HomeMy WebLinkAbout2010.03.09_Worksession Agenda
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Special RECEIVED
DATE: March 9, 2010 MAR 0 5 2010
TIME: 6:00 p.m.
PLACE: Old Central Building City Clerk's Office
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 PM on Friday, March 5, 2010. AAV44~ el~w
Sherry Bishop, ity Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Presentation provided by the Assistant City Manager for Administrative Services for
the purpose of reviewing various City policies, procedures, and funds.
Ms. Bishop
3. Discussion relating to Operational Items
Mr. Lehr
Attachment # 3
A. Review of Bids Received for McCarty Park Restroom Facilities
B. Proposed grant - Mass Casualty Response Trailer
C. Proposed Engineering Agreement for the update of the City's Water Model
D. Proposed Engineering Agreement for the Meadowcrest Sewer Relief Line
4. Discussion relating to City Manager Items
Mr. Ray
Attachment # 4
A. Proposed amendments to Part 10, Chapter 6 "Offenses against Public Authority"
of the Owasso Code of Ordinances
B. Proposed Resolution relating to House Bill 3054 "Municipal Fiscal Impact Act"
C. City Manager Report
1. FY 06 OKWIN Communication Grant Program
2. Sales Tax Report
5. Legislative Update
Mr. Yancey
6. Report from City Councilors
7. Adjournment
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DAVID WARREN
PARKS DIRECTOR
SUBJECT: BID AWARD
MCCARTY PARK RESTROOM
DATE: March 5, 2010
BACKGROUND:
In February, the Parks Department began the process of advertising for bids in order to replace
the restroom facilities at McCarty Park. This restroom is at the end of its life cycle and contains
outdated fixtures. The bid packet was developed with a base bid specification, which included
the installation of handicap accessible amenities. The new restroom will be constructed in the
footprint of the old restroom in order to utilize existing utilities, and will match existing
restrooms located at Elm Creek Park, Skate Park, and Centennial Park. A copy of the floor plan
and elevation profile is attached for your information and review. If approved by City Council,
construction of the new restroom facility could be completed in time for the spring season.
BIDS RECEIVED:
A bid opening was held at the Owasso City Hall on February 18`h with five complete bids
received. The City also received one incomplete bid from Free Properties Construction of Tulsa.
The bids were evaluated by City staff, who subsequently determined that Builder Unlimited,
Incorporated was the qualifying low bidder, submitting a cost of $66,374 for construction of the
new restroom facility. In addition, City staff has previous experience with Builder Unlimited,
Incorporated as they were awarded previous bids for the construction of restroom facilities in
other City parks.
FUNDING:
The FY 2009-10 Park Development Fund Budget includes funding in the amount of $95,000 for
the McCarty Park Restroom Improvement.
RECOMMENDATION:
Unless concerns are expressed during the Council worksession, staff intends to recommend City
Council award the bid for construction of the McCarty Park Restroom Facilities to Builders
Unlimited, Incorporated in an amount not to exceed $66,374, and authorize the Mayor to execute
the contract agreement during the March 16, 2010 regular meeting of the Owasso City Council.
ATTACHMENTS:
1. Bid Review
2. Floor Plan and Elevation
CITY OF OWASSO, OKLAHOMA
McCARTY PARK RESTROOM
Bid Opening 2/18/2010
Number of Bids: 6
Bids Opened By: Marcia Boutwell
Witness: David Warren
BIDDER TOTAL BASE BID
Builder's Unlimited, Tulsa, OK $66,374.00
Southeast Tulsa Const, Claremore, OK $68,900.00
Tri-Star Const, Catoosa, OK $75,000.00
Crestline Const, Broken Arrow, OK $70,652.00
Free Properties Const, Tulsa (incomplete bid) $81,121.35
Lamproe Const, Sapulpa, OK $84,990.00
Certification:
I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of nay knowledge, this Bid
Documentation is true and correct.
Signature: Marcia Boutwell
Date: February 18, 2010
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
FIRE CHIEF
SUBJECT: MASS CASUALTY RESPONSE TRAILER GRANT
DATE: March 3, 2010
BACKGROUND:
The Fire Department has been provided an opportunity to receive a mass casualty
response trailer as a pass-through grant from the Oklahoma Office of Homeland Security
through the Emergency Medical Services Authority (EMSA).
The Oklahoma Office of Homeland Security (OKOHS) provided funding to establish the
Regional Emergency Medical Services System. The Regional Emergency Medical
Services System (REMSS) is a regional response system for the State of Oklahoma,
designed to provide for a statewide geographic distribution of mass casualty response
trailers. The sole purpose of the REMSS program is to provide augmented emergency
response capabilities within the borders of the State of Oklahoma. OKOHS has assigned
the Emergency Medical Services Authority (EMSA) to start the program and provide
initial program management.
