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HomeMy WebLinkAbout991_Amend Part 13 Ch 2_Creating Public Safety Capital Fund Increasing Utility_Ambulance FeeTulsa County Clerk - EARLENE WILSON Doc # 2011058730 Page(s): 4 Recorded 07/11/2011 at 12:58 PM Receipt # 281591 Fee $19.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 991 AN ORDINANCE AMENDING PART 13, PUBLIC SAFETY, CHAPTER 2, FIRE DEPARTMENT, SECTION 13 -236, FUNDING FOR AMBULANCE SERVICE AND PUBLIC SAFETY, AND SECTION 13 -237, ESTABLISHMENT OF FUNDS, UTILIZATION OF REVENUES, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA BY CHANGING THE NAME OF THE FIRE CAPITAL FUND TO THE PUBLIC SAFETY CAPITAL FUND AND DECLARING SUCH FUND TO BE EQUALLY UTILIZED BY THE FIRE AND POLICE DEPARTMENTS FOR THE PURCHASE OF APPARATUS, EQUIPMENT, FACILITY ACQUSITION AND IMPROVEMENTS OR REPAIRS TO ANY OF THE FOREGOING. THE ORDINANCE ADDITIONALLY INCREASES THE FEE ASSESSED THROUGH WATER AND SEWER BILLS BY $1.00 PER MONTH PER C "STOMER FOR A PERIOD OF TWO (2) YEARS. AT THE END OF THE TWO (2) YEAR PERIOD, THE FEE INCREASE WILL TERMINATE UNLESS EXTENDED BY ORDINANCE OF THE CITY COUNCIL AND REVERT TO THE FEES AND PERCENTAGES IN EFFECT ON THE DATE THIS ORDINANCE WAS APPROVED. THIS ORDINANCE AMENDS PART 13, CHAPTER 2, SECTIONS 13 -236 AND 13 -237, OF THE CITY OF OWASSO CODE OF ORDINANCES AND SHALL BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE: Part Thirteen, Public Safety, Chapter Two, Fire Department, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: SECTION 13 -236 FUNDING FOR AMBULANCE SERVICE AND PUBLIC SAFETY A. For areas within the corporate limits of the city receiving water service from the city or areas within the corporate limits of the city receiving only sanitary sewer service from the city, a water rate increase or a sewer rate increase, respectively, is established as follows: 1. For every single family residence, whether same is of a permanent nature or movable manufactured housing, multi - family dwelling, commercial or industrial establishment, as defined under the zoning code of the city, there is hereby a fee of Six Dollars ($6.00) per month per residence or establishment above - referenced, same to be charged and collected on a monthly basis by the Owasso Public Works Authority as in the case of existing water, sewer and other utility charges. a. Effective August 5, 2011, this rate will increase to Seven Dollars ($7.00) per month for a period of two (2) years. This rate increase shall remain in effect for a period of two (2) years at which time it shall automatically expire unless the City Council by ordinance shall extend that date. If not extended, the effective rate shall revert to Six Dollars ($6.00) per month. 2. Citizens within multi - family residential dwellings may, to participate in the ambulance service provided for herein, subscribe to the ambulance service for a monthly fee of Six Dollars ($6.00), such payable not less than annually. Those citizens residing within such multi - family residential dwellings, not subscribing to the ambulance service provided for herein, shall be charged for emergency or non- emergency medical service based on the existing fee schedule thereof. Ordinance No. 991 July 5, 2011 a. Effective August 5, 2011, this rate will increase to Seven Dollars ($7.00) per month for a period of two (2) years. This rate increase shall remain in effect for a period of two (2) years at which time it shall automatically expire unless the City Council by ordinance shall extend that date. If not extended, the effective rate shall revert to Six Dollars ($6.00) per month. B. For areas outside corporate limits a subscription fee is established. Any person residing within the service area above designated, desirous of subscribing to the ambulance service for the benefit of the person or the person's household members, whether same be temporary or permanent, may do so upon the payment of a subscription fee of Nine Dollars ($9.00) per month, if such person is connected to the Owasso water and /or sewer system, or One Hundred Eight Dollars ($108.00) per year if such person is not connected to the water and /or sewer system. a. Effective August 5, 2011, this rate will increase to Ten Dollars ($10.00) per month or One Hundred Twenty Dollars ($120.00) per year for a period of two (2) years. This rate increase shall remain in effect for a period of two (2) years at which time it shall automatically expire unless the City Council by ordinance shall extend that date. If not extended, the effective rate shall revert to Nine Dollars ($9.00) per month or One Hundred Eight Dollars ($108.00) per year. SECTION 13 -237 ESTABLISHMENT OF FUNDS, UTILIZATION OF REVENUES A. There continues to be established, under the provisions of the Municipal Budget Act, a special revenue fund, denoted as the Owasso Ambulance Service Fund, such funds to be utilized solely for ambulance service equipment or facility acquisition or improvement, education, public relations, ambulance service personnel salaries, or other special uses related to the ambulance service. 