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HomeMy WebLinkAbout377_Relating to E_911 Telephone ServiceBOOK 5080 PAGE 1670 676838 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 88 FEB 16 PM 12:30 JOAN HASTINGS TULSA COUNTY CLERK ORDINANCE NO. 377 CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO NINE- ONE -ONE EMERGENCY TELEPHONE SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF OWASSO; AMENDING PART THIRTEEN, PUBLIC SAFETY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA BY ADDING A NEW CHAPTER 6, SECTIONS 13 -600 THROUGH 13 -610 INCLUSIVE; PROVIDING A SHORT TITLE; DEFINING TERMS; LEVYING AN EMERGENCY TELEPHONE TAX, PURSUANT TO 63 O.S.SUPP.1986, SECTIONS 2811 ET SEQ., OF FIVE PERCENT (5 %) OF THE TARIFF RATE FOR THE FIRST YEAR AND THREE PERCENT (3 %) FOR THE FOLLOWING TWO YEARS; PROVIDING FOR THE ANNUAL FIXING OF THE EMERGENCY TELEPHONE TAX RATE; PROVIDING FOR THE COLLECTION OF THE EMERGENCY TELEPHONE TAX; PLACING THE ADMINISTRATION OF THE EMERGENCY TELEPHONE SERVICE UNDER THE POLICE DEPARTMENT; CREATING AN EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD; PRESCRIBING THE DUTIES OF SAID MANAGEMENT BOARD; PROVIDING FOR TERMINATION OF THE EMERGENCY TELEPHONE TAX; PROVIDING AN OPERATIVE DATE FOR THIS ORDINANCE; MAKING IT AN OFFENSE TO WILLFULLY FAIL TO REMIT THE EMERGENCY TELEPHONE TAX AND PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), EXCLUDING COSTS; MAKING IT AN OFFENSE TO CALL THE NUMBER NINE -ONE -ONE TO REPORT FALSE INFORMATION AND PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) EXCLUDING COSTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND DECLARING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That Part Thirteen of the Code of Ordinances of the City of Owasso, Oklahoma, be and the same is hereby amended by adding a new chapter thereto, to be codified as Chapter 6, Sections 13 -600 through 13 -610 inclusive and to read as follows: SECTION 13 -600 SHORT TITLE This Chapter shall be known and may be cited as the "The Owasso Nine - One -One Emergency Number Ordinance." SECTION 13 -601 DEFINITIONS As used in this Chapter the following words and phrases shall have the following meaning: A. "Emergency telephone service" shall mean a telephone system utilizing a three-digit number, nine-one-one (911), for reporting any emergenct to the appropriate public agency providing law enforcement, fire medical, or other emergency services within the corporate limits of the city of owasso. B. "Emergency telephone tax" shall mean a tax used to finance the operation of the emergency telephone service, so as to provide service users within the corporate limits of the City of Owasso access to the emergency telephone service. BOOK 5080 PAGE 1671 operate the emergency telephone service. C. Development, supervision and administration of the budget and expenditure of funds for the emergency telephone service, consistent with the budget, financial, and legal policies and procedures of the City. D. The recommendation to City of the terms and conditions agencies and suppliers related emergency telephone service. the governing body of the of contracts with outside to the utilization of the E. The planning of activities associated with services, facilities and resources related to the operation of the emergency telephone service. F. The identification, for acquisition, of capital additions, facilities, improvements and expansions and all other needs of the emergency telephone service, consistent with the City's budgetary and capital improvement policies and procedures. B. The effective and efficient operation of the emergency telephone service. SECTION 13 -607 TERMINATION OF TAX The emergency telephone tax imposed by this Chapter shall terminate no later than three years after the first collection of said tax, unless renewed in accordance with the provisions of the Oklahoma Nine - One -One Emergency Number Act. SECTION 13 -608 FAILURE TO REMIT TAX Any service user willfully failing or refusing to remit or pay any emergency telephone tax or portion thereof rightfully due under this Chapter shall be guilty of an offense, and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00), excluding costs. Each separate failure or refusal to remit or pay the emergency telephone tax hereof shall be deemed a separate offense and shall be punished accordingly. SECTION 13 -609 FALSE No person shall call the number nine - one -one for the purpose of making a false alarm or complaint or reporting false information which could result in the dispatch of emergency services from any public agency. Any person violating the provisions of this Section, upon conviction, shall be guilty of an offense punishable by a fine not to exceed Two Hundred Dollars ($200.00), excluding costs. SECTION 13 -610 OPERATIVE DATE This Chapter