes be compensatory and reasonable, and if regulated,subject to such rules and
orders as are in effect or that hereafter may be lawfully made by the Corporation
Commission of the State of Oklahoma, or by other regularly constituted regulatory
authorityhaving jurisdiction over Grantee.
During the life of this franchise, Grantee will, if possible and permitted
SECTION 9.
under applicable law, sell to Grantor all electric energy requested by it for municipal
purposes, including, but not limited to, water and wastewater treatment, water and storm
water pumping, and the lighting of its streets.
3
From and after the approval and acceptance of this Ordinance,
SECTION 10.
Grantee shall pay, and, in consideration of the granting of this franchise, agrees to pay to
Grantor, as a franchise fee, and as compensation for the rights and privileges enjoyed
hereunder, a sum equal to two percent (2%) of its gross receipts from the delivery and, if
applicable, the sale of electrical energy within the City, payable monthly with each such
payment to be made not later than the first business day of the secondmonth following
the month in which such receipts were received for the billing cycle for that month. For
example, payment for Aprilreceipts, for asubject year coveringa billing cycle from
March 29through April 27would be paid not later than June1. Saidfee shall be in lieu
ththst
of all concessions, excise, franchise, licenses, occupation, privilege, and permit fees, or
taxes, except assessments for special improvements and ad valorem taxes.
Grantor shall notify Grantee in writing of newly annexed and de-annexed areas.
The notice shall include the ordinance number authorizing the action, an appropriate
map identifying the areas and documentation of the notice to the State of Oklahoma
regarding the annexation or de-annexation. Grantee shall have no responsibility for
commencing franchise payments hereunder to Grantor in newly annexed areas until it
shall have received Grantor’s notification.Upon Grantor’snotification and starting the
ninety-first (91) day after receipt of such notice, Grantee will commence payments to
st
Grantor forthe gross receipts from delivery and, if applicable, the sale of electrical
energy in each newly annexed area, and will make any appropriate adjustments in
payments reflecting overpayments madein any prior month resulting from the inclusion of
gross receipts from delivery and, if applicable, the sale of electrical energyinde-annexed
areas. Payments for receipts in newly annexed areas and adjustments for overpayments
in de-annexed areas shall be made back to the effective date of the ordinance
authorizing the action.
Grantor agrees that the percentage paid to Grantor by Grantee, including any
revision thereof, shall in no event exceed the percentage rate used to calculate any fee
or tax paid to Grantor by any other person or entity if such fee or tax is based in any way
on the amount of revenuesfrom delivery or saleof electrical energy or both by such other
person or entity to ultimate customers within the City.
This Ordinance shall be in full force and effect from and after its
SECTION 11.
acceptance as hereinafter provided, upon its passage and approval by a vote of the
qualified electors residing within the City, who shall vote thereon at a special election
called under or pursuant to the provisions hereof; and if this Ordinance fails to be so
approved at said election, it shall be wholly void and of no effect. The Mayor of the Cityis
hereby authorized and instructed to call by a duly authorized resolution such election in
the manner and form provided by the laws of the State of Oklahoma for the calling of
special elections, giving such resolution, notice and ballot title therefore as provided by
law, for the purpose of submission to the qualified electors residing within the Citythe
proposition of approval or refusal of this Ordinance, and the non-exclusive franchise
contract hereby granted; and the proper officers of the Cityare hereby directed to do all
things that may be necessary for the holding of the election and for the submission of said
question, and shall, in all things, comply with the election laws of the State of Oklahoma.
4
It is understood and agreed that in the event said franchise isapproved at such
election,the Grantee shall within thirty (30) days after the result of such election is
declared,as provided by law, file with the Clerk of the Cityan acceptance in writing duly
executed according to law, accepting this Ordinance and franchise.
Upon the filing by Granteeof the acceptance of this Ordinance as
SECTION 12.
hereinabove provided, all rights, privileges, and obligations of any other ordinances and
franchises, or portions thereof, underwhich Grantee may now be exercising its privileges
touse the streets, alleys, avenues, ways, and other public places and grounds withinthe
incorporated limitsof Grantor,and all other ordinancesand parts of ordinances in conflict
herewith, shall be and thereafter remain cancelled, annulled, and repealed.
If any provision or clause of this Ordinance is held invalid for any
SECTION 13.
reason, such invalidity shall not affect other provisions or clauses of this Ordinance which
can be given effect without the invalid provision or clause, and to this end the provisions
and clauses of this Ordinance are declared to be severable.
Whereas an immediate necessity exists in order that the inhabitants
SECTION 14.
of Grantor may be provided an adequate supply of electricity for heating, lighting, and
power purposes and forthe purpose of providing light, heat, and power for the streets,
alleys, public grounds, parks, and other public places and institutions of Grantor, and for
the preservation of public health, peace, and safety, an emergency is hereby declared
to exist by reason whereof this Ordinance shall be in full force and effect from and after its
passage and approval at thespecial election, itspublicationand Grantee’s filing of its
acceptance thereof.
Approved, this 16day of December 2014.
th
______________________________
Jeri Moberly, Mayor
(SEAL)
ATTEST:
_________________________________
Sherry Bishop, CityClerk
APPROVED AS TO FORMAND LEGALITY:
________________________________
Julie Lombardi, City Attorney
5
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2014-18
A RESOLUTION OF THE CITY OF OWASSO,TULSACOUNTY, OKLAHOMA, CALLING
FOR A SPECIAL ELECTION TO BE HELD ON THE3rdDAY OFMARCH, 2015, FORTHE
PURPOSE OF SUBMITTING AN ORDINANCE FOR APPROVAL BY THE QUALIFIED
ELECTORS WHICH GRANTS TO PUBLIC SERVICE COMPANY OF OKLAHOMA, AN
OKLAHOMA CORPORATION, A NON-EXCLUSIVE FRANCHISE FOR TWENTY-FIVE(25)
YEARS TO BUILD, EQUIP, MAINTAIN, EXTEND, OWN AND OPERATE A SYSTEM FOR THE
MANUFACTURE, TRANSMISSION, DISTRIBUTION, SALE AND CONTROL OF
ELECTRICITY IN AND TO THE CITYAND THE PUBLIC GENERALLY, TO A VOTE OF THE
REGISTEREDVOTERS OF THE CITYFOR THEIR APPROVAL OR DISAPPROVAL;
SPECIFYING THE QUESTION TO BE VOTED UPON AT SUCH SPECIAL ELECTION AND
FURTHER DIRECTING THE DISTRIBUTION AND PUBLICATION OF THIS RESOLUTION.
Article 18, §5(a) of the Oklahoma Constitution provides that no grant of a
WHEREAS,
franchise by a municipal corporation shall be valid unless approved by a majority vote of
the qualified electors of such City; and
this City Council, by a vote onDecember 16, 2014, approved an
WHEREAS,
Ordinance calling for a special election to be set; and
the Ordinance, if approvedby the voters, would grant to Public Service
WHEREAS,
Company of Oklahoma, an Oklahoma Corporation, a non-exclusive franchise for twenty
five(25) years to build, equip, maintain, extend, own and operate a system for the
manufacture, transmission, distribution, sale and control of electricity and information
distribution in and to the Cityand the public generally; and
the Mayor of Owasso, Oklahoma, shall, upon the adoption of this
WHEREAS,
Resolution, proclaim a special election to submit the Ordinance for approval or disapproval
by the qualified electors of the City of Owasso; and
11 O.S. §16-101, requires that notice of a special election shall be given by
WHEREAS,
publishing the Resolution of the municipal governing body calling for the election at least
ten (10) days before thedate of the special election.
that the City Councilof Owasso, Oklahoma, as
NOW, THEREFORE, BE IT RESOLVED
required by the Constitution and statutes of Oklahoma, does hereby call a special election
for the purpose of submitting theOrdinance to the registeredvoters of Owassofor their
approval or disapproval, the Ordinance granting to Public Service Company of Oklahoma,
an Oklahoma Corporation, a non-exclusive franchise for twenty five(25) years to build,
equip, maintain, extend, own and operate a system for the manufacture,transmission,
distribution, sale and control of electricity and information distribution in and to the Cityand
the public generally.
that the Mayor and City Councilherebycall a special
AND, BE IT FURTHER RESOLVED
election on the 3rdday of March, 2015, to be administered by theTulsaCounty Election
Board.
