HomeMy WebLinkAbout376_Repealing Ord 210 Ambulance DistrictBOOK 5080 PAGE 1676 676839
STATE OF OKLAHOMA
TULSA COUNTY
FILED OR RECORDED
88 FEB 16 PM 12:30
JOANHASTINGS
TULSA COUNTY CLERK
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER: 376
AN ORDINANCE RELATING TO PART 8, HEALTH AND
SANITATION, CHAPTER SIX, AMBULANCE SERVICE
DISTRICT ESTABLISHED, SECTIONS 8 -601 THROUGH
8 -618, CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, REPEALING PART 8, HEALTH AND
SANITATION, CHAPTER SIX, AMBULANCE SERVICE
DISTRICT ESTABLISHED, SECTIONS 8 -601 THROUGH
8 -618, CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AND DECLARING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT:
Section 1: Part 8, Health and Sanitation, Chapter
Six, Ambulance Service District Established, sections 8 -601
through 8 -618, of the Code of Ordinances of the City of
Owasso, Oklahoma, are hereby expressly repealed.
Section 2: This Ordinance, upon passage, shall
become effective thirty (30) days after the date of first
publication hereof as provided by law.
APPROVED this 19th day of January, 1988.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
Von E. Stockler, Mayor
Attest: Jane Buchanan, City Clerk
APPROVED AS TO FORM: Ronald D. Cates
City Attorney
BOOK5080PAGE 1677
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COUNTY, as:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso Reporter a weekly
newspaper printed in the City of Tu1sa
Tulsa County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1983 as amended, and thereafter, and complies with
all other requirements of the laws Oklahoma with
reference to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication and
not in a supplement, on the following dates:
January 28, 1988
Notary Public
My Commission expires:
PUBLISHER'S FEE $21.47
Published in the Owasso Reporter,
Owasso, Tulsa County, Oklahoma,
January 28, 1988.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER: 376
AN ORDINANCE RELATING TO
PART 81 HEALTH AND SANITA-
TION, CHAPTER SIX, AMBULANCE
SERVICE DISTRICT ESTAB-
LISHED, SECTIONS 8-601 THROUGH
8.618, CODE OF ORDINANCES OF
THE CITY OF OWASSO,
OKLAHOMA, REPEALING -PART 8,
HEALTH AND SANITATION,
CHAPTER SIX, AMBULANCE
SERVICE DISTRICT ESTAB-
LISHED, SECTIONS 8801 THROUGH
8818, CODE OF ORDINANCES OF
THE CITY OF OWASSO,
OKLAHOMA, AND DECLARING AN
EFFECTIVEDATE.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CTTT OF OWASSO,
OKLAHOMA, THAT:
Section 1: Part 8, Health and Sanita-
tion, Chapter Six, Ambulance Service
District Established, Sections 8 -601
through 8818, of the Code of Ordinances
of the City of Owasso, Oklahoma, are
hereby expressly repealed.
Section 2: This Ordinance, upon
passage, shall become effective thirty
(30) days after the date of first publica-
tion hereof as provided by law.
APPROVED this 19th day of January,
1988.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
/s/ Von E. Stockler, Mayor
(SEAL)
Attest:
/s /JaneBucbanan
City Clerk
APPROVEDASTO FORM:
/s /Ronald D. Cates
City Attorney
NN62
Affidavit Of Publication
Published in the Owasso Reporter,
Owasso, Tulsa County, Oklahoma,
STATE OF OKLAHOMA, TULSA COUNTY,
January 28,1988.
ss:
Bill R. Retherford, Of lawful age, being duly sworn
CITYOFOwASSO, OKLAHOMA
ORDINANCE NUMBER: 376
and authorized, says that he is the publisher of the
AN ORDINANCE RELATING TO
PART 8, HEALTH AND SANITA-
OwaSSO Reporter
TION, CHAPTER SIX, AMBULANCE
SERVICE DISTRICT ESTAB-
a weekly
LiSHED, SECTIONS 8601 THROUGH
newspaper printed in the City of Tulsa
8-618, CODE OF ORDINANCES OF
THE CITY OF OWASSO,
Tulsa County, Oklahoma, a newspaper qualified to
OKLAHOMA, REPEALING PART 8,
HEALTH AND SANITATION,
Publish legal notices, advertisements and publications as
CHAPTER SIX, AMBULANCE
SERVICE DISTRICT ESTAB-
LISHED, SECTIONS M01 THROUGH
Provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1983 as amended, and thereafter, and complies with
OKLAHOMA, AND DECLARING AN
all other requirements of the laws of Oklahoma
BE T ORDAINED BY THE CITY
COUNCIL OF THE CM OF OWASSO,
with
OKLAHOMA,THAT:
reference to legal publications.