shall be operative sixty (60) days after its publication unless its passage is made subject to an election provided for in Title 63 O.S.Supp.1986, S 2814. Section 2. If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect and to this end, the provisions of this ordinance are hereby declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict therewith are hereby repealed. BOOK5080 PASE 1672 SECTION 13 -603 COLLECTION OF TAX A. The emergency telephone tax shall be collected monthly by a local exchange telephone company at the same time charges for exchange telephone services are collected and in accordance with the regular billing practices of said company. However, collection of the emergency telephone tax shall not begin prior to ninety (90) days before operation of an emergency telephone service acceptable to the governing body of the City. In the event any service user tenders a payment in an amount insufficient to satisfy all charges for tariff rates, credit shall be given first to the emergency telephone tax. B. All taxes collected by a local exchange telephone company pursuant to this Chapter shall be remitted to the City, together with any accumulated interest, no later than thirty (30) days, after the close of the month in which the fees were collected. Such remittance shall be submitted with a return on a form acceptable to the City and the local exchange telephone company. C. The local exchange telephone company shall maintain a complete and accurate set of records on the amount of any taxes collected. Such records shall be maintained for a period of one (1) year from the end of any fiscal year in which the tax was collected. The City may, at its own expense, require an annual audit of such records. SECTION 13 -604 ADMINISTRATION OF TELEPHONE SERVICE Nine - one -one emergency telephone services of the City of Owasso shall be under the administration of the Owasso Police Department. The Police Department is hereby authorized, empowered and charged with the duty to maintain, operate and administer the emergency telephone service consistent with the distinctive duties, responsibilities and expertise of the Fire Department, the Police Department, the Ambulance Service, and subject to the powers and duties of the Emergency Telephone Service Management Board. SECTION 13 -605 EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD CREATED There is hereby created an Emergency Telephone Service Management Board whose membership shall comprise the Chief of the Owasso Fire Department; the Chief of the Owasso Police Department and the City Manager of the City of Owasso. Each member of the Board shall have one vote. The Board shall elect a Chairperson, Vice- Chairperson, Secretary, and other such officers as they deem necessary. Officers shall serve a term of two (2) years. Regular meetings of the Board shall be held as often as a majority of the Board deems proper. Special and Emergency meetings of the Board may be called by any member. SECTION 13 -606 DUTIES OF THE EME TELEPHONE SERVICE BOARD The Emergency Telephone Service Management Board is hereby authorized, empowered and charged with the following duties: A. Establishment of all policies, procedures, rules and regulations governing the utilization of the emergency telephone service of the City of Owasso by any department, agency or entity. B. The recommendation of qualifications and standards for subordinate employees and positions authorized to BOOK 5080 PAGE 1673 C. "City" shall mean the City of Owasso, Oklahoma, a municipal corporation. D. "Local exchange telephone company" shall mean any company providing exchange telephone service to any service user within the corporate limits of the City of Owasso. E. "Person" shall mean any individual, firm, partnership, co- partnership, joint venture, association, cooperative organization, private corporation, whether organized for profit or not, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, the state, political subdivisions of the state, state agencies, departments, commissions, boards, bureaus or any other service user within the corporate limits of the City of Owasso. F. "Service user" shall mean any person, not lawfully exempted from the tax defined herein, who is provided exchange telephone service within the corporate limits of the City of Owasso. G. "Tariff rate" shall mean the rate or rates billed by the local exchange telephone company stated in tariffs applicable for such company as approved by the Oklahoma Corporation Commission, which represents the recurring charges of the local exchange telephone company for exchange telephone service or its equivalent, exclusive of all taxes, fees, licenses or similar charges whatsoever. SECTION 13 -602 EMERGENCY TELEPHONE TAX A. There is hereby levied, upon all service users subject to