SECTION 1:
The Proposed ballot language for the franchise agreement election shall read as follows:
PROPOSITION
An ordinance granting to Public Service Company of Oklahoma, an Oklahoma
corporation, its successors and assigns, a non-exclusive franchise for twenty-five(25)
years to use the streets, alleys, avenues, ways, and other public places and grounds in
the City of Owasso,TulsaCounty, Oklahoma, for building, equipping, maintaining,
extending, owning, and operating a system for the manufacture, transmission,
distribution, sale, and control of electricity and communication circuits for itself and
others in and to the City and the public generally; providing for assignment; granting
right to operate business with reasonable rules; whereby Public Service Company of
Oklahoma agrees to maintain electric service pursuant to Oklahoma Corporation
Commission regulation and agrees to indemnify the City in certain situations; whereby
Public Service Company of Oklahoma is given a continuing right to operate within the
City’s limits and is authorized to allow those properly permitted to attach facilities to its
poles; whereby Public Service Company of Oklahoma agrees to charge legal rates for
such service; if possible to sell and deliver to the City all electricity and services
requested by it; providing for payment to the City by Public Service Company of
Oklahoma of a monthly fee on gross receipts from delivery and, if applicable, the sale
of electricity; calling for an election and providing for acceptance; providing for repeal
of conflicting ordinances; providing for severability; and declaring an emergency.
Shall the proposed ordinance be approved?
______FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
That the City Councilof the City of Owasso hereby
AND, BE IT FURTHER RESOLVED
certifies to the Tulsa County Election Board that Tulsa County precincts #750, 751, 752, 753,
754, 755, 756, 757, 758, 759, 760 and Rogers County precincts #31 and 130 are to be
opened; and Tulsa County precinct #21 and RogersCounty precincts #6, 21, 29, and 30 are
to remain closed as there are no residents of Owasso in those precincts.
Approved this16day of December,2014.
th
______________________________________
Jeri Moberly,Mayor
(SEAL)
ATTEST:__________________________
Sherry Bishop,City Clerk
APPROVED AS TO FORM:______________________________
Julie Lombardi, City Attorney
Honorable Mayor and City Council
TO:
City of Owasso
Sherry Bishop
FROM:
Assistant City Manager
Resolution 2014-19-City Charter Amendments
SUBJECT:
December 12, 2014
DATE:
BACKGROUND:
Followingthe November and December worksessiondiscussion, staff prepared a resolution calling
for an election on March 3, 2015 to submit proposed charter amendments to the registered voters of
the City of Owasso.
The resolution outlines the language amendments to Sections 2-7, 2-13, 4-3, 4-4, 6-1,6-9, and 8-15 of
the City’s Charter, calls an election for the purpose of submitting the amendments to the qualified
voters of the City of Owasso, creates ballot language, and designates the polling precincts to be
opened or closed as required by state statute.
RECOMMENDATION:
Staff recommends Council approval of Resolution No. 2014-19.
ATTACHMENTS:
ResolutionNo. 2014-19
Memorandum dated December 5, 2014
Memorandum dated November 7, 2014(City Charterattached)
CITY OF OWASSO, OKLAHOMA
RESOLUTION2014-19
A RESOLUTION CALLING A SPECIAL ELECTION IN THE CITY OF
OWASSO, OKLAHOMA FOR THE PURPOSE OF SUBMITTING TO THE
REGISTERED, QUALIFIED VOTERS OF SAID CITY PROPOSED
AMENDMENTS TO THE CHARTER OF THE CITY OF OWASSO,
OKLAHOMA, IN ARTICLE 2, SECTIONS 2-7, 2-13; ARTICLE 4, SECTIONS
4-3, 4-4; ARTICLE 6, SECTION 6-1, 6-9;ARTICLE 8, SECTION 8-15;
SETTING BALLOT LANGUAGE; ANDDESIGNATING TO THE SECRETARY
OF THE ELECTION BOARD OF TULSA COUNTY THE PRECINCTS TO BE
OPENED AND CLOSED.
under the provision of Article 9, Section9-1, the Charter of the City of
WHEREAS,
Owasso, Oklahoma, may be amended by proposals submitted by the Council, and at
a general or special election ratified by a majority of the qualified electors voting, and
approved by the Governor as provided by the State Constitution; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA:
SECTION 1:
That an election be held March 3, 2015 for the purpose of submitting to the qualified
voters of the City of Owasso,for their ratification or rejection,amendments to the
Charter of the City of Owasso, Oklahoma; and
SECTION 2:
These proposed Charter amendments shall be placed on the same ballot as the
election of Owasso City Council representationfor Wards 1and 2. Should there be no
need for a primary election for whatever reason, the date of the election to decide
these Charter amendments shall remain on March 3, 2015; and
SECTION 3:
That the City Council of the City of Owassohereby certifies to the Tulsa County Election
Board that Tulsa County precincts #750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760
and RogersCounty precincts #31 and 130 are to be opened; and Tulsa County
precinct #21 and Rogers County precincts #6, 21, 29, and 30 are to remain closed as
there are no residents of Owasso in those precincts; and
SECTION 4:
The proposed amendments to the Charter of the City of Owasso, Oklahoma shall read
as follows:
ARTICLE 2, THE COUNCIL
Section 2-7Council: Meetings
The council shall hold at least one regular meeting every month, such time as it
mayprescribe by ordinance or otherwise. The mayor or any
three councilmencouncilors may call special meetings. All meetings of the
council, except executive sessions held to discuss personnel mattersas
authorized by law, shall be open to the public, and thejournal of itsproceedings
shall be open to public inspection.
Section 2-13Ordinances: Passage, When in Effect
Every proposed ordinance shall be read, by title only unless a majority vote of
the council request reading in its entirety,and a vote of a majority of all
the councilmencouncilorsshall be required for its passage. The vote on final
passage of every ordinance shall be by yeas and nays, and shall be entered in
the journal. The mayor shall have no power of veto. Within ten days after its
passage, every ordinance shall be published in full or by number, title, and a
brief gist in a newspaper of general circulation within the city. Every ordinance
except an emergency ordinance, so published, shall become effective thirty
days after its final passage unless it specifies a later time; provided that a
franchise for a public utility shall not go into effect until the ordinance granting it
has been published in full in a newspaper of general circulation within the city
and has been approved at an election by a vote of a majority of the qualified
electors voting on the question.
ARTICLE 4, DEPARTMENT OF FINANCE; FISCAL AFFAIRS
Section 4-3Sale of Property Valued at More Than $250,000.00
The sale of any city property, real or personal, including public utilities, or of any
interest therein, the value of which is more than $250,000.00 may be made only
(1) by authority of an affirmative vote of a majority of the qualified electors of the
city who vote on the question of approving or authorizing the sale at an election,
or (2) by authority of a special non-emergency ordinance. Such ordinance shall
be published in full in a newspaper of general circulation within the city within
ten days after its passage, and shall include a section reading substantially as
follows: "Section --. This ordinance shall be referred to a vote of the electors of
the city if a sufficient and lawful referendum petition is properly filed within thirty
days after its passage; otherwise it shall go into effect thirty days after its
passage." The sale of an entire public utility may be authorized only as provided
in (1) hereinabove.
Section 4-4Public Improvements
Public improvements may be made by the city government itself or by contract.
The council shall award all contracts for such improvements; provided that the
council may authorize the City Manager to award such contracts not exceeding
an amount to be determined by the council and subject to such regulations as
the council may prescribe. A contract for public improvements of more than
$2,000.00may be awarded only to the lowest and best responsible bidder after
such notice and opportunity for competitive bidding as the council may
prescribeand in compliance with the Oklahoma Public Competitive Bidding Act
of 1974.All bids may be rejected, and further notice and opportunity for
competitive bidding may be given.
ARTICLE 6, ELECTIONS
Section 6-1Nomination and Election; Terms; Nonpartisan Elections; Etc
d.The councilmencouncilors shall serve for theterms indicated, and until
their respective successors are elected and qualify. Councilterms shall begin on
the first Mondaymeetingin May in the year in which they are elected. If
acouncilman-electcouncilor-elect fails to qualify within one month after the
beginning of theterm, thatoffice shall become vacant, and the vacancy shall
be filled as other vacancies in the council are filled.
Section 6-9Political Activity of Officers and Employees
a.No officer or employee of the city except the councilmen and personnel
who receive no compensation for their services, may work for or against, or
attempt to influence, the nomination, election, or defeat of any candidate for
councilman, or the recall of any councilman; but this shall not prohibit the
ordinary exercise of one's right to express his opinions and to vote.
b.Any person who violates this section shall be punished, upon conviction
thereof, by a fine not exceeding twenty dollars including costs. Such violation
shall constitute cause for removal from office or employment; and if the regular
removal authority has not already removed an officer or employee who violates
this section, he shall be automatically removed by conviction of violating this
sectioneffective at the time the conviction becomes final.