While the trailers will be assets to the local jurisdictions, there is an expectation that the
trailer will be available for a regional or statewide response. The grant award does not
require matching funds, but would obligate the fire department to respond to a mass
casualty incident within the State, if the department is available to respond and assist.
Likewise, if the supplies in the trailer are used by the fire department, the trailer would be
restocked utilizing City funds. If the trailer were called to a State of Oklahoma-ordered
response, the supplies would be replaced from State grant monies. This grant opportunity
would work exactly like the current hazardous materials trailer in the fire department.
GRANT FUNDING:
The grant award is for a trailer fully stocked with mass casualty supplies to treat thirty
(30) injured persons. The trailer would be ordered by EMSA, and delivered to the City of
Owasso. The City would not have to encumber or expend funds; only accept the trailer
as an asset for the grant period. The terms of the grant require the City to insure the
trailer and contents for three years, at which point the trailer would become an asset of
the City of Owasso. The fully stocked Bantam Mass Casualty Trailer costs $16,241.04.
RECOMMENDATION:
Unless concerns are expressed at the Work Session, an action item will be placed on the
March 16, 2010 City Council Agenda requesting Council acceptance of the mass casualty
trailer from EMSA.
Memorandum of Agreement
REMSS Bantam Trailer Assignment and Allocation
Purpose and Parties
This Memorandum of Agreement (MOA) will be between the Emergency Medical
Services Authority (EMSA), and the jurisdiction or agency receiving the Mass Casualty
Response Trailer (Trailer) and/or Prime Mover (Mover). The purpose of this MOA is to
establish agreed-upon responsibilities between the two parties for ownership, response,
and maintenance of the provided equipment.
Receiving Jurisdiction and/or Agency
Jurisdiction Name and Agency
Background
The Oklahoma Office of Homeland Security (OKOHS) has provided funding to establish
an Emergency Medical Service (EMS) regional response capability in the State of
Oklahoma. OKOHS has assigned the Emergency Medical Services Authority (EMSA) to
start the program and provide initial program management. The project currently is
called the Regional Emergency Medical Services System (REMSS). The REMSS
project activities are currently overseen by an established group (Oversight Committee)
of EMS providers and representatives from state agencies and EMS professional
organizations. As part of the program, the Oversight Committee determined the need for
a statewide geographic distribution of mass casualty response trailers. While the
Trailers will be assets to the local jurisdiction, there is an expectation that they will be
available for a regional or statewide response. The sole purpose of the REMSS
program is to provide an augmented EMS response capability within the borders of the
State of Oklahoma. Trailers can only be assigned to public agencies or jurisdictions.
Jurisdictions may further assign to the Trailers to other entities in order to best meet the
response needs of the community. Ownership and responsibility will remain with the
public agency and/or jurisdiction regardless of any secondary assignment.
Assigned Asset: and Cost
Fully stocked Bantam Mass Casualty Trailer $16,241.04
Asset Ownership
Ownership of the assigned asset will pass directly between the vendor and the
agency/jurisdiction. At no time will EMSA own the asset.
Agreements
EMSA
• Receive and account for the initial and any appropriate subsequent REMSS local
award funding allocations
• Purchase and distribute awarded Trailers to agencies/jurisdictions.
• Provide initial project management and coordination of REMSS development
activities.
• Act as a liaison with local, state, and federal agencies during REMSS
development process.
• Provide support funding for Trailers from other grant programs if available and
appropriate.
• Act as a liaison between the Oklahoma Office of Homeland Security and the
recipients of the Trailers and/or Prime Movers
Jurisdiction
• Receive, inspect, stock, insure, and house trailer in a response capable status.
• Maintain Trailer in response-capable status until at least June 30, 2012 or three
years past the end date for the FY 2006 grant.
• Abide by the terms and conditions for federally supplied equipment until June 30,
2012 or three years past the end date for the FY 2006 grant
• Provide access to Trailer and Mover for inspection within 24 hours of verbal or
written notification or as described in OSDH EMS Division Rules.
• Replace consumables used during an incident to original stock levels. Costs for
replacement may be absorbed by agency (local response), billed to agency
requesting assistance, or funded through grant programs or any established
state sustainment fund.
• Work with requesting agency to retrieve non-consumable equipment sent to the
hospital with a patients
• Notify EMSA, or current Project Manager if non-consumable equipment becomes
damaged or lost.
Terms and Conditions of Federally Supplied Equipment
• The receiving agency/jurisdiction agrees to comply with the terms and conditions
of equipment provided by federal grant programs and the Oklahoma Office of
Homeland Security.
