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HomeMy WebLinkAbout2010.03.16_City Council Agenda PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: March 16, 2010 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, March 12, 2010. ' Atu, Juliann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Pastor James Stotts, Fellowship Tabernacle 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for City Council 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. A. Approval of Minutes for the March 2, 2010 Regular Meeting and the March 9, 2010 Special Meeting. Attachment # 5-A B. Approval of Claims. Attachment # 5-B C. Acknowledgement of receiving the monthly FY 2009-10 budget status report. Attachment # 5-C 0 ~1r\NAGERIAUAgendas\CounciF~ 010\031610postingdoc Owasso City Council March 16, 2010 Page 2 6. Consideration and appropriate action relating to items removed from the Consent Agenda. 7. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2010-02, supporting House Bill 3054, the "Municipal Fiscal Impact Act." Mr. Yancey Attachment # 7 Staff recommends City Council approval of Resolution No. 2010-02. 8. Consideration and appropriate action relating to a request for City Council to award a bid for the construction of the McCarty Park Restroom Facilities to Builders Unlimited, Incorporated in the amount not to exceed $66,374, and authorization for the Mayor to execute the agreement. Mr. Warren Attachment # 8 Staff recommends City Council award the bid for construction of the McCarty Park Restroom Facilities in an amount not to exceed $66,374, and authorize the Mayor to execute the agreement. 9. Consideration and appropriate action relating to a request for City Council acceptance of a grant from the Oklahoma Office of Homeland Security, Regional Emergency Medical Services System. Mr. Clark Attachment # 9 Staff recommends City Council acceptance of a grant from the Oklahoma Office of Homeland Security, Regional Emergency Medical Services System for the acquisition of a mass casualty response trailer. 10. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 963, 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, amending same by making it unlawful to resist a public officer through the use of physical force while the officer is within the discharge of the officer's duties and renumbering all ordinances contained in Part 10, Chapter 6 of the City of Owasso's Code of Ordinances. Ms. Lombardi Attachment # 10 Staff recommends City Council approval of Ordinance No. 963. Owasso City Council March 16, 2010 Page 3 11. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 964 an ordinance relating to Part 10, Offenses & Crimes, Chapter 6, Offenses Against Public Authority, Section 10-613, Interference, of the Code of Ordinances of the City of Owasso, Oklahoma, amending same by making it unlawful to interfere with an public officer during the discharge of the officer's duties. Ms. Lombardi Attachment # 11 Staff recommends City Council approval of Ordinance No. 964. 12. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 965, 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 making it unlawful for any person to willfully delay or obstruct any public officer. Ms. Lombardi Attachment # 12 Staff recommends City Council approval of Ordinance No. 965. 13. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 966, 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. Ms. Lombardi Attachment # 13 Staff recommends City Council approval of Ordinance No. 966. 14. Report from City Manager. 15. Report from City Attorney. 16. Report from City Councilors. 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 18. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 2, 2010 The Owasso City Council met in regular session on Tuesday, March 2, 2010 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, February 26, 2010. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:33 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Linzy Slayden of Friendship Baptist Church. ITEM 3. FLAG SALUTE Councilor Stovall led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor Doug Bonebrake, Vice Mayor Bryan Stovall, Councilor Wayne Guevara, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF TOLERANCE Michele Dempster, a member of the Owasso Character Council, presented to the City Council "Tolerance," the Character Trait of the Month for March, 2010. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the February 16, 2010 Regular Meeting. Owasso City Council March 2, 2010 B. Approval of Claims. C. Acknowledgement of receiving an Agreement for Urban Engineering Services from Kellogg Engineering (Maple Glen II); and authorization for the Mayor to execute the agreement. Mr. Guevara moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims totaling $205,403.99. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 02/13/10. YEA: Guevara, Sinex, Stovall, Cataudella NAY: None Motion carried 4-0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 8. READING OF THE MAYOR'S PROCLAMATION Mr. Cataudella declared Tuesday, March 2, 2010 as Rejoice Eagles Varsity Boys Basketball day in the City of Owasso and encouraged all residents to congratulate the members of the team on their Championship win in the Class 2-A State Basketball Tournament. ITEM 9. PRESENTATION RELATING TO THE TULSA TECH OWASSO CAMPUS Dr. Kara Gae Neal, Superintendent of Tulsa Tech, presented the design of the Tulsa Tech/TCC Owasso Campus and showed a brief video displaying 360-degree views of the campus and buildings. Following the presentation, Mayor Cataudella introduced Mr. Spriggs, OEDA Chairman; Mr. Akin, Owasso Chamber of Commerce President; Mr. Ogilvie, Owasso Public School Superintendent; and Mr. Chamey, who expressed their excitement for the completion of the campus and their gratitude for those in the public and private sector who made the project possible. ITEM 10. RECESS Mr. Cataudella called a 20 minute recess at 7:33 p.m. Mr. Cataudella reconvened the meeting at 7:53 p.m. A quorum was declared present. 7 Owasso City Council March 2, 2010 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL ACCEPTANCE OF A JUDGE ADVOCATE GENERAL (JAG) GRANT FROM THE DEPARTMENT OF JUSTICE IN THE AMOUNT OF $38,459 AND APPROVAL OF AN AMENDMENT TO THE FY 2009-2010 GENERAL FUND INCREASING ESTIMATED REVENUES AND THE APPROPRIATION FOR EXPENDITURES IN THE POLICE SERVICES BUDGET. Mr. Chambless presented the item, recommending City Council acceptance of the JAG grant and approval of an amendment to the FY 2009-2010 General Fund increasing estimated revenues and the appropriation for expenditures in the Police Services Budget by $38,459 for the purpose of purchasing a prisoner transport van. Mr. Sinex moved, seconded by Mr. Stovall to accept the JAG grant and approve an amendment to the FY 2009-2010 General Fund increasing revenues and the appropriation for expenditures in the Police Services Budget, as recommended. YEA: Guevara, Sinex, Stovall, Cataudella NAY: None Motion carried 4-0. ITEM 12. PRESENTATION REGARDING THE GO GREEN INITIATIVE FOR CITY OPERATIONS. Mr. Ray presented the City's Go Green! report, which proposes opportunities for environmentally friendly changes in six areas: green facilities, green processes, green vehicles and equipment, green codes and development, green utility facilities and structures, and public and employee education. Mr. Ray noted that the report was developed through the collaboration of all City departments and will serve as a starting point for future conversations on green initiatives within the City of Owasso. ITEM 13. REPORT FROM CITY MANAGER Mr. Feary presented the Public Works Department's monthly project status report. Mr. Feary also announced that the Public Works Department will be conducting a public meeting to provide citizens with information about the East 106°i Street North and North Garnett Road Intersection Improvement Project on March 4, 2010 at 6:00 p.m. at the First Christian Church in Owasso. Mr. Fowler provided an update on the City's Strong Neighborhood Initiative, noting that the City's goal is to sign up at least 15 Neighborhood Associations by June 15, 2010. Mr. Fowler also noted that the City will be organizing the 2010 Block Party to be held September I It", with the objective of focusing on a community-wide day of service. Mr. Ray introduced Alicia Arnold, a Rogers State University Public Administration student who will serve as an intern for the City throughout the spring. ITEM 14. REPORT FROM CITY ATTORNEY 3 Owasso City Council March 2, 2010 No report. ITEM 15. REPORT FROM CITY COUNCILORS No report. ITEM 16. NEW BUSINESS None ITEM 17. ADJOURNMENT Mr. Guevara moved, seconded by Mr. Stovall, to adjourn the meeting. YEA: Stovall, Cataudella, Sinex, Guevara NAY: None Motion carried 4-0 and the meeting was adjourned at 8:46 p.m. Steve Cataudella, Mayor Juliann Stevens, Minute Clerk 4 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, March 9, 2010 The Owasso City Council met in a special meeting on Tuesday, March 9, 2010 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, March 5, 2010. ITEM 1: CALL TO ORDER Mayor Cataudella called the meeting to order at 6:00 PM. PRESENT ABSENT Steve Cataudella, Mayor Jon Sinex, Councilor Doug Bonebrake, Vice Mayor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. ITEM 2: PRESENTATION PROVIDED BY THE ASSISTANT CITY MANAGER FOR ADMINISTRATIVE SERVICES FOR THE PURPOSE OF REVIEWING VARIOUS CITY POLICIES, PROCEDURES, AND FUNDS No presentation given. ITEM 3: DISCUSSION RELATING TO OPERATIONAL ITEMS A. REVIEW OF BIDS RECEIVED FOR MCCARTY PARK RESTROOM B. PROPOSED GRANT MASS CASUALTY REPONSE TRAILER C. PROPOSED ENGINEERING AGREEMENT FOR UPDATE OF CITY'S WATER MODEL D. PROPOSED ENGINEERING AGREEMENT FOR THE MEADOWCREST SEWER RELIEF LINE Mr. Lehr presented each item and discussion was held. It was explained that a request for City Council action relating to the McCarty Park Restroom bid and Response Trailer grant would be placed on the March 16, 2010 City Council agenda. It was further explained that a request for Trustee action relating to the proposed engineering service agreement to update the city's water model and the Meadowcrest Sewer Relief Line Project would be placed on the March 16, 2010 Owasso Public Works Authority agenda. Owasso City Council March 9, 2010 ITEM 4: DISCUSSION RELATING TO CITY MANAGER ITEMS 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 "MUNICPAL FISCAL IMPACT ACT" C. CITY MANAGER REPORT 1. FY 06 OKWIN COMMUNICATION GRANT PROGRAM 2. SALES TAX REPORT Ms. Lombardi presented proposed amendments to the city's current ordinances that would prohibit a person from resisting, interfering, and obstructing a public officer. Mr. Ray presented a proposed resolution