No City Councilor or officer or employee of the city shall directly or indirectly
solicit, coerce or attempt to coerce any employee to participate in or to refrain
from participation in the nomination, election, or defeat of any candidate for
City Councilor, or the recall of any City Councilor; but this shall not prohibit the
ordinary exercise of one’s right to express opinions and to vote.
ARTICLE 8, OFFICERS AND EMPLOYEES GENERALLY
Section 8-15Feminine Gender
When the masculine gender is used in this Charter, it shall also include the
feminine unless the masculine alone is clearly indicated.All references to the
masculine gender shall be removed from the charter and replaced by a
gender-neutral term.
SECTION 5:
In accordance with Title 11, Oklahoma Statutes, Section 13-106, the proposed Charter
amendments and an announcement of the date for the charter election shall be
published in a newspaper of general circulation within the City of Owasso once per
week for three (3) consecutive weeks. The date for the charter election shall not be less
than twenty (20) days nor more than thirty (30) days after the last publication.
SECTION 6:
The ballot titles shall read as follows:
PROPOSITION NO. 1
(Proposed Charter Amendment –Article Two, Section 2-7)
This proposition will amend the Charter to conform with the Oklahoma Open Meeting
Act as it relates to Executive Sessions.
______ FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
PROPOSITION NO. 2
(Proposed Charter Amendment –Article Two, Section 2-13)
This propositionwill specify that each proposed Ordinance is to be read by title only
unless a majority voteof the City Council requests the Ordinance be read aloudin its
entirety.
______ FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
PROPOSITION NO. 3
(Proposed Charter Amendment –Article Four, Section 4-3)
This proposition will require passage of a non-emergency clause ordinance or a vote of
the people before the City Council or Authority Trustees may sell city property, real or
personal, valued atmore than$250,000.
______ FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
PROPOSITION NO. 4
(Proposed Charter Amendment –Article Four, Section 4-4)
This proposition willincorporate the competitive bidding procedures for public
improvements as outlined in the Oklahoma Public Competitive Bidding Act of 1974.
______ FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
PROPOSITION NO. 5
(Proposed Charter Amendment –Article Six, Section 6-1)
This propositionwill change the date on whichanewly elected City Councilor begins
theterm of office from the first Monday in May to the first meeting in May.
______ FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
PROPOSITION NO. 6
(Proposed Charter Amendment –Article Six, Section 6-9)
This propositionwill prohibit any City Councilor, officer, or employee from directly or
indirectly soliciting, coercing, or attempting to coerce any employee to participate in
or to refrain from participation in any City Council election or Councilor recall.
______ FOR THE PROPOSITION –YES
______ AGAINST THE PROPSITION –NO
PROPOSITION NO. 7
(Proposed Charter Amendment –Article Eight, Section 8-15)
This proposition will replace allmasculine languageinthe Charter with gender neutral
language.
______ FOR THEPROPOSITION –YES
______ AGAINST THE PROPSITION –NO
this 16day of December, 2014 by the City Council of the
APPROVED AND ADOPTED
th
City ofOwasso, Oklahoma.
_______________________________________
Jeri Moberly, Mayor
ATTEST:
____________________________________
Sherry Bishop, City Clerk
Approved as to Form:
____________________________________
Julie Lombardi, City Attorney
Honorable Mayor and City Council
TO:
City of Owasso
Sherry Bishop
FROM:
Assistant City Manager
City Charter Amendments
SUBJECT:
December 5, 2014
DATE:
BACKGROUND:
Following the November worksession discussion, staff has prepared a draft resolution calling for an
election to submit proposed charter amendments to the registered voters of the City of Owasso.
The proposed resolution outlines the language amendments to Sections 2-7, 2-13, 4-3, 4-4, 6-1, 6-9,
and 8-15 of the Cter, calls an election for the purpose of submitting the amendments to
the qualified voters of the City of Owasso, creates ballot language, and designates the polling
precincts to be opened or closed as required by state statute.
Attached for review is the staff memorandum dated November 7, 2014 that explains the suggested
charter amendments. As a result of the November worksession discussion, staff has included an
additional proposed amendment related to Feminine Gender. If approved by the
6HFWLRQ
voters, the proposed amendment would replace all masculine terminology in the Charter with more
gender neutral language.
COUNCIL ACTION:
An item has been placed on the December 9, 2014 worksession agenda for additional Council
discussion. In order to place these charter amendments on the ballot for the March 3, 2015 election,
a resolution and ballot language would need to be approved by the City Council before
December 31, 2014.
ATTACHMENTS:
Proposed Resolution
Memorandum dated November 7, 2014 (City Charter attached)
Honorable Mayor and City Council
TO:
City of Owasso
Sherry Bishop
FROM:
Assistant City Manager
City Charter Amendments
SUBJECT:
November 7, 2014
DATE:
BACKGROUND:
Following a recommendation by a Tulsa County Grand Jury (filed December 13, 2013) regarding
l related to political activity of employees, a staff
committee was assembled to conduct a comprehensive review of the Charter for proposed
amendments. The last Charter review occurred in the mid
The Charter provides the
framework for conducting city business. Amendments to the Charter are provided for in Section 9-1
and require a vote of the qualified electors at a general or special election and must be approved
by the governor as provided for in the state constitution. Should more than one amendment be
proposed, they shall be submitted to the voters as separate propositions.
The committee (Julie Lombardi, Julie Stevens, Michele Dempster, Linda Jones, and Sherry Bishop)
has completed their review and identified sections of the Charter where amendments might be
considered.
POSSIBLE CHARTER AMENDMENTS:
Section 2-7 Council: Meetings
The council shall hold at least one regular meeting every month, such time as it may prescribe by
ordinance or otherwise. The mayor or any three councilmen may call special meetings. All meetings
of the council, except executive sessions held to discuss personnel matters as authorized by law,
shall be open to the public, and the journal of its proceedings shall be open to public inspection.
The Oklahoma Open Meeting Act (Title 25, O.S. 301-314) permits public bodies to enter
&200(17
into executive session for the purpose of discussing specific topics and sets the procedure for public
notification of the executive session. Section 2-7, as written, appears to limit executive session to
discuss personnel matters only and conflicts with state statutes and case law. Staff recommends
deleting the language in direct conflict with the Open Meeting Act.
Section 2-13 Ordinances: Passage, When in Effect
Every proposed ordinance shall be read, by title only unless a majority vote of the council request
reading in its entirety, and a vote of a majority of all the councilmen shall be required for its passage.
The vote on final passage of every ordinance shall be by yeas and nays, and shall be entered in the
journal. The mayor shall have no power of veto. Within ten days after its passage, every ordinance
shall be published in full or by number, title, and a brief gist in a newspaper of general circulation
within the city. Every ordinance except an emergency ordinance, so published, shall become
effective thirty days after its final passage unless it specifies a later time; provided that a franchise for
a public utility shall not go into effect until the ordinance granting it has been published in full in a
newspaper of general circulation within the city and has been approved at an election by a vote of
a majority of the qualified electors voting on the question.
The intent of the clause is not clearly communicated and has required
&200(17
City Attorney interpretation in the past. This change would clarify that reading the Ordinance title
before taking action is sufficient, and that reading the entire ordinance aloud during the meeting is
not necessary.
Section 4-3 Sale of Property Valued at More Than $250,000
The sale of any city property, real or personal, including public utilities, or of any interest therein, the
value of which is more than $25,000.00$250,000 may be made only (1) by authority of an affirmative
vote of a majority of the qualified electors of the city who vote on the question of approving or
authorizing the sale at an election, or (2) by authority of a special non - emergency ordinance. Such
ordinance shall be published in full in a newspaper of general circulation within the city within ten
days after its passage, and shall include a section reading substantially as follows: "Section - -. This
ordinance shall be referred to a vote of the electors of the city if a sufficient and lawful referendum
petition is properly filed within thirty days after its passage; otherwise it shall go into effect thirty days
after its passage." The sale of an entire public utility may be authorized only as provided in (1)
hereinabove
This section sets the procedure for the sale of city property valued at or above $25,000.
&200(17
Given that the Charter was written over forty years ago and the current cost of holding an election
is between $12,000 and $15,000, the monetary amount should be reconsidered.
