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HomeMy WebLinkAbout970_Repeal Part 11 Ch 1 Section 11.101 thru 11.115Tulsa County Clerk - EARLENE WILSON Doc # 2010063790 Page(s): 6 Recorded 07122/2010 at 10:12 AM Receipt # 220318 Fee $21.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 970 AN ORDINANCE REPEALING PART 11, PARKS, RECREATION & CULTURAL AFFAIRS, CHAPTER 1, ADMINISTRATION AND CONTROL OF PARKS, SECTIONS 11- 101,11-102,11-103,11-104,11-105,11-106,11-107,11-108,11-109,11-111,11-114 and 11-115 OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE REPEALS PART 11, CHAPTER 1, SECTIONS 11-101,11-102,11-103, 11-104,11-105,11-106,11-107,11-108,11-109,11-111,11-114 AND 11-115 OF THE CITY OF OWASSO CODE OF ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): REPEAL Part Eleven, Parks, Recreation & Cultural Affairs, Chapter One, Administration and Control of Parks, Sections 11-101, 11-102,11-103,11-104,11-105,11-106,11-107,11-108,11-109, 11-111, 11-114 and 11-115 of the Code of Ordinances of the City of Owasso, Oklahoma, as listed below, shall be repealed: SECTION 11-101 CONTROL AND MANAGEMENT OF CITY PARKS All public parks within the jurisdiction of the city together with all park property which may be hereafter acquired for park purposes, shall be under the management, care and control of the city council. (Prior Code, Sec. 15-1; Ord. No. 379, 2/16/88) State Law Reference: City recreation and park programs, 11 O.S. Sections 33-101 et seq. SECTION 11-102 CITIZEN ADVISORY COMMITTEES MAY BE APPOINTED The city council may from time to time appoint citizen committees. Any committee appointed shall contain at least one member thereof who is a disabled person knowledgeable in the needs and desires of the disabled of the community. Such committees shall be fonned to gather citizen input into parks and recreation needs. No member of the committee can be an employee of the city, nor a current member of the city council unless such person or persons have not been employed by the city for two (2) years previous to being so appointed. The committee will make required reports directly to the city council. (Ord. No. 379, 2/16/88) SECTION 11-103 RULES AND REGULATIONS A. The council shall have full and exclusive power to make rules and by-laws for parks. B. The city manager shall prescribe and define the respective duties, powers and authority of all park department personnel and shall fix and regulate the compensation to be paid to the several persons so employed. (Prior Code, Sec. 15-3; Ord. No. 379, 2/16/88) SECTION 11-104 FURTHER POWERS; RULES AND REGULATIONS A. The city shall have the care, management and control of all parks and grounds used for park purposes, all boulevards, connecting parks and structures thereon, and parkways, now or hereafter owned by or in the control of the city, within the corporate limits of the city, and may give proper designating names thereto. B. The city shall have power to acquire, and to hold property, within the corporate limits of such city for the purpose of establishing public parks and public squares, or the enlarging of existing parks, or for boulevards, connecting parks, and parkways, by condemnation or by contract for the same; to accept conveyances thereof, to receive gifts, donations, or devises of land or other property for park purposes; to lay out and to improve with walks, drives, and roads, to build necessary culverts and bridges, to drain, plan, and otherwise at their discretion to improve and adorn the parks and other property thus held or acquired by the city; to erect such buildings as may be needed for the use, protection, and refreshment of the public. However, in no case shall expenditure be made in excess of the amount provided by the city council and from other sources. C. The city shall have power to make and alter, from time to time, all needful rules and regulations for the maintenance of order, safety, and decency in the parks, both within and without the limits of the city and to affix penalties for disobedience thereto, which rules and regulations shall have the force of ordinance of the city. However, no such rules and regulations shall be of any effect unless it shall have been first approved by the city council. For the purpose of enforcing such rules and regulations, all such parks and property, within the limits of the city, are hereby placed under the police jurisdiction of the city. Complaints for the violation of such regulation may be made by the city attorney to the court of the city. D. Any member of the police department may arrest, without warrant, in any of such parks or places, whether within or without the limits of the city, any person who has broken any park rules, or