supporting the Municipal Fiscal Impact Act. It was explained that both items would be placed on the March 16, 2010 City Council agenda for appropriate action. Mr. White updated the City Council on the 2006 OKWIN interoperable communication equipment grant from the Oklahoma Office of Homeland Security. Mr. Ray presented the sales tax report. Ms. Bishop notified the City Council of an opportunity for the Owasso Public Works Authority to refinance the OWRB 1993 variable rate note to a fixed interest rate. Ms. Bishop explained that staff is gathering additional information and anticipate making a recommendation in the next few business days in order to meet the time requirements for submitting an application to the OWRB. ITEM 5: LEGISLATIVE UPDATE Mr. Yancey provided a report on proposed legislation affecting municipalities. ITEM 6: REPORT FROM CITY COUNCILORS No report. ITEM 7: ADJOURNMENT Mr. Guevara moved for adjournment, seconded by Mr. Bonebrake. YEA: Bonebrake, Stovall, Guevara, Cataudella NAY: None Motion carried 4-0. Meeting adjourned at 8:10 PM. Mayor, Steve Cataudella .Juliann M. Stevens, Deputy City Clerk 2 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amounl GENERAL AEP/PSO STREET LIGHTS 14.61 TREASURER PETTY CASH CC REFUND/SALDIVAR 50.00 TREASURER PETTY CASH OC REFUND/STEWART 100.00 TREASURER PETTY CASH CC REFUND/GATE 50.00 TREASURER PETTY CASH CC REFUND/ROOP 50.00 TOTAL GENERAL 264.61 MUNICIPAL COURT FRANK W AMBRUS JBAILIFF SERVICES 350.00 YOUTH SERVICES OF TULSA YOUTH SERVICES - JANUARY 3,750.00 TOTAL MUNICIPAL COURT 4,100.00 MANAGERIAL OWASSO CHAMBER OF COMMERCE REGISTRATION FEE - LEGISL 140.00 JPMORGAN CHASE BANK MEETING EXPENSE 37.42 JPMORGAN CHASE BANK MEETING EXPENSE 26.23 JPMORGAN CHASE BANK HOBBY LOBBY-SUPPLIES 32.01 OKLAHOMA STATE UNIVERSITY BUSINESS PROFESSIONAL DEVELOPMENT 200.00 JPMORGAN CHASE BANK MEETING EXPENSE 22.21 CITY GARAGE OVERHEAD CHGS - FEB 2010 83.33 CITY GARAGE VEHICLE & TRUCK PARTS 59.95 JPMORGAN CHASE BANK MEETING EXPENSE 27.02 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 86.28 JPMORGAN CHASE BANK MEETING EXPENSE 31.80 TREASURER PETTY CASH MEETING EXPENSE 6.50 JPMORGAN CHASE BANK COMMUNITY RELATIONS 36.79 JPMORGAN CHASE BANK MEETING EXPENSE 19.90 JPMORGAN CHASE BANK MEETING EXPENSE 69.27 OFFICE DEPOT INC OFFICE SUPPLIES 8.99 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 15.72 JPMORGAN CHASE BANK MEETING EXPENSE 76.95 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 25.00 TOTAL MANAGERIAL 1,006.37 FINANCE OFFICE DEPOT INC OFFICE SUPPLIES 40.64 IJPMORGAN CHASE BANK CARTRIDGE WORLD-TONER 99.99 TOTAL FINANCE 140.63 HUMAN RESOURCES JPMORGAN CHASE BANK MEETING EXPENSE 11.67 OFFICE DEPOT INC OFFICE SUPPLIES 30.38 JRW INC DBA/FINANCIAL EQUIPMENT CO. FOLDING MACHINE CONTRACT 386.00 ARKANSAS MUNICIPAL LEAGUE ADVERTISING 88.90 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT DRUG SCREE 125.00 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM DRUG SCREENS 200.00 INTEGRITY FOCUS CHARLES R COKER SUPERVISOR TRAINING 695.00 AMERICANCHECKED, INC ATTN: BILLING PRE EMP BACKGROUND CHECKS 74.60 Pagel Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni HUMAN RESOURCES... JPMORGAN CHASE BANK DRUG WAREHOUSE-TAPES 17.35 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 JPMORGAN CHASE BANK CLAREMORE DAILY-ADVERTISE 10.80 JPMORGAN CHASE BANK MEETING EXPENSE 25.60 TOTAL HUMAN RESOURCES 1,892.30 GENERAL GOVERNMENT MAILROOM FINANCE INC POSTAGE 1,300.00 HEARTLAND CONSULTING, INC CONSULTING FEES FY10 10,500.00 CINTAS CORPORATION CARPET-MAT CLEANING 27.18 IKON OFFICE SOLUTIONS, INC COPIER SERVICE & SUPPLIES 300.65 JPMORGAN CHASE BANK AMERICAN WASTE-REFUSE 133.19 AT&T CONSOLIDATED PHONE BILL 723.92 MAIL-FINANCE, INC POSTAGE MACHINE LEASE 389.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 JPMORGAN CHASE BANK ROAR K-MAINTENANCE 1,412.00 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 26.86 TULSA COUNTY CLERK FILING FEES 26.00 OFFICE DEPOT INC OFFICE SUPPLIES 66.92 TOTAL GENERAL GOVERNMENT 19,845.02 COMMUNITY DEVELOPMENT TULSA COUNTY MIS TULSA COUNTY LAND RECORDS 30.00 SAV-ON PRINTING & SIGNS LLC BUILDING PERMIT SIGNS 615.00 INTERNATIONAL CODE COUNCIL, INC YEARLY DUES 100.00 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 203.23 CITY GARAGE OVERHEAD CHGS - FEB 2010 158.33 TOTAL COMMUNITY DEVELOPMENT 1,106.56 ENGINEERING CITY GARAGE OVERHEAD CHGS - FEB 2010 166.66 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 255.96 JPMORGAN CHASE BANK RIDGWAYS-PLOTTER SUPPLIES 866.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE 13.32 UNIFIRST HOLDINGS LP UNIFORM SERVICE 13.32 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 TOTAL ENGINEERING 1,372.19 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK GODADDY.COM-RENEWAL 19.86 JPMORGAN CHASE BANK TRAVEL EXPENSE 12.60 JPMORGAN CHASE BANK COX-INTERNET 1,550.00 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 25.53 CITY GARAGE OVERHEAD CHGS - FEB 2010 66.66 TOTAL INFORMATION TECHNOLOGY 1,674.65 SUPPORT SERVICES CITY GARAGE OVERHEAD CHGS - FEB 2010 233.33 Page 2 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 279.15 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 220.04 CITY GARAGE VEHICLE & TRUCK PARTS 11.91 JPMORGAN CHASE BANK ROBERTSON-TOILET REPAIR 19.23 JPMORGAN CHASE BANK UPS STORE-SHIPPING 10.39 JPMORGAN CHASE BANK BRAUMS-DOC LUNCHES 79.64 SAV-ON PRINTING & SIGNS LLC