Section 4-4 Public Improvements
Public improvements may be made by the city government itself or by contract. The council shall
award all contracts for such improvements; provided that the council may authorize the City
Manager to award such contracts not exceeding an amount to be determined by the council and
subject to such regulations as the council may prescribe. A contract for public improvements of
more than $2,000.00 may be awarded only to the lowest and best responsible bidder after such
notice and opportunity for competitive bidding as the council may prescribe and in compliance
with the Oklahoma Public Competitive Bidding Act. All bids may be rejected, and further notice
and opportunity for competitive bidding may be given
The Oklahoma Competitive Bidding Act of 1974 was enacted subsequent to the
&200(17
approval of the City Charter. Amended over time, the Competitive Bidding Act defines a public
improvement contract as exceeding $50,000 and sets forth the manner in which public agencies
may let and award public improvement or public construction contracts. The $2,000 threshold
should be deleted and replaced with language that incorporates the bidding procedures
contained in the Oklahoma Public Competitive Bidding Act. It is important to note that Section 7-
104 (E) of the Owasso Code of Ordinances defines a competitive bidding procedure for public
improvement contracts between $2,000 and $25,000.
Section 6-1 Nomination and Election; Terms; Nonpartisan Elections; Etc.
d. The councilmen shall serve for the terms indicated, and until their respective successors are
elected and qualify. Their terms shall begin on the first Monday meeting in May in the year in which
they are elected. If a councilman-elect fails to qualify within one month after the beginning of his
term, his office shall become vacant, and the vacancy shall be filled as other vacancies in the
council are filled.
In this section of the Charter, the term of office for a newly elected council member is
&200(17
restricted to begin on a Monday. Section 2-402 of the Owasso Code of Ordinances directs the City
Council to hold regular meetings on the first and third Tuesday of each month. Newly elected
council members are sworn into office during the first meeting in May. This language creates a
challenge when the first Council meeting occurs before the first Monday in May. The first
should be replaced with the first
Section 6-9 Political Activity of Officers and Employees
No councilman or officer or employee of the city shall directly or indirectly solicit, coerce or attempt
to coerce any employee to participate or to refrain from participation in the nomination, election,
or defeat of any candidate for councilman, or the recall of any councilman; but this shall not
prohibit the ordinary exercise of one's right to express his opinions and to vote.
a. No officer or employee of the city except the councilmen and personnel who receive no
compensation for their services, may work for or against, or attempt to influence, the nomination,
election, or defeat of any candidate for councilman, or the recall of any councilman; but this shall
not prohibit the ordinary exercise of one's right to express his opinions and to vote.
b. Any person who violates this section shall be punished, upon conviction thereof, by a fine not
exceeding twenty dollars including costs. Such violation shall constitute cause for removal from
office or employment; and if the regular removal authority has not already removed an officer or
employee who violates this section, he shall be automatically removed by conviction of violating
this section effective at the time the conviction becomes final.
In their final report, the grand jury recommended removing the provision in the City
&200(17
Charter which prohibits city employees from participation in council elections. There is an inherent
danger in council candidates seeking election assistance from city employees and the language
contained in this section is intended to protect employees from coercion to participate in municipal
political activities. Title 11 O.S. 22-101.2 prohibits employer coerciondirectly or indirectly or attempts
to coerce any municipal employee to participate or refrain from participation in municipal political
activities or public meetings. Similar language is suggested should an amendment be considered.
COUNCIL ACTION:
An item has been placed on the November 11, 2014 worksession agenda for Council discussion. In
order to place a charter amendment on the ballot for the March 3, 2015 election, a resolution and
ballot language would need to be approved by the City Council before December 31, 2014.
ATTACHMENT:
Charter, City of Owasso
Charter
CHARTER
OF THE CITY OF OWASSO, OKLAHOMA
PREAMBLE
ARTICLE 1
INCORPORATION, FORM OF GOVERNMENT, POWERS
Section 1-1 Incorporation
Section 1-2 Form of Government
Section 1-3 Powers of the City
Section 1-4 Construction
Section 1-5 Intergovernmental Relations
ARTICLE 2
THE COUNCIL
Section 2-1 Councilmen: Number, Qualifications
Section 2-2 Mayor and Vice Mayor
Section 2-3 Councilmen: Compensation
Section 2-4 Council: Powers
Section 2-5 Council: Appointments and Removals
Section 2-6 City Clerk to be Clerical Officer of Council
Section 2-7 Council: Meetings
Section 2-8 Councilmen: Absences to Terminate Membership
Section 2-9 Councilmen: Removal
Section 2-10 Council: Vacancies
Section 2-11 Council: Quorum, Rules, Yeas and Nays
Section 2-12 Ordinances: Enacting Clause
Section 2-13 Ordinances: Passage, When in Effect
Section 2-14 Ordinances: Emergency
Section 2-15 Ordinances: Adoption by Reference
Section 2-16 Ordinances: Codification
Section 2-17 Initiative and Referendum
ARTICLE 3
CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS
Section 3-1 City Manager: Appointment, Term, Qualifications, Removal
Section 3-2 Temporary Absence or Disability of City Manager
Section 3-3 City Manager: Powers and Duties
Section 3-4 Administrative Departments, Offices, and Agencies
C-1
Charter
ARTICLE 4
DEPARTMENT OF FINANCE; FISCAL AFFAIRS
Section 4-1 Department of Finance; City Treasurer
Section 4-2 Purchases and Sales
Section 4-3 Sale of Property Valued at More Than $25,000.00
Section 4-4 Public Improvements
Section 4-5 Fiscal Year
ARTICLE 5
MUNICIPAL COURT
Section 5-1 Municipal Court
ARTICLE 6
ELECTIONS
Section 6-1 Nomination and Election: Terms; Nonpartisan Elections; Etc
Section 6-2 Wards: Number: Equal, Etc
Section 6-3 Primary Election Filing
Section 6-4 Primary Election: Time, Etc
Section 6-5 Primary Election: Who Nominated or Elected
Section 6-6 General Election: Time, Who Elected
Section 6-7 Registered Qualified Electors
Section 6-8 Elections: When Not Held
Section 6-9 Political Activity of Officers and Employees
Section 6-10 State Constitution and Law to Govern
ARTICLE 7
RECALL
Section 7-1 Recall Authorized
Section 7-2 Recall Petition
Section 7-3 Recall Election: Council to Order
Section 7-4 Same: How Held
Section 7-5 Person Recalled or Resigning
C-2
Charter
ARTICLE 8
OFFICERS AND EMPLOYEES GENERALLY
Section 8-1 Merit System Created: Appointments, Removals, Etc; Personnel Rules
Section 8-2 Personnel Board Created
Section 8-3 Classified and Unclassified Services
Section 8-4 Removal, Etc: Hearing Before the Personnel Board
Section 8-5 Qualifications of Officers and Employees
Section 8-6 Nepotism
Section 8-7 Holding More Than One Office
Section 8-8 Bonds of Officers and Employees
Section 8-9 Oath or Affirmation of Office
Section 8-10 Who May Administer Oaths and Affirmations
Section 8-11 Removal, Etc, of Officers and Employees
Section 8-12 Acting Officers and Employees
Section 8-13 Officers to Continue Until Successors are Elected or Appointed and Qualify
Section 8-14 Conflict of Interests
Section 8-15 Feminine Gender
ARTICLE 9
AMENDMENT AND SEPARABILITY OF CHARTER
Section 9-1 Amendment: Proposal, Ratification, Approval
Section 9-2 Separability
ARTICLE 10
SUCCESSION IN GOVERNMENT
Section 10-1 When Charter Goes Into Effect
Section 10-2 Officers and Employees to Continue
Section 10-3 Ordinances Continued
Section 10-4 Pending Actions and Proceedings
Section 10-5 Powers and Duties of the City Manager
C-3
Charter
C-4
Charter
CHARTER
OF THE CITY OF OWASSO, OKLAHOMA
PREAMBLE
We, the people of the City of Owasso, exercising the powers of home rule granted to us by the
Constitution and laws of the State of Oklahoma, in order to provide for more efficient, adequate, and
economical government, do hereby ordain, ratify, and establish this Charter of the City of Owasso,
Oklahoma.
ARTICLE 1
INCORPORATION; FORM OF GOVERNMENT; POWERS
Section 1-1 Incorporation
When this Charter goes into effect, the Town of Owasso, Oklahoma, shall become a city, and
within the corporate limits as now established or as hereafter may be established, shall be a municipal
body politic and corporate in perpetuity under the name of "City of Owasso". The city shall be the legal
successor of the town; and as such, it shall succeed to and possess all the property and rights belonging to
the town, and shall be liable for all debts and other obligations for which the town is legally bound at the
time of the succession in government.
Section 1-2 Form of Government
The municipal government provided by this Charter shall be known as a "council-manager
government". All powers of the city shall be exercised in the manner prescribed by this Charter, or, if the
manner is not thus prescribed, then in such manner as the council may prescribe by ordinance.
