Agenda | Miami Agenda Center

VERIZON WIRELESS DATA PLAN (IPADS) 80.02
132.29
CABLEONE INTERNET SERVICE 258.76
FUELMAN AUGUST/SEPTEMBER FUEL USAGE 1,716.99
MIAMI CHEVROLET BUICK LABOR, PARTS 177.85
SOUTHERN UNIFORM & EQUIPMENT UNIFORM ACCESSORIES 64.50
VERIZON WIRELESS CELL PHONE SERVICE 452.40
4,377.28
ACTION GRAPHICS ENVELOPES 106.50
FUELMAN AUGUST/SEPTEMBER FUEL USAGE 349.63
NEWELL COACH DOOR CYLINDER, HINGE 22.20
OKLAHOMA STATE UNIVERSITY CPR CARDS 240.00
SOUTHERN UNIFORM & EQUIPMENT BADGES 552.08
TAYLOR OVERHEAD DOOR SENSOR, LABOR 187.00
W.S. DARLEY & CO. PUMP REPAIR KIT (PO#18-09822) 975.16
2,521.24
7.37
DEBORAH JOHNSON MEAL PER DIEM (PO#18-09911) 87.25
H K ELECTRIC LABOR (PD SERVER) 165.00
OK PUBLIC SAFETY CONFERENCE REGISTRATION FEES (PO#18-09908) 365.00
VALERIE BARGER MEAL PER DIEM (PO#18-09910) 87.25
922.38
PIONEER PRINTING INK CARTRIDGES 101.80
206.17
JOPLIN GLOBE STREET MANAGER CLASSIFIED AD 372.16
MAIN STREET CAR WASH JULY CAR WASH CHARGES 22.66
OKLAHOMA NATURAL GAS AUGUST GAS SERVICE 98.03
UNIFIRST UNIFORM RENTAL 10.80
660.49
KONE ELEVATOR MAINTENANCE 138.25
283.32
137.36
57.05
LOCKE SUPPLY ELECTRICAL SUPPLIES (FAIRGROUNDS) 169.14
MAIN STREET CAR WASH JUNE/JULY CAR WASH CHARGES 55.03
OKLAHOMA NATURAL GAS AUGUST GAS SERVICE (ARMORY) 21.23
TAYLOR OVERHEAD DOOR SERVICE CALL (EXPO BLDG.) 115.00
2,673.22
LIBRARY
GALE CENGAGE BOOK ORDER 19.46
INGRAM LIBRARY SERVICES BOOK ORDERS 1,110.58
MIDWEST TAPE DVDS 182.62
OTA PIKEPASS AUGUST TOLL CHARGES 45.60
ONENET E-MAIL ARCHIVING 468.00
PENWORTHY BOOKS 99.85
2,792.50
DEPARTMENT OF PUBLIC UTILITIES AUGUST POSTAGE 87.09
N. GEORGEANN ROYE LEGAL CONTRACT REVIEWS (PO#18-09804) 3,395.00
OK UNIFORM BUILDING CODE AUGUST PERMIT FEES 264.00
TRAVELERS DEDUCTIBLES (CLAIMS) (PO#18-09914) 3,048.00
32,193.09
INTEGRIS HEALTH PRE-EMPLOYMENT PHYSICALS 340.00
INVESTIGATIVE CONCEPTS PRE-EMPLOYMENT BACKGROUND SERVICE 315.80
975.16
3,000.00
OLSSON ASSOCIATES HWY 125 FEASIBILITY STUDY (PO#18-09884) 6,392.49
UNITED ENGINES SHIPPING CHARGES (PARTS) 200.00
UNITED ENGINES PARTS, REPAIRS (PO#18-09780) 5,092.78
14,456.20
METRO EMERGENCY UPFITTERS JOTTO DESKS, HARDWARE (PO#18-09929) 1,180.00
WELCH STATE BANK FORD RESCUE TRUCK LEASE 2,687.56
192,409.92
18.00
NORTHEASTERN TRIBAL HEALTH SUPPLIES (LITERACY PROJECT) 16.40
29.15
EDUCATIONAL DEVELOPMENT CORP. MERCHANDISE 220.11
REAL TIME PRODUCTS MERCHANDISE 145.50
RODEO MIAMI CONCESSION SUPPLIES 480.32
TENZI MERCHANDISE 144.00
AIA CORPORATION PROMOTIONAL ITEMS(PO#18-09901) 625.00
ARROWHEAD OUTDOOR ADVERTISING (RODEO) 150.00
CABLEONE CABLE SERVICE 92.96
MIAMI YOUTH FOOTBALL LEAGUE LEAGUE SPONSOR 350.00
NE OKLAHOMA RADIO NETWORK ADVERTISING (RODEO) 255.00
PIONEER PRINTING CALENDAR 35.69
REAL TIME PRODUCTS MERCHANDISE (PO#18-09864) 2,244.97
4,412.82
11,000.00
AIRPORT
M & R DOOR SERVICES ROTATION SWITCH, LABOR (PO#18-09894) 812.30
1,091.88
TOTAL GENERAL FUND 50,492.53
TOTAL OTHER FUNDS 228,103.59
TOTAL GOVERNMENTAL FUNDS 511,015.55
City Council Page 1 of 15 August 22, 2017
THE MAYOR AND THE CITY COUNCIL MET IN REGULAR SESSION AUGUST 22, 2017, AT THE MIAMI CIVIC CENTER COUNCIL CHAMBERS AT 4:00 PM WITH THE FOLLOWING MEMBERS PRESENT: Rudy Schultz, Mayor Dean Kruithof, City Manager Brian Forrester, Councilmember Ward 1 Ben Loring, City Attorney Doug Weston, Councilmember Ward 2 Melissa Moore, City Clerk Neal Johnson, Councilmember Ward 3 Vicki Lewis, Councilmember Ward 4 (Arrived 4:17PM) The agenda for the meeting was posted in the main lobby and the north outside entryway of the Miami Civic Center at 2:40PM on August 21, 2017. THE COUNCIL MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM IN THIS AGENDA: Call to Order Mayor Schultz called the meeting to order at 4:02PM. Public Input and Unscheduled Personal Appearances None. CONSENT AGENDA By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Item 4 through Item 10 be placed on the consent agenda. Councilmember Johnson moved to transfer agenda item #4 (Approve Claims: $366,987.92); through item #10 (Approve Resolution CC2017-17 Delegating Claims Payment and Contract Authority to the City Manager) to the consent agenda and approve as presented. Councilmember Forrester made the second. The Council was polled with the following results: Johnson, Aye Forrester, Aye Weston, Aye Schultz, Aye Lewis, Absent Mayor Schultz declared the motion carried. Approve Claims: $366,987.92 Moved to consent agenda Approve Minutes: July 18, 2017 (Regular) Moved to consent agenda. Budget Amendment:#18-03 Street & Alley (Receipting & Expending Insurance funds from Allstate for damages to Rockdale Bridge) Moved to consent agenda. Approve Contract With Miami Public Schools to Provide Two (2) School Resource Officers (SRO) for the 2017-2018 School Year ($70,000 Reimbursement) Moved to consent agenda. Approve Resolution CC2017-16 to Abolish Resolution 551 and Terminate ICMA Plan 107591 and ICMA Plan 304840 With the City of Miami Moved to consent agenda.