the jurisdiction of the City of Owasso for which emergency telephone service has been contracted, an emergency telephone tax, pursuant to 63 O.S.Supp.1986, § 2811, et seq., in the amount of five percent (5 %) of the tariff rate in the first year of the tax, and in the amount of three percent (3 %) of the tariff rate for the following two years. Such tax, as herein provided, shall be imposed for a period of three (3) years, after first collection of said tax; after which the governing body of the City may renew the levy of such tax by amendment hereto, for no longer than three (3) years at a time. Amounts collected in excess of that necessary for operation within a given year shall be carried forward to subsequent years. No such tax shall be imposed upon more than one hundred exchange access lines or its equivalent per person per location. B. At least once each calendar year after first collection of said tax, Paragraph A hereof notwithstanding, the governing body of the City shall establish a tax rate, by amendment hereof, if necessary, not to exceed an amount authorized by the Oklahoma Nine - One -One Emergency Number Act. The rate so fixed, together with any surplus revenues, shall not exceed sufficient revenues to fund authorized expenditures for operation of the emergency telephone service. The governing body shall make its determination of the tax rate each year after the first collection of said tax no later than September 1 and shall fix the new rate, if any, to take effect commencing with the first billing period of each service user on or following the next January 1. C. The governing body of the City shall, at least ninety (90) days before any new rate shall become effective, notify each local exchange telephone company providing emergency telephone service to areas within the jurisdiction of the City of Owasso of the new rates by certified mail. BOOK 5080 PAGE 1674 Section 4. This Ordinance shall take effect upon the expiration of thirty (30) days from the date of first publication. PASSED and approved this 19th day of January, 1988. CITY OF OWASSO, OKLAHOMA VON E. STOCKLER, MAYOR ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney Affidavit Of Publication u - UCATE 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 Tulsa 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 of 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 21 & 28th, 1988 Subscribed and sworn to before 8th Notary Public My Commission eapires PUBLLSHER'SFEE $189.68 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, January 28,1988. ORDINANCE NO. 377 CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO NINE - ONE -ONE EMERGENCY TELEPHONE SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF OWASSO; AMENDING PART THIRTEEN, PUBLIC SAFETY, OF THE CODE OF OR- DINANCES OF THE CITY OF OWASSO, OKLAHOMA BY ADDING A NEW CHAPTER 6, SECTIONS 13-M THROUGH 13810 INCLUSIVE; PROVIDING A SHORT TITLE; DEFINING TERMS; LEVYING AN EMERGENCY TELEPHONE TAX, PURSUANT TO 63 O.S. SUPP. 1966, SECTIONS 2611 ET SEQ., OF FIVE PERCENT (5 %) OF THE TARIFF RATE FOR THIN FIRST YEAR AND THREE PERCENT (3 %) FOR THE FOLLOWING TWO YEARS; PRO- VIDING FOR THE ANNUAL FIXING OF THE EMERGENCY TELE- PHONE TAX RATE; PROVIDING FOR THE COLLECTION OF THE EMERGENCY TELEPHONE TAX; PLACING THE ADMINISTRATION OF THE EMERGENCY TELE- PHONE SERVICE UNDER THE POLICE DEPARTMENT; CREATING AN EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD; PRESCRIBING THE DUTIES OF SAID MANAGEMENT BOARD; PROVIDING FOR TERMINATION OF THE EMERGENCY TELE- PHONE TAX; PROVIDING AN OPERATIVE DATE FOR THIS ORDINANCE; MAKING IT AN OFFENSETO WD.LFULLYFAILTO REMIT THE EMERGENCY TELEPHONE TAX AND PRO- VIDING A - PENALTY NOT TO EX- CEED TWO HUNDRED DOLLARS ($200.00), EXCLUDING COSTS; MAKING IT AN OFFENSE TO CALL THE NUMBER NINE-ONE-ONE TO REPORT FALSE INFORMATION AND PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) EXCLUDING COSTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF OR- `DINANCES IN CONFLICT; AND DECLARING AN EFFECTIVE DATE NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That Part Thirteen of the Code of Ordinances of the City of Owasso, Oklahoma, be and the same is hereby amended by adding a new chapter thereto, to be codified as Chapter 6, Sections 13-M through 13-610 inclusive and to read as follows: SECTION 13-M SHORTTMZ This Chapter shall be known and may be cited as the "The Owasso Nine- One -One Emergency Number Ordi- nance." SECTION 13{01 DEFINInONS As used in this Chapter the following words and phrases shall have the fol- lowingmeanings: A. "Emergency telephone service" shall mean a telephone system utilizing a tbreedfgit number, nineoneone (911), for reporting any emergency to the ap- propriate public agency providing law enforcement, fire, medical, or other emergency services