General Concept of Operations
• The Trailer and Mover are in place for Oklahoma responses only. Requests for
interstate response may occur, but will require the consent of the housing
agency/jurisdiction.
• The Trailer is part of the overall Oklahoma Regional Response System and
consumables will be eligible for cost reimbursement should a sustainment
account be established.
• Lacking a sustainment account or grant fund application, operating costs for the
Trailer will be the responsibility of the housing agency/jurisdiction.
• The Trailer will be an assets of the assigned agency/jurisdiction and may be used
for local response, special events, and regional mutual aid without prior
notification or permissions.
• If the Trailer responds outside the region, notification must be made to the ESF-8
representative from the Oklahoma Office of Emergency Management.
• The Trailer will be made available for scheduled training and familiarization
exercises/drills at least 4 (four) times a year based upon the housing agency's
availability.
• EMSA is acting as a purchasing facilitator and project manager only. EMSA will
not be responsible for Trailer costs and liabilities once Trailer is received by
assigned agency/jurisdiction
Assignment of Trailer to Third Party
The Trailer provided to a jurisdiction can be further assigned to another agency,
company, or organization if it enhances the response capability of the jurisdiction and/or
region. The jurisdiction must still retain ownership at least until June 30, 2012 and will
still ultimately be responsible for the contents and coverage of the Trailer.
Will this Trailer be further assigned upon receipt? Yes No
Name of Agency/Organization
Address
Point of Contact Name
Point of Contact Title
Point of Contact Phone
Point of Contact Signature
Date
Agreement Party Signatures
By signing below, the representatives of the agreement parties certify they are an
authorized representative and agree to the principles and responsibilities outlined
above.
EMSA
Name (printed)
Position/Title
Signature
Date
AGENCY/JURISDICTION
Name (printed)
Position/Title
Signature
Date
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: AGREEMENT FOR ENGINEERING SERVICES
WATER SYSTEM HYDRAULIC MODELING PROJECT
DATE: March 5, 2010
BACKGROUND:
The City of Owasso maintains an extensive and up-to-date water system atlas. Using that atlas,
the City establishes a working hydraulic model of the system upon which strategic planning and
local development decisions can be properly based. The water model previously developed as
part of the 2001 Water Master Plan Report is now obsolete. The previous model was used to
determine the priority of system improvements subsequently completed since that time,
including construction of the Bailey Water tower, the new Tulsa water connection and 30" water
main along 106th Street, and the separation of the city into two water pressure planes.
The new water model would be used to verify the need for and timing of the remaining
improvements identified in the 2001 Master Plan, to identify any weaknesses in the existing city
water system, and to begin prioritizing future system improvements needed to serve the growth
of the community and to meet regulations to be adopted by the U.S. EPA.
QUALIFICATIONS BASED SELECTION PROCESS:
Staff solicited qualifications from five engineering firms using a detailed Request for Proposal.
All five firms responded with extensive proposals outlining their understanding of the Owasso
water system, their strategy for successfully completing the modeling project, their experience
with similar projects, and their staff qualifications. The Engineering Division reviewed and
graded the proposals using the criteria identified in the Request for Proposal.
TBR Engineering, LLC of Broken Arrow, Oklahoma was rated the most qualified firm to
complete the study. Based upon the submitted proposal and further discussions among city staff,
negotiations were initiated to finalize the detailed scope of services and fees associated with the
water system hydraulic modeling project. The staff anticipates the cost of services to be
approximately $100,000; however, an exact fee for the project is dependent upon the final
negotiated scope of services.
FUNDING:
Funding for this project is included FY 2009-2010 Water Distribution Operating Budget.
RECOMMENDATION:
Staff will present a copy of the proposed Engineering Agreement, along with the negotiated
scope of services and fees, during the March 9th City Council worksession. Unless there are
concerns expressed during that meeting, staff anticipates placing an action item on the March 16,
2010 OPWA agenda to request approval of the proposed Engineering Agreement.
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: ROGER STEVENS
PUBLIC WORK DIRECTOR
SUBJECT: MEADOWCREST GRAVITY SEWER RELIEF LINE PROJECT AND
AGREEMENT FOR ENGINEERING SERVICES
DATE: March 5, 2010
BACKGROUND:
The Meadowcrest lift station was constructed in 1976. The lift station is currently operating at
approximately 80% of its rated capacity and provides service to the Meadowcrest and Maple
Glenn I subdivisions. Additional development in this area is anticipated to occur over the next 5
to 15 years, at which time the sanitary flow to the lift station is projected to be 1.0 mgd (million
gallons per day), 490% over its rated capacity.