Approve Memorandum of Understanding (MOU) With Claremore Cultural Development Authority/Visit Claremore for Northeast Oklahoma Travel Information Center Partnership for Fiscal Year 2017-2018; Authorize City Manager to Sign all Similar MOU’s Moved to consent agenda. Approve Resolution CC2017-17 Delegating Claims Payment and Contract Authority to the City Manager Moved to consent agenda. Amend the Memorandum of Understanding (MOU) Between the E911 Trust Authority and the City of Miami Chief Anderson reported that the E911 Trust Authority came before Council earlier this Spring to request a reduction in the amount they pay the city from four thousand five hundred dollars ($4,500) a month to three thousand dollars ($3,000) a month during the transition period of the new state 911 coordinator and funding program. The E911 Trust Authority is able to begin paying the four thousand five hundred dollars ($4,500) per month again. Councilmember Weston moved to approve the amended Memorandum of Understanding between the E911 Trust Authority and the City of Miami. Councilmember Forrester made the second. The Council was polled with the following results: Weston, Aye Forrester, Aye Johnson, Aye Schultz, Aye Lewis, Absent Mayor Schultz declared the motion carried. Capitol Ventures Government Relations, LLC August and September Claim of $6,000.00 for Both Months Combined Councilmember Forrester moved to approve the capitol ventures government relations August and September claim for a total of six thousand dollars ($6,000). Mayor Schultz made the second. The Council was polled with the following results: Forrester, Aye Schultz, Aye Weston, Aye Johnson, Nay Lewis, Absent Mayor Schultz declared the motion carried. Award Financing Services to Welch State Bank for the Lease Purchase of Three (3) new Police Interceptor Vehicles, and Authorize Purchasing Agent and City Attorney to Sign Financing Documents as Needed Krista Duhon reported there were three (3) bids received for the financing of the three (3) new police interceptor vehicles. Bids were received by Welch State Bank, Us Bank and Arvest Bank. Welch State Bank had the best interest rate. The bid responses and tally sheet is included in the Council packet. Mayor Schultz clarified the three (3) police interceptor vehicles are included in the current budget. Councilmember Johnson moved to award financing services to Welch State Bank for the lease purchase of three (3) new police interceptor vehicles and authorize the purchasing agent and city attorney to sign financing documents as needed. Trustee Weston made the second. The Council was polled with the following results: Johnson, Aye Weston, Aye Forrester, Aye Schultz, Aye Lewis, Absent Mayor Schultz declared the motion carried. Update on Grants Glenda Longan gave a brief update on the grant applications in progress and submitted. Ninety-six (96) applicants are projected to be funded for the individual safe room rebate program. The required matching funds for the individual safe room rebate program is budgeted for this fiscal year. The grant reimburses the applicant seventy five percent
(75%) of the cost up to two thousand dollars ($2,000). Previous eligible applicants were placed at the top of the list. Applicants will not be funded if their home is in the flood plain. Potential Changes to Ordinances and Policies Dean Kruithof reported there are several policies and ordinances that need to updated. Carrie Taylor handed out a list of potential changes to the municipal court fine schedule. Taylor reported that a dozen cities were compared when conducting research on the potential changes. Traffic fines can be up to seven hundred fifty dollars ($750), any fine over five hundred dollars ($500) the municipal court must offer a jury trial. Non-traffic fines can be up to eight hundred dollars ($800). Mayor Schultz stated that the point of the fine is to modify behavior and cover the costs, not to try to make a profit off the citizens. Trustee Lewis arrived at 4:17PM. Crimes that create safety concerns for the public have a recommend fee of five hundred dollars ($500). Mayor Schultz clarified that Judge Chestnut can modify the sentencing if needed to comply with ordinances, statutes and modify behavior. Jill Fitzgibbon updated the Council that the policy to develop, revise and repeal policies has been condensed and simplified. The critical care list policy has been reduced from thirty (30) days to four (4) business days that a customer who will have an interruption of service must submit a letter from their physician to avoid shut off. This proposed policy also requires the agreement to be renewed each year. A new policy of submitting three (3) letters of good standing required to satisfy the utility service deposit for nonresidential utility accounts is proposed. Mayor Schultz clarified that people will be notified when the year is coming to an end and a renewal is needed. Fitzgibbon stated that people would be notified either by text or call. Court will also be proposing new policies to instruct staff for handling insurance verification tickets, guidelines for submitting traffic related convictions to the Oklahoma Department of Public Safety (ODPS), handling bond, and providing guidelines for the handling of any municipal court open records request. Ben Loring reported animal ordinances will be updated to include the maximum number of animals in a household and animal waste disposal. Dean Kruithof mentioned that the animal ordinances need to be brought up to date. Loring stated that Council will be asked to make decisions on conflicting ideas such as licensing animals. Councilmember Weston requested clarification on enforcement. The enforcement of the ordinances would be Public Works not Miami Police Department (MPD), but MPD can take care of situations. Kristi McClain updated the Council on Economic and Community Development proposed ordinance/policy changes. A permit requiring streets and alleys to be put back to specifications, payment option on liens, and storm water and ditch maintenance issues. A new proposed policy will require new businesses to obtain a business license which would state the nature of the business. Other proposed ordinances include inhabited homes without utilities, parking lot surface ordinance with timeframe requirement, sign ordinance for sandwich and portable signs and document retention for flood plain management. The same ten (10) communities have been utilized for their ordinances. Kim Horn reported on the employee wellness program which will encompass tobacco prevention, physical wellness and nutrition. Once a tobacco prevention policy is in place the city could apply to be a certified healthy business and could qualify for potential grant funding. In January, a new employee personnel policy will be brought to the Council. Cemetery plot fees will be increased at the cemetery. Reviews of other communities show the current cemetery rates are thirty percent (30%) below other communities. Mayor Schultz requested a review of required signatures on cemetery deeds. Chief Wright reported on a proposed cost increase for providing CPR training, currently the fire department charges five dollars ($5) which is the cost of the card. Increasing the cost will assist with paying for special mannequins and expenses. Chief Wright also proposed adjusting the burn permit cost and fines.