Section 1-3 Powers of the City
a. The city shall have all powers possible for a city operating under a home-rule charter to have
under the constitution and laws of this state as fully and completely as though they were specifically
enumerated in this Charter.
b. Provisions of state law relating to matters which may be regulated by cities operating under-
rule charters, shall be in effect in this city only insofar as they are applicable and are not superseded by
this Charter or by ordinance.
Section 1-4 Construction
The powers of the city under this Charter shall be construed liberally in favor of the city, and the
specific mention of particular powers in the Charter shall not be construed as limiting in any way the
general power stated in this article.
Section 1-5 Intergovernmental Relations
The city may exercise any of its powers to perform any of its functions and may participate in the
financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil
divisions or agencies thereof, or the United States or any agency thereof.
C-5
Charter
ARTICLE 2
THE COUNCIL
Section 2-1 Councilmen: Number, Qualifications
a. There shall be a council of five members, which shall consist of one councilman from each of
the five wards of the city as the wards are now constituted or as they may hereafter be constituted by
ordinances.
b. Only qualified electors of the city who reside in the respective wards from which they are
elected or appointed to fill a vacancy, shall be qualified for the offices of councilmen. Upon election, or
appointment, as the case may be, such councilman shall continue to reside within the ward from which
elected or appointed during the entire term of said councilman's office, or upon removal of residence
therefrom, forfeit such office. No councilman may hold any office in the city government by appointment
by the City Manager or by any subordinate of the City Manager. If the mayor or any other councilman is
convicted of a crime involving moral turpitude, his office shall become vacant immediately when the case
is finally determined.
Section 2-2 Mayor and Vice Mayor
a. At the first meeting after the time prescribed for the beginning of the terms of newly elected
councilmen, or as soon thereafter as practicable, the council shall elect from its membership a mayor and
a vice mayor, who shall serve until the time prescribed for the beginning of the terms of the next newly
elected councilmen.
b. The mayor shall preside at meetings of the council. He shall be recognized as head of the city
government for all ceremonial purposes and by the governor for purposes of military law. He shall have
no administrative duties except that he shall sign such written obligations of the city as the council may
require. As a councilman, he shall have all powers, rights, privileges, duties, and responsibilities of a
councilman, including the right to vote on questions.
c. The vice mayor shall act as mayor during the absence, disability, or suspension of the mayor,
or, if a vacancy occurs in the office of mayor, until another mayor is elected by the council from its
membership for completion of the unexpired term and qualifies. If the office of vice mayor becomes
vacant, the council shall elect from its membership another vice mayor for completion of the unexpired
term.
Section 2-3 Councilmen: Compensation
Neither the mayor nor any other councilman may receive any compensation as mayor or
councilman nor for any other service rendered the city, but may be reimbursed for expenses incurred in
the discharge of their official duties.
Section 2-4 Council: Powers
Except as otherwise provided in this Charter, all powers of the city, including the determination of
all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall
have power, subject to the state constitution, law, and this Charter:
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a. To appoint and remove the City Manager;
b. By ordinance to enact municipal legislation;
c. To adopt the budget, raise revenue, and make appropriations; and to regulate bond elections,
the issuance of bonds, sinking funds, the refunding of indebtedness, salaries, wages, and other
compensation of officers and employees, and all other fiscal affairs of the city;
d. To inquire in the conduct of any office, department, or agency of the city government, and
investigate municipal affairs; and for this purpose, to subpoena witnesses, take testimony, and require the
production of evidence;
e. To appoint or elect and remove the members of the personnel board, the members of the
planning commission, the members of the board of adjustment, and other quasi-legislative, quasi-judicial,
or advisory personnel and authorities, now or when and if established, or to prescribe the method of
appointing or electing and removing them.
f. To regulate elections, the initiative and referendum, and recall.
g. To create, change, and abolish all offices, departments, and agencies of the city government
other than the offices, departments, and agencies created by this Charter; and to assign additional powers,
duties and functions consistent with this Charter to offices, departments, and agencies created by this
Charter.
Section 2-5 Council: Appointments and Removals
Neither the council, the mayor, nor any of its other members may direct or request the appointment
of any person to, or his removal from, office or employment by the City Manager or by any other
authority; or, except as provided in this Charter, participate in any manner in the appointment or removal
of officers and employees of the city. Except for the purpose of inquiry, the council and its members
shall deal with the administrative service solely through the City Manager; and neither the council nor any
member thereof may give orders on administrative matters to any subordinate of the City Manager either
publicly or privately.
Section 2-6 City Clerk to be Clerical Officer of Council
The City Clerk shall be elected by the council for an indefinite term; provided, that the council by
ordinance may provide that the city treasurer shall be ex-officio city clerk. He shall serve as clerical
officer of the council. He shall keep the journal of its proceedings, and shall enroll in a book or books
kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents,
records, and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of
the city, and shall attest, and affix the seal to, documents when required in accordance with applicable law
or ordinance; and shall have such other powers and duties consistent with this Charter as may be
prescribed by ordinance or applicable law.
Section 2-7 Council: Meetings
The council shall hold at least one regular meeting every month, such time as it may prescribe by
ordinance or otherwise. The mayor or any three councilmen may call special meetings. All meetings of
the council, except executive sessions held to discuss personnel matters as authorized by law, shall be
open to the public, and the journal of its proceedings shall be open to public inspection.
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Section 2-8 Councilmen: Absences to Terminate Membership
If the mayor or any other councilman is absent from more than one-half of all the regular and
special meetings of the council held within any period of four consecutive calendar months, such person
shall thereupon cease to hold office.
Section 2-9 Councilmen: Removal
The mayor or any other councilman may be removed from office for any cause specified by
applicable state law for the removal of officers, and by the method or methods prescribed thereby, and by
recall as provided in this Charter.
Section 2-10 Council: Vacancies
The council, by majority vote of its remaining members, shall fill vacancies in its own membership
for the unexpired terms or until successors are elected as provided in this section. If a vacancy occurs
before the beginning of a regular filing period for candidates for councilmen, and the unexpired term
extends beyond the time when the terms of councilmen elected that year begin, then a councilman for that
place shall be elected at the elections of that year to serve the rest of the unexpired term beginning at the
time the terms of councilmen elected that year begin.
Section 2-11 Council: Quorum, Rules, Yeas and Nays
A majority of all of the members of the council shall constitute a quorum, but a smaller number
may adjourn from day to day or from time to time. The council may determine its own rules. On the
demand of any member, the vote on any question shall be by yeas and nays, and shall be entered in the
journal.
Section 2-12 Ordinances: Enacting Clause
The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the Council
of the City of Owasso, Oklahoma", and of all ordinances proposed by the voters under the power of
initiative, "Be it ordained by the People of the City of Owasso, Oklahoma".
Section 2-13 Ordinances: Passage, When in Effect
Every proposed ordinance shall be read, and a vote of a majority of all the councilmen shall be
required for its passage. The vote on final passage of every ordinance shall be by yeas and nays, and shall
be entered in the journal. The mayor shall have no power of veto. Within ten days after its passage,
every ordinance shall be published in full or by number, title, and a brief gist in a newspaper of general
circulation within the city. Every ordinance except an emergency ordinance, so published, shall become
effective thirty days after its final passage unless it specifies a later time; provided that a franchise for a
public utility shall not go into effect until the ordinance granting it has been published in full in a
newspaper of general circulation within the city and has been approved at an election by a vote of a
majority of the qualified electors voting on the question.
Section 2-14 Ordinances: Emergency
An emergency ordinance is an ordinance which in the judgment of the council is necessary for the
immediate preservation of peace, health, or safety, and which should become effective prior to the time
when an ordinary ordinance would become effective. Every such ordinance shall contain, as a part of its
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title, the words, "and declaring an emergency", and in a separate section, herein called the emergency
section, shall declare the emergency. An affirmative vote of at least four councilmen shall be required for
the passage of an emergency ordinance. An emergency ordinance shall take effect upon passage unless it
specifies a later time.
Section 2-15 Ordinances: Adoption by Reference
The council by ordinance may adopt by reference codes, standards, and regulations relating to
building, plumbing, electrical installations, milk and milk products, and other matters which it has power
to regulate otherwise. Such code, standard, or regulation so adopted need not be enrolled in the book of
ordinances; but a copy shall be filed and kept in the office of the City Clerk.