In May 2009, City of Owasso Engineering and Operations staff began discussions with Kellogg
Engineering concerning needed improvements to the Meadowcrest lift station in order to
accommodate residential and commercial development. Two alternatives were analyzed: (1)
upgrading existing infrastructure (pumps, force main, gravity sewer), or (2) eliminating the lift
station and constructing a gravity sewer line to connect to the Ranch Creek Interceptor.
Following staff discussions of both alternatives, it was realized that the construction of a new
gravity sewer line from the Southwest corner of the Meadowcrest subdivision through the new
phase of the sports complex to East 106t" Street and Mingo was the best viable option (See
Attachment A). Benefits of this proposed project include:
• Reduction of wet weather sanitary sewer overflows in the Hale Acres subdivision, as
noted in Consent Order No. 10-036 provided by ODEQ
• Access to the proposed gravity sewer relief line for approximately 350 non-developed
acres
• Provision of several access points for Sports Park users
• Elimination of electrical, mechanical, and maintenance costs associated with the
Meadowcrest Lift Station
PROJECTED COST:
The project is estimated to cost $550,000 (See Attachment B). Owasso Land Trust Development
has agreed to contribute approximately $180,000 toward these improvements. These fiends were
Meadowcrest Gravity Sewer Relief Line Project and
Agreement for Engineering Services
Page 2 of 2
originally allocated by the developer to upgrade the existing pump station. However, after an
analysis was performed on the two alternatives, the developer agreed to utilize the funds toward
the Meadowcrest Gravity Relief Sewer Line. Thus, the project cost for the Owasso Public Works
Authority is approximately $370,000.
ENGINEERING SERVICES AGREEMENT:
As mentioned above, City staff and Kellogg Engineering performed analysis concerning needed
improvements. As a result of the consultant's qualifications and familiarity with the project,
City staff selected Kellogg Engineering to perform the proposed engineering services. The
agreement to include the detailed scope of services will be provided during the Tuesday evening
work session.
Following the discussion concerning the scope of work, Kellogg developed staff-hour
projections and submitted a fee proposal in the amount of $38,370 or 7.5% of the estimated
construction cost (See Attachment B).
FUNDING:
Funding for this service is included in the FY 2009-2010 Wastewater Collection Budget. The
construction phase will be funded through a joint public/private partnership.
RECOMMENDATION:
Staff intends to recommend Trustee approval of the Meadowcrest Gravity Sewer Relief Line
project and Agreement for Engineering Services with Kellogg Engineering (Talala, Oklahoma)
for the purpose of designing the Meadowcrest Gravity Sewer Relief Line project in the amount
of $38,370.84 and authorization of the Chairman to execute the agreement.
ATTACHMENTS:
A. Site Map
B. Engineering Service Proposal provided by Kellogg Engineering
ATTACHMENT A
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RANCH CREEK
INTERCEPTOR SEWER
MEADOWCREST RELIEF SEWER CITY OF OWASSO
3/4/10
Legend 111 N. Main Street
EXISTING SEWER P.O. Box 180
PROPOSED RELIEF SEWER 0 Owasso, OK 74055
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ATTACHMENT B
€>il" KELLOGG ENGINEERING, INC.
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ENGINEERING • PLANNING • DESIGN
6755 S. 4060 RD. • TALALA, OK 74080
918.275.4080 9 918.275.7171 FAX
February 18, 2010
Mr. Roger Stevens
Director of Public Works
City of Owasso
P.O. Box 180
Owasso, OK 74055
RE: Preliminary Cost Estimate & Cost for Engineering Services
For the Proposed Meadow Crest Gravity Sewer Line Project
Dear Mr. Stevens:
We have prepared and are hereby sending an updated preliminary cost estimate for the
above mentioned project. We have adjusted our cost estimate to reflect the City's most
recent public bids. We have estimated the total project cost to be approximately
$549,982.06 dollars. Our project assumptions are as follows:
Cost Estimate Assumptions:
1. Assume NO rock conditions
2. Assume unit price for manholes, excluding bid item for additional footage
3. Assume bore under R&R rocky conditions
4. Assume 404 permit required
5. Assume that no other environmental studies or permits required
6. Assume right-of-way acquisition at a cost of $7,500 per acre
7. Assume NO cost for right-of-way across the soccer complex
8. Assume NO legal fees for right-of-way acquisition
9. Assumed that a 12" SS Line and 15" SS Line would be required to handle
projected future flows.