Ben Loring mentioned revising the current fireworks ordinance, changing the times people can sell fireworks and the vendor fee. Mayor Schultz recommended anticipating both seasons of fireworks for an annual cost. Councilmember Johnson suggested having the ordinance in a flier format that the vendors can pass out to customers. Councilmember Forrester suggested adding on the flier about the stress caused to animals. Chief Anderson stated numerous laws were affected by HB 780 and HB781. The city court has the authority to handle more cases with the new law change. The city can move cases to district court when necessary, and district court has the right to refuse cases. Mayor Schultz would like to see a second round of some of the policies and ordinances discussed tonight. Other New Business, if any, Which has Arisen Since the Posting of the Agenda and Could not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) None. Staff Reports (Written report included in packet, if available staff is present for questions) None. Mayor and Council Community Announcements None. City Manager’s Communications The fair starts tonight and there is a Premier boxing match in front of the Coleman Theatre Friday night. Adjournment Councilmember Forrester moved to adjourn. Councilmember Johnson made the second. The Council was polled with the following results: Forrester, Aye Johnson, Aye Weston, Aye Lewis, Aye Schultz, Aye Mayor Schultz declared the meeting adjourned at 5:22PM. _______________________ _______________________ _______________________ Councilmember Lewis Councilmember Johnson Councilmember Forrester _______________________ _______________________ ATTEST: ______________________ Councilmember Weston Mayor Schultz Melissa Moore, City Clerk
PURCHASE ORDERS PRESENTED
VENDOR DESCRIPTION
POLICE DEPARTMENT
KATNER MILLS BRAKE PADS, BRAKE ROTORS, SWAY BAR LINK 736.04
O'REILLY AUTO DOOR LOCK ACTUATOR 118.74
854.78
421.66
22.72
CEMETERY
14.75
MCVB
SODEXO, INC. 8-MAN COACHES DINNER 300.00
316.50
825.00
270.10
BANK OF AMERICA PAYMENT (MAY 16 - JUNE 1, 2017) 21,674.31
BANK OF AMERICA PAYMENT (JUNE 2 - JUNE 15, 2017) 18,763.87
TOTAL OTHER FUNDS 270.10
80.02
CABLE ONE INTERNET SERVICE 258.76
COUNCIL ON LAW ENFORCEMENT MEALS (CLEET TRAINING) (PO#18-09747) 1,320.00
COUNCIL ON LAW ENFORCEMENT MEALS (CLEET TRAINING) (PO#18-09748) 1,320.00
DAVID WRIGHT MEAL PER DIEM (PO#18-09710) 688.50
FUELMAN JULY FUEL USAGE 813.10
JEFF BIRDSONG CORPORAL EXAM FEE (PO#18-09732) 250.00
JOSHUA ARNOLD MEAL PER DIEM (CLEET) (PO#18-09762) 700.00
LUBE-N-GO OIL CHANGES 69.90
O'REILLY AUTO WIPER BLADES, HUB ASSEMBLY 283.20
RAYMOND ROGERS MEAL PER DIEM (CLEET) (PO#18-09763) 700.00
TRANSUNION BACKGROUND CHECK SERVICE 111.50
VERIZON WIRELESS CELL PHONE SERVICE 437.25
7,411.67
FIRE DEPARTMENT
B & B HEAT & AIR LABOR, FAN BLADE 163.00
CONRAD FIRE EQUIPMENT GASKET, BRACKET 43.91
FELD FIRE LABOR, PARTS, FUEL SURCHARGE (PO#18-09723) 1,393.00
HENRY KRAFT, INC. DEODORIZER, CLEANER 181.72
KATNER MILLS WIPER BLADE 7.29
OKLAHOMA STATE UNIVERSITY CPR CARDS 240.00
PRAETORIAN DIGITAL ANNUAL SUBSCRIPTION (ON-LINE TRAINING) (PO#18-09757) 2,094.00
TREASE INDUSTRIAL & WELDING OXYGEN 15.85
4,320.23
POLICE COMMUNICATIONS
OK DEPARTMENT OF PUBLIC SAFETY OLETS USER FEE (PO#18-09606) 700.00
PIONEER PRINTING BUSINESS CARDS (V. BARGER) 30.00
730.00
33.21
OKLAHOMA NATURAL GAS JULY GAS SERVICE 96.78
966.86
CEMETERY
LARRY & JUDY LEE LAND RE-SALE (PO#18-09656) 450.00
NORTHERN SAFETY LOCKOUT/TAGOUT KIT 84.11
1,525.43
HK ELECTRIC LABOR (OUTSIDE LIGHT, MOTION SWITCH) 110.00
274.54
27.71
WELCH STATE BANK TRACTOR/MOWER LEASE (AUGUST) 1,175.97
1,923.16
LIBRARY
GALE CENGAGE BOOK ORDER 69.72
INGRAM LIBRARY SERVICES BOOK ORDERS 500.40
JUNIOR LIBRARY GUILD BOOK ORDER (PO#18-09696) 652.00
PENWORTHY BOOK ORDER 97.23
1,635.50
MIAMI SENIOR CENTER AUGUST CONTRACT (PO#18-09703) 1,000.00
N. GEORGEANN ROYE REVIEW OF CONTRACTS (PO#18-09804) 2,205.00
OK UNIFORM BUILDING CODE JULY PERMIT FEES 212.00
10,660.00
INVESTIGATIVE CONCEPTS PRE-EMPLOYMENT BACKGROUND CHECKS 103.85
KIM HORN MEAL PER DIEM (OML) (PO#18-09765) 81.00
KIM HORN MEAL PER DIEM (TULSA) (PO#18-09742) 12.75
MCAFEE & TAFT PROFESSIONAL SERVICES (ANDERSON) (PO#18-09724) 3,471.35
3,681.70
OLSSON ASSOCIATES HWY 125 FEASIBILITY STUDY (PO#18-09785) 979.94
8,855.87
2,687.56
DEMOLITION FUND
COLLINS CONSTRUCTION PROPERTY DEMOLITION (227 F NE, 524 3RD NE) (PO#18- 09722) 5,677.20
NEO ROLL-OFF SERVICES PROPERTY DEMOLITION (320 B SE) 7,644.00
13,321.20
1,566.85
HANDMADE OKLAHOMA MERCHANDISE (PO#18-09726) 1,158.00
HOT FOCUS, INC. MERCHANDISE 364.00
MCGEE HONEY FARMS MERCHANDISE (PO#18-09712) 1,193.00
SNAPPY CHICKS BOUTIQUE MERCHANDISE (PO#18-09725) 649.00
4,040.93
MCVB
CONTRACTORS PORTABLES PORTA-LETS, HAND WASH STATIONS (PO#18-09608) 930.00
GREEN COUNTRY MARKETING DIGITAL MARKETING ADVERTISING (PO#18-09699) 975.00
J. F. GRIFFEN SPONSOR (OK HUNTING & FISHING GUIDE) (PO#18-09611) 2,400.00
OKLAHOMA TRAVEL INDUSTRY ASSOC. 2017-2018 MEMBERSHIP DUES 100.00
SHOW ME ADVERTISING 250.00
MIAMI ARMATURE WORKS FAN BLADE, HUB 71.09
WISPER ISP BUSINESS INTERNET(AUGUST) 59.99
297.01
254,341.5 3
(JUNE 30, 2017 PAYABLES)