RELETTERING NAMEPLATES 10.00 AT&T CONSOLIDATED PHONE BILL 137.45 JPMORGAN CHASE BANK LOWES-KEYS 3.16 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER PAYROLL - FEB 385.63 JPMORGAN CHASE BANK LIGHTING INC-JAIL LIGHTS 117.54 JPMORGAN CHASE BANK LOWES-FACEPLATE 1.55 JPMORGAN CHASE BANK MURPHY SANITARY-SOAP 38.96 JPMORGAN CHASE BANK WALMART-SUPPLIES 11.61 JPMORGAN CHASE BANK RADIOSHACK-BATTERIES 9.98 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 324.20 JPMORGAN CHASE BANK LOWES-SUPPLIES 14.30 JPMORGAN CHASE BANK LOWES-PARTS 7.48 JPMORGAN CHASE BANK SCHINDLER-MAINT CONTRACT 749.34 TOTAL SUPPORT SERVICES 2,703.39 CEMETERY VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 33.62 TOTAL CEMETERY 33.62 POLICE SERVICES JPMORGAN CHASE BANK USPS-SHIPPING 18.79 CITY GARAGE VEHICLE & TRUCK PARTS 1,694.74 CITY GARAGE OVERHEAD CHGS - FEB 2010 4,666.66 AT&T CONSOLIDATED PHONE BILL 501.87 JPMORGAN CHASE BANK ANZ SIGNS-LETTERING 1,700.00 JPMORGAN CHASE BANK OK POLICE SUPPLY-CONES 53.96 JPMORGAN CHASE BANK FLEET-GUN RACK 491.32 JPMORGAN CHASE BANK FLEET-GUN RACK 646.67 JPMORGAN CHASE BANK FLEET-GUN RACK 601.98 JPMORGAN CHASE BANK OK POLICE SUPPLY-AMMO 164.75 JPMORGAN CHASE BANK USPS-SHIPPING 6.15 JPMORGAN CHASE BANK PIKEPASS-FEES 47.90 JPMORGAN CHASE BANK WALMART-MEMORY CARD 9.88 JPMORGAN CHASE BANK USPS-SHIPPING 6.66 JPMORGAN CHASE BANK FLEET-CLEAR LENS 44.50 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 68.41 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY10 147.00 OFFICE DEPOT INC OFFICE SUPPLIES 96.58 LAW ENFORCEMENT MOBILE VIDEO VIDEO TRAINING MATERIALS 54.00 Page 3 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE SERVICES... LISA LONG TUITION REIMBURSEMENT 619.40 FLEET DISTRIBUTORS EXPRESS EQUIPMENT INSTALLATION 900.00 FLEET DISTRIBUTORS EXPRESS EQUIPMENT INSTALLATION 900.00 FLEET DISTRIBUTORS EXPRESS EQUIPMENT INSTALLATION 900.00 FLEET DISTRIBUTORS EXPRESS EQUIPMENT INSTALLATION 900.00 JPMORGAN CHASE BANK OFFICE DEPOT-ENVELOPES 7.99 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 7,598.34 TOTAL POLICE SERVICES 22,847.55 POLICE COMMUNICATIONS RICH & CARTMILL NOTARY BOND FOR LISA W. 30.00 ANNE K. KARN CANINE NEUTERING 533.25 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT SCREENINGS 25.00 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT & DATAMAX 450.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 53.26 JPMORGAN CHASE BANK AMAZON-OFFICE SUPPLIES 9.49 TOTAL POLICE COMMUNICATIONS 1,101.00 ANIMAL CONTROL AT&T CONSOLIDATED PHONE BILL 44.29 CITY GARAGE OVERHEAD CHGS - FEB 2010 166.66 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 147.36 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 62.55 TOTAL ANIMAL CONTROL 420.86 FIRE SERVICES JPMORGAN CHASE BANK CARTRIDGE WORLD-TONER 99.99 JPMORGAN CHASE BANK LOWES-PARTS 15.04 JPMORGAN CHASE BANK AMAZON .COM-MANUALS 31.55 JPMORGAN CHASE BANK RADIOS HACK-SPEAKERS 76.98 JPMORGAN CHASE BANK IFE-CERTIFICATION RENEWAL 131.00 JPMORGAN CHASE BANK LOWES-PARTS 5.98 JPMORGAN CHASE BANK HOME DEPOT-PARTS 20.43 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 1,056.15 CITY GARAGE OVERHEAD CHGS - FEB 2010 1,166.66 CITY GARAGE VEHICLE & TRUCK PARTS 1,200.11 WAYNE R. GAYLORD ELECTRICAL WIRING 182.25 JPMORGAN CHASE BANK IAFC-MEMBERSHIP RENEWAL 209.00 OWASSO FITNESS ZONE, INC USE OF GYM AND EQUIPMENT 495.00 AT&T CONSOLIDATED PHONE BILL 224.40 JPMORGAN CHASE BANK LOWES-GARBAGE DISPOSAL 136.46 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 93.10 TOTAL FIRE SERVICES 5,144.10 EMERGENCY PREPAREDNES AT&T CONSOLIDATED PHONE BILL 23.42 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 78.59 Page 4 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL EMERGENCY PREPAREDNESS 102.01 STREETS JPMORGAN CHASE BANK LOWES-STICK ON LETTERS 8.16 JPMORGAN CHASE BANK EQUIP ONE-PROPANE 61.30 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK WAYEST-STREET FIT TESTING 200.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE 36.24 APAC-OKLAHOMA, INC. STREET REPAIRS-ELM CREEK 940.24 OWASSO FENCE CO REMINGTON SIGN REPLACEMEN 326.53 JPMORGAN CHASE BANK DUNHAMS-FIBER PATCH 744.63 AEP/PSO STREET LIGHTS 4,117.13 TULSA COUNTY BOCC STREET MARKERS 144.00 WORKHEALTH SOLUTIONS, LLC RESPIRATOR EXAM 116.00 TULSA ASPHALT, LLC ASPHALT 177.75 UNIFIRST HOLDINGS LP UNIFORM SERVICE 34.54 JPMORGAN CHASE BANK LOWES-PARTS 17.66 SHERWOOD CONSTRUCTION CO, INC SIDEWALK REPAIRS 194.75 SHERWOOD CONSTRUCTION CO, INC COMMUNITY CENTER SIDEWALK 513.00 WORKHEALTH SOLUTIONS, LLC HEPATITUS A+B 211.10 TULSA ASPHALT, LLC ASPHALT 218.34 TWIN CITIES READY MIX, INC CONCRETE 240.00 MILL CREEK LUMBER & SUPPLY FORMING SUPPLIES 30.88 CITY GARAGE VEHICLE & TRUCK PARTS 1,275.99 CITY GARAGE OVERHEAD CHGS - FEB 2010 1,166.66 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 1,026.19 TOTAL STREETS 13,314.09 STREETS - ICE STORM TULSA ASPHALT, LLC ASPHALT 105.67 TOTAL STREETS - ICE STORM 105.67 STORMWATER WORKHEALTH SOLUTIONS, LLC RESPIRATOR EXAM 116.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE 42.70 JPMORGAN CHASE BANK WAYEST-STRMWTR TESTING 200.