10. Assumed that all proposed SS lines would be PVC
11. Assume that construction staking will be provided by the contractor
12. Assume "As-Built" survey data provided by the contractor
13. Assume NO City of Owasso review fees
We have estimated our fees for engineering, geotechnical, and surveying to be
approximately $38,370.84 dollars and the items that we propose to provide are as
follows:
Engineering Services:
1. Topographic survey and property lines for design purposes
2. Geotechnical investigation of the proposed alignment
3. Construction plans to Owasso and ODEQ standards
4. Bid documents in accordance with Owasso standards
5. 404 application to obtain permit
6. Prepare legal descriptions for all right-of-way to be acquired
K77-036 I of, I
7. R&R application to obtain permit
8. Construction plans to the City for review
9. Construction plans to ODEQ for permitting
10. Final set of reproducible Construction Plans and bid documents
11. Plan-in-hand meeting with the City
12. Preconstruction conference
13. Bid tabulations
14. Periodic site visits during construction
15. Preparation and set of Final "As-Builts" to the City
Thank you for your consideration of this matter and if we can be of any assistance,
please contact us at (918) 275-4080.
Sincerely,
Brian K. Kellogg, P.E., C.F.M.
Kellogg Engineering, Inc.
K77-036 2 of?
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: RESISTING, INTERFERENCE & OBSTRUCTION ORDINANCES AND
AMENDMENTS; RENUMBERING OF PART 10, CHAPTER 6
DATE: March 5, 2010
BACKGROUND:
Proposed ordinances have been presented to the City Council for consideration which would
repeal the City's current ordinance entitled "Resisting Public Officials" and adopt three
individual ordinances prohibiting persons from resisting, interfering and obstructing public
officer's while such officer is discharging their official duties. The primary reasons for this
action are:
1) In an effort to align our local Code of Ordinances with statutory state law;
2) To enable and authorize prosecution of selected offenses within the City of Owasso's
Municipal Court System rather than by referral to the District Attorney for prosecution in
the District Court of Tulsa County; and
3) To better enable the Owasso Police Department in its efforts to provide law enforcement
services. The Police Department has noted ordinances contained in Part 10, Chapter 6,
which are overlapping, unclear, or different than the corollary state statute. In an effort to
resolve these omissions and disparities within our Code, amendment and enactment of
the ordinances discussed below is recommended.
Adoption of the proposed ordinances allows offenders to be prosecuted within our municipal
court rather than requiring that the matter be forwarded to the Tulsa County District Attorney,
and provides greater clarity to an officer in making an arrest. While the Police Department has
authority to issue citations or make arrests for violations of state statutes, including those
discussed below, the matter cannot be prosecuted within Owasso's Municipal Court System.
This issue is of importance because the District Attorney has declined to prosecute various
offenses in a number of instances, thereby leaving the Owasso Police Department without an
alternative avenue of prosecution. The department has been hampered in its efforts to prevent
certain types of conduct because the current Owasso Code of Ordinances does not clearly or
adequately address or prohibit the conduct, and the District Attorney is reluctant to prosecute
these types of matters due to time, personnel and money constraints, as well as overcrowded
I
dockets within the State court system. As a result, officers within our department are unable to
effectively enforce the law.
In addition to these concerns, officers are at times unable to make justifiable and valid arrests
because the current Owasso Code of Ordinances does not contain a clear ordinance prohibiting
the unlawful conduct. In that instance, the department is faced with the choice of either
declining to make the arrest or arresting the offender for an offense which is "close to" the
offending conduct but which does not precisely prohibit the offender's actions. Prosecution
under a "close to" offense consistently is subject to dismissal within the court system and thereby
inhibits and obstructs the department's efforts to provide effective law enforcement services.
Finally, and quite significantly, clearly worded ordinances which precisely state the conduct to
be prohibited, and which mirror the state statute prohibiting this conduct, are much less likely to
lead to legal actions and litigation when arrests for these offenses are made. A municipality's
chances of prevailing in a lawsuit arising out of an arrest for conduct clearly prohibited by an
ordinance which is clearly understood and contains the same language as its corollary within the
state's statutes are notably increased.
DISCUSSION OF PROPOSED ORDINANCES:
A. Resisting a Public Officer 10-612; Renumbering of Part 10, Chapter 6
This ordinance is designed to prohibit resistance through the use of force or violence upon a
public officer during performance of the officer's duties. This proposed ordinance would
address unlawful conduct, including force or violence from the person whom the officer is
addressing or arresting.
In addition to the prohibition of resistance, this ordinance proposes that each of the ordinances
contained within Part 10, Offense and Crimes, Chapter Six, Offenses against Public Authority,
be renumbered as proposed therein. Such renumbering will simplify and clarify Chapter 6 in a
logical and cohesive manner.
B. Interference 10-613
This section is intended to prohibit interference, by any person, with a public officer while the
officer is in the discharge of his or her official duties. This proposed ordinance would target
unlawful conduct constituting interference from a third party during an officer's contact with or
arrest of another person.