MUNICIPAL COURT HOLIDAY INN/STILLWATER-LODGING/C TAYLOR 308.88 TOTAL 308.88
POLICE DEPARTMENT O'REILLY AUTO -UNIT 1402 BRAKE PADS 52.52 LACROSSE-BOOTS/A HANSON 162.31 TOTAL 214.83
FIRE DEPARTMENT WWW.ATBATT.COM-BATTERY 146.95 LIGHTBULBSCOM-SCENE LIGHTBULBS 34.73 4 STATE MAINTENANCE-TOWELS, FLOOR FINISH 175.00 CABLE ONE-MAY SERVICES/N STATION 171.71 CABLE ONE-MAY SERVICES/S STATION 162.95 TOTAL 691.34
POLICE COMMUNICATIONS WALMART-NOTEBOOKS 9.60 TOTAL 9.60
CODE COMPLIANCE ACE HARDWARE-STAKES, STAPLE GUN, MALLET 66.35 O'REILLY AUTO-UNIT CC1 PM SERVICE 31.15 O'REILLY AUTO-UNIT 125 WINDOW REPAIR 156.41 M & D LUMBER-ABATEMENT LUMBER 76.83
TOTAL 330.74
STREET DEPARTMENT UNITED ENGINES-UNIT 5248 PARTS 124.27 KARNES MIAMI-UNIT 5240 TIRES 407.00 KIRBY-SMITH-HYD TEMP SWITCH 313.73 FABICK-UNIT 5237 WATER PUMP 247.52 KARNES MIAMI-UNIT 5250 TIRE 85.00 VICTOR PHILLIPS-UNIT 5245 TEMP SENSOR 68.30 KATNER MILLS-UNIT 224 DEF FLUID 26.98 WALMART-WD40, POTHOLE PATCHER 28.64 SAFETY KLEEN-USED OIL PICK UP 85.00 ACE HARDWARE-GLUE 23.98 TOTAL 1,410.42
CEMETERY WALMART-FLOWERS/BABYLAND 19.14 SUNKISSED-FLOWERS/BABYLAND 129.91 ACE HARDWARE-WEEDBLOCK 12.99 SUNKISSED-FLOWERS/BABYLAND 11.36 TRACTOR SUPPLY-TARP, TRAILER ADAPTER 46.98 ANN'S FLOWERS-3 MO BRITISH FLYERS MAINT 900.00 ANN'S FLOWERS-BRITISH FLYERS INIT PLANTING 1,100.00 WALMART-BOTTLED WATER/SCOUTS 29.70 WALMART-ICE 7.84 SUNKISSED-PLANT 39.95 LOCKE SUPPLY-PVC/ADOPT-A-FLAG 3.04 WALMART-MP3 PLAYER 14.88 WALMART-COOKIES/SCOUTS 39.00 TOTAL 2,354.79
FACILITIES 4 STATE MAINTENANCE-TOWELS, GLOVES 217.62 4 STATE MAINTENANCE-AIR FRESHENER 54.24 M & D LUMBER-IT TRIM & SEALANT 17.86 ACE HARDWARE-FLEX SEAL/GYM ROOF 38.97 AMAZON.COM-IT PORTABLE A/C 384.99 LOCKE SUPPLY-PLUMBING SUPPLIES/KITCHEN 9.11 AMAZON.COM-CABLES 50.64 LOCKE SUPPLY-IT COLLAR, DUCT STRAPS 12.58 LOCKE SUPPLY-URINAL & CLOSET KITS 85.33 LOCKE SUPPLY-IT EXHAUST VENTS ITEMS 50.11 ACE HARDWARE-C BATTERIES 14.99 LOCKE SUPPLY-IT EXHAUST VENT 6.72 TOTAL 943.16
SWIMMING POOL ACE HARDWARE-POOL SUPPLIES 135.86 O'REILLY AUTO-EXHAUST FAN BELT 12.07 ACE HARDWARE-POOL SUPPLIES 63.88 LOWE'S -POOL PAY WINDOW 156.82 LOCKE SUPPLY-POOL SUPPLIES 60.69 LINCOLN AQUATICS-NO RUNNING SIGNS 74.90 WALMART-POOL SUPPLIES 90.82
LOCKE SUPPLY-POOL SINK REPAIR PARTS 22.82 LINCOLN AQUATICS-POOL BULBS 180.85 LINCOLN AQUATICS-LIGHT FIXTURE 315.31 WALMART-POOL SUPPLIES 292.06 WALMART-POOL SUPPLIES 65.18 LINCOLN AQUATICS-UMBRELLAS 533.27 WALMART-CONCESSIONS START UP 131.33 WALMART-BUNS, KETCHUP, FUN POPS 70.32 WALMART-GATORADE, WATER 81.66 WALMART-SODA POP 382.08 LIFEGUARD STORE-WOMEN'S SHORTS 63.00 LIFEGUARD STORE-TEES, SWIMSUITS 1,443.42 LIFEGUARD STORE-LANYARDS, WHISTLES 464.80 EAST AQUATICS-TRAINING/K BALDRIDGE 35.00 EAST AQUATICS-TRAINING/R PANTER 35.00 EAST AQUATICS-TRAINING/S HARWOOD 35.00 EAST AQUATICS-TRAINING/T STEPP 35.00 MICROTEL/MIAMI-LODGING/WATER SAFETY INSTR 145.98 TOTAL 4,927.12
ANIMAL CONTROL LOCKE SUPPLY-AIR FILTERS 26.52 MIAMI ANIMAL HOSPITAL-EUTHANASIA 50.00 MIAMI ANIMAL HOSPITAL-EUTHANASIA 86.00 WALMART-STRAIGHT TALK PHONE 94.75 MIAMI ANIMAL HOSPITAL-PARVO TEST 35.00 MIAMI ANIMAL HOSPITAL-EUTHANASIA 50.00 TRACTOR SUPPLY-DOG FOOD 229.87 TOTAL 572.14
PARKS DEPARTMENT ACE HARDWARE-LEAF BLOWER/ABATEMENT 239.99 ACE HARDWARE-CHANNEL LOCKS 50.97 KATNER MILLS-SPARK PLUGS/TILLER 4.20 FABICK-UNIT 1211 LIGHTS 67.79 KATNER MILLS-UNIT 1321 OIL & FILTER 12.59 ACE HARDWARE-KEYS/NEW EMPLOYEES 40.79 M & D LUMBER-DOOR/LITTLE LEAGUE RESTROOM 105.00 LOCKE SUPPLY-RETURN FILTER GRILLE/LL 50.11 M & D LUMBER-DOOR FRAME/LITTLE LEAGUE 60.00 ACE HARDWARE-ROPE/ABATEMENT 75.00 ACE HARDWARE-METAL GAS CANS 99.98 LOCKE-REPLACE FLUSH VALVE/SOFTBALL CONC 17.37 WALMART-RADIO/KABOTA TRACTOR 19.84 LOCKE SUPPLY-AIR FILTERS 69.48 KATNER MILLS-UNIT 1209 HYDRAULIC HOSE 49.34 WALMART-UNIT 1219 SPEAKERS 24.53 TRACTOR SUPPLY-TRAILER HITCH PIN 7.49 WALMART-STRAIGHT TALK PHONE 94.75 TOTAL 1,089.22
LIBRARY WALMART-OFFICE SUPPLIES 39.80 USPS-INTER LIBRARY LOAN POSTAGE 13.44
USPS-POSTAGE STAMPS 49.00 USPS-INTER LIBRARY LOAN POSTAGE 11.41 TEACHERSPAYTEACHERS-STEM PRODUCTS 17.00 WALMART-ITEMS/FARMERS MARKET 35.06 SOUPER SWEETS-CATERING/LITERACY 318.00 WALMART-VOLUNTEER APPRECIATION ITEMS 62.62 TOTAL 546.33
MCVB FACEBOOK-ONLINE ADS 250.96 LAKELAND-COLOR COPIES 332.94 TOTAL 583.90
HUMAN RESOURCES FRED PRYOR-MARKETING CLASS/K HORN 106.95 WALMART-EMPLOYEE MEETING ITEMS 30.00 WALMART-WELLNESS COMMITTEE ITEMS 59.18 TOTAL 196.13
STREET & ALLEY O'REILLY AUTO-#5248 TRANS FILTER & FLUID 197.28 KATNER MILL-UNIT 5248 PM SERVICE 129.39 UNITED ENGINES- UNIT 5248 NOZZLES, CABLE 356.80 UNITED ENGINES- UNIT 5248 LIFT SPRING 54.12 TOTAL 737.59
PARKS & RECREATION FUND PEREGRINE-MSRP INSERTS 1,165.50 PAYPAL-TEST PURCHASE 5.00 HIBBETT SPORTS-SCOREBOOKS 27.96 HOLMAN SEED-CLAY 470.00 HOLMAN SEED-MARKING DUST 290.00 TOTAL 1,958.46
GRANT FUND WALMART-COMMUNITY GARDEN VEGETABLES. 222.26 WALMART-SPRAY PAINT/KIDS GARDEN 35.70 M & D LUMBER-CONCRETE BLOCKS/KIDS GARDEN 81.00 TOTAL 338.96
TRAVEL INFO CENTER AURORA WORLD-STUFFED ANIMALS 905.97 SAM'S CLUB-RETAIL MERCHANDISE 460.58 SAM'S CLUB-COFFEE 56.76 SNAPPY CHICKS-RETAIL MERCHANDISE 451.50 AURORA WORLD-STUFFED ANIMALS 116.26 SNAPPY CHICKS BOUTIQUE-SNAPS 57.50 TOTAL 2,048.57
