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Date: 8/13/2012Board: City CommissionDocumentType: MinutesWeb Posted: 8/21/2012 2:10:57 PM
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BOARD OF CITY COMMISSIONERS
CITY OF SHAWNEE
SPECIAL CALLED SESSION
AUGUST 13, 2012

The Board of City Commissioners met in Special Called Session at the Shawnee Commission Chambers at Shawnee City Hall, 16 W. 9th, Shawnee, Oklahoma, Monday, August 13, 2012 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Chairman

Pam Stephens Frank Sims
Commissioner Ward 1 Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

Absent: None

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

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

TO THE CITY COMMISSION 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 8th day of August, 2012, a Special Called Session will be held of the Board of Commissioners of the City of Shawnee, Oklahoma at the Shawnee Commission Chambers, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on August 13, 2012, and you are hereby notified to be present at said meeting.

The purpose of the following special call session of the City Commissioners will be for discussion, consideration and possible action to determine whether to renew contract with Shawnee Area Chamber of Commerce for operation of a Convention and Visitor’s Bureau, and, if so, discussion, consideration and possible action on amendments to the Contract, discussion, consideration and possible action to create a new entity for operation of a Convention and Visitor’s Bureau and administration of the Proceeds of the Hotel Occupancy Surcharge. Items to be considered will be whether the entity should be an Oklahoma Statutory Trust or a tax-exempt corporation pursuant to Oklahoma law and Section 501(c)(6) of the Internal Revenue Code. Items to be considered include the approval of either a Trust Indenture or Articles of Incorporation, powers and duties of the entity, name of entity, selection of initial Board of Trustees/Directors and any other administrative items needed for creation of the entity. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce), and discussion, consideration and possible action to set a special meeting to meet with Board of Trustees or Board of Trustees for newly created entity for purposes of contracting for the operation of a Convention and Visitor’s Bureau and arranging for transition of operations. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce and also creates a new entity.)

(SEAL)

ATTEST:

s/s Phyllis Loftis s/s Justin Erickson
PHYLLIS LOFTIS, CMC JUSTIN ERICKSON
CITY CLERK ACTING CITY MANAGER

STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE, SS.

I received this notice on the 8th day of August, 2012 at 11:39 o’clock a.m., and executed the same by delivering a true and correct copy thereof to each of the Commissioners of the City of Shawnee, Oklahoma as follows:

I delivered a true and correct copy to Mayor Linda Peterson via e-mail at 12:28 o’clock p.m. on August 9, 2012

I delivered a true and correct copy to Commissioner Frank Sims via e-mail at 7:47 o’clock p.m. on August 9, 2012

I delivered a true and correct copy to Commissioner John Winterringer via e-mail at 10:58 o’clock p.m. on August 13, 2012

I delivered a true and correct copy to Commissioner Steve Smith via e-mail at 12:27 o’clock p.m. on August 9, 2012

I delivered a true and correct copy to Commissioner James Harrod via e-mail at 6:17 o’clock p.m. on August 8, 2012

I delivered a true and correct copy to Commissioner Pam Stephens via e-mail at 11:39 o’clock a.m. on August 8, 2012 but no response was received

I delivered a true and correct copy to Commissioner Billy Collier via e-mail at 5:27 o’clock p.m. on August 8, 2012



s/s Phyllis Loftis City Clerk

CALL FOR SPECIAL SESSION OF THE SHAWNEE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA TO BE HELD ON THE 13TH DAY OF AUGUST, 2012 AT 6:30 O’CLOCK P.M. AT THE SHAWNEE COMMISSION CHAMBERS, 16 W. NINTH, SHAWNEE, OKLAHOMA. THE PURPOSE OF SAID MEETING WILL BE FOR DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO DETERMINE WHETHER TO RENEW CONTRACT WITH SHAWNEE AREA CHAMBER OF COMMERCE FOR OPERATION OF A CONVENTION AND VISITOR’S BUREAU, AND, IF SO, DISCUSSION, CONSIDERATION AND POSSIBLE ACTION ON AMENDMENTS TO THE CONTRACT, DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO CREATE A NEW ENTITY FOR OPERATION OF A CONVENTION AND VISITOR’S BUREAU AND ADMINISTRATION OF THE PROCEEDS OF THE HOTEL OCCUPANCY SURCHARGE. ITEMS TO BE CONSIDERED WILL BE WHETHER THE ENTITY SHOULD BE AN OKLAHOMA STATUTORY TRUST OR A TAX-EXEMPT CORPORATION PURSUANT TO OKLAHOMA LAW AND SECTION 501(C)(6) OF THE INTERNAL REVENUE CODE. ITEMS TO BE CONSIDERED INCLUDE THE APPROVAL OF EITHER A TRUST INDENTURE OR ARTICLES OF INCORPORATION, POWERS AND DUTIES OF THE ENTITY, NAME OF ENTITY, SELECTION OF INITIAL BOARD OF TRUSTEES/DIRECTORS AND ANY OTHER ADMINISTRATIVE ITEMS NEEDED FOR CREATION OF THE ENTITY. (THIS ITEM WILL BE CONSIDERED ONLY IF THE COMMISSION DETERMINES IT WILL NOT CONTINUE THE CONTRACT WITH THE CHAMBER OF COMMERCE), AND DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO SET A SPECIAL MEETING TO MEET WITH BOARD OF TRUSTEES OR BOARD OF TRUSTEES FOR NEWLY CREATED ENTITY FOR PURPOSES OF CONTRACTING FOR THE OPERATION OF A CONVENTION AND VISITOR’S BUREAU AND ARRANGING FOR TRANSITION OF OPERATIONS. (THIS ITEM WILL BE CONSIDERED ONLY IF THE COMMISSION DETERMINES IT WILL NOT CONTINUE THE CONTRACT WITH THE CHAMBER OF COMMERCE AND ALSO CREATES A NEW ENTITY.)

