Date: 9/26/2005Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 8:49:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SPECIAL CALLED SESSION
SEPTEMBER 26, 2005 AT 5:30 P.M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Special Called Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, September 26, 2005 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.

Chuck Mills
Mayor

Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Chris Harden
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson
Commissioner Ward 5-Vice Mayor

ABSENT:

Bob Downing
Commissioner Ward 6


Staff members and others in attendance included: City Manager Jim Collard, City Treasurer/Finance Director Becky Cragin, City Attorney John Canavan, City Clerk Diana Hallock.
Representing the news media was Mr. Keven Scrutchins, Shawnee News-Star reporter, and Mr. Wayne Trotter, Shawnee Sun Editor.

The Call for said meeting was entered upon the records by the City Clerk, said Call being as follows:




CALL FOR SPECIAL SESSION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA TO BE HELD ON THE 26TH DAY OF SEPTEMBER, 2005 AT 5:30 O’CLOCK P.M. AT THE SHAWNEE CITY HALL COMMISSION CHAMBERS, 16 WEST 9TH, SHAWNEE, OKLAHOMA TO DISCUSS AND CONSIDER THE WORDING FOR THE BALLOT AND ORDINANCE FOR THE O.G.& E. FRANCHISE ELECTION ON NOVEMBER 8, 2005.

By virtue of the authority vested in me by Section 2, Article IV of the Charter of the City of Shawnee, Oklahoma, Special Sessions of the Board of Commissioners of the City of Shawnee, Oklahoma is hereby called to meet at the Shawnee City Hall Commission Chambers, 16 West 9th, Shawnee, Oklahoma at 5:30 p.m. on September 26, 2005 for the purpose of discussing and considering the wording for the ballot and ordinance for the O.G.& E. franchise election on November 8, 2005.

Witness my hand this 22nd day of September, 2005.


s/s James C. Collard_____________
JAMES C. COLLARD
CITY MANAGER


(SEAL)

ATTEST:

_s/s Diana Hallock______________
DIANA HALLOCK, CITY CLERK











NOTICE OF A CALLED SPECIAL SESSION OF THE BOARD OF
COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA

TO THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA:

You and each of you are hereby notified that by virtue of a call issued by me on this 22nd day of September, 2005, a Special Called Session will be held of the Board of Commissioners of the City of Shawnee, Oklahoma at Shawnee City Hall Commission Chambers, 16 W. 9th, Shawnee, Oklahoma at 5:30 p.m. on September 26, 2005 and you are hereby notified to be present at said meeting.

The purpose of said meeting will be to discuss and consider the wording for the ballot and ordinance for the O.G.& E. franchise election on November 8, 2005.

Witness my hand this 22nd day of September, 2005.

(SEAL)
ATTEST:

s/s Diana Hallock_______________ s/s James C. Collard___________________
DIANA HALLOCK JAMES C. COLLARD
CITY CLERK CITY MANAGER

STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE, SS.

I received this notice on the 22nd__ day of _September___, 2005 at _9:00_ o’clock _a_.m., and executed the same by delivering a true and correct copy thereof to the Mayor and to each of the City Commissioners of the City of Shawnee, Oklahoma as follows:

I delivered a true and correct copy to Mayor Chuck Mills in person at 4:55 o’clock p.m. on September 22, 2005.

I delivered a true and correct copy to Commissioner Tom Claybrook in person at 4:55 o’clock p.m. on September 22, 2005.

I delivered a true and correct copy to Commissioner Thomas A. Schrzan in person at 8:06 o’clock a.m. on September 23, 2005. (Picked up in City Clerk’s Office)

I delivered a true and correct copy to Joe Bruce for Commissioner Linda Peterson in person at 2:00 o’clock p.m. on September 23, 2005.

I delivered a true and correct copy to Commissioner Robery J. Downing in person at 5:10 o’clock p.m. on September 23, 2005.

I delivered a true and correct copy to Commissioner Marva Jean O’Neal in person at 10:00 o’clock a.m. on September 25, 2005.

I delivered a true and correct copy to Commissioner Chris Harden by Lee White in person at 8:14 o’clock a.m on September 26, 2005.

Mayor/Commissioner(s) ___________________________________________________
could not be found in the City of Shawnee, Oklahoma on _________________________


s/s Mike Roberts _________
Warrant Officer

AGENDA ITEM NO. 1: Discuss and consider the wording for the ballot and ordinance for O.G.& E. franchise election on November 8, 2005.

City Manager Jim Collard began the discussion whether to consider a word change in the ordinance for the O.G. & E. franchise election back to “tax” from “fee” which was passed at the last meeting by the Commission. In his survey of cities comparable to Shawnee, the language had been changed to “fee.”
The purpose was to settle the word issue before printing of ballots for the November 8th election due to concerns from the Citizen Potawatomi Nation (CPN).
Appearing before the Commission was Chairman John “Rocky” Barrett of the Citizen Potawatomi Nation and Mr. John Flowers, attorney representing CPN to state that there was a difference in the two words that would affect the tribe and its relationship with the City.
Mr. Lee Slater, attorney representing O.G.& E Company, was present to state that O.G.& E was comfortable with making the word change back to “tax” since they did not see a difference in the two words.
In order to be in compliance with the 60-day rule because of a language change on the ballot, Mr. Slater requested that a new election date for January 10, 2006 be considered.
City Attorney John Canavan advised the Commission that the Ward 4 Election of a City Commissioner seat would still be held on the November 8th date as had been publicized.
Mr. Slater conveyed to the Commission that O.G.& E. would pay for the city’s election in November since the election was being paid by OG&E.
Other issues discussed to be dealt with in the future was de-annexation of the Citizen Potawatomi Nation soverign property and changing the franchise agreement to less than 25 years.
A motion was made by Commissioner Harden, seconded by Vice Mayor Peterson, to change the word in the O.G.& E. election ordinance and ballot from “fee” to “tax;” keep the franchise agreement at 25 years; change the franchise election date to January 10, 2006; and have O.G. & E Company pay for the November 8, 2005 election for the office of Commissioner of Ward Four. Motion carried. 6-0.

AYE: Harden, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None


AGENDA ITEM NO. 2: Adjournment.

There being no further business to come before the meeting, a motion was made by Vice Maryor Peterson, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried. 6-0 (6:56 p.m.)

AYE: Peterson, Schrzan, O’Neal, Mills, Harden, Claybrook
NAY: None



____________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:


___________________________
DIANA HALLOCK, CITY CLERK

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