AIRPORT WALMART-GUEST SERVICE SUPPLIES 25.02 TOTAL 25.02
MDRA WALMART-HAND SOAP 7.68 ACE HARDWARE-VENT CAP, WIRE MESH, PIPE 31.18 ROCKIN' G ROOFING-PATCH ROOF 2,000.00 AMAZON.COM-A/C REMOTE CONTROL 18.25 WALMART-BOTTLED WATER 21.00 MONTANA MIKES-LUNCH/ARKANSAS FNBC 304.00 TOTAL 2,382.11
(JUNE 30, 2017 PAYABLES)
LEGAL DIVISION PAYPAL/OML-OAMA DUES/B LORING 240.00 ODCR.COM-JUNE IMAGE ACCESS 50.00 TOTAL 290.00
POLICE DEPARTMENT KATNER MILLS-#1403 SERPENTINE BELT 17.99 KATNER MILLS-#1201 WIPER BLADES 21.80 KATNER MILLS-WIPER BLADES BALANCE 5.36 LACROSSE-BOOTS TAX CREDIT/A HANSON (22.31) AMERICAN LEGION EMBLEM-FLAGS 63.85 TOTAL 86.69
FIRE DEPARTMENT NORTHERN SAFETY-HELMET, SCBA REPAIR 524.53 O'REILLY AUTO-ENGINE 3 BULBS 9.52 WALMART-NORTH & SOUTH STATION SUPPLIES 162.88 ACE-NORTH STATION GARBAGE DISPOSAL 89.99 VERIZON WIRELESS-AIR CARDS 80.02 OTC-BOAT & MOTOR SERVICE FEE 0.89 OTC-BOAT & MOTOR TAGS 35.50 TOTAL 903.33
EMERGENCY MANAGEMENT ACE HARDWARE-EM TRUCK KEY BATTERIES 9.98 TOTAL 9.98
STREET DEPARTMENT KATNER MILLS-UNIT 5220 FUEL FILTER 13.88 KATNER MILLS-SPRING BRAKE, CLEVIS KIT 88.98 O'REILLY AUTO-FUSES, BREAKERS 18.96 TOTAL 121.82
CEMETERY NEO CONCRETE-CONCRETE, MARKERS 167.00 WALMART-LEADERSHIP SNACKS 24.88 DEQ-OPERATOR CERTIFICATE-K BABBITT 46.00 CABLE ONE-JUNE SERVICES 69.95 TOTAL 307.83
FACILITIES AMAZON PRIME-MEMBERSHIP 10.99 AMAZON PRIME-MEMBERSHIP 99.00 AMAZON PRIME-MEMBERSHIP CREDIT (10.99) ACE HARDWARE-IMPACT DRILLS, READY SET 209.97 4 STATE MAINTENANCE-CLEANING SUPPLIES 183.85 LOCKE SUPPLY-IT FLEX DUCT, STRAIT COLLAR 32.83 MOJO-WATER COOLER FILTERS 374.75 AMAZON.COM-SUSPEND SC 74.80 ACE HARDWARE-TRASH BAGS CREDIT (59.95) ACE HARDWARE-TRASH BAGS, SHOVELS 125.92 AMAZON.COM- CT14 HEADSETS 61.41 AMAZON.COM-TV STAND, CABLE 131.54 LOCKE SUPPLY-PLUGS, ZIP TIES 10.80 COLE EQUIPMENT-TILE CHIPPER RENTAL 92.40 LOCKE SUPPLY-T5 LIGHT BULBS 57.80 FASTENAL-TENSIONER, STRAP, SEALS 313.16 TOTAL 1,708.28
SWIMMING POOL WALMART-WADING POOL CHORINE 372.00 WALMART-CLOROX CLEAN WIPES 7.94 WALMART-FEMININE PRODUCTS 3.97 ACE HARDWARE-WADING POOL PUMP PARTS 83.58 ACE HARDWARE-WADING POOL PUMP PART 8.99 ACE HARDWARE-LIFEGUARD CHAIR ANCHORS 31.50 LINCOLN AQUATICS-RESCUE TUBES 392.53 ACE-GUARD SHACK DOOR KNOB, BARS 84.98 WALMART-BOTTLED WATER 210.00 WALMART-CONCESSION SUPPLIES 51.79 WALMART-CONCESSION BEVERAGES 379.06 WALMART-KETCHUP, FUN POPS, HOT DOG BUNS 51.95 WALMART-TORTILLA CHIPS 29.80 WALMART-HOT DOG BUNS 16.56 WALMART-CONCESSION BEVERAGES 279.22 LIFEGUARD STORE-SWIMSUITS, SHORTS 234.50 WALMART-NECKLACES, BRACELETS 49.88 WALMART-FEBREZE, DIVE RINGS 47.90 TOTAL 2,336.15
ANIMAL CONTROL KATNER MILLS-UNIT 5111 PM SERVICE 26.73 ANIMAL CARE EQUIPMENT-CATCH POLES 375.12 ANIMAL CARE EQUIPMENT-SHIPPING OVERCHARGE (42.67) MIAMI ANIMAL HOSPITAL-EUTHANASIA, CARE 167.00 TOTAL 526.18
PARKS DEPARTMENT FASTENAL-HARDHATS, SAFETY VESTS 197.46 TRACTOR SUPPLY-ABATEMENT CREW TOOLS 280.71 TRACTOR SUPPLY-POWER WASHER 399.99 ACE HARDWARE-WEEDEATER PLUG, FILTER 5.99 O'REILLY AUTO-ANTENNA, RECEIVER 53.48 ELECTRONICS ETC-POOL PA SYSTEM 2,053.70 ACE-WOMENS & MENS RESTROOM STICKERS 9.96 MIAMI AUTO COLOR-URETHANE 61.00 LOCKE SUPPLY-WATER HYDRANT 34.01 ACE HARDWARE-LITTLE LEAGUE DUGOUT PAINT 356.25 LOCKE SUPPLY-TOILET/SOFTBALL RESTROOM 132.26 LOCKE SUPPLY-JOHNNIE RING, TOILET SEAT 37.41 TOTAL 3,622.22
LIBRARY AMAZON.COM-CHILDREN'S BOOK 9.65 ONLINE LABELS-BOOK LABELS 78.10 USPS-INTER LIBRARY LOAN POSTAGE 16.41 USPS-INTER LIBRARY LOAN POSTAGE 2.97 LINCOLN INN/OKC-LODGING/M JOHNSON 65.00 PARCS/OKC-PARKING/M JOHNSON 8.00 USPS-POSTAGE/LTAIO BOOKS 28.84 TOTAL 208.97
MCVB LOCKE SUPPLY-LIGHT SENSOR 18.62 UMX-8MAN PLAYERS LANYARDS 172.50 AMAZON.COM-MOVIE/8MAN PLAYERS 14.19 SAMSCLUB.COM-8MAN FOOD SUPPLIES 334.23 4IMPRINT-PORTFOLIOS/8MAN BOARD 344.81 SAM'S CLUB-8MAN SUPPLIES 176.97 ACADEMY-8MAN CHEER SHORTS 208.72 MARVINS-BOTTLED WATER/8MAN 174.30 WALMART-SHIRT BOXES/8MAN 35.91 WALMART-EXECUTIVE COMMITTEE SUPPLIES 126.70 VERIZON WIRELESS-AIR CARD 40.01 GOOGLE-ONLINE ADS 215.93 LAKELAND-COLOR COPIES 571.35 MARVIN'S-LUNCH/RODEO MIAMI MEETING 38.23 TOTAL 2,472.47
GENERAL GOVERNMENT VERIZON WIRELESS-COUNCIL IPADS 240.06 DOUBLETREE/OVERLAND PARK KS-BRKFAST CR (20.19) MIAMI NEWS RECORD-SUBSCRIPTION 114.00 WALMART-WATER/GUEST MEETINGS 7.96 SOUPER SWEETS-LUNCH/BOARD OF REVIEW 51.74 TOTAL 393.57
STREET & ALLEY ERGON ASPHALT-DURA PATCHER OIL 277.01 MIAMI INDUSTRIAL-SWEEPER HYD HOSE 49.44
ACE HARDWARE-ROLLERS/POOL CROSSWALK 19.95 TOTAL 346.40
PARKS & RECREATION FUND WALMART-MSRP SUPPLIES 129.82 WALMART-BINDERS, SHARPIES 42.53 ACE HARDWARE-PAPER CUPS 95.88 ROLLER CITY SKATE-SKATING/MSRP 868.00 WALMART-SPRAY PAINT 19.76 CROWN AWARDS-BB TOURNAMENT TROPHIES 160.20 SURVEYMONKEY.COM-SURVEY 26.00 TOTAL 1,342.19
INSURANCE FUND SAM'S CLUB-OPEN ENROLLMENT POPCORN 22.46 ORIENTAL TRADING-SUPPLIES/OPEN ENROLLMENT 66.90 WALMART-SUPPLIES/OPEN ENROLLMENT 373.04 TOTAL 462.40
GRANT FUND WALMART-MULCH/KID'S LITERACY GARDEN 5.74 TOTAL 5.74
TRAVEL INFO CENTER 4 STATE MAINTENANCE-TOWELS, SOAP 647.61 CATSTUDIO-PILLOWS 258.68 SNAPPY CHICKS-RETAIL MERCHANDISE 345.25 SAMSCLUB.COM-CANDY, SNACKS, POP 533.12 PRECISION PUNCH-RETAIL MERCHANDISE 487.00 TOTAL 2,271.66