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE 66.70 JPMORGAN CHASE BANK OREILLY-JUMPER CABLES 59.99 JPMORGAN CHASE BANK WATER PROD-WHITE FLAGS 20.00 JPMORGAN CHASE BANK EQUIP ONE-DIRT PREP 55.73 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 643.49 CITY GARAGE OVERHEAD CHGS - FEB 2010 1,166.66 CITY GARAGE VEHICLE & TRUCK PARTS 1,991.24 WORKHEALTH SOLUTIONS, LLC HEPATITUS A+B 300.55 WORKHEALTH SOLUTIONS, LLC HEPATITUS B 81.10 JPMORGAN CHASE BANK BROWN FARMS-SOD 715.00 Page 5 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amounl STORMWATER... JPMORGAN CHASE BANK BROWN FARMS-SOD 350.00 JPMORGAN CHASE BANK BROWN FARMS-SOD 130.00 JPMORGAN CHASE BANK LOWES-HARDWARE 7.69 JPMORGAN CHASE BANK LOWES-HARDWARE 19.97 JPMORGAN CHASE BANK ATWOODS-BUSHINGS 7.07 JPMORGAN CHASE BANK ATWOODS-BUSHINGS 13.14 TOTAL STORMWATER 5,987.03 PARKS JPMORGAN CHASE BANK P & K EQUIP-SUPPLIES 995.00 JPMORGAN CHASE BANK P & K EQUIP-SUPPLIES 120.52 UNIFIRST HOLDINGS LP UNIFORM RENTAL/CLEANING 18.45 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE-CENTENNIAL 137.50 JPMORGAN CHASE BANK LOCKE SUPPLY-STRAPS 3.50 AT&T CONSOLIDATED PHONE BILL 180.73 CITY GARAGE VEHICLE & TRUCK PARTS 90.56 CITY GARAGE OVERHEAD CHGS - FEB 2010 250.00 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 262.18 JPMORGAN CHASE BANK TUCKER-CLEANING SUPPLIES 1,348.85 UNIFIRST HOLDINGS LP UNIFORM RENTAL/CLEANING 18.45 JPMORGAN CHASE BANK P & K EQUIP-RETURN -21.85 JPMORGAN CHASE BANK BEST BUY-MODEM 99.99 TOTAL PARKS 3,503.88 COMMUNITY CENTER JPMORGAN CHASE BANK LOWES-RETURN -4.59 JPMORGAN CHASE BANK BIG LOTS-REFURBISHMENTS 165.50 JPMORGAN CHASE BANK KIRKLANDS-REFURBISHMENTS 111.18 JPMORGAN CHASE BANK HOME DEPOT-KEY BOX 32.54 JPMORGAN CHASE BANK HOBBY LOBBY-REFURBISHMENT 22.20 TREASURER PETTY CASH KEYS 38.50 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 122.30 AT&T CONSOLIDATED PHONE BILL 127.70 JPMORGAN CHASE BANK LOWES-REFURBISHMENTS 58.52 JPMORGAN CHASE BANK KIRKLANDS-REFURBISHMENTS 21.69 CITY GARAGE OVERHEAD CHGS - FEB 2010 41.66 TREASURER PETTY CASH DECOR 57.98 TOTAL COMMUNITY CENTER 795.18 HISTORICAL MUSEUM AT&T CONSOLIDATED PHONE BILL 73.41 TOTAL HISTORICAL MUSEUM 73.41 ECONOMIC DEV JPMORGAN CHASE BANK MEETING EXPENSE 8.38 JPMORGAN CHASE BANK MEETING EXPENSE 8.38 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 33.67 CITY GARAGE OVERHEAD CHGS - FEB 2010 83.33 Page 6 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni ECONOMIC DEV... JPMORGAN CHASE BANK WEBSCRIBBLE-HOSTING 19-99 JPMORGAN CHASE BANK OFFICE DEPOT-RECEIPT BOOK 8.29 JPMORGAN CHASE BANK OFFICE DEPOT-NAME BADGES 57.26 JPMORGAN CHASE BANK OFFICE DEPOT-NAME BADGES 1998 TOTAL ECONOMIC DEV 239.28 FUND GRAND TOTAL 87,772.4 AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 50.00 KATHY KIGHT AMBULANCE REFUND 83.25 THEODORE STANTON AMBULANCE REFUND 20.00 TOTAL AMBULANCE SERVICE 153.25 AMBULANCE JPMORGAN CHASE BANK EXCELLANCE-REPAIR PARTS 480.54 OK STATE DEPT OF HEALTH EMERGENCY PARAMEDIC FEES 40.00 NATIONAL REGISTRY OF EMTS RECERTIFICATION FEE 20.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 57.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 57.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 57.00 FULLERTON HYDRO-TEST INC. RENTAL OF OXYGEN CYLINDER 97.50 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 977.62 CITY GARAGE VEHICLE & TRUCK PARTS 97.26 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 47.12 CITY GARAGE OVERHEAD CHGS - FEB 2010 1,250.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 382.46 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 42.90 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 191.23 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,643.59 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,370.42 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 439.70 JPMORGAN CHASE BANK BLACK & DECKER-BATTERIES 401.64 JPMORGAN CHASE BANK EXCELLANCE-PARTS 327.30 JPMORGAN CHASE BANK MEDTRONIC-SUPPLIES 157.25 JPMORGAN CHASE BANK NTL REGISTRY EMTS-FEES 110.00 JPMORGAN CHASE BANK SPEEDWAY CHEVY-PARTS 92.00 JPMORGAN CHASE BANK TULSA FREIGHT-PARTS 59.65 JPMORGAN CHASE BANK TARGET-SUPPLIES 2.59 JPMORGAN CHASE BANK ALLMED-SUPPLIES 53.75 JPMORGAN CHASE BANK ALLMED-SUPPLIES 389.54 JPMORGAN CHASE BANK ALLMED-SUPPLIES 456.95 JPMORGAN CHASE BANK ALLMED-SUPPLIES 767.98 JPMORGAN CHASE BANK REASOR'S-SUPPLIES 12.98 TOTAL AMBULANCE 10,082.97 Page 7 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni FUND GRAND TOTAL 10,236.2 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO-MAINT CONTRCT 285.00 AT&T E911 MAPPING - MARCH'10 355.35 INCOG-E911 E911 ADMIN SVC FEES 5,758.76 AT&T CONSOLIDATED PHONE BILL 276.12 TOTAL E911 COMMUNICATIONS 6,675.23 FUND GRAND TOTAL 6,675.2 STRM MGMT - GARNETT DET MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 741.60 TOTAL STRM MGMT - GARNETT DETN 741.60 FUND GRAND TOTAL 741.6 CI - QUAL OF LIFE INITIAT ALABACK DESIGN ASSOCIATES, INC QUALITY OF LIFE INITIATIV 10,462.50 TOTAL CI - QUAL OF LIFE INITIAT 10,462.50 CI - 86 STR MAIN--MEM WANETA A. REYNOLDS RIGHT OF WAY ACQUISITION 15,000.00 SCOTT HOWARD WILLIAMS RIGHT OF WAY ACQUISITION 2,707.06 GRAY, LAWRENCE, ARD AND ASSOCIATES APPRAISAL FOR ROW ACQUISI 1,800.00 GRAY, LAWRENCE, ARD AND ASSOCIATES APPRAISAL FOR ROW ACQUISI 1,800.00 GRAY, LAWRENCE, ARD AND ASSOCIATES APPRAISAL FOR ROW ACQUISI 1,800.00 GRAY, LAWRENCE, ARD AND ASSOCIATES APPRAISAL FOR ROW ACQUISI 1,800.00 TOTAL CI - 86 STR MAIN--MEM 24,907.06 CI - 140 E AVE EXTENSION BECCO CONTRACTORS INC N 140 E AVENUE ROADWAY EX 74,221.18 TOTAL CI - 140 E AVE EXTENSION 74,221.18 CI - SPORTSPARK FY09 JPMORGAN CHASE BANK DEQ-PLAN REVIEW FEE 300.00 TOTAL CI - SPORTSPARK FY09 300.00 FUND GRAND TOTAL 109,890.7 CITY GARAGE JPMORGAN CHASE BANK UNITED FORD-RETURN -10.84 JPMORGAN CHASE BANK UNITED FORD-RETURN -51.17 JPMORGAN CHASE BANK UNITED FORD-CORE CREDIT -600.00 OFFICE DEPOT INC OFFICE SUPPLIES 12.78 RLCP, LLC PAINT FOR POLICE CAR 195.00 QUALITY TIRE & AUTO SERVICE, LLC WHEEL ALIGNMENT 59.95 O'REILLY AUTOMOTIVE INC VEHICLE & TRUCK PARTS 26.55 Page 8 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni CITY GARAGE... O'REILLY AUTOMOTIVE INC VEHICLE & TRUCK PARTS 910.05 JPMORGAN CHASE BANK UNITED FORD-CORE CREDIT -600.