committed any violation of such riles or the ordinances of the city in the park. The municipal court shall have jurisdiction of all such violations committed within the limits of the parks. (Prior Code, Sec. 15-4; Ord. No. 379, 2/16/88) SECTION 11-105 PREPARATION OF ANNUAL BUDGET AND SUPPLEMENTAL APPROPRIATIONS The city, together with the park superintendent, shall be responsible for preparing and submitting the annual budget for the park department or any request for supplemental appropriations and then must be approved by the city council and city manager. (Prior Code, Sec. 15-5; Ord. No. 379, 2/16/88) SECTION 11-106 PROJECT EXPENDITURES; PRIOR APPROVAL; REQUIRED WHEN A. No budgeted project or capital improvement may be commenced by the city without prior review and approval of the city council if the aggregate sum required for such project or capital improvement exceeds Two Thousand Dollars ($2,000.00). Such projects and capital expenditures shall be reviewed and approved independently of the budget as a whole. B. All spending of city funds through the parks and recreation budget must be approved by the city manager before an item or items are purchased by the park superintendent. (Prior Code, Sec. 15-6; Ord. No. 379, 2/16/88) SECTION 11-107 PIPES; WIRES AND SUPPORTS IN PARKS The city shall have sole power to determine the places in the parks and parkways, and other property under their control, where sewers, gas, and water pipes shall be laid. No trench for these purposes shall be opened until the commissioners shall have designated the location of the same and given permission in writing. No railroad, telephone, or electric light wires, or other wires, or posts or supports therefore, shall be erected in, upon, through or over the parks or parkways, without the consent in writing of the city, who shall designate the place and manner of erecting and maintaining the same, to be altered at such time and in such maimer, and under conditions as the city may deem best. (Prior Code, Sec. 15-7; Ord. No. 379, 2/16/88) SECTION 11-108 EXPENDITURE FOR PARK PURPOSES Proper vouchers shall be rendered against the city for all expenditures, duly verified, as all claims against cities. (Prior Code, Sec. 15-8; Ord. No. 379, 2/16/88) SECTION 11-109 ESTABLISHMENT OF BOULEVARD OR PARKWAYS; CONTROL The city shall have power to connect any public park under its control with any other park over which it has jurisdiction, by a boulevard or parkway, and whenever in their judgment, necessary, they may designate, as such, any existing highway, or parts thereof, which shall thereupon be deemed a part of the parkway; but the same shall remain under the control of the city authorities now having jurisdiction thereof. (Prior Code, Sec. 15-9; Ord. No. 379, 2/16/8) SECTION 11-111 MUST NOT BE CONCERNED IN CONTRACTS; INTEREST IN PROPFRTV A. No employee or officer of the city shall be concerned in any contract with the city, or any of its departments or institutions, either as contractor, subcontractor, bondsman, or other party directly or indirectly, interested. B. If any employee or officer of the city be the owner of, or interested in, any property necessary, in the opinion of a majority of the other members of the city council, to be taken for park purposes, then proceedings shall be by condemnation, and such facts of ownership and interest shall be fully set forth in the petition. (Prior Code, Sec. 15-11; Ord. No. 379, 2/16/88) SECTION 11-114 MAY RECOMMEND PURCHASE OR CONDEMN LANDS TO CITY COUNCIL City personnel have the power to recommend the city council to take, by purchase or condemnation, all necessary lands for park or parkway purposes, and if the park commission cannot, for any cause, agree with the owner or owners of any such land the same may be condemned in the name of the city in the mamler provided by the laws of the state for the condemnation of lands for railway purposes and hereby made applicable for the condemnation for park purposes by any such city. (Prior Code, Sec. 15-14; Ord. No. 379, 2/16/88) SECTION 11-115 PLANS MUST BE EXAMINED BY CITY ENGINEER All plans for new work or changes in the parks, parking, etc., of the city, shall be examined by the city engineer and his report and statement of advice be placed upon the records of the city, before the plans can be adopted or their execution begun and must meet the approval of the city council. (Prior Code, Sec. 15-15; Ord. No. 379, 2/16/88) SECTION TWO (2): RENUMBERING PART 11, CHAPTER 1 Part 11, Parks, Recreation and Cultural Affairs, Chapter 1, Administration and Control of Parks, shall be renumbered as follows: Section 11-101 "Park Property" Defined (formerly Section 11-110) Section 11-102 City May Refuse