Section 2-16 Ordinances: Codification
The permanent, general ordinances of the city shall be codified and published in book or pamphlet
form at least every ten years unless the council, by use of a loose-leaf system, provides for keeping the
code up to date. The ordinances and parts of ordinances included in the code may be revised, rearranged,
and reorganized; and the code may contain new matter, provisions of the state constitution and law
applicable to the city, and this Charter. A copy of the published code shall be filed in the office of the city
clerk after the council adopts the code by ordinance, but the code need not be enrolled in the book of
ordinances.
Section 2-17 Initiative and Referendum
The powers of the initiative and referendum are reserved to the people of the city. In the exercise
of these powers, the requirements of the state constitution and law shall be observed.
ARTICLE 3
CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS
Section 3-1 City Manager: Appointment, Term, Qualification; Removal
a. There shall be a city manager. The council shall appoint him for an indefinite term by a vote
of a majority of all its members. It shall choose him solely on the basis of his executive and
administrative qualification. At the time of his appointment, he need not be a resident of the city or state;
but, during his tenure of office, he shall reside within the limits of said city or the designated fenceline
thereof. Neither the mayor nor any other councilman may be appointed city manager or acting city
manager during his term nor within two years after the expiration of his term.
b. The council may suspend or remove the city manager at any time by a vote of a majority of
all its members; provided, that the council shall give him a written statement of the reason for the
proposed removal at least twenty days before removal, and on request shall give him an opportunity for a
public hearing thereon at or after the expiration of such time before removing him.
Section 3-2 Temporary Absence or Disability of City Manager
By letter filed with the City Clerk, the City manager may designate, subject to Council approval, a
qualified city administrative officer to be acting city manager during his temporary absences or
disabilities. The council may revoke such designation at any time and appoint another person acting city
manager to serve during such times; and if the city manager fails to make such designation, the council
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may appoint an acting city manager to serve during such time. The council may remove an acting city
manager at any time.
Section 3-3 City Manager: Powers and Duties
The City Manager shall be chief administrative officer and head of the administrative branch of the
city government. He shall execute the laws and ordinances and administer the government of the city,
and shall be responsible therefore to the council. He shall:
a. Appoint and, when deemed necessary for the good of the service, lay off, suspend, demote, or
remove all directors, or heads, of administrative departments and all other administrative officers and
employees of the city except as he may authorize the head of a department, an officer, or an agency to
appoint, lay off, suspend, demote, and remove subordinates in such department, office or agency.
b. Supervise and control, directly or indirectly, all administrative departments, agencies,
officers, and employees.
c. Prepare a budget annually and submit it to the council, be responsible for the administration
of the budget after it goes into effect and recommend to the council any changes in the budget which he
deems desirable.
d. Submit to the council a report as of the end of the fiscal year on the finances and
administrative activities of the city for the preceding year.
e. Keep the council advised of the financial condition and future needs of the city, and make
such recommendations to the council on matters of policy and other matters as may seem to him
desirable.
f. Have such other powers, duties, and functions as this Charter may prescribe, and such
powers, duties, and functions consistent with this Charter as the council may prescribe.
Section 3-4 Administrative Departments, Offices, and Agencies
There shall be a department of finance headed by a city treasurer, a city attorney, and such other
administrative departments, offices, and agencies as the council may establish.
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ARTICLE 4
DEPARTMENT OF FINANCE; FISCAL AFFAIRS
Section 4-1 Department of Finance; City Treasurer
There shall be a department of finance, the head of which shall be the city treasurer. The City
Manager shall appoint the city treasurer for an indefinite term. Subject to and in accordance with this
Charter, applicable law, and such ordinances and other policies as the council may adopt, the city
treasurer or personnel under his supervision and control shall collect or receive revenue and other money
for the city; shall be responsible for its custody, safekeeping, deposit, and disbursement; shall maintain a
general accounting system for the city government; and shall have such other powers and duties
consistent with this Charter as may be prescribed by ordinance or applicable law.
Section 4-2 Purchases and Sales
a. The City Manager, subject to any regulations which the council may adopt, shall contract for
and purchase, or issue purchase authorizations for, all supplies, materials, and equipment for the offices,
departments, and agencies of the city government. Every such contract or purchase exceeding an amount
to be established by ordinance, shall require the prior approval of the council. The City Manager also
may transfer to or between offices, departments, and agencies, or sell, surplus or obsolete supplies,
materials, and equipment, subject to such regulations as the council may adopt.
b. Before the purchase of, or contract for, any supplies, materials, or equipment, or the sale of
any surplus or obsolete supplies, materials, or equipment, ample opportunity for competitive bidding,
under such regulations and with such exceptions as the council may prescribe, shall be given; but the
council shall not except an individual contract, purchase, or sale from the requirement of competitive
bidding.
c. The council by ordinance may transfer some or all of the power granted to the City Manager
by this section to an administrative officer subordinate to the City Manager.
Section 4-3 Sale of Property Valued at More Than $25,000.00
The sale of any city property, real or personal, including public utilities, or of any interest therein,
the value of which is more than $25,000.00 may be made only (1) by authority of an affirmative vote of a
majority of the qualified electors of the city who vote on the question of approving or authorizing the sale
at an election, or (2) by authority of a special non-emergency ordinance. Such ordinance shall be
published in full in a newspaper of general circulation within the city within ten days after its passage,
and shall include a section reading substantially as follows: "Section --. This ordinance shall be referred
to a vote of the electors of the city if a sufficient and lawful referendum petition is properly filed within
thirty days after its passage; otherwise it shall go into effect thirty days after its passage." The sale of an
entire public utility may be authorized only as provided in (1) hereinabove.
Section 4-4 Public Improvements
Public improvements may be made by the city government itself or by contract. The council shall
award all contracts for such improvements; provided that the council may authorize the City Manager to
award such contracts not exceeding an amount to be determined by the council and subject to such
regulations as the council may prescribe. A contract for public improvements of more than $2,000.00
may be awarded only to the lowest and best responsible bidder after such notice and opportunity for
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competitive bidding as the council may prescribe. All bids may be rejected, and further notice and
opportunity for competitive bidding may be given.
Section 4-5 Fiscal Year
The fiscal year of the city government shall begin on the first day of July and shall end on the last
day of June of every calendar year.
Section 4-6 Independent Annual Audit
The council shall designate a certified public accountant or accountants who shall make an
independent audit of the accounts and evidences of financial transactions of the department of finance and
of all other departments, offices and agencies keeping separate or subordinate accounts or making
financial transactions, as of the end of every fiscal year at least, and who shall report to the council and to
the City Manager.
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ARTICLE 5
MUNICIPAL COURT
Section 5-1 Municipal Court
Cases arising out of violations of the charter and ordinances of the city shall be tried by the existing
municipal court created by state law or a lawful successor of such court created by state law; provided,
that the council by ordinance shall have power to create a municipal court to hear and determine such
cases if and when it deems it necessary or desirable to do so.
ARTICLE 6
ELECTIONS
Section 6-1 Nomination and Election; Terms; Nonpartisan Elections; Etc
a. At the elections in 1973 and in every third year thereafter, the councilman from Ward One
and the Councilman from Ward Two shall be elected for terms of three years.
b. At the elections in 1973, the councilman from Ward Three and the Councilman from Ward
Four shall be elected for terms of two years. At the elections in 1975 and in every third year thereafter,
the councilman from Ward Three and the Councilman from Ward Four shall be elected for terms of three
years.
c. At the elections in 1973, the councilman from Ward Five shall be elected for a term of one
year. At the elections in 1974 and in every third year thereafter, the councilman from Ward Five shall be
elected for a term of three years.
d. The councilmen shall serve for the terms indicated, and until their respective successors are
elected and qualify. Their terms shall begin on the first Monday in May in the year in which they are
elected. If a councilman-elect fails to qualify within one month after the beginning of his term, his office
shall become vacant, and the vacancy shall be filled as other vacancies in the council are filled.
e. All candidates for councilmen shall be nominated, and all councilmen shall be elected, at
large, by the qualified electors of the entire city, although they must reside in the respective wards from
which they are candidates.
f. Both the primary and the general election shall be nonpartisan, and no party designation or
emblem shall be placed on the ballots.
g. Nothing in this Charter shall prohibit the use of voting machines.
Section 6-2 Wards: Number; Equal, Etc
a. There shall be five wards, which shall be numbered from one to five.
b. The wards shall be formed of compact, contiguous territory, and shall be substantially equal
in population.
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c. At intervals of not more than five years, the council shall review the wards and their
boundaries and, if necessary, shall revise them to achieve and maintain such substantial equality in
population among the wards.