C. Obstruction 10-614
This ordinance is intended to prevent the delay or obstruction of any public officer while such
officer is discharging his or her duties. This proposed ordinance seeks to prohibit unlawful
conduct constituting a willful delay or obstruction of any public officer in the perfornance of the
officer's duties. This proposed ordinance, like the related state statutes, is similar to the
Resisting a Public Officer ordinance above but does not require that the conduct include force or
violence.
D. Repeal of Section 10-612 Resisting Public Officials
If the three proposed ordinances set forth above are adopted by the City Council, the subject
matter contained within current Section 10-612, Resisting Public Officials, will be redundant and
thereby rendered unnecessary. Therefore, it is recommended that the current Section 10-612,
Resisting Public Officials, be repealed.
RECOMMENDATION:
Staff intends to recommend City Council approval of the proposed ordinances relating to
Resisting a Public Officer, Interference, and Obstruction, and the repeal of the current section of
City Code relating to Resisting Public Officials during the regular City Council meeting on
March 16, 2010.
ATTACHMENTS:
A. Proposed Ordinance - Resisting a Public Officer
B. Proposed Ordinance - Interference
C. Proposed Ordinance - Obstruction
D. Proposed Ordinance - Repeal of Resisting Public Officials Ordinance
3
ATTACHMENT A
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10-
601, RESISTING A POLICE OFFICER, OF THE CODE OF ORDINANCES
OF THE CITY OF OWASSO, OKLAHOMA, AMEND G SAME BY
MAKING IT UNLAWFUL TO RESIST A PUBLIC OF THROUGH
THE USE OF PHYSICAL FORCE WHILE THE OFF IS WITHIN THE
DISCHARGE OF THE OFFICER'S DUTIES AN BERING ALL
ORDINANCES CONTAINED IN PART 10, CHA R6 E CITY OF
OWASSO'S CODE OF ORDINANCES.
THIS ORDINANCE AMENDS PART 10, CHAP R 6, OF HE CITY O S O CODE
OF ORDINANCES BY AMENDING SEC 0-601 D RENUM NG THE
ORDINANCES CONTAINED IN PART 10, CHAP E CODE FOLLOWS:
BE IT ORDAINED BY THE COUN THE CIT OWASSO, OKLAHOMA,
THAT, TO-WIT:
SECTION ONE (1): Part Ten, Offenses C* e, Six, Offenses against Public
Authority, Section 10-60 ng a Police cer, of th ode of Ordinances of the City of
Owasso, Oklahoma, s e a d as follow
Section 10-601 current ds flows:
A. to res pose or . , lt, or in any way interfere with the police chiefor
any perso utho to act as such, while the officer or person is discharging or
attempting to arge cial duties within the limits of the city.
B. nlawfiul for person to warn or signal another so as to assist such other person
to, scape or de an officer seeking to make an arrest or. for any person to bar or
lock a or or crier in the face of or in front of an approaching officer.
C Resisting a fficer is the intentional opposition or resistance to, or obstruction of, an
individual acting in his official capacity, and authorized by law to make a la14,fid arrest
or seizure of property, or to serve any lawful processor court order, when the offender
knows or has reason to know that the person arresting, seizing property, or serving
process is acting in his official capacity.
D. The words "obstruction of'shall, in addition to their common rneaning, include:
1. Flight by one sought to be arrested before the arresting officer can restrain him
and after notice is given that he is under arrest:
2. Any violence toward or anv resistance or opposition to the arresting officer after
the arrested party is actually placed under arrest and before he is ender arrest; or
3. Refusal by the arrested party to give his name and make his identity known to the
arresting officer.
Section 10-601 shall be renumbered as 10-612 and shall be amend read as follows:
SECTION 10-612 RESISTING A PUBLIC OFFI
It shall be unlawful for any person to knowin r ist, by se of force or
violence, any public officer in the performan public of duties.
SECTION TWO (2): RENUMBERING PART 10, PT
Part 10, Offenses and Crimes, Chapter 6, ffenses against P uthority, shall be renumbered as
follows:
Section 10-601 False Alarms
Section 10-602 Removal of Barricades
Section 10-603 Rescuing
Section 10-604 Escap riso
Section 10-605 Ass' scape risoners
Section 10-606 Unlawfu mu tion with Pri rs
Section 10-607 uding a
Section 10- ating fficer or oyee
Section -609 False enta an Officer
Sect' -610 Refusing iling st an Officer
Section 1 Assault of ry up a Police or Other Law Officer
Section 10esisting a P is Officer
Section 10:- 1 ference
Section 10-614 ction
SECTION THREE ( . REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in frill force and effect.