AIRPORT O'REILLY AUTO-UNIT 14 BATTERY 84.73 TOTAL 84.73
MDRA WALMART-CLEANING SUPPLIES 38.78 LOWE'S-A/C HEATING UNIT 599.00 WALMART-BOTTLED WATER 23.88 ASCAP-MOVIE FEES 601.60 TOTAL 1,263.26
COUNCIL MEETING DATE:
September 19, 2017
AGENDA TITLE: Amend Contract With Crossland Construction as Construction Manager at Risk (CMAR) for Civic Center Renovation Construction Project to Establish the Guaranteed Maximum Price
BACKGROUND: Per the original contract this amendment is a house keeping matter.
The original contract Article 2.2.6 states:
“§ 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based.”
The amendment establishes the GMP within contract with Crossland Construction as CMAR for
the civic center rehabilitation project.
STAFFS RECOMMENDATION: Approve the amendment as presented. PRESENTER(S):
Jill Fitzgibbon/Kevin Browning/Travis Jones
September 19, 2017
AGENDA TITLE: Authorize City Manager to Approve Change Orders to the Civic Center Renovation Construction Manager At-Risk Project That Do Not Exceed the Council-Approved Guaranteed Maximum Price
BACKGROUND: Regarding the Civic Center Renovation CMAR Project, to keep costs down by allowing the project to progress in a timely fashion, staff is recommending the council authorize the City manager to approve Change Orders that do not exceed the GMP ($1,954,367). Change Orders can have a cost impact of a credit or debit. Note, the GMP does not include our architect’s cost of $134,851 for a total project cost of $2,089,219. In the spirit of “abundance of caution”, a “belt-and-suspenders” approach, staff recommends the council approve this request, so there is no question regarding our compliance with relevant law. STAFFS RECOMMENDATION: Approve the request as presented. PRESENTER(S):
Ben Loring/Jill Fitzgibbon
September 19, 2017
AGENDA TITLE: Discussion of Proposed Changes to Municipal Court Fine Schedule
BACKGROUND
City of Miami has not had a court fine increase since 2005 and has some of the lowest fine amounts in the area. The proposed fine increases, based on 2016 tickets issued, should generate an approximate 25 percent increase in funds. Proposed fine amounts were arrived at using comparison of court fine schedules for similar sized cities, staff/citizen suggestions, state law requirements/limitations and consideration for a reasonable ability of the average citizen to pay. Attached is a comparison of current court fines and proposed court fines with a column showing increase/decrease of these amounts for discussion/question/suggestion of the council with a final court fine increase schedule to be present to the council for approval at a later date.
STAFFS RECOMMENDATION:
PRESENTER(S):
ORDINANCE NAME O R
FI N
E A
M T
Flood Plain; code violation 10-11 $0 $30 $0 $500 $30 $530 $0 new
Noise Control 13-116 $100 $49 $149 $150 $49 $199 $50 plus
Assault: Fighting 13-117 $300 $49 $349 $300 $49 $249 $0
Profane Language 13-118 $100 $49 $149 $100 $49 $149 $0
TOC; non-intox (beer <.5) 13-119 $200 $99 $299 $150 $99 $249 $50 minus
TOC; Alcohol 13-120 $200 $99 $299 $200 $99 $299 $0
Curfew; 1st violation 13-122 $20 $49 $69 $50 $49 $99 $30 plus
Curfew; 2nd and subsequent 13-122.F $100 $49 $149 $100 $49 $149 $0
Curfew; Parent 13-122.D $100 $49 $149 $100 $49 $149 $0
Weapons; Discharge in City 13-123 $500 $49 $549 $500 $49 $549 $0
Nuisance: Party 13-124 $500 $49 $549 $300 $49 $349 $200 minus
Public Drunk 13-162 $100 $99 $199 $150 $99 $249 $50 plus
Possession; Marijuana 13-201 $500 $54 $554 $500 $54 $554 $0
Possession; Paraphenalia 13-202 $500 $54 $554 $500 $54 $554 $0
Tobacco: Sell/Furnish 1st 13-203B1 $50 $49 $99 $100 $49 $149 $50 plus
Tobacco: Sell/Furnish 2nd 13-203B2 $75 $49 $124 $125 $49 $174 $50 plus
Tobacco: Sell/Furnish 3rd 13-203B3 $100 $49 $149 $150 $49 $199 $50 plus
Tobacco: Youth Access 1st 13-203C1 $50 $49 $99 $75 $49 $124 $25 plus
Tobacco: Youth Access 2nd/Subsequ 13-203C2 $75 $49 $124 $100 $49 $149 $25 plus
Eluding an Officer 13-221 $200 $49 $249 $500 $49 $549 $300 plus
A&B on an Officer 13-222 $300 $49 $349 $500 $49 $549 $200 plus
Interference w/Officer 13-223 $300 $49 $349 $400 $49 $449 $100 plus
Assault/Battery 13-26/27 $300 $49 $349 $350 $49 $399 $50 plus
Larceny; Theft under $500 13-46 $300 $49 $349 $400 $49 $449 $100 plus
Obtain Merch by trick/deception 13-47 $300 $49 $349 $400 $49 $449 $100 plus
Larceny; Shoplifting 13-48 $300 $49 $349 $400 $49 $449 $100 plus
Trespassing 13-49 $100 $49 $149 $150 $49 $199 $50 plus
Trespass: Place of Amusement 13-50 $100 $49 $149 $150 $49 $199 $50 plus
Malicious Injury to Per/Prop 13-51 $300 $49 $349 $300 $49 $349 $0
Violence Against Per/Prop 13-78 $300 $49 $349 $300 $49 $349 $0
Weapons: Carrying on Person 13-79 $300 $49 $349 $400 $49 $449 $100 plus
Nuisance General 15-1 $100 $49 $149 $100 $49 $149 $0
Nuisance: Trash, Weeds, Etc 15-21-29 $60 $30 $90 $100 $30 $130 $40 plus
Nuisance: Trash, Weeds, Etc; Subsq 15-24 $0 $0 $0 $250 $30 $280 $250 plus
Nuisance: Dilapidated Bldg 15-31-35 $500 $30 $530 $500 $30 $530 $0
Nuisance: Inoperable Vehicles 15-41-55 $60 $30 $90 $100 $30 $130 $40 plus
Nuisance: Veh Presumed Abandoned 15-45 $60 $30 $90 $100 $30 $130 $40 plus