Section 6-3 Primary Election: Filing
Any person qualified for the office for which he is filing may have his name placed on the ballot for
the primary election as a candidate for councilman from his ward by filing, on the first Monday, Tuesday,
or Wednesday of February, unless any such day or days be a legal holiday or a day wherein the office of
the secretary of the county election board is lawfully closed, whereupon such time shall be extended
commensurate with the legal holiday or lawful closing, with the secretary of the county election board, a
sworn statement of his candidacy.
Section 6-4 Primary Election: Time, Etc
A primary election shall be held on the first Tuesday in March of every year to nominate candidates
for councilmen to succeed those whose terms are expiring in the respective year. If only one person is a
candidate for an office to be filled, he shall be not only nominated, but also elected ipso facto; and his
name shall not appear on the primary or general election ballot. Every qualified elector of the city shall
be entitled to vote for one candidate for each office to be filled.
Section 6-5 Primary Election: Who Nominated or Elected
In a primary election, the two candidates for each office to be filled receiving the greatest number
of votes for that office, shall be nominated. If one of the candidates for an office receives a majority of all
votes cast for all candidates for that office, he alone shall be not only nominated, but also elected ipso
facto; and his name shall not appear on the ballot for the general election. In case of failure to nominate
because of a tie, the nominee or nominees (as the case may be) shall be determined from among those
tying, fairly by lot, by the county election board in a public meeting. If one of the two candidates for an
office nominated in a primary election dies or withdraws before the general election, the remaining
candidate shall be elected ipso facto; and his name need not appear on the ballot for the general election.
Section 6-6 General Election: Time, Who Elected
A general election shall be held in the city on the first Tuesday in April every year to elect the
councilmen to succeed those whose terms are expiring in the respective year. Every qualified elector of
the city may vote for one of the two candidates for an office to be filled, but may not vote for any other
person. The candidate for each office receiving the greater number of votes, shall be elected. In case of
failure to elect because of a tie, the election shall be determined from among those tying, fairly by lot, by
the county election board in a public meeting.
Section 6-7 Registered Qualified Electors
The term qualified elector as used in this Charter means a person who has the qualifications
prescribed for electors by the state constitution and law, and who is registered as may be required by law.
Section 6-8 Elections: When Not Held
If there are no candidates and no questions to be voted upon at a primary or general election, the
election shall not be held.
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Section 6-9 Political Activity of Officers and Employees
a. No officer or employee of the city except the councilmen and personnel who receive no
compensation for their services, may work for or against, or attempt to influence, the nomination,
election, or defeat of any candidate for councilman, or the recall of any councilman; but this shall not
prohibit the ordinary exercise of one's right to express his opinions and to vote.
b. Any person who violates this section shall be punished, upon conviction thereof, by a fine not
exceeding twenty dollars including costs. Such violation shall constitute cause for removal from office or
employment; and if the regular removal authority has not already removed an officer or employee who
violates this section, he shall be automatically removed by conviction of violating this section effective at
the time the conviction becomes final.
Section 6-10 State Constitution and Law to Govern
The provisions of the state constitution and law applicable to city elections, shall govern such
elections in this city insofar as they are applicable and are not superseded by this Charter or by ordinance.
ARTICLE 7
RECALL
In addition to the circumstances hereinbefore mentioned terminating the term of office of a
councilman, any cause specified by applicable state law for the removal of officers, and by the method or
methods prescribed thereby.
Section 7-1 Recall Authorized
Any councilman may be recalled from office by the electors qualified to vote for the election of a
successor to the incumbent, in the manner provided in this article.
Section 7-2 Recall Petition
a. To initiate recall proceedings, a written statement proposing the recall of a councilman shall
be signed by twenty or more registered qualified electors of the city, and shall be filed with the city clerk
after the incumbent has held the office at least four months. The statement shall also contain the reason or
reasons for which the recall is sought, in not more than two hundred words. Within five days, the city
clerk shall mail a copy of such statement by registered, certified, or similar special mail to the officer at
his residential address. Within ten days after the statement is mailed to the officer, the officer may make
and file with the city clerk a written statement in duplicate justifying his conduct in office, in not more
than two hundred words; and the city clerk on request shall deliver one copy to one of the persons filing
the statement proposing the recall.
b. The petition for recall shall include a demand that a successor to the incumbent sought to be
recalled be elected, and shall also include before the space where the signatures are to be written the
statement giving the reason or reasons for recall under the heading "STATEMENT FOR RECALL", and
if the officer has filed a statement as authorized, the statement justifying his conduct in office under the
heading "STATEMENT AGAINST RECALL". The two statements shall be in letters of the same size.
A copy of the petition shall be filed with the city clerk within one month after recall proceedings are
initiated by the filing of the first statement, and before the petition is circulated.
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c. A number of registered qualified electors of the city equal at least to twenty percent (20%) of
the total number of votes cast for governor in the city at the last general state election at which a governor
was elected, must sign the petition. Each signer shall write after his name his address within the city,
giving street or avenue and number, if any. Not more than one hundred signatures may appear on a single
copy of the petition. Petitions may be circulated only be registered qualified electors of the city; and the
person who circulates each copy of the petition shall sign an affidavit on the copy stating that each signer
signed the petition in his presence, that each signature on the petition is genuine, and that he believes each
signer to be a registered qualified elector of the city.
d. The circulated petition shall be filed with the city clerk not later than one month after the
filing of a copy as provided above. Within one month after date of filing of the circulated petition, the
city clerk shall examine it and ascertain whether it has been prepared and circulated as required, and
whether the required number of registered qualified electors of the city have signed it. He shall then
attach his certificate to the petition. If his certificate states that the petition has not been prepared and
circulated as required and/or lacks a sufficient number of signatures, the petition shall have no effect.
But, if the city clerk's certificate states that the petition has been prepared and circulated as required and
has a sufficient number of signatures, he shall submit the petition and certificate to the council at its next
meeting.
Section 7-3 Recall Election: Council to Order
a. The council, by resolution or ordinance passed within one month after receiving the petition
and certificate of the city clerk, shall order and fix the date for a recall election, which shall be held not
less than forty days, nor more than fifty days, after passage of the resolution or ordinance. The city clerk
shall cause the resolution or ordinance ordering the election to be published in full in a newspaper of
general circulation within the city within ten days after its passage; and such publication shall be
sufficient notice of the election.
b. The qualified electors of the city may vote in a recall election on the election of successors to
more than one officer on the same day.
Section 7-4 Same: How Held
a. The recall election shall be an election to fill the office held by the incumbent sought to be
recalled. There shall be no primary. Any qualified person, including the incumbent, may file as a
candidate for the office. The candidate receiving the greatest number of votes in the recall election shall
be elected. If a candidate other than the incumbent is elected, the incumbent shall be recalled from office
effective as of the time when the result of the election is certified. The successful candidate must qualify
within one month thereafter; and if he fails to do so, the office shall be vacant, and the vacancy shall be
filled as other vacancies in the council are filled. A candidate thus elected and qualifying shall serve for
the unexpired term. If the incumbent is a candidate and receives the greatest number of votes, he shall
continue in office without interruption, and recall proceedings may not again be initiated against him
within one year after the election.
b. The provisions of this Charter relating to city elections shall also govern recall elections
insofar as they are applicable and are not superseded by the provisions of this article.
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Section 7-5 Person Recalled or Resigning
A person who has been recalled from an office, or who has resigned from such office while recall
proceedings were pending against him, may not hold any office or position of employment in this city
government within three years after his recall or resignation.
ARTICLE 8
OFFICERS AND EMPLOYEES GENERALLY
Section 8-1 Merit System Created: Appointments, Removals, Etc; Personnel Rules
A merit system is hereby established for personnel in the city service. Appointments and
promotions in the service of the city shall be made solely on the basis of merit and fitness; and removals,
demotions, suspensions, and layoffs shall be made solely for the good of the service. The council,
consistently with this Charter, by ordinance or personnel rules, may regulate personnel matters and
provide for proper personnel administration.
Section 8-2 Personnel Board Created
a. There shall be a personnel board consisting of three members appointed by the council for
overlapping three-year terms. The term of one member shall begin July 1 in every year. The council
shall appoint the original members so that the term of one will expire at that time in each of the first three
succeeding years. A member may not hold any other office or position of employment in the city
government. The council, by a vote of a majority of all its members, after adequate opportunity for a
public hearing, may remove a member for the good of the service; and the vote shall be by yeas and nays
and shall be entered in the journal. The council shall fill vacancies for the unexpired terms. Members
shall serve without compensation unless the council provides otherwise.
b. At the time prescribed for the beginning of the term of a newly appointed member or as soon
thereafter as practicable, the board shall elect a chairman, a vice chairman, and a secretary; and the
secretary need not be a member of the board. The board shall determine the time and place of its regular
meetings, and the chairman or two members may call special meetings.
c. The personnel board shall have power to subpoena officers and employees of the city and
other persons to testify and to produce documents and other effects as evidence.