4
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SIX (6): CODIFICATION
This ordinance, as amended, shall be codified in Part 10, Chapter 6, as section 10-612 in the Owasso
Code of Ordinances, and the entire chapter codified in Part 10, Chapter 6, shall accordingly be
renumbered as shown above.
PASSED by the City Council of the City of Owasso, Oklaho the day of March, 2010.
Ste en Cataudella,
ATTEST:
Sherry Bishop, City Clerk
(S E A L)
APPROVED as to for nd le this day of arch, 2010.
ie Lombardi
City Attorney
ATTACHMENT B
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10-
613, INTERFERENCE, OF THE CODE OF ORDINANCE OF THE CITY
OF OWASSO, OKLAHOMA, AMENDING SAME AKING IT
UNLAWFUL TO INTERFERE WITH ANY PUBLI FFICER DURING
THE DISCHARGE OF THE OFFICER'S DUTIES
THIS ORDINANCE AMENDS PART 10, C 6, OF CITY OF
OWASSO CODE OF ORDINANCES BY A NG NEW SE TO BE
CODIFIED AS SECTION 10-613, INTE RENO .
BE IT ORDAINED BY THE COUNCIL OF THE OF OWASSO, OKLAHOMA,
THAT, TO-WIT:
SECTION ONE (1): Part Ten, Offense & Chapter Offenses against Public
Authority, of the Code of Ordinances of th ity ahoma, shall be amended by
providing and codifying a inance as fo
SECTION 0- INT FERENCE
It sh ful fo erson Ily interfere in such a way as to deter any
p e office the is contact with or arrest of another person.
SECTIO O (2): REP ER
All ordinanc parts of o ances, in conflict with this ordinance are hereby repealed to the
extent of the co only.
SECTION THREE VERABILITY
If any part or parts this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
6
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be
codified in Part 10, Chapter 6, as section 10-613.
PASSED by the City Council of the City of Owasso, Oklahoma on the day of March, 2010.
- A^
Ste taudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this day of Ma 010.
Lombard
Ci Attorney
7
ATTACHMENT C
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10-614,
OBSTRUCTION, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SAME BY MAKIN IT UNLAWFUL
FOR ANY PERSON TO WILLFULLY DELAY OR OBST NY PUBLIC
OFFICER.
THIS ORDINANCE AMENDS PART 10, CHAP 6, HE CITY OF
OWASSO CODE OF ORDINANCES BY ADD EW ION TO BE
CODIFIED AS SECTION 10-614, OBSTRU O
BE IT ORDAINED BY THE COUNCIL OF T T OWASSO, LAHOMA,
THAT, TO-WIT:
SECTION ONE (1): Part Ten, Offen rimes, Chap ffenses against Public
Authority, of the Code of Ordinances of t wasso, O ma, shall be amended by
providing and codifying a new ordinance as lows:
SECTION 10-6 RUCTIO
It shall be unl for an son to will delay or obstruct any public officer in
the discharg o blic cer's duties.
SECTION • REP R
All ordi es, or ordi s, in conflict with this ordinance are hereby repealed to the
extent he conflict on
SECTIO REE (3): S RABILITY
If any part o s of this finance are deemed unconstitutional, invalid or ineffective, the
remaining porti 11 not b ffected but shall remain in full force and effect.
SECTION FOUR (4 CLARING AN EFFECTIVE DATE
The provisions of thi ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be
codified in Part 10, Chapter 6, as section 10-614.
8
PASSED by the City Council of the City of Owasso, Oklahoma on the day of March, 2010.
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this of Mar 2010.
lie Lombardi
torney
9
ATTACHMENT D
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE REPEALING PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10-
612, RESISTING PUBLIC OFFICIALS, OF THE CODE OF ORDINANCES
OF THE CITY OF OWASSO, OKLAHOMA.
BE IT ORDAINED BY THE COUNCIL OF THE CI OF SSO, OKLAHOMA,
THAT, TO-WIT:
SECTION ONE (1): Part Ten, Offenses mes, C ter Six, Offen st Public
Authority, Section 10-612, Resisting Public Of cia the C of Ordinance the City of
Owasso, Oklahoma, SHALL BE REPEALED:
Section 10-612 to be repealed reads as ws:
SECTION 10-612 RESISTING PUB C LS
It is unlawful for any perso wingly or wil l o:
1. Obstruct hief ofp e, any other lice officer, the municipal judge, or any other
officer e ee of city in the dis ge of his official duties;
2. T other ntimr empt to intimidate any such officer or employee
om t ge o fficial duties; or
ssault or beat, evile, se, be disrespectful to, use abusive or indecent language
rd or about, suc officer or employee while such officer or employee is in the
da1 e of his o ial duties.
