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Home My WebLink About2010 01_Tulsa County Criminal Justice Authority_2010.02.16 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2010-01 A RESOLUTION ACCEPTING BENEFICIAL INTEREST IN THE TULSA COUNTY CRIMINAL JUSTICE AUTHORITY FOR AND ON BEHALF OF THE CITY OF OWASSO, OKLAHOMA. WHEREAS, It is in the best interest of the City of Owasso to participate as a member of the Tulsa County Criminal Justice Authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Owasso, Oklahoma as the governing body of said City hereby accepts, for and on behalf of said City, the beneficial interest in the Trust created by the Amended and Restated Declaration of Trust of the Tulsa County Criminal Justice Authority, dated October 20, 1995, as amended by the First Amendment to the Amended and Restated Declaration of Trust dated January 22, 2010. Uwe ADO T thi 16~~' y of February 2010. f" OFFICIAL O y SEAL Stephen 12ataudella, Mayor City of Owasso, Oklahoma ATTES Mkt ~,H ;NAP c?y.,. Sherry Bish , City Clerk APPROVED AS TO FORM: rte, a~ d'4 Ju ie Lombardi, City Attorney ACCEPTANCE OF BENEFICIAL INTEREST On this )Lk day of V~c I0'{u-", 2010, pursuant to a Resolution duly adopted by at least two-thirds (2/3) of the membership of the City Council of the City of Owasso, Oklahoma, the Mayor of the City of Owasso hereby accepts, for and on behalf of said City, the beneficial interest in the trust created by the Amended and Restated Declaration of Trust of Tulsa County Criminal Justice Authority, dated October 20, 1995, as amended by the within and foregoing First Amendment to Amended and Restated Declaration of Trust dated January 22, 2010. CITY OF OWASSO, OKLAHOMA By: -POJJL CITYay r 1~........... ;0 i i Q City 1a V lerko APPROVED BY COUNC L FEB 16 2010 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: RESOLUTION NO. 2010-01 TULSA COUNTY CRIMINAL JUSTICE AUTHORITY DATE: February 12, 2010 BACKGROUND: The City of Owasso has received a request from the Tulsa County Board of Commissioners to approve a resolution accepting beneficial interest in the amended Trust Indenture of the Tulsa County Criminal Justice Authority (TCCJA). The TCCJA, a public trust, was created by the Board of County Commissioners in September 1995 and the City of Owasso accepted beneficial interest in the public trust in October 1995. The TCCJA has a seven member governing body that includes the three county commissioners and four mayors of cities/towns located within Tulsa County. Mayor Stephen Cataudella currently serves as a Trustee. The purpose of the Trust Authority is to oversee and administer county sales tax funds related to the operation and maintenance of the Tulsa County jail facilities. REQUEST: The current Trust Indenture of the TCCJA contains a provision declaring the Chairman of the Board of County Commissioners of Tulsa County shall automatically become the Chairman of the TCCJA. The Board of County Commissioners are requesting to amend this language so that any one of the three County Commissioners may assume the role of Chairman of the TCCJA. Any change in the TCCJA Trust Indenture requires concurrence by all municipalities who have accepted a beneficial interest in the public trust. RECOMMENDATION: The staff recommends City Council approval of Resolution No. 2010-01, accepting beneficial interest in the First Amendment to the Declaration of Trust of the TCCJA. ATTACHMENT: 1. Correspondence dated January 25, 2010 from Tulsa County Commissioner Fred Perry 2. Proposed Resolution No. 2010-01 Board of County Commissioners I I Tulsa County Administration Bldg. 500 South Denver Tulsa, Oklahoma 74103-3832 918.596.5010 FRED R. PERRY DISTRICT 3 January 25, 2010 Mr. Rodney Ray City Manager City of Owasso P. 0. Box 180 Owasso, OK 74055 Dear Rodney: This letter concerns an item that the Board of County Commissioners would like the City of Owasso to put on its agenda at your earliest opportunity. It will not cost you or your city anything but it will help your Tulsa County Commissioners. First let me give you some background. As you may know, just as with many if not all city council chairmanships, the chairmanship of the Board of County Commissioners rotates from year to year. In the case of the commissioners, it rotates by district from year to year. Formerly, before Commissioners Perry and Smaligo became commissioners, the chairman of the Board of County Commissioners was simultaneously chairman of several boards, authorities and commissions. These, in. addition to the Board of County Commissioners, include: The Tulsa County Public Facilities Authority (TCPFA, informally known as the Fair Board); the Budget Board (made up of all 8 county elected • officials); the Tulsa County Industrial Authority; the Vision 2025 Authority and the Tulsa County Criminal Justice