HomeMy WebLinkAbout571_Increasing E 911 Fee to 5 percentTULSA COUNTY CLERK - JOAN HASTINGS RCPT 277676 04/13/98 09:05:45
DOC # 98036803 FEE 0.00 PGS 2 B/P 6035/2673-2674
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 571
AN ORDINANCE RELATING TO PART 13, PUBLIC
SAFETY, CHAPTER 6, 911 EMERGENCY TELEPHONE
SERVICE, SECTION 13-604, COLLECTION OF FEE, OF
THE CODE OF ORDINANCES OF THE CITY OF OWASSO
OKLAHOMA, REPEALING SECTION 13-604 AND
ADOPTING A REVISED SECTION 13-604 SERVICE FEE
ON TARRIF ON TELEPHONE SERVICE, DECLARING AN
EFFECTIVE DATE.
WHEREAS, under the provision of 63 o.s. Section 2815 the municipality is authorized
by ordinance to impose a tariff fee in an amount not to exceed five percent (5%) during the first
year of the fee and not to exceed three percent (3%) in any year thereafter of the tariff rate in
areas subject to the jurisdiction of the municipality for which emergency telephone service has
been contracted, provided that after the first year of operation when the governing body of the
municipality determines there exists a need for ancillary communication systems necessary to pass
the reported emergency to the appropriate emergency service and personnel, the governing body
by ordinance may restore such fee in an amount not to exceed five percent (5%) for such
additional time as needed for said ancillary communications equipment; and,
WHEREAS, the governing body of the City of Owasso, Oklahoma, has determined there
exists a need for ancillary communication systems necessary to pass the reported emergency to
the ppropriate emergency service and personnel and therefore that restoration of the fee to the
amount of five percent (5%) is necessary,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT:
Section One: Part 13, Public Safety, Chapter 6, 911 Emergency Telephone Service,
Section 13-604, Collection of Fee, of the Code of Ordinances of the City of Owasso, Oklahoma,
shall be repealed and in lieu thereof thereby provided the following, to-wit: Section 13-604,
Collection of Fee
There is hereby imposed upon the tariff charges for exchange
telephone service or it's equivalent of the local exchange telephone
company providing service within the corporate limits of the City of
Owasso, Oklahoma, a fee of five percent (5%). three percent
(3%) of the proceeds of the fee shall be utilized to pay for the
operation of emergency telephone service as specified in Section
2813 of Title 63 of the Oklahoma Statutes. Two percent (2%) of
the proceeds of the fee shall be utilized of the purchase of ancillary
communication systems necessary to pass the reported emergency
to the appropriate emergency service and personnel. such two
percent (2%) fee shall remain in effect for such time as the City
Council of the City of Owasso, Oklahoma, deems necessary for the
purposes aforestated
Section Two: That this Ordinance shall be effective thirty (30) days from the date of first
publication as provided byState Law provided, however, such fees herein set forth shall be
assessed and collected from the 1st day of May, 1998, until the 30th day of June, 2001,
whereupon such fee assessment and collection shall cease unless otherwise ordained.
APPROVED this 17th day of February, 1998.
CITY OF OWASSO, OKLAHOMA
By: Mary Lou Barnhouse, Mayor
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM: Ronald D Cates, City Attorney
Affidavit
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso Reporter, a weekly newspaper published in
the City of Owasso, Tulsa County, Oklahoma, a news-
paper qualified to publish legal notices, advertise-
nents and publications as provided in Section 106 of
Title 25, Oklahoma Statutes 1971 and 1933 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:
March 12th 1998
Subscribed and sworn to before me this "
day of
My Commission expires:
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
March 12, 1998.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 571
AN ORDINANCE RELATING TO PART 13, PUBLIC SAFETY, CHAPTER
6, 911 EMERGENCY TELEPHONE SERVICE, SECTION 13-604, COL-
LECTION OF FEE, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO OKLAHOMA, REPEALING SECTION 13-604 AND ADOPTING
A REVISED SECTION 13-604 SERVICE FEE ON TARIFF ON TELE-
PHONE SERVICE, DECLARING AN EFFECTIVE DATE.