Section 1: Part 8, Health and Sanita-
tion, Chapter Si a, Ambulance Service
That said notice, a true copy Of which is attached
District Mol
through 18,aofuthe Code of actions
hereto, was published in the regular edition of said
Of the City of Owasso, Oklahoma, are
hereby expresslyrepealed.
newspaper during the period and time of publication and
Section 2: This Ordinance, upon
Page, shall become effective thirty
(30) days after the date of first publica-
not in a supplement, on the following dates:
lion hereof as provided bylaw.
.1atluaYy 2$ tit
APPROVED this 19th day of January,
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
9ethis.
/s /Von E.Stockler, Mayor
Subscribed and sworn to
(SEAL)
Attest:
/s /Jane Buchanan
APPROrVED AS TO FORM:
/s /Ronald D. Cates
City Attorney
Notary Public
My Commission expires: September 13, 1991
PUBLISHER'S FEE $. 21.47
NN62
JOHN L. BOYD
ROBERT J. NICHOLS, P.C.
RONALD D. CATES
JEFF G. BOYD
JANE ANN COBS
OF COUNSEL
JOHN F. CURRAN
January 13, 1987
BOYD, NICHOLS & CATES
ATTORNEYS AND COUNSELORS AT LAW
SUITE BOO GRANTSON BUILDING
III WEST FIFTH STREET
TULSA, ORT.AW024A 74103
918/582 -3222
Councilmember Patricia Marlar
C/o City of Owasso
207 South Cedar
Owasso, Oklahoma 74055
OWASSO OFFICE
SUITE 102 EXECUTIVE OFFICE CENTER
12620 EAST 66Th STREET NORTH
OWASSO, OKLAHOMA 74055
916/272 -9592
Rep Inquiry Concerning Necessity of Election For
Dissolution of Emergency Medical Services District
As Well As Approval of Repeal of Ordinance 210,
Adopted the 7th Day of June, 1977, as Subsequently
Ratified by the Qualified Electors of the City of
Owasso, Oklahoma, Now Code 8 -601 through 8 -618
Dear Councilmember Marlar:
In accordance with your request, I have reviewed the
documentation relative to adoption of Ordinance Number 210,
June 7, 1977, now Code of Ordinances of the City of Owasso,
Oklahoma, Sections 8 -601 through 8 -618, as well as the
Emergency Medical Services District purportedly created
thereby, together with the authorities pertaining to same
for purposes of ascertaining the necessity of an election to
dissolve said district as well as repeal the aforementioned
Ordinance.
Initially, the following should be observed, to -wit:
June 7, 1977, the City Council of the City of Owasso,
Oklahoma, passed Ordinance Number 210 thereby seeking
formation of an Emergency Medical Service District
authorized under the provisions of Article Ten, Section
9 -C of the Constitution of the State of Oklahoma. As
mandated by the provisions of the aforesaid Ordinance,
the matter was subsequently referred to the qualified
electors of the City of Owasso, Oklahoma, for purposes
of accepting or rejecting such proposal. Subsequently,
Councilmember Patricia Marlar
January 13, 1988
Page Two:
the qualified electors of the City of Owasso, Oklahoma,
did approve the creation of an Emergency Medical
Service District as authorized by Article Ten, Section
9 -C of the Constitution of the State of Oklahoma;
2. Since adoption of Ordinance 210 and electoral approval
of same, no evidence can be found indicating the actual
creation of the proposed Emergency Medical Service
District. In this respect, it must be observed that
the Emergency Medical Service District as contemplated
by Article Ten, Section 9 -C of the Constitution of the
State of Oklahoma, would constitute a legal entity
separate and apart from the municipality, i.e., the
City of Owasso, Oklahoma. There exists no evidence
indicating the governing body of said City, as
ex- officio trustees of the Emergency Medical Service
District having ever met or taken any action in regards
to the Emergency Medical Service District;
3. The City, through its municipal department, the Fire
Department, has prior and subsequent to adoption of
Ordinance 210 provided all ambulance services for the
citizenry. In that respect, all employees engaged in
the provision of ambulance services have continually
been employees of the City of Owasso, Oklahoma, and not
a separate legal entity denoted the Emergency Medical
Service District, as well as all expenses incident to
operation of the ambulance service have come from
general fund monies of the City of Owasso, Oklahoma;
4. No evidence exists that the Emergency Medical Service
District has ever been audited by the State Examiner
and Inspector as required by law.
Based on the foregoing, two questions are presented. First,
whether a vote of the qualified electors of the City of
Owasso, Oklahoma, is required for dissolution of the
Emergency Medical Service District intended to be created
under the provisions of Article Ten, Section 9 -C of the
Constitution of the State of Oklahoma. Secondly, whether a
vote of the qualified electors of the City of Owasso,
Oklahoma, is required for repeal of Ordinance 210, June 7,
1977, now Code of Ordinances of the City of Owasso,
Oklahoma, Sections 8 -601 through 8 -618.