within the corporate limits of the City of Owasso. B. "Emergency telephone tax" shall mean a tax used to finance the operation of the emergency telephone service, so as to provide service users within the cor- porate limits of the City of Owasso access to the emergency telephone service. C. "City" shall mean the City of Owasso, Oklahoma, a municipal cor- poration. D. "Local Exchange telephone com- pany" shall mean any company providing exchange telephone service to any ser- vice user within the corporate limits of the City of Owasso. E. `Person" shall mean any individual, firm, partnership, co-partnership, joint venture, association, cooperative organization, private corporation, whether organized for profit or not, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, the state, political sub- divisions of the state, state agencies, departments, commissions, boards, bureaus of any other service user within the corporate limits of the City of Owasso. F. "Service user" shall mean any person, not lawfully exempted from the tax defined herein, who is provided ex- change telephone service within the corporate limits of the City of Owasso. G. "Tariff rate" shall mean the rate or rates billed by the local exchange tele- phone company stated in tariffs ap- plicable for such company as approved by the Oklahoma Corporation Commission, which represents the recurring charges of the local exchange telephone company for exchange telephone service or its equivalent, exclusive of all taxes, fees, licenses or similar charges whatsoever. SECTION 13 -602 EMERGENCY TELEPHONETAX A. There is hereby levied, upon all service users subject to the jurisdiction of the City of Owasso for which emergency telephone service has been contracted, an emergency telephone tax, pursuant to 63 O.S. Supp. 1986, Section 2811, at seq., in the amount of five percent (5 %) of thel tariff rate in the first year of the tax, and in the amount of three percent 0 %) of the tariff rate for the following two years. Such tax, as herein provided, shall be unposed for a period of three (3) years, after fast collection of said tax; after which the governing body of the City may renew the levy of such tax by amendment hereto, for no longer than three (3) years at a time. Amounts collected in excess of that necessary for operation within a given year shall be carried forward to subsequent years. No such tax shall be imposed upon more than one hundred exchange access lines or its equivalent per person per location. B. At least once each calendar year after first collection of said tax, Paragraph A hereof notwithstanding, the governing body of the City shall establish a tax rate, by amendment hereof, if necessary, not to exceed an amount authorized by the Oklahoma Nine - One-One Emergency Number Act. The rate so fixed, together with any surplus revenues, shall not exceed sufficient revenues to fund authorized expenditures for operation of the emergency telephone service. The governing body shall make its determination of the tax rate each year after the first collection of said tax no later than September 1 and shall fix the new rate, if any, to take effect com- mencing with the first billing period of each service user on or following the next January 1. C. The governing body of the City shall, at least ninety (90) days before any new rate shall become effective, notify each local exchange telephone company providing emergency telephone service to areas within the jurisdiction of the City of Owasso of the new rates by certified mail. SECTION 13.803 COLLECTION OF TAX A. The emergency telephone tax shall be collected monthly by a local exchange telephone company at the same time charges for exchange telephone services are collected and in accordance with the regular billing practices of said company. However, collection of the emergency telephone tax shall not begin prior to ninety (90) days before operation of an emergency telephone service acceptable to the governing body of the City. In the event any service user tenders a payment in an amount insufficient to satisfy all charges for tariff rates, credit shall be given first to the emergency telephone tax. B. All taxes collected by a local ex- change telephone company pursuant to this Chapter shall be remitted to the City, together with any accumulated interest, no later than thirty (30) days, after the close of the month in which the fees were collected. Such remittance shall be submitted with a return on a form ac, ceptable to the City and the local ex- change telephone company. C. The local exchange telephone company shall maintain a complete and accurate set of records on the amount of any taxes collected. Such records shall be maintained for a period of one (1) year from the end of any fiscal year in which the tax was collected. The City rosy, at