WHEREAS, under the provision of 63 O. S. Section 2815 the municipality is
authorized by ordinance to impose a tariff fee in an amount not to exceed
five percent (5%) during the first year of the fee and not to exceed three per-
cent (3%) in any year thereafter of the tariff rate in areas subject to the juris-
diction of the municipality for which emergency telephone service has been
contracted; provided, that after the first year of operation when the govern-
ing body of the municipality determines there exists a need for ancillary
communication systems necessary to pass the reported emergency to the
appropriate emergency service and personnel, the governing body by ordi-
nance may restore such fee in an amount not to exceed five percent (5%)
for such additional time as needed for said ancillary communications equip-
ment; and,
WHEREAS, the governing body of the City of Owasso, Oklahoma, has
determined there exists a need for ancillary communication systems neces-
sary to pass the reported emergency to the appropriate emergency service
and personnel and therefore that restoration of the fee to the amount of five
percent (5%) is necessary,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, THAT
Section One: Part 13, Public Safety, Chapter 6, 911 Emergency Telephone
Service, Section 13-604, Collection of Fee, of the Code of Ordinances of the
City of Owasso, Oklahoma, shall be repealed and in lieu thereof thereby
provided the following, to -wit: Section 13-604, Collection of Fee
There is hereby imposed upon the tariff charges for exchange telephone
service or it' s equivalent of the local exchange telephone company provid-
ing service within the corporate limits of the City of Owasso, Oklahoma, a
fee of five percent (5%). Three percent (3%) of the proceeds of the fee shall
be utilized to pay for the operation of emergency telephone service as speci-
fied in Section 2813 of Title 63 of the Oklahoma Statutes. Two percent (29/)
of the proceeds of the fee shall be utilized of the purchase of ancillary com-
munication systems necessary to pass the reported emergency to the
appropriate emergency service and personnel. Such two percent (29/6) fee
shall remain in effect for such time as the City Council of the City of Owasso,
Oklahoma, deems necessary for the purposes aforestated.
Section Two: That this ordinance shall be effective thirty (30) days from the
date of first publication as provided by State law provided, however, such
fees herein set forth shall be assessed and collected from the list day of
May, 1998, until the 30th day of June, 2001, whereupon such fee assess-
ment and collection shall cease unless otherwise ordained.
APPROVED this 17th day of February, 199E
ATTEST:
/s/ Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ Ronald C. Cates
Ronald C. Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
By: /s/ Mary Lou Barnhouse
Mary Lou Barnhouse, Mayor
MEMORANDUM
TO: RODNEY J RAY
CITY MANAGER
FROM: MARIA A ALEXANDERP
CHIEF OF POLICE
SUBJECT: E911 REVENUE
DATE: February 10, 1998
BACKGROUND:
In 1987, the Oklahoma Legislature enacted a bill that allowed cities and counties to join together
to fund and operate regional "enhanced 911" emergency communication systems. As a result of that
legislation, a regional election covering portions of Tulsa, Creek and Rogers counties was conducted
on July 21, 1987 to determine if residents in those counties would approve a five percent E-911 fee
to be added to their telephone bills. Owasso voters approved the City's participation and fee
collection by a vote of 499 (yes) to 207 (no). (see attachment)
On August 16, 1988, Owasso officially approved an "interlocal agreement" providing for fifteen
cities and four counties to join together to share equipment and cost of operations (see attached).