Nuisance: Littering 15-62 $100 $49 $149 $100 $49 $149 $0
Intinerant Merchant License 17-46 $500 $49 $549 $500 $49 $549 $0
Loitering: Private Residence 21-1171A $200 $49 $249 $200 $49 $249 $0
Obscene/Treat/Harass Calls 21-1172 $200 $49 $249 $200 $49 $249 $0
Disaster Area: Remain/Looting/etc 21-1212 $100 $49 $149 $300 $49 $349 $200 plus
Larceny: Gas Drive Off 21-1740 $100 $49 $149 $300 $49 $349 $200 plus
Littering 21-1761 $100 $49 $149 $100 $49 $149 $0
Moving Bldgs/Heavy Machinery 21-46 $500 $49 $549 $500 $49 $549 $0
Failure to stop at Road Block 21-540B $500 $49 $549 $250 $49 $299 $250 minus
DL Required/Current/Proper 23-101.A $100 $49 $149 $150 $49 $199 $50 plus
DL Restricted 23-101.B $60 $49 $109 $100 $49 $149 $40 plus
DL Suspended/Revoked/Cancelled 23-101.C $200 $49 $249 $300 $49 $349 $100 plus
Insurance Verification Required 23-102 $200 $49 $249 $250 $49 $299 $50 plus
Truck Routes; Must use 23-104 $100 $49 $149 $100 $49 $149 $0
Reckless Driving 23-126 $200 $49 $249 $250 $49 $299 $50 plus
Inattentive Driving 23-127 $60 $49 $109 $100 $49 $149 $40 plus
Texting; Vehicle in Motion 23-130 $100 $0 $100 $100 $0 $100 $0 mandated by state
Driving on Correct side of Roadway 23-146.A $60 $49 $109 $100 $49 $149 $40 plus
Driving Left of Center 23-146.C $60 $49 $109 $100 $49 $149 $40 plus
Overtaking on Left 23-148 $60 $49 $109 $100 $49 $149 $40 plus
Overtaking on Right 23-149 $60 $49 $109 $100 $49 $149 $40 plus
No Passing Zone 23-152 $60 $49 $109 $100 $49 $149 $40 plus
Driving Wrong way on One way 23-153 $60 $49 $109 $100 $49 $149 $40 plus
Following Too Closely 23-156 $60 $49 $109 $100 $49 $149 $40 plus
Speed Basic Rule 23-176 $60 $49 $109 $100 $49 $149 $40 plus
Speed Too Fast for Conditions 23-176.C $60 $49 $109 $100 $49 $149 $40 plus
Speeding: 10 over 23-177 $25 $49 $74 $50 $49 $99 $25 plus
Speeding: 11-15 23-177A $50 $49 $99 $75 $49 $124 $25 plus
Speeding: 16-19 23-177B $75 $49 $124 $100 $49 $149 $25 plus
Speeding: 20-25 23-177C $100 $49 $149 $125 $49 $174 $25 plus
Speeding: 26 and Over 23-177D $200 $49 $249 $200 $49 $249 $0
SPEEDING IN SCHOOL ZONES FINES AMTS DOUBLE
Speeding School Zone: 10 over 23-177S $50 $49 $99 $100 $49 $149 $50 plus
Speeding School Zone: 11-15 23-177SA $100 $49 $149 $150 $49 $199 $50 plus
Speeding School Zone: 16-19 23-177SB $150 $49 $199 $200 $49 $249 $50 plus
Speeding School Zone: 20-25 23-177SC $200 $49 $249 $250 $49 $299 $50 plus
Speeding School Zone: 26 and over 23-177SD $400 $49 $449 $400 $49 $449 $0
Excessive Acceleration 23-183 $100 $49 $149 $100 $49 $149 $0
Failure to Yield: Entry/Approach 23-201 $60 $49 $109 $100 $49 $149 $40 plus
Failure to Yield; Turning 23-202 $60 $49 $109 $100 $49 $149 $40 plus
Failure to Yield; Intersection 23-203 $60 $49 $109 $100 $49 $149 $40 plus
Failure to Yield; Entering from Priv Drive 23-204 $60 $49 $109 $100 $49 $149 $40 plus
Failure to Yield; Emergency Vehicle 23-205 $60 $49 $109 $200 $49 $249 $140 plus
Turning Movements: Generally 23-224 $60 $49 $109 $100 $49 $149 $40 plus
Turning Movements: U-turns 23-227 $60 $49 $109 $100 $49 $149 $40 plus
Obedience to RR Signal 23-246 $80 $49 $129 $125 $49 $174 $45 plus
Stop Signs at Intersections 23-248 $60 $49 $109 $100 $49 $149 $40 plus
Stop When Emerge from Alley, etc 23-249 $60 $49 $109 $100 $49 $149 $40 plus
School Bus; Meet/Overtake 23-250 $160 $49 $209 $300 $49 $349 $140 plus
Entering Work or Safety Zone 23-326/327 $500 $49 $549 $500 $49 $549 $0
Bicycles: Traffic Laws Apply 23-347 $25 $49 $74 $60 $49 $109 $35 plus
Bicycles: Multiple Riders 23-348 $25 $49 $74 $60 $49 $109 $35 plus
Clinging to Outside of Vehicles 23-349 $500 $49 $549 $300 $49 $349 $200 minus
Bicycle: Equipment Required 23-352 $25 $49 $74 $60 $49 $109 $35 plus
Bicycles: Riding on Sidewalks 23-353 $25 $49 $74 $60 $49 $109 $35 plus
Pedestrians: Obedience to Traff Laws 23-371 $500 $49 $549 $100 $49 $149 $400 minus
Pedestrians: Right-of-Way Crosswalk 23-372 $60 $49 $109 $100 $49 $149 $40 plus
Pedestrians: Outside of Crosswalk 23-373 $500 $49 $549 $100 $49 $149 $400 minus
Pedestrians: Hitching 23-377 $500 $49 $549 $200 $49 $249 $300 minus
Pedestrians: Walking in Roadway 23-378 $500 $49 $549 $100 $49 $149 $400 minus
Motorcycle: Helmet Required 23-398 $25 $49 $74 $60 $49 $109 $35 plus
Obedience to Police/Fire Officer 23-4 $500 $49 $549 $300 $49 $349 $200 minus
Failure to Dim Lights 23-4116 $500 $49 $549 $100 $49 $149 $400 minus
Vehicle; Equipment Generally 23-416 $50 $49 $99 $75 $49 $124 $25 plus
Vehicle; Muffler 23-417 $50 $49 $99 $75 $49 $124 $25 plus
Vehicle; Tag Expired/Bogus 23-419 $50 $49 $99 $75 $49 $124 $25 plus
Failure to Secure Load 23-420 $100 $49 $149 $300 $49 $349 $200 plus
Seatbelt: Child Restraint 23-421 $50 $49 $99 $60 $49 $109 $10 plus
Seatbelt; Mandatory use 23-422 $20 $0 $20 $20 $0 $20 $0 mandated by state
Unattended Vehicle 23-441 $60 $49 $109 $100 $49 $149 $40 plus
Limitations on Backing 23-442 $60 $49 $109 $100 $49 $149 $40 plus
Overloaded/Obstructed Vehicle 23-444 $500 $49 $549 $200 $49 $249 $300 minus
Opening Doors into Traffic 23-445 $50 $49 $99 $100 $49 $149 $50 plus
Crossing a Fire Hose 23-448 $500 $49 $549 $300 $49 $349 $200 minus
Obstructing Traffic 23-450 $60 $49 $109 $100 $49 $149 $40 plus