Councilmember Patricia Marlar
January 13, 1988
Page Three:
Regarding the first question, it is my opinion that Article
Ten, Section 9 -C of the Constitution of the State of
Oklahoma, the enabling legislation for emergency medical
service districts, contemplates that any dissolution of such
district be accomplished by a majority vote of the
registered voters voting at an election called for such
purpose. See, Oklahoma Constitution, Art. Ten, § 9 -C,
Subsection K. Further, it is opined that the referenced
requirement would be equally applicable to a municipally
created district. See, Oklahoma Constitution, Art. Ten, §
9 -C, Subsection O. However, the requirement for dissolution
of an Emergency Medical Service District necessarily
contemplates the existence of such district at the time of
sought dissolution. As previously observed, notwithstanding
the promulgation of an Ordinance seeking creation of an
Emergency Medical Service District as well as approval of
same by the qualified voters of the City of Owasso,
Oklahoma, such district simply never came into lawful
existence. Therefore, it is my opinion that no dissolution,
nor vote of the qualified electors approving such, is
necessary.
Regarding the second question, it is my opinion that repeal
of Ordinance Number 210, June 7, 1977, now Code of
Ordinances of the City of Owasso, Oklahoma, Sections 8 -601
through 8 -618, does not require the approval of the
qualified voters of the City of Owasso, Oklahoma. In that
respect, it is observed that such Ordinance was, by referral
from the legislative authority, approved by the qualified
voters of the City. Nevertheless, it is a long standing
principle of law that laws proposed and enacted by the
people under the initiative provisions of the Constitution
of the State of Oklahoma as well as the Charter of a
municipality are subject to the same constitutional
limitations as are other Statutes or Ordinances, and that by
reason thereof, such may be amended or repealed by the
legislative body of the City, at the legislative body's
will, provided such amendment or repeal is consistent with
the Constitution and Statutes of the State of Oklahoma as
well as the Charter of the municipality. Granger v. City of
Tulsa, Okl., 51 P.2d 567. Such, as a matter of
Constitutional interpretation, would be equally applicable
to an exercise of referendum rights of the people. The
foregoing is predicated upon there being no express
provision in the State Constitution prohibiting the State
Legislature or a municipal legislative body from repealing
Councilmember Patricia Marlar
January 13, 1988
Page Four:
or amending the measures initiated by the people of the
state or the municipality, respectively. Therefore, rights
reserved to the citizens of a municipality relative to
initiative and referendum under a City Charter and State
Constitution, are no different than the rights reserved to
the people of the state by the Constitution. Granger,
supra, Okla.Const. Art. 5, §§ 1,2,5,7., Art. 18, § 4(a).
Judicial interpretation thereof has determined that the
exercise of the right of initiative or referendum does not
deprive a legislative body of the right to amend or repeal
any such law so adopted, or to propose or pass any measure
which otherwise would be consistent with the Constitution of
the state and of the United States as well as any Charter
limitations pertaining thereto. With the foregoing
principles in mind, Ordinance Number 210, June 7, 1977, now
Code of ordinances of the City of Owasso, Oklahoma, Sections
8 -601 through 8 -618, although containing a referendum by
legislative directorate instead of citizen referendum
petition, may nonetheless be amended, modified or repealed
by the proper legislative authority of the City, to -wit: the
City Council of the City of Owasso, Oklahoma, without
approval of the voters. This is not to suggest that any
Ordinance repealing Ordinance Number 210 would not, as in
the case of other Ordinances, be subject to the referendum
powers of the citizenry. This shall be understood only to
mean that under the authorities aforementioned,
notwithstanding the fact that the Ordinance was adopted by
the City Council and subsequently approved by the vote of
the people, such may nonetheless be repealed by the City
Council without a vote of the people.
It is therefore my opinion on the questions presented that
although majority vote approving the dissolution of an
Emergency Medical Service District would be necessary for
the dissolution of same, under the circumstances as
presented here wherein such district never came into
existence, no dissolution, nor vote thereon is required.
Further, notwithstanding the fact of voter approval pursuant
to a legislatively mandated referendum of Ordinance Number
210, such Ordinance may nevertheless be repealed by the
legislative body of the City without voter approval thereon.
I hope the foregoing meets with your needs at this time.
Should you have any questions or comments concerning same
Councilmember Patricia Marlar
January 13, 1988
Page Five:
please do not hesitate to contact me at your earliest
truly yours,
Ronald D. Cates
City Attorney
RDC.Rb
cc: Mr. Rodney Ray, City Manager
Mayor Stockler and Councilmembers of the City of
Owasso, Oklahoma