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 JPMORGAN CHASE BANK FASTENAL-SUPPLIES 29.84 JPMORGAN CHASE BANK UNITED FORD-PARTS 10.84 GIL SAURER DBA PHOENIX RECYCLING RECYCLING USED OIL FILTER 30.00 QUALITY TIRE & AUTO SERVICE, LLC WHEEL ALIGNMENT 59.95 AT&T CONSOLIDATED PHONE BILL 44.29 JPMORGAN CHASE BANK CLASSIC CHEVY-PARTS 115.91 JPMORGAN CHASE BANK B&M OIL-BULK MOTOR OIL 451.55 JPMORGAN CHASE BANK UNITED FORD-TRANSMISSION 2,208.65 RANDY STARK WINDSHIELD CHIP REPAIR 70.00 JPMORGAN CHASE BANK UNITED FORD-TRANSMISSION 2,206.00 JPMORGAN CHASE BANK NEW HOLLAND-SEAL KIT 65.44 JPMORGAN CHASE BANK UNITED FORD-PARTS 147.75 JPMORGAN CHASE BANK UNITED FORD-PARTS 225.26 JPMORGAN CHASE BANK UNITED FORD-PARTS 122.38 TOTAL CITY GARAGE 5,796.72 FUND GRAND TOTAL 5,796.7 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 TOTAL WORKERS' COMP SELF-INS 867.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 692.08 UNITED SAFETY & CLAIMS INC WC-TPA MONTHLY ADMIN FEES 1,550.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,523.30 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,335.92 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,229.55 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 9,504.00 TOTAL WORKERS' COMP SELF-INS 15,834.85 FUND GRAND TOTAL 16,701.8 GEN LIAB-PROP SELF INS JEFFREY A. BAXTER TORT CLAIM 750.00 BRADLEY T. PASSMORE TORT CLAIM 86.00 TREASURER PETTY CASH TRANSFER OF TITLE 25.00 WOOD, PUHL & WOOD, P.L.L.C LEGAL SERVICES - SEAMAN 550.00 WOOD, PUHL & WOOD, P.L.L.C LEGAL SERVICES - HUNTLEY 3,721.40 WOOD, PUHL & WOOD, P.L.L.C LEGAL SERVICES-MULLINS 125.00 Page 9 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL GEN LIAB-PROP SELF INS 5,257.40 FUND GRAND TOTAL 5,257.4 CITY GRAND TOTAL $243,072.16 Page 10 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02/27/10 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,163.21 Managerial 19,217.88 26,273.74 Finance 13,285.99 18,888.37 Human Resources 6,100.83 9,103.00 Community Development 8,191.70 11,052.59 Engineering 13,441.05 19,724.05 Information Systems 9,335.58 14,394.97 Support Services 6,565.41 9,464.98 Police 101,796.99 151,904.31 Central Dispatch 9,830.07 16,342.63 Animal Control 2,218.40 3,383.88 Fire 93,281.46 136,421.49 Emergency Preparedness 2,798.43 4,378.09 Streets 6,955.41 11,275.80 Stormwater/ROW Maint. 6,853.45 10,530.79 Park Maintenance 6,548.42 9,906.57 Community-Senior Center 2,902.50 4,684.18 Historical Museum 2,054.82 2,803.95 Economic Development 3,589.32 4,957.97 General Fund Total 319,554.02 471,654.57 Garage Fund Total 4,103.60 6,359.84 Ambulance Fund Total 19,659.41 28,687.19 Emergency 911 Fund Total 3,276.69 5,447.38 Worker's Compensation Total 3,284.32 3,987.10 Strong Neighborhoods 2,077.12 3,080.84 Stormwater Detention 1,000.00 1,137.00 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 3/16/10 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 47,755.58 HEALTHCARE MEDICAL SERVICE 31,250.08 HEALTHCARE MEDICAL SERVICE 71,674.27 HEALTHCARE MEDICAL SERVICE 30,052.58 HEALTHCARE DEPT TOTAL 180,732.51 DELTA DENTAL DENTAL MEDICAL SERVICE 1,439.60 DENTAL MEDICAL SERVICE 2,568.00 ADMIN FEES 2,009.69 DENTAL DEPT TOTAL 6,017.29 VSP VISION MEDICAL SERVICES 2,442.09 ADMIN FEES 1,215.09 VISION DEPT TOTAL 3,657.18 HEALTHCARE SELF INSURANCE FUND TOTAL 190,406.98 CITY OF OWASSO GENERALFUND FISCAL YEAR 2009-2010 Statement of Revenues & Expenditures As of February 28, 2010 MONTH YEAR PERCENT TO-DATE TO-DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,862,469 $ 12,643,422 $ 19,414,000 65.13% Licenses & permits 18,812 131,624 240,300 54.77% Intergovernmental 81,757 404,919 592,675 68.32% Charges for services 51,765 318,731 501,600 63.54% Fines & forfeits 82,742 454,518 665,980 68.25% Other 5,262 103,330 185,102 55.82% TOTAL REVENUES 2,102,807 14,056,545 21,599,657 65.08% EXPENDITURES: Personal services 1,070,023 8,254,338 12,768,541 64.65% Materials & supplies 51,518 451,616 764,566 59.07% Other services 72,735 1,208,693 2,151,499 56.18% Capital outlay 46,715 369,673 774,498 47.73% TOTAL EXPENDITURES 1,240,992 10,284,319 16,459,104 62.48% REVENUES OVER EXPENDITURES 861,815 3,772,226 5,140,553 73.38% TRANSFERS IN (OUT): Transfers in 1,039,676 7,304,382 11,236,000 65.01% Transfers out (1,660,510) (11,675,131) (17,749,075) 65.78% TOTAL TRANSFERS (620,834) (4,370,749) (6,513,075) 67.11% NET CHANGE IN FUND BALANCE 240,981 (598,523) (1,372,522) FUND BALANCE (GAAP Basis) Beginning Balance 4,724,575 Ending Balance $ 4,126,052 FUND BALANCE (Budgetary Basis) Beginning Balance 3,102,596 3,102,596 Ending Balance $ 2,504,073 $ 1,730,074 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 12, 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 recommends City Council adoption of Resolution 2010-02 in support of House Bill 3054, the "Municipal Fiscal Impact Act." CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2010-02 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 Impact 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 and that legislation 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 16th day of March 2010 by the City Council of the City of Owasso, Oklahoma. Stephen Cataudella, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie T. Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAVID WARREN PARKS DIRECTOR SUBJECT: BID AWARD MCCARTY PARK RESTROOM DATE: March 12, 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, 2010, 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 2009-2010 Park Development Fund Budget includes funding in the amount of $95,000 for the McCarty Park Restroom Improvement. RECOMMENDATION: Staff recommends City Council award the bid for construction of the McCarty Park Restroom Facilities in an amount not to exceed $66,374, and authorize the Mayor to execute the agreement. 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 my knowledge, this Bid Documentation is true and correct. 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Iw al1yaY JlaicbnauIa[ root aky119ba vltl• tan -sea tn[•u9n fO. pClt.rlle�•il1M .hall bn1 /1• bulb o[ [.bn.Cad bavlad bIa"'lap .LdlM 1. ".tax gtay t• aid. a 11 -11 Yi- qt—. . at 1• a R1u1 Iw. !t bt •..LI.bl., uhe .lt altarau• rttn Pevpa••1. 30 yYa 1'x T• •lid It ga.•tbl •xt.rlac doer• •M (t..m. vltt aayp l.lay.d clears, naMla a 1var •nd -laid.. h bat" rlul duty lock lea) dad blt beet ter allt.ld•, pu•b plat" an Ooeh •lain, tlet plats en bth aide t door.. n 1 1 at. of k.y. par dear t. W. n.ai. C•lae to b b m Y cpar.t• sleet. Mx lY- pllt r1bbA; 6 bK1N1 r1b par black, paat.l gr•yl Olaltllar btarl•1 e[ approval peal tot Llntala va ap•n1M.. EAST ELEVATION SCALE-l'-2'-O" C MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRADD K. CLARK FIRE CHIEF SUBJECT: MASS CASUALTY RESPONSE TRAILER GRANT DATE: March 12, 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 filly 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: Staff recommends City Council acceptance of a grant from the Oklahoma Office of Homeland Security, Regional Emergency Medical Services System for the acquisition of a mass casualty response trailer. 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 CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT L.OMBARDI CITY ATTORNEY SUBJECT: ORDINANCE NO. 963 - RESISTING A PUBLIC OFFICER DATE: March 12, 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 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: Ordinance No. 963 - 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. Ordinance No. 964 - 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. Ordinance No. 965 - 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 performance 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. Ordinance No. 966 - 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 recommends City Council approval of Ordinance No. 963. ATTACHMENTS: A. Ordinance No. 963 - Resisting a Public Officer CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 963 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, AMENDING SAME BY MAKING IT UNLAWFUL TO RESIST A PUBLIC OFFICER THROUGH THE USE OF PHYSICAL FORCE WHILE THE OFFICER IS WITHIN THE DISCHARGE OF THE OFFICER'S DUTIES AND RENUMBERING ALL ORDINANCES CONTAINED IN PART 10, CHAPTER 6 OF THE CITY OF OWASSO'S CODE OF ORDINANCES. THIS ORDINANCE AMENDS PART 10, CHAPTER 6, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 10-601 AND RENUMBERING THE ORDINANCES CONTAINED IN PART 10, CHAPTER 6 OF THE CODE AS FOLLOWS: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Offenses against Public Authority, Section 10-601, Resisting a Police Officer, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: Section 10-601 currently reads as follows: A. It is unlawful to resist, oppose or assault, or in any way interfere with the police chief or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits of the city. B. It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer. C. Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity, and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or 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 meaning, 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 any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is under 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 amended to read as follows: SECTION 10-612 RESISTING A PUBLIC OFFICER It shall be unlawful for any person to knowingly resist, by the use of force or violence, any public officer in the performance of the public officer's duties. SECTION TWO (2): RENUMBERING PART 10, CHAPTER 6 Part 10, Offenses and Crimes, Chapter 6, Offenses against Public Authority, shall be renumbered as follows: Section 10-601 False Alarms Section 10-602 Removal of Barricades Section 10-603 Rescuing Prisoners Section 10-604 Escape of Prisoners Section 10-605 Assisting Escape of Prisoners Section 10-606 Unlawful Communication with Prisoners Section 10-607 Eluding a Police Officer Section 10-608 Impersonating an Officer or Employee Section 10-609 False Representation to an Officer Section 10-610 Refusing or Failing to Assist an Officer Section 10-611 Assault of Battery upon a Police or Other Law Officer Section 10-612 Resisting a Public Officer Section 10-613 Interference Section 10-614 Obstruction SECTION THREE (3): 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 full force and effect. 