Section 8-3 Classified and Unclassified Services
a. All officers and employees of the city shall be divided into the classified and the unclassified
service.
b. The following shall constitute the unclassified service:
(1) The mayor and other councilmen, the municipal judge or judges, and the city clerk.
(2) The city manager, one assistant city manager, if any, the principal secretary to the city
manager, if any, and the city attorney.
(3) Members and secretary of each board, commission, or other plural authority.
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(4) All personnel who serve without compensation.
(5) All temporary and all part-time officers and employees, except those whom the council
may place in the classified service or by ordinance or personnel rules.
(6) Not to exceed ten additional officers and/or employees whom the council may place in
the unclassified service by ordinance or personnel rules after the city reaches a population of 25,000.
c. All other officers and employees shall be in the classified service.
d. Nothing herein shall prohibit including unclassified personnel in the classification plan for
pay purposes.
Section 8-4 Removal, Etc; Hearing Before the Personnel Board
a. The city manager or any other authority who lays off, suspends without pay for more than ten
(10) days, demotes, or removes any officer or employee in the classified service after a probationary
period of six months, shall, at that time or within two days thereafter, deliver, or have delivered, or mail
by registered, certified, or similar special mail, to the officer or employee a written statement of the
reason or reasons for the layoff, suspension, demotion, or removal.
b. Such officer or employee may appeal in writing to the personnel board. The appeal must be
filed with the secretary of the board, or with the city clerk for transmittal to the board, within ten days
after receipt of notice of the layoff, suspension, demotion, or removal.
c. As soon as practicable thereafter, the board shall hold a public hearing on the appeal, or give
an adequate opportunity therefor, and shall report in writing its findings and recommendations, in cases or
subordinates of the city manager, to the city manager, and in other cases to the respective authorities
having power of removal. The city manager or other authority having power of removal shall then make
a final decision in writing regarding the appellant's layoff, suspension, demotion, or removal, as the case
may be; provided that, if the board finds that the layoff, suspension, demotion, or removal was made for a
political reason or reasons or for any other reason or reasons than the good of the service, it shall veto the
layoff, suspension, demotion, or removal, and the action by the city manager or other authority shall be
nullified thereby.
Section 8-5 Qualifications of Officers and Employees
Officers and employees of the city shall have the qualifications prescribed by this Charter and such
additional qualification as the council may prescribe; but the council shall not prescribe additional
qualifications for councilmen.
Section 8-6 Nepotism
Neither the city manager, the council, nor any other authority of the city government, may appoint
or elect any person related to any councilman, to the city manager, or to himself, or, in the case of a plural
authority, to one of its members, by affinity or consanguinity within the third degree, to any office or
position of profit in the city government; but this shall not prohibit an officer or employee already in the
service of the city from continuing and being promoted therein.
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Section 8-7 Holding More Than One Office
Except as may be otherwise provided by this Charter or by ordinance, the same person may hold
more than one office in the city government. The city manager may hold more than one such office,
through appointment by himself, by the council, or by other city authority having power to fill the
particular office, subject to any regulations which the council may make by ordinance; but he may not
receive compensation for service in such other offices. Also the council by ordinance may provide that
the city manager shall hold ex officio designated offices subordinate to the city manager as well as other
designated compatible city officer, not withstanding any other provision of this Charter.
Section 8-8 Bonds of Officers and Employees
The city manager, the city treasurer, and such other officers and employees as the council may
designate, before entering upon their duties shall provide bonds for the faithful performance of their
respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with
a surety company authorized to operate within the state. The city shall pay the premiums on such bonds.
Section 8-9 Oath or Affirmation of Office
Every officer of the city, before entering upon the duties of his office, shall take and subscribe to
the oath or affirmation of office prescribed by the state constitution. The oath or affirmation shall be filed
in the city clerk's office.
Section 8-10 Who May Administer Oaths and Affirmations
All officers authorized by federal or state law, the mayor, the city manager, the city clerk, the
municipal judge or judges, and such other officers as the council may authorize, may administer oaths and
affirmations in any matter pertaining to the affairs and government of the city.
Section 8-11 Removal, Etc of Officers and Employees
The power to lay off, suspend, demote, and remove accompanies the power to appoint or elect; and
the city manager, the council, or other appointing or electing authority at any time may lay off, suspend,
demote, or remove any officer or employee to whom he, the council, or the other appointing or electing
authority respectively may appoint or elect a successor.
Section 8-12 Acting Officers and Employees
The appointing or electing authority who may appoint or elect the successor of an officer or
employee, may appoint or elect a person to act during the temporary absence, disability, or suspension of
such officer or employee, or, in case of a vacancy, until a successor is appointed or elected and qualified,
unless the council provides by general ordinance that a particular superior or subordinate of such officer
or employee shall act. The council by general ordinance may provide for a deputy to act in such case.
Section 8-13 Officers to Continue Until Successors are Elected or Appointed and Qualify
Every officer who is elected or appointed for a term ending at a definite time, shall continue to
serve thereafter until his successor is elected or appointed and qualifies unless his services are sooner
terminated by resignation, removal, disqualification, death, abolition of the office, or other legal manner.
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Section 8-14 Conflict of Interests
a. Neither the mayor, any other councilman, nor the city manager shall sell or barter anything to
the city or to a contractor to be supplied to the city; or make any contract with the city; or purchase
anything from the city other than those things which the city offers generally to the public. Any such
officer violating this section, upon conviction thereof, shall thereby forfeit his office. Any violation of
this section, with the knowledge, express or implied, of the person or corporation contracting with the
city, shall render the contract voidable by the city manager or the council. This subsection shall not apply
in cases in which the city acquires property by condemnation.
b. The council by ordinance or personnel rules may further regulate conflict of interests and
ethics of officers and employees of the city.
Section 8-15 Feminine Gender
When the masculine gender is used in this Charter, it shall also include the feminine unless the
masculine alone is clearly indicated.
ARTICLE 9
AMENDMENT AND SEPARABILITY OF CHARTER
Section 9-1 Amendment: Proposal, Ratification, Approval
This Charter may be amended by proposals therefor submitted by the council, or by the mayor upon
initiative petition of the electors as provided by the state constitution, at a general or special election,
ratified by a majority of the qualified electors voting thereon, and approved by the governor as provided
by the state constitution. If more than one amendment is proposed, all of them except those which are so
interrelated that they should be ratified or rejected together, shall be submitted in such manner that the
electors may vote on them separately. A proposition to amend this Charter may be either in the form of a
proposed amendment to a part or parts of the charter or of a proposed new charter.
Section 9-2 Separability
a. If a court of competent jurisdiction holds any section or part of this Charter invalid, such
holding shall not affect the remainder of this Charter nor the context in which such section or part so
held invalid may appear, except to the extent than an entire section or part may be inseparably connected
in meaning and effect with that section or part.
b. If a court of competent jurisdiction holds a part of this Charter invalid, or if a change in the
state constitution or law renders a part of this Charter invalid or inapplicable, the council by ordinance
may take such appropriate action as will enable the city government to function properly.
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ARTICLE 10
SUCCESSION IN GOVERNMENT
Section 10-1 When Charter Goes Into Effect
This Charter shall go into effect immediately upon its ratification by a vote of a majority of the
qualified electors of the town voting upon the question at an election and its approval by the Governor as
provided by the State Constitution, and the government created by this Charter shall supersede the
heretofore existing town government as of that time.
Section 10-2 Officers and Employees to Continue
When this Charter goes into effect, the trustees under the town government shall become
councilmen from their respective wards, and shall continue in office until their terms expire. The
chairman of the board of trustees, the town treasurer, the town clerk, and the town marshal shall become
respectively mayor, city treasurer, city clerk, and chief of police under this Charter. All other officers and
employees under the town government (including members of all boards and commissions) shall continue
in their respective offices and positions of employment under this Charter.
Section 10-3 Ordinances Continued
All ordinances, insofar as they are not inconsistent with this Charter, shall continue in effect until
they are repealed or until they expire by their own limitations.
Section 10-4 Pending Actions and Proceedings
The adoption of this Charter shall not abate or otherwise affect any action or proceeding, civil or
criminal, pending when it takes effect, brought by or against the municipality or any office, department,
agency or officer thereof.
Section 10-5 Powers and Duties of the City Manager
Notwithstanding any other provisions of this Charter, during the interim between the going into
effect of this Charter and the appointment of the first city manager, the city council shall have the duties
and may exercise the powers of the city manager.
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