SECTION TWO (2): EALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
This ordinance shall repeal Part 10, Chapter 6, section 10-612 in th wasso Code of Ordinances.
PASSED by the City Council of the City of Owasso, Okla a the day of March, 2010.
St Cataudella, or
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to d lega this da of March, 2010.
Julie Lombardi
City Attorney
2
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: MUNICIPAL IMPACT RESOLUTION SUPPORTING HB 3054
DATE: March 5, 2010
BACKGROUND:
With most Oklahoma cities and towns struggling to tighten their belts in the face of a tough
economy, unfunded mandates resulting from newly enacted state legislation can severely impact
municipal budgets.
Numerous cities and towns throughout Oklahoma, along with a number of Chambers of
Commerce, are supporting legislation introduced by Speaker of the House Chris Benge, R-Sand
Springs, which would require "Fiscal Impact Statements" on legislation that has a direct adverse
fiscal impact on municipal finances. Additionally, any measure with an adverse impact on
municipalities over $100,000 would not be considered for adoption until the following legislative
session.
The bill recognizes that unfunded mandates on Oklahoma municipalities can adversely affect
services to citizens and businesses. It also provides more information to lawmakers allowing
them to better understand the impact of bills on their constituents. The measure provides time for
municipalities to explore with lawmakers alternative legislation that can accomplish the same
tasks with minimal or no fiscal impact. It also reduces the potential for unintended consequences
by encouraging better cooperation and understanding of such legislation.
Cities and towns are Oklahoma's economic engine with over 90 percent of sales tax revenue
received by the state being generated by municipalities. Cities and towns need the ability to
provide critical safety and quality of life services that are integral to the well-being of schools,
businesses, and virtually all other institutions.
The Municipal Fiscal Impact Act is one of the first steps toward "Healthy Cities in Oklahoma,"
and would improve the long-term financial health of municipalities, and in turn, the state
economy. Thoroughly evaluating the need for unfunded mandates will create a more stable
financial environment and allow both levels of government to soundly enact legislation without
adversely affecting either.
The measure is a top priority of diverse groups such as the Coalition of Tulsa Area Governments,
Oklahoma Municipal League, and the Tulsa Metro Chamber, which include 34 different
chambers and cities that
have embraced the measure in their 2010 "One Voice" agenda.
RECOMMENDATION:
Staff intends recommending adoption of proposed Resolution 2010-02 in support of House Bill
3054, the "Municipal Fiscal Impact Act."
I
D R A F T
FOR DISCUSSION ONLY CITY OF OWASSO, OKLAHOMA
PROPOSED RESOLUTION
A RESOLUTION SUPPORTING THE ADOPTION OF HOUSE BILL 3054
BY THE OKLAHOMA LEGISLATURE AS A VITAL INSTRUMENT IN
PROVIDING THE CITY OF OWASSO AND OTHER OKLAHOMA
MUNICIPALITIES WITH INFORMATION VITAL TO PUBLIC
SERVICES THAT PRESERVE THE COMMUNITY'S SAFETY,
WELFARE AND QUALITY OF LIFE.
WHEREAS, cities and towns are the economic engine of Oklahoma where most Oklahomans
shop, work, and live;
WHEREAS, Oklahoma cannot have a healthy economy without having healthy cities and
towns;
WHEREAS, the City of Owasso, and other municipalities in Oklahoma, continue to face
challenges in funding services due to "unfunded mandates" passed by the state;
WHEREAS, the implementation of such unfunded mandates leaves municipalities with
little time to budget and fund associated expenses - often resulting in tax and fee increases, or
reductions in essential governmental services that provide for the community's fundamental
safety and quality of life;
WHEREAS, adoption of House Bill 3054, the "Municipal Fiscal Imact Act," by the
Oklahoma Legislature would improve the legislature's and the public's understanding of the
impact of state legislation on Oklahoma municipalities by requiring a fiscal impact statement for
any legislation having a direct adverse impact on municipalities with an adverse impact over
$100,000 be considered in the next legislative session; and
WHEREAS, House Bill 3054 would allow municipalities to properly plan and budget
for the services resulting from such legislation by delaying by a year legislative consideration for
legislation mandating a service or regulation found to have a $100,000 or greater impact on
municipal budgets;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA by the City Council of the City of Owasso, Oklahoma, that the
City Council supports adoption of House Bill 3054 by the Oklahoma Legislature as a vital
instrument in providing Owasso and other Oklahoma municipalities with information vital to
assuring the public services that preserve the community's safety, welfare and quality of life.
PASSED AND APPROVED this 16°i day of March 2010 by the City Council of the City of
Owasso, Oklahoma.
Mayor
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Julie T. Lombardi, City Attorney