its own expense, require an annual audit of such records. SECTION 13607 ADMINISTRATION OF EMERGENCY TELEPHONE SERVICE Nine-one-one emergency telephone services of the City of Owasso shall be under the administration of the Owasso Police Department. The Police Department is hereby authorized, em- powered and charged with the duty to maintain, operate and administer the emergency telephone service consistent with the distinctive duties, respon- sibilities and expertise of the Fire Department, the Police Department, the Ambulance Service, and subject to the powers and duties of the Emergency Telephone Service Management Board. SECTION 13 -605 EMERGENCY TELEPHONE SERVICE MANAGE - MENT BOARD CREATED There is hereby created an Emergency Telephone Service Management Board whose membership shall comprise the Chief of the Owasso Fire Department; the Chief of the Owasso Police Department and the City Manager of the City of Owasso. Each member of the Board shall have one vote. The Board shall elect a Chairperson, Vice - Chairperson, Secre- tary, and other such officers as they deem necessary. Officers shall serve a term of two (2) years. Regular meetings of the Board shall be held as often as a majority of the Board deems proper. Special and Emergency meetings of the Board may be called by any member. SECTION 13806 DUTIES OF THE EMERGENCY TELEPHONE SERVICE MANAGEMENTBOARD The Emergency Telephone Service Management Board is hereby authorized, empowered and charged with the fol- lowing duties: A. Establishment of all policies, pro- cedures, rules and regulations governing the utilization of the emergency telephone service of the City of Owasso by any department, agency or entity. B. The recommendation of qualifica- tions and standards for subordinate employees and positions authorized to operate the emergency telephone service. C. Development, supervision and administration of the budget and ex- penditure of funds for the emergency telephone service, consistent with the budget, financial, and legal policies and procedures of the City. D. The recommendation to the gov- erning body of the City of the terms and conditions of contracts with outside agencies and suppliers related to the utilization of the emergency telephone service. E. The planning of activities associated with services, facilities and resources related to the operation of the emergency telephone service. F. The identification, for acquisition, of capital additions, facilities, improve- ments and expansions and all other needs of the emergency telephone service, consistent with the City's budgetary and capital improvement policies and pro- cedures. G. The effective and efficient operation of the emergency telephone service. SECTION 13407 TERMINATION OF TAX The emergency telephone tax imposed by this Chapter shall terminate no later than three years after the first collection of said tax, unless renewed in accordance with the provisions of the Oklahoma Nine-One-One Emergency Number Act. SECTION 13808 FAILURE TO REMIT TAX Any service user willfully failing or refusing to remit or pay any emergency telephone tax or portion thereof rightfully due under this Chapter shall be guilty of an offense, and upon conviction shall be Hu dr d Dollarss ($200.00), ea hiding costs. Each separate failure or refusal to remit or pay the emergency telephone tax hereof shall be deemed a separate offense and shall be punished accordingly. SECTION 13-M FALSE REPORTING No person shall call the number nine-one-one for the purpose of making a false alarm or complaint or reporting false information which could result in the dispatch of emergency services from any public agency. Any person violating the provisions of this Section, upon con- viction, shall be guilty of an offense punishable by a fine not to exceed Two Hmdred Dollars ($200.00), excluding costs. SECTION 13810 OPERATIVE DATE This Chapter shall be operative sixty (60) days after its publication unless its passage is made subject to an election provided for in Title 63 O.S. Supp. 1986, Section 2814. Section 2. If any s 'tion, subsection, paragraph, subpara aph, sentence, clause or phrase of thi Ordinance shall be declared invalid ;r any reason whatsoever, such decisici shall not affect the remaining portions of this Ordinance, which shall remain in full ce and effect and to this end, the of this Ordinance are hereby aced to be severable. Section 3. That all ordinances or parts of ordinances in conflict therewith are hereby repealed. Section 4. This Ordinance shall take effect upon the expiration of thirty (30) days from the date of first publication. PASSED and approved this 19th day of January, 1988. CITY OF OWASSO, OKLAHOMA /s/ VON E. STOCKLER, MAYOR' (SEAL) ATTEST: /s/ Jane Buchanan City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates City Attorney