Fees to operate the system were initiated for Owasso on November 1, 1988 at the 5 % level. Those
fees were authorized by passage of Ordinance #399 (attached) adopted on September 6, 1988. The
ordinance provided for Southwestern Bell Telephone Company to collect from each subscriber a fee
equal to 5 % of the customer's tariff rate for the first year and a fee equal to 3 % of the customer's
bill for the succeeding two years. On November 1, 1989, the E-911 fee was lowered to 3 % in
accordance with Ordinance #399 and state statutes. Ordinance #399 provided for a three year
collection of the E-911 fee and thus required a reaffirmation of the fee every three years thereafter.
In September of 1990, residents outside of the city but in the "272" exchange in Rogers County,
were added to the E-911 system at the request of the City of Owasso.
On July 16, 1991 (three years after enactment of Ordinance #399), the Council adopted Ordinance
#433 providing for the renewal of the collection of fees to fund Owasso's portion of the cost of
operating the system. Ordinance #433 re -authorized the collection of the E-911 fee at the 3 % level
previously used from October 1, 1991 through September 30, 1994. Subsequently on October 18,
1994 Ordinance #491 was approved, again renewing the collection of the E-911 fee at the 3 % level,
from October 1, 1994 through September 30, 1997.
ORDINANCE #571
FEBRUARY 10, 1998
PAGE 2
Oklahoma Legislature in 1992 adopted amendments to the statutes that allow cities to return to a 5 %
fee with a simple vote of the City Council. Several cities in the region have opted to increase their
fees from 3 % to 5 % to provide additional operating funds for their systems. Owasso has remained
on a 3 % fee schedule based on an evaluation of the cost of operating the system and a desire to not
increase the citizens tax burden since the actual cost of the system is covered.
In November 1997, residents of the City of Owasso overwhelmingly voted approval for a bond issue
which will allow renovation of the current city hall building for a police facility. Although funds
have been set aside for the renovation, the communications center is operating far behind the
technological curve and new equipment is needed. Very little from the current communication
center will be usable in the new facility once equipment update occurs. Therefore it is staff's
proposal that upon City Council approval, the current 3 % collection on telephone bills be increased
to 5%. It is estimated that this increase will provide approximately $34,000 annually or about
$100,000 over the three year period. The total cost of the renovation and equipment update for the
communication center is estimated at approximately $150,000.
Ordinance #571 (attached) if passed will provide the authorization necessary for Southwestern Bell
to collect the 5 % E-911 fees from all Owasso customers. The effective date for the ordinance is
July 1, 1998 through September 30, 2001. The ordinance increases the collection rate from 3 % to
5%. The fee is assessed to every telephone customer on a monthly basis and funds are to be used
exclusively for operation of an emergency communications system (salaries, equipment, buildings,
repair, replacement, etc.).
Please note that the increase of the E-911 fee can be achieved only through the enactment of a new
ordinance. Such change, contained in Ordinance #571 will only authorize the collection for three
years and will require Council action to continue the fee past
September 30, 2001.
RECOMMENDATION:
The staff recommends Council adoption of Ordinance #571.
ATTACHMENTS:
1. Ordinance #571
2. Memorandum re:
Projected increase in revenue
3. Ordinance #566
4. E-911 Fund Budget - 1997-98
5. Memorandum re:
Renewal of E-911 for 1994-97
6. Memorandum re:
Renewal of E-911 for 1991-94
7. Memorandum re:
Review of E-911 Fee for 1990-91
ORDINANCE #571
FEBRUARY 10, 1998
PAGE 3
8. City Manager's Report re: Adding Rogers County 272 Exchange Customers to Owasso E-
911 System
9. Resolution #89-07 re: Adding Rogers County 272 Exchange Customers to Owasso E-911
System
10. Correspondence With Southwestern Bell Dated 12/27/89
11. Correspondence With Southwestern Bell Dated 11/1/88
12. Memorandum re: Request for Adoption of Ordinance #399
13. Memorandum re: First E-911 Interlocal Agreement
14. Memorandum from INCOG re: Collection of E-911 Fee
15. Memorandum re: July 21, 1987 E-911 Vote -Owasso Results