Gift of Land (formerly Section 11-112) Section 11-103 Gifts May be Made to City; Control (formerly Section 11-113) Section 11-104 Park Curfew (formerly Section 11-116) 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 shall repeal Part 11, Chapter 1, Sections 11-101,11-102,11-103,11-104, 11-105,11- 106, 11-107, 11-108, 11-109, 11-111, 11-114 and 11-115 of the Owasso Code of Ordinances. PASSED by the City Council of the City of Owasso, Oklahoma on th 20"' day of July, 2010. Doug Bonebrake, Mayor ATTEST: jon sinex, Vice Mayor Sherry Bishop, City erk (SEAL) APPROVED as to form and legality this 20th day of July, 2010. Julie Lombardi City Attorney OFFICIAL SEAL PUBLISHER'S AFFIDAVIT ORD NO. 970 PUBLICATION DATE(S) 07/28/10 CASE NUMBER: ORD NO. 97( AD NUMBER: 00107313 LEGAL NOT STATE OF OKLAHOMA COUNTY OF Tulsa I, of lawful age, being duly sworn, air Owasso Reporter of Owasso, Oklaho of general circulation in Tulsa, Oklah fied to publish legal notices, advertise[ provided in Section 106 of Title 25, and 1982 as amended, and thereafte other requirements of the laws of Ok] legal publications. That said notice, attached hereto was published in th( newspaper during the period and time a supplement, on the ABOVE LISTE) Subscribed to and sworn to me this 21 Notary Public / My commission number: 06011684 My commission expires: December E Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 359.10 NANCY CAROL MOOR Notary Public -Slate of Old( Tulsa County Comm sslon # 060116 107313 Published In the Owasso Reporter, Owasso, Tulsa County Oklahoma, July 28, 2010. CITY OF OWASSO, OKLAHOMA OR N0. 977 AN ORDINANCE REPEALING PART 11, PARKS, RECREATION & CULTURAL AFFAIRS, CHAPTER 1, ADMINISTRATION AND CONTROL OF PARKS, SECTIONS 11 -101, 11 -102, 11-103,.11 - 104,11-105, 11- 106,11- 107,11- 108,11 -109, 11- 111,11.114 and 11 -115 OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE REPEALS PART 11, CHAPTER 1, SECTIONS 11- 101,11 -102, 11 -103, 11 -104, 11 -105, 11 -106 11.107, 11 -108, 11-109,11-111,11-114 AND 11 -115 OFTHE Cil OF OWA550 CODE OF ORDINANCES. BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA,THAT, TO -WIT: SECTION ONE (1): REPEAL Pan Eleven, Parks, Recreation & Cuouml Affairs, Chapter One, Administration antl Control of Parks, Sections 11 -101, 11 -102, 11- 103, 11 -104, 11 -105, 11 -106, 11 -107, 11 -108, 11 -109, 11 -111, 11- 114 antl 11 -115 of the Code of Ordinances arms City of Owasso, Oklahoma, as listed below, shall be repealed: SECTION 11 -101 CONTROL AND MANAGEMENT OF CITY All public parks with tthhe itAi in rdictton of the oft y together with all park property which may be hereafter acquired for park purposes, shall be under the management, care and control of the city coun- cil. (Prior Code, Sec. 15-1; Ord. No. 379, 2/16/88) State Law Reference Clty recreation and park programs, 11 O.S. Sections 33 -101 m seq. APPOINTED The city council may from time to time appoint citizen committees. Any CommMee appointed shall contain at least one member there- SECTION 11 -103 RULES AND REGULATIONS A. The council shall have full and exclusive power to make rules and by -laws for parks. B. The city manager shall prescribe and detine the respective duties, powers and authority of all park department personnel and Mall fix and regulate the compensation to be paid to the several Persons so employed. (Prior Code. Sec. 15 -3; Ord. No. 379, 2/16/88) SECTION 11.104 FURTHER POWERS- RULES AND REGULATIONS A The city shall have the care, management and control of all parks and grounds used for park Purposes, all boulevards, cori ing parks and structures thereon, antl parkways, now or hereafter owned by or In the control of the city, within the corporate limits of the city, and may give proper designating names thereto. B. The city shall have power to acquire, and to hold property, with- in the corporate limits of such city far the purpose of establishing public parks and public squares, or the ontergmg of existing parks, orfor boulevards, Cannecting perks, antl parkways, by condemna- tion or by contract for the same: to acceol conyevances thereof: to the lic. C. The city shall have power to make and alter, from time to time, all needful rules and regulations for the maintenance of order, safe- ty, and decency in the parks, both within and without the limits of the city and to affix penalties for disobedience thereto, which rules and regulations shall have the tome of ordinance of the city. However, no such rules and regulations shall be of any affect unless it shall have been first approved by the city council. For the purpose of enforcing such rules and regulations, all such parks and property, within the limits of the city, are herebyy placed under the police