Driving Thru Procession/Parade 23-451 $60 $49 $109 $200 $49 $249 $140 plus
Driving on Sidewalk 23-452 $500 $49 $549 $500 $49 $549 $0
Littering; Glass/Trash/etc on Highway 23-453 $100 $49 $149 $100 $49 $149 $0
Disobey Traffic Control Device 23-47 $60 $49 $109 $100 $49 $149 $40 plus
Avoiding Traffic Control Device 23-54 $60 $49 $109 $100 $49 $149 $40 plus
Injure/Remove Official Devices 23-56 $500 $49 $549 $500 $49 $549 $0
Leaving Scene; Acc w/Pers Injury 23-77 $100 $49 $149 $300 $49 $349 $200 plus
Leaving Scene; Acc w/Dam to Vehicle 23-78 $100 $49 $149 $300 $49 $349 $200 plus
Leaving Scene; Info and Aid 23-79 $100 $49 $149 $300 $49 $349 $200 plus
Leaving Scene: Duty Strking Unatt Veh 23-80 $100 $49 $149 $300 $49 $349 $200 plus
Leaving Scene; Duty Strking Fixtures 23-81 $100 $49 $149 $300 $49 $349 $200 plus
Filing False Reports 23-85 $500 $49 $549 $500 $49 $549 $0
Permitting Unauth Minor to Drive 23-9 $100 $49 $149 $100 $49 $149 $0
Larceny; Meter Tampering 24-1 $200 $49 $249 $400 $49 $449 $200 plus
Utility; Use of Service w/o payment 24-31 $300 $49 $349 $400 $49 $449 $100 plus
Commercial Bus in Residential District 26-167 $200 $30 $230 $200 $30 $230 $0
Zoning; Building Permits 26-28 $100 $30 $130 $200 $30 $200 $100 plus
Swimmings Pools; Secured 26-438 $500 $30 $530 $500 $30 $530 $0
Beer: Consume in Public Places 3-2 $60 $99 $159 $100 $99 $199 $40 plus
Alcohol: Possession by Minor 3-3 $100 $99 $199 $100 $99 $199 $0
Alcohol: Delivery/Sales to Minor 3-33 $200 $99 $299 $300 $99 $399 $100 plus
Povide False ID 3-5 $100 $49 $149 $300 $49 $349 $200 plus
Animals: Care/Treatment 4-100 $100 $49 $149 $200 $49 $249 $100 plus
Animals: Excrement 4-103 $500 $49 $549 $100 $49 $149 $400 minus
Animals: Wild/Exotic Prohibited 4-104 $500 $49 $549 $500 $49 $549 $0
Animals: Harboring Vicious 4-11 $100 $49 $149 $150 $49 $199 $50 plus
Animals: Slaughter/Butcher 4-12 $500 $49 $549 $100 $49 $149 $400 minus
Animals: Running at Large 1st 4-4 $25 $49 $74 $60 $49 $109 $35 plus
Animals: Running at Large 2nd/Subsequ 4-4D $60 $49 $109 $100 $49 $149 $40 plus
Animals: Nuisance Generally 4-5 $60 $49 $109 $60 $49 $109 $0
Animals: Rabies Control 4-7 $60 $49 $109 $150 $49 $199 $90 plus
Animals: Limit on Number 4-83 $500 $49 $549 $150 $49 $199 $350 minus
Fire: Open Burning 9-67 $60 $49 $109 $200 $49 $249 $140 plus
Parks: Use of Facilities PK1-1101 $100 $49 $149 $150 $49 $199 $50 plus
Parks: Damage to PK1-1107 $500 $49 $549 $300 $49 $349 $200 minus
Parks: Closing PK1-1114 $100 $49 $149 $150 $49 $199 $50 plus
Parks: Curfew PK1-1115 $100 $49 $149 $150 $49 $199 $50 plus
Parks: Road Designations PK2-1203 $100 $49 $149 $150 $49 $199 $50 plus
Parks: Vehicle Operation PK2-1205 $100 $49 $149 $150 $49 $199 $50 plus
Parking: Prohibited Places 23-270 $15 $0 $15 $25 $0 $25 $10 plus
Parking: Method 23-271 $15 $0 $15 $25 $0 $25 $10 plus
Parking: Handicap 23-272 $25 $0 $25 $50 $0 $50 $25 plus
Parking: For Sale on Private Property 23-273 $15 $0 $15 $25 $0 $25 $10 plus
Parking: Prohibited Area 23-275 $15 $0 $15 $25 $0 $25 $10 plus
Parking: In Alleys 23-276 $15 $0 $15 $25 $0 $25 $10 plus
Parking: Oversize Veh on Street 23-277 $15 $0 $15 $25 $0 $25 $10 plus
Parking: On Property of Another 23-278 $15 $0 $15 $25 $0 $25 $10 plus
Parking: Fire Lanes 23-280 $100 $0 $100 $100 $0 $100 $0
MIAMI CITY COUNCIL ACTION/DECISION REQUEST
Sept. 19,2017
AGENDA TITLE: Items 10-17 Ordinances amending or creating sections of Code in response to the passage of State Question 780
BACKGROUND:
State Question 780 changed certain non-violent drug- and theft-related crimes from felonies to
misdemeanors, which come with a maximum penalty of one year in prison and a fine of $1,000,
thereby reducing the number and duration of state prison sentences for those crimes.
Since State Question 780 reclassified certain crimes as misdemeanors it is intended to save the
state prison system money by reducing the number and duration of incarcerations.
Previously, possession of most illegal drugs was a felony according to state law. State Question
780 made all simple drug possession a misdemeanor. The measure continued the classification
of drug manufacturing, trafficking, and selling as felony offenses.
Previously, a theft or forgery of property worth over $500 dollars was considered a felony
offense by state law. State Question 780 raised that threshold to $1,000 dollars. State
legislation passed in 2016 enacted reforms that included many of the changes proposed by
State Question 780 to laws governing property crime.
What does this mean in Miami?
As a result of the changes, the City of Miami must make adjustments in its code of ordinances.
A series of ordinances are presented to you as follows:
2017-10 Which Amends Section 1-5 (General Penalty; Continuing Violations), All Contained
Within Chapter 1 (General Provisions), Of The City Of Miami Code Of Ordinances; Setting Out
The General Penalties For Criminal Violations Of The Miami Code Of Ordinances
2017-11 Which Amends Section 13-46 (Larceny), All Contained Within Chapter 13
(Miscellaneous Provisions And Offenses), Article Iii (Offenses Against Property Rights) Of The
City Of Miami Code Of Ordinances; Outlawing The Taking Of Personal Property.
2017-