Authority. During the first week as chairman for the first time in 2008, it occurred to me that the commissioners could be more effective, more proactive instead of reactive and more analytical if the chairmanships • where spread among the three commissioners each year. In other words, instead of the other two commissioners not chairing any of these while one commissioner chaired all of them, why not have each commissioner be responsible for at least one chairmanship? It seemed to me that we would also serve the taxpayers (including you and your fellow city councilors) better this way. Commissioners Smaligo and Miller agreed and as a first step, with a vote of the TCPFA members, we changed that trust indenture first to allow the chairman of the Board of County Commissioners to appoint another commissioner chairman of the TCPFA (Fair Board). I then named Commissioner Smaligo chairman of the TCPFA for 2008. All three commissioners, including Commissioner Karen Keith who has since become the commissioner for District #2, wish to take this to the next level by changing the Criminal Justice Trust Indenture so that the chairmanship of that body would also be named by the Board of County Commissioners Chairman. However, a change in the Tulsa County Criminal Justice Authority Trust Indenture requires concurrence by the communities who are a part (all of the communities in Tulsa County). Attached is a resolution to accept the change to the Trust Indenture of the Tulsa County Criminal Justice Authority (TCCJA) which we would like for you to put on the agenda of the next Owasso City Council meeting for a vote of the council. There is virtually no "down side" for the City of Owasso. The chairmanship of the Tulsa County Criminal Justice Authority will rotate among commissioners just as it has before. All this will do is change the year a given commissioner chairs the TCCJA. Thank you for your consideration and, in advance, for putting it on the agenda. Please feel free to call me or any one of the other commissioners if you have a question on this matter. The TCCJA members passed the amendment unanimously in the TCCJA meeting of January 22, 2010. Attached is the language for council passage. Your mayor has received this same letter. Yed truly, t~/^ Perry County Commissioner, Dist #3 FP:pk Attachments C: Commissioner Karen Keith Commissioner John Smaligo Chief Deputy Mark Hotta Mr. Jim Orbison PS: Please have your secretary call my office after your council passes the resolution. FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF TRUST OF TULSA COUNTY CRIMINAL JUSTICE AUTHORITY WHEREAS, the Tulsa County Criminal Justice Authority (the "Authority") was created as a public trust by an Amended and Restated Declaration of Trust dated October 20, 1995 (the "Declaration of Trust"), and executed by the Trustor named therein and the initial Trustees thereunder. WHEREAS, within the Declaration of Trust, the Trustor irrevocably conveyed, relinquished and assigned to the Trustees of the Authority the right to consent to and approve any amendments to the Declaration of Trust. WHEREAS, the presently qualified and acting Trustees of the Authority and the Beneficiaries of the Authority have determined it to be in the best interests of the trust estate, in order to better fulfill its comprehensive purposes, to amend the Declaration of Trust, as hereinafter set forth. NOW, THEREFORE, the undersigned Trustees of the Authority, by and with the consent and agreement of the governing bodies of the Beneficiaries of the Authority, as evidenced by their Acceptances of Beneficial Interest endorsed hereon, do hereby amend the first sentence of paragraph (b) of Article VI of the Declaration of Trust as follows: "The Chairman of the Board of County Commissioners of Tulsa County, Oklahoma (the "BOCC"), or another member of the BOCC designated in writing by the Chairman of the BOCC, shall be the Chairman of the Trustees and shall preside at all meetings of the Trustees and perform other duties designated by the Trustees." IN WITNESS WHEREOF, we have hereunto set our hands, recovenanting, recontracting and confirming all of the terms and provisions of the Amended and Restated Declaration of Trust of the Tulsa County Criminal Justice Authority, all as amended hereby, in several multiple originals, all of which constitute one and the same instrument, this 22nd day of January, 2010. TRUSTEES OF THE TULSA COUNTY CRIMINAL JUSTICE AUTHORITY Karen Keith, Trustee Fred Perry, Trustee John Smaligo, Trustee Dewey Bartlett, Jr.,Trustee Ray Bowen, Trustee Steve Cataudella, Trustee Robert Walker, Trustee STATE OF OKLAHOMA ) )ss. COUNTY OF TULSA ) This Instrument was acknowledged before me on , 2010, by Karen Keith. WITNESS my hand and official seal as of the day and year last above written. My Commission Number and Expiration Date: 2