By virtue of the authority vested in me by Section 4, Article IV of the Charter of the City of Shawnee, Oklahoma, a Special Session of the Board of City Commissioners of the City of Shawnee, Oklahoma is hereby called to meet at the City Commission Chambers, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on August 13, 2012 for discussion, consideration and possible action to determine whether to renew contract with Shawnee Area Chamber of Commerce for operation of a Convention and Visitor’s Bureau, and, if so, discussion, consideration and possible action on amendments to the Contract, discussion, consideration and possible action to create a new entity for operation of a Convention and Visitor’s Bureau and administration of the Proceeds of the Hotel Occupancy Surcharge. Items to be considered will be whether the entity should be an Oklahoma Statutory Trust or a tax-exempt corporation pursuant to Oklahoma law and Section 501(c)(6) of the Internal Revenue Code. Items to be considered include the approval of either a Trust Indenture or Articles of Incorporation, powers and duties of the entity, name of entity, selection of initial Board of Trustees/Directors and any other administrative items needed for creation of the entity. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce), and discussion, consideration and possible action to set a special meeting to meet with Board of Trustees or Board of Trustees for newly created entity for purposes of contracting for the operation of a Convention and Visitor’s Bureau and arranging for transition of operations. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce and also creates a new entity.)

Witness my hand this 8th day of August, 2012.

s/s Justin Erickson
JUSTIN ERICKSON
ACTING CITY MANAGER

(SEAL)

ATTEST:

s/s Phyllis Loftis
PHYLLIS LOFTIS, CMC, CITY CLERK


CALL TO ORDER:

DECLARATION OF A QUORUM

Roll was called with seven Commissioners present and a quorum was declared.

AGENDA ITEM NO. 1: Discussion, consideration and possible action to determine whether to renew contract with Shawnee Area Chamber of Commerce for operation of a Convention and Visitor’s Bureau, and, if so, discussion, consideration and possible action on amendments to the Contract.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to adopt the recommendations of the CVB sub-committee and to work with the Chamber of Commerce on amendments to the current contract. Motion failed 2-5.

AYE: Harrod, Winterringer
NAY: Smith, Sims, Peterson, Collier, Stephens

A motion was then made by Commissioner Smith, seconded by Commissioner Sims, to sever the September 6, 1994 contract with the Chamber of Commerce as it relates to the Convention and Visitors Bureau; the effective date of said contract cancellation to be August 31, 2012. Motion carried 5-2

AYE: Smith, Sims, Peterson, Stephens, Collier
NAY: Harrod, Winterringer

AGENDA ITEM NO. 2: Discussion, consideration and possible action to create a new entity for operation of a Convention and Visitor’s Bureau and administration of the Proceeds of the Hotel Occupancy Surcharge. Items to be considered will be whether the entity should be an Oklahoma Statutory Trust or a tax-exempt corporation pursuant to Oklahoma law and Section 501(c)(6) of the Internal Revenue Code. Items to be considered include the approval of either a Trust Indenture or Articles of Incorporation, powers and duties of the entity, name of entity, selection of initial Board of Trustees/Directors and any other administrative items needed for creation of the entity. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce)

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to create a Convention and Visitors Bureau 501(c)(6), with Articles of Incorporation similar to those provided as an example by the City Attorney; further, to appoint the City Manager Brian McDougal, Commissioner Steve Smith and John Barrett to the Board of Directors; and to name the new entity Shawnee Tourism, Inc., if that name is available Motion carried 5-2

AYE: Sims, Collier, Smith, Stephens, Peterson
NAY: Harrod, Winterringer

AGENDA ITEM NO. 4: Discussion, consideration and possible action to set a special meeting to meet with Board of Trustees or Board of Trustees for newly created entity for purposes of contracting for the operation of a Convention and Visitor’s Bureau and arranging for transition of operations. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce and also creates a new entity.)

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to call a special meeting for Thursday, August 16, 2012 at 6:30 p.m. Motion carried 5-2

AYE: Sims, Stephens, Peterson, Collier, Smith
NAY: Harrod, Winterringer

AGENDA ITEM NO. 4: ADJOURNMENT

There being no further business to come before the meeting, a motion was made by Commissioner Winterringer, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 7-0. (7:42p.m.)

AYE: Winterringer, Sims, Harrod, Peterson, Collier, Smith, Stephens
NAY: None



LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

_________________________
PHYLLIS LOFTIS, CMC
CITY CLERK


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