juns- dlctlon of the city. Complaints for the violation of such regulation may be made by the city anomaly to the mud of the city. D. Any member of the police department may arrest, without war- rant, In any of such parks or places, whether within or without the limits of the city, any person who has broken any park miss, orcom- mMetl any violation of such miss or me ordinances of the city M the park. The municlpal court shall have jurisdiction of all such viola- done committed within the limits of the parks. (Prior Code, Sec, 15- 4; Ord. No. 379, 2116/88) TION11ADS PREPARATION OF ANNUAL BUDGETAND The city, together with the park superintendent, shall be responsible for preparing and submitting the annual budget for the park depart- ment or any request for supplemental appropriations and Men must be approved by the city council and city manager. (Prior Code, Sec. 15 -5; Ord. No 379, 2/16188) 14N1 L-U III IaIt' "I- 314Ni43:g4 "Y71PSX fall expenditures shall be reviewed and approved independently bf the budget as a whole. B. All spending of cBy funds through the parks and recreation budg- et must be approved by the city manager before an item or items are purchased by the park superintendent. (Prior Code, Sec. 15 -6; Ord. No, 379, 2/16/88) SECTION 11 -107 PIPES- WIRES AND SUPPORTS IN PARKS The city shall have sole power to determine the places In the parks and parkways, and other property under their Control, where sew- ers, gas, and water pipes shall be laid. No trench for these purpos- es shall be opened until the commissioners shall have designated the location of the same and given permission in writing. No rail- road, telephone, or electric light wires, or other wires, or posts or supports therefore, shall be erected In, upon, thowggh or over the parks or parkways, without the consent in writing of the city, who shall designate the place and manner of erecting and maintaining the same, to be altered at such time and M such manner, and under conditions as the city may deem best. (Prior Code, Sm. 15-7; Ord. No. 379, 2/1 See) SECTION 11-1ae Exx`. ITNRE F9n P9BK Proper vouchers shall be rendered a90M the city or ell expendt- tures, duly verified, as all claims against cities. (Prior Code, Sec. 15 -8; Ord. No. 379, 21161 9r1LU9:L,L9:YIlft.nI1114 QlJ The city shall have power to connect any public park under its con- trol with any other park over which it has jurisdiction, by a boulevard or parkway, and whenever in their judgment, necessary, they may designate, as such, any existing highway; or parts hermf, which shall thereupon be deemed a pan of me parkway; bur the same shall remain under the control of the city authorities now having jurisdiction thereof. (Prior Code, Sec. 15-9; Ord. No. 379, 2/1818) or other party directly or in ll- B. It any employee or ofMer of the city be the owner of, or interest, ad in, any property necessary, in the opinion of a maI'orily of the other members of the city council, to be taken for park purposes, Men proceedings shall be by condemnation, and such facts of am- ehill and Interest shall be fully set forth in the petition. (Prior Code, Sec. 15- 11; Ord. No, 379, 2/16/88) SECTION 11-14 MAY RECOMMEND PURCHASE OS CONDEMN LANDS TO CITY COUNCIL City personnel have the power to recommend the city council to take, by purchase or condemnation, all necessary lands for ppark or parkway purposes, and 9 the park commission cannot, for any cause, agree with the owner or owners of any such land the same may be condemned in the name of the city In the manner provided by the laws of the state for me condemnation of lands for railway purposes and hereby made applicable for me condemnation for 379, 2ark x6/88) by any such city. (Prior Code, Sec. 15 -14; Ord. No. SECTION 11 -115 p1ANO Mg ST BE EXAMINED BY CITY ENGINEER All plans for new work or changes in the parks, parking, etc., city, shall be examined by the city engineer and his report and M ment of advice be placed upon the records of me city, before plans can be adopted or their execution begun and must meet approval of the city council. (Prior Code, Sec. 15 -15; Ord. No. ad 6/80) 379, SECTION TWO (2): RENUMBERING PART II, CHAPTER Part 11, Parks, Recreation and Cultural Affairs, Chapter 1, Administration and Control of Parks, shall be renumbered as fol- lows: Section 11 -101 *Park Property' Defined (formally Section 11 -110) Section 11 -102 City May Refuse Gift of Land (mrmarly Section 11- 112) Section 11 -103 Gifts May be Made to City; Control (formerly Section 11 -113) Section 11 -104 Park Curfew (formerly Section 11 -116) SECTION THREE (3P REPEALER All ominances or parts of o finances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILJTY If any part or perta 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 shall repeal Part 11, Chapter 1, Sections 11 -101, 11 -102, 71 -103, 11-104,11-105, 11.106, 11 -107, 11 -108, 11 -109, 11 -111, 11 -114 and 11.115 of the Owasso Cade of Ordinances, PASSED by the C'Ty Council of the City of Owasso, Oklahoma on the JIM day of July, 2010 /s` Doug Bonebmke Mayor ATTEST: /a/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /a/ Julie Lombard, City Attorney APPROVED BY COUNCIL MEMORANDUM JUL 2 0 Z010 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: REPEAL OF ORDINANCES FOR PARKS IN PART 11, CHAPTER 1; ORDINANCE NO. 970 DATE: July 16, 2010 BACKGROUND Staff is in the process of reviewing all City ordinances and developing recommendations for making needed additions, deletions and changes to the City's Code of Ordinances. This process is being done as Staff prepares to make access to the ordinances available from the City's website. As a part of that preparation, two ordinances are initially presented for City Council consideration which, if approved, would 1) amend the current section regulating procedure followed in City Council meetings, and 2) repeal a significant portion of the chapter governing administration and control of the City's parks. Reasons for the proposed changes are discussed separately below. DISCUSSION OF PROPOSED CHANGES TO ORDINANCES A. Amendments to Part 2, Chanter 4, Rules of Procedure for the City Council Two ordinances within Part 2, Chapter 4, Rules of Procedure for the City Council, currently contain language which is outdated or does not accurately reflect current practices followed by the City Council. Specifically, Section 2-402(B), Regular Meeting, requires amendment to show that meetings of the City Council are held in the current Council chambers at 109 N. Birch rather than the previous location. Likewise, amendment of Section 2-409(B), Order of Business, is proposed so that the order of business currently followed during City Council meetings is correctly listed in the Ordinance. The proposed amendment also adds language to 2-409(B) stating that the business of the City shall be taken up for consideration and disposition by the Council in the order set forth in the ordinance or according to the posted agenda. Inclusion of this new language affords the Council increased flexibility to accommodate the continuously changing circumstances and contingencies which inevitably arise with public meetings. In addition, even if the order of business followed in a particular Council meeting differs in some respect from Section 2-409's proscribed order, the Council is in compliance with the ordinance if the order of business published in the posted agenda was followed. 1 B. Repeal of Ordinances within Part 11, Chapter 1, Administration and Control of Parks The majority of ordinances within Chapter 1 governing the administration and control of parks were adopted years ago and contain provisions based on the existence and active participation of a Park Advisory Committee sharing direction and planning for the City's parks with Staff and the City Council. As a result, a number of the provisions in Chapter 1 are now irrelevant because the Park Advisory Committee no longer exists. In addition, Chapter 1 contains numerous provisions which seek to define the scope of the City's power and jurisdiction over its parks. Not only are these ordinances unnecessary and confusing, but they also pose a legal concern if they differ from the power given to the City under state law or in any way restrict the City's power to exercise complete governance over parks within its limits. As a general rule, laws based upon the presence or existence of a particular fact or condition should be amended once the fact or condition is removed. In this case, small inaccuracies or limitations within this section potentially obstruct the City's power to control and govern its parks and may create increased vulnerability to legal challenge. In short, there is no reason to retain ordinances which attempt to spell out which rights and powers the City may or may not have to govern City parks. Rather, repeal of those ordinances and reliance upon the broad statutory powers afforded to the City to regulate parks under state law is vastly preferable. STATUS AND RECOMMENDATION Staff recommends City Council approval of Ordinance No. 970, repealing Part 11, Parks, Recreation & Cultural Affairs, Chapter 1, Administration and Control of Parks, Sections 11-101, 11-102, 11-103, 11-104, 11-105, 11-106, 11-107, 11-108, 11-109, 11-111, 11-114 and 11-115 of the Code of Ordinance of the City of Owasso, Oklahoma. ATTACHMENTS 1. Ordinance No. 970 - Repeal of Ordinances within Administration and Control of Parks 2