1. Fifty -eight and 3/10 percent (58.3 %) of all monies received for the benefit of the ambulance service herein created resulting from the increased water and /or sewer rate herein charged or subscription fees shall be placed in the Owasso Ambulance Services Fund. a. Effective August 5, 2011, Fifty percent (50.0 %) of this revenue shall be placed in the Owasso Ambulance Service Fund for a period of two (2) years. This percentage shall remain in effect for a period of two (2) years at which time it shall automatically expire unless the City Council by ordinance shall extend that date. If not extended, the effective percentage shall revert to Fifty -eight and 3/10 percent (58.3 %). 2. Eighty -five percent (85 %) of all ambulance service fees, donations, or grants, shall be placed in the Owasso Ambulance Service Fund. B. In addition to the foregoing, there is hereby created pursuant to the provisions of the Municipal Budget Act, a special revenue fund denoted as the Public Safety Capital Fund, such funds to be utilized equally by the fire and police departments for apparatus, equipment, facility acquisition, or improvements or repair to any of the foregoing. 2 Ordinance No. 991 July 5, 2011 1. Thirty -one and 7/10 percent (31.7 %) of all monies received for the benefit of the ambulance service resulting from the increased water and /or sewer rate herein charged or subscription fees shall be placed in the Public Safety Capital Fund. a. Effective August 5, 2011 Forty -One and 4/10 percent (41.4 %) of these monies shall be placed in the Public Safety Capital Fund. This percentage shall remain in effect for a period of two (2) years unless the City Council by ordinance shall extend that date. If not extended, the effective percentage shall revert to Thirty -one and 7110 percent (31.7 %). C. In addition to the foregoing, there is hereby created pursuant to the provisions of the Municipal Budget Act, a special revenue fund, denoted as the Owasso Ambulance Capital Fund, such funds to be utilized solely for improvements related to equipment and facilities of the ambulance service. 1. Ten percent (10 %) of all monies received for the benefit of the ambulance service herein created resulting from the increased water and /or sewer rate herein charged or subscription fees shall be placed into the Owasso Ambulance Capital Fund. a. Effective August 5, 2011, Eight and 6/10 percent (8.60%) of these monies shall be placed in the Owasso Ambulance Capital Fund. This percentage shall remain in effect for a period of two (2) years unless the City Council by ordinance shall extend that date. If not extended, the effective percentage shall revert to Ten percent (10 %) . 2. Fifteen percent (15 %) of all ambulance service fees, donations, or grants, shall be placed in the Owasso Ambulance Capital Fund. 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 as shown above and codified in Part 13, Chapter 2, Sections 13 -236 and 13 -237. Ordinance No. 991 July 5, 2011 PASSED by the City Council of the City of Owasso, Oklahoma on the 5th day of July, 2011. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 5th day of July, 2011. lie Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 991 PUBLICATION DATE(S) 127544 Published in the Owasso Reporter, Owasso, Tulsa County, fees shall be placed Into Me Owasso Ambulance Capital Fund. 07/14/11 Oklahoma, July 14, 2011. a. Efechm August 5, 2011, Eight and 6110 percent (8.60 %) of these monies shall be placed in the Owasso Ambulance CITY OF OWASSO, OKLAHOMA Capital Fund. This percentage shall remain in effect for a period of ORDINANCE NO. 991 We (2) years unless the City Council by ordinance shall mend that date. If not the AN ORDINANCE AMENDING PART 13, PUBLIC SAFETY, CHAP- TER 2, FIRE DEPARTMENT, SECTION 13 -236, FUNDING FOR extentled, effective percentage shall revert to Tan peroent (10%). CASE NUMBER: ORD NO. 991 AMBULANCE SERVICE AND PUBLIC SAFETY, AND SECTION 13 -237, ESTABLISHMENT OF FUNDS, UTILIZATION OF 2. Fifteen percent (15 %) of all ambulance service fees, dona- REV. ENUES, OF THE CODE OF ORDINANCES OF THE CITY OF tions, or grants, shall be placed in the Owasso Ambulance Capital Fund. OWASSO, OKLAHOMA BY CHANGING THE NAME OF THE FIRE CAPITAL FUNDTO THE PUBLIC SAFETY CAPITAL FUND SECTION TWO (2): REPEALER AND DECLARING SUCH FUND TO BE EQUALLY UTILIZED BY THE FIRE AND POLICE DEPARTMENTS FOR THE PURCHASE Ali ordinances or parts of ordinances in conflict with this ardinance AD NO: 00127544 OF APPARATUS, EQUIPMENT, FACILITY ACOUSITION AND are hereby repealed to the extent of the conflict only. IMPROVEMENTS OR REPAIRS TO ANY OF THE FOREGOING. THE ORDINANCE ADDITIONALLY INCREASES THE FEE ASSESSED THROUGH WATER AND SEWER BILLS BY $1.00 SECTION THREE (3): SEVERABILRY PER MONTH PER CUSTOMER FOR A PERIOD OF TWO (2) YEARS. ATTHE END OFTHETWO (2)YEAR PERIOD,THE FEE If any part or pans of this ordinance are deemed unconstitutional, invalid LEGAL NOTICE INCREASE WILL TERMINATE UNLESS EXTENDED BY ORDI- or Ineffective, the remaining pompon shall not be affected but shall remain In full tame and effect. NANCE OF THE CITY COUNCIL AND REVERT TO THE FEES AND PERCENTAGES IN EFFECT ON THE DATE THIS ORDI- NANCE WAS APPROVED. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE STATE OF OKLAHOMA THIS ORDINANCE, PART 13, CHAPTER SECTIONS The provislons of this ordinance shall become effective thirty (30) days from the date of final passage as provided W state law. 13 -NC AND 1 SHALL L BE CODIFIED AS SHOWN BELOW. SECTION FIVE (5): CODIFICATION BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, The Clry of Owasso Code of Ordinances Is hereby amended as shown above and coal In Pan 13, Chapter 2, Sections 18-236 OKLAHOMA, THAT. TO -WIT: 13 -237. 1, of lawful age, being duly sworn, am a le SECTION ONE: Part Thirteen, Public Safety, Chapter Two, Flre PASSED by the C'M1y Council of the City of Owasso, Oklahoma on Owasso Reporter of Owasso, Oklahoma, Department, of the Code of Ordinances of the City of Owasso, the 5th day of July, 2011. of general circulation in Tulsa, Oklahoma Oklahoma, shall be amentletl as follows: fied to publish legal notices, advertisement. SECTION 13 -236 FUNDING FOR AIMRUI ANCE SERVICE AND Public SAEETY /a/ Doug Banebrake, Mayor provided in Section 106 of Title 25, Okla A limits of me city receiving we ter ATTEST: and 1982 as amended, and thereafter, an service from the city or areas within the corporate limits as othe city Increase Only sanitary sewer service from the city, a water rate Sherry Bishop, City Clerk other requirements of the laws of Oklahm Increase increase or a sewer rate increase, respectively, is established as fol- (SEAL) legal publications. That said notice, a [rt 1. For every single family residence, whether same Is of a APPROVED as to form: attached hereto was published In the rag permanent nature or movable manufactured housing, mold - family dwelling, or industrial establishment, as defined under /y Julie Lombardi, Cry Attorney newspaper during the period and time of the inning coca of the city, there is hereby a fee of Six Dollars per march per residence or establishment a supplement, on the ABOVE LISTED D enced.) enced, same to be charged and collected e aeo monthly basis by the Owasso Public Works existing bythe as in the case of axis ing water, sewer and other utility charges. charges, a. Effective August 5, 2011, this rate will increase to Seven Dollars ($7.00) Per month for a Period of two (2) years. That for rate increase shall remain a period of (21 years which time it shall automatically expire unless the City ordinance shall extend that date. If not extended, the affective rate effective shall raven to Six Dollars ($6:00) per month. Representative 2. Citizens within multi -(amity residential dwellings may, to participate in the ambulance wants provided for herein, subscribe to the ambulance service for a monthly fee of Six Dollars ($6.00), such not less then Thase Subscribed to and sworn to me this 15th d payable annually. citizens residing within such multi - family residential dwellings, not subscribing to the ambu- lance service provided for herein, shall be charged for emergency or non emergency medical service based on the existing fee schedule thereof. Notary Public / a. Effective August 5, 2011, this rate will increase to Seven Dollars ($7.00) per month for a period of two (2) (ears. This rata increase shall remain in effect for a period of two (2) years at ANCY CARD. which time It shall automatically expire unless the City Council by ordinance shall extend that date. If net Wended, the effective rate shall revert to Six Dollars ($6.00) per month. B. For areas outside corporate limits a subscription fee Is estab- M commission numb 06011684 )' number: lished. Any person residing within the service area above designat. ed, desirous of subscribing to the ambulance service for the bene- fit of the person or the person's household members, whether same My commission expires: December 8, 2( the Nina pIf ymceh nt of a sub- scriptionofee ofr a Dollars ($9.00) perpmonth, person Is connected to the Owasso water and/or sewer system, or One Customer #: 00000779 Hundred Eight Dollars ($108.00) per year if such person is not con - needed to the water and/or sewer system. Customer: CITY OF OWASSO a. Effective August 5, 2011, this rate will Increase to Ten Dollars ($10.00) per month or One Hundred Twenty Dollars ($120.00) per year for a period of two (2) ears. This rata Increase shall remain in effect for a period of two 2) years at which time it shell automatically expire unless the City Council by ordinance shall Publisher's Fee: 285.60 extend that date. If not