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, Oklahoma on the day of March, 2010. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of March, 2010. Julie Lombardi City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ORDINANCE NO. 964 - INTERFERENCE DATE: March 12, 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 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: Ordinance No. 963 - 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. Ordinance No. 964 - 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. Ordinance No. 965 - 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 performance 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. Ordinance No. 966 - 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 recommends City Council approval of Ordinance No. 964. ATTACHMENTS: A. Ordinance No. 964 - Interference CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 964 AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10-613, INTERFERENCE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY MAKING IT UNLAWFUL TO INTERFERE WITH ANY PUBLIC OFFICER DURING THE DISCHARGE OF THE OFFICER'S DUTIES. THIS ORDINANCE AMENDS PART 10, CHAPTER 6, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 10-613, INTERFERENCE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Offenses against Public Authority, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying a new ordinance as follows: SECTION 10-613 INTERFERENCE It shall be unlawful for any person to willfully interfere in such a way as to deter any police officer during the officer's contact with or arrest of another person. SECTION TWO (2): REPEALER 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 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. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of March, 2010. Julie Lombardi City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ORDINANCE NO. 965 - OBSTRUCTION DATE: March 12, 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 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: Ordinance No. 963 - 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. Ordinance No. 964 - 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. Ordinance No. 965 - 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 performance 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. Ordinance No. 966 - 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 recommends City Council approval of Ordinance No. 965. ATTACHMENTS: A. Ordinance No. 965 - Obstruction CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 965 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 MAKING IT UNLAWFUL FOR ANY PERSON TO WILLFULLY DELAY OR OBSTRUCT ANY PUBLIC OFFICER. THIS ORDINANCE AMENDS PART 10, CHAPTER 6, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 10-614, OBSTRUCTION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Offenses against Public Authority, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying a new ordinance as follows: SECTION 10-614 OBSTRUCTION It shall be unlawful for any person to willfully delay or obstruct any public officer in the discharge of the public officer's duties. SECTION TWO (2): REPEALER 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 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. 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 day of March, 2010. Julie Lombardi City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ORDINANCE NO. 966 - REPEAL OF RESISTING PUBLIC OFFICIALS ORDINANCE DATE: March 12, 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 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: Ordinance No. 963 - 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. Ordinance No. 964 - 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. Ordinance No. 965 - 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 performance 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. Ordinance No. 966 - 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 recommends City Council approval of Ordinance No. 966. ATTACHMENTS: A. Ordinance No. 966 - Repeal of Resisting Public Officials Ordinance CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 966 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 CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Offenses against Public Authority, Section 10-612, Resisting Public Officials, of the Code of Ordinances of the City of Owasso, Oklahoma, SHALL BE REPEALED: Section 10-612 to be repealed reads as follows: SECTION 10-612 RESISTING PUBLIC OFFICIALS It is unlawful for any person knowingly or willfully to: 1. Obstruct the chief of police, any other police officer, the municipal judge, or any other officer or employee of the city in the discharge of his official duties; 2. Threaten or otherwise intimidate or attempt to intimidate any such officer or employee from the discharge of his official duties; or 3. Assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent language toward or about, any such officer or employee while such officer or employee is in the discharge of his official duties. SECTION TWO (2): REPEALER 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 the Owasso Code of Ordinances. 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 day of March, 2010. Julie Lombardi City Attorney