extended, Me effective rate shall revers to Nine Dollars ($9.00) per month or One Hundred Eight Dollars ($108.00) per year. SECTION 13 -237 ESTABLISHMENT OF FUNDS UI UMION OFREVENOFS NANCY CAROL MOORE NOTARY PUBLIC A. There continues to be established, under the provisions of the Municipal adapts Act, a special revenue fund, denoted as the STATE OF OKLAHOMA Owasso Ambulance Service Fund, such funds to be utilized solely for ambulance service equipment or facility acquisition or improve - improve- COMMISSION Nit. 06011684 ment, education, public relations, ambulance service personnel salaries, or other special uses related to the amhulance service. EXPIRES 12 -8 -2014 1. Fifty-eight and W10 percent (58.3%) of all monies received - 'n, the Semi of the ambulance scivka herein drained resulting from the increased water and/or sewer rate herein charged or sub- scription fees shall be placed in Ne Owasso Ambulance Services Fund, a. Effective August 5, 2011, Fifty percent (50.0 %) of this revenue shall be placed in the Owasso Ambulance Service Fund for a period of two 2 years. This percentage shall remain in effect for a period of two 2 years at which time it shall automatical- ly expire unless the City Council by ordinance shall extend that date. If not extended, the effective percentage shall revert to Fifty- eight and 3/10 percent (58.3%). 2. Eighty-five percent (85 %) of all ambulance service fees, donations, or grants, shall be placed in the Owasso Ambulance Service Funtl. B. In addition to the foregoing, there is hereby created pursuant to the provisions of the Municipal Budget Act, a special revenue fund denoted as the Public Safety Capital Fund, such funds to be utilized equally by the fire and police departments for apparatus, equipment facility acquisition, or Improvements or repair to any of the foregoing. 1. Thlrly -one and 7/10 peroent (31.7 %) of all monies received for the benefit of the ambulance service resulting from the increased water and/or sewer rate herein charged or subscription lees shall be placed in the Public Safety Capita a. Effective August 5, 2011 Forty -One and W10 per - awl (41,4%) of these monies shall be placed In the Public Safety capital Fund. This percentage shall remain in effect for a period W two(2 years onless the City Council by ordinance shall extend that data f net extended, the effective pencenage shall reverttoThirty- one and 7/10 percent (31 .7%). C. In addition to the foreggoing, there is hereby created pursuant to inn nrovisions of the Mind plot Budget Act, a special revenue fund, denoted as the Owasso Ambulance Capital Fund, such funds to be utilized solely for Improvements related to equipment and facilities of the ambulance service. 1. Ten percent (10 %) of all monies received for the benefit of the ambulance service herein created resulting from the increased water and /or sewer rate herein charged or subscription The City, wit Out Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Ordinance No. 991 Containing Amendments to Part 13, Public Safety, of the Owasso Code of Ordinances. DATE: July 1, 2011 BACKGROUND: On June 21, 2011, the City Council adopted the budget for FY 11 -12 by approving Resolution No. 2011 -04. The Resolution approved appropriations to the Public Safety Capital Fund (formerly the Fire Capital Fund) that reflected projected revenue from a monthly fee increase of One Dollar ($1.00) on each customer's water /sewer bill. In order to fully implement the changes associated with the renaming of the Fire Capital Fund to the Public Safety Capital Fund and the One Dollar ($1.00) fee increase, it is necessary for the City Council to amend Section 13 -236 and Section 13- 237 of the Code of Ordinances. The proposed amendments include the following: ➢ Rename the Fire Capital Fund as the Public Safety Capital Fund and provide that the fund may be used to purchase apparatus, equipment or facilities, including improvements or repair to any of the foregoing, by the City of Owasso's Fire Department and Police Department. ➢ Increase the monthly fee assessed through water /sewer bills by One Dollar ($1.00) ➢ Revise the applicable percentage of revenue to be allocated between the Owasso Ambulance Service Fund, Owasso Ambulance Capital Fund and the Public Safety Capital Fund. ➢ Include a two year "sunset" provision stating that the One Dollar ($1.00) fee increase shall terminate at the end of two (2) years unless extended by the City Council by ordinance. ➢ Provide that the monthly fee shall revert to the amount currently assessed through the water /sewer bill if the sunset provision is not extended in two (2) years by the City Council. PROPOSED ACTION: Adoption of Ordinance No. 991 amending Part 13, Public Safety, Sections 13 -236 and 13 -237 of the Owasso Code of Ordinances. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 991. ATTACHMENT: A. Ordinance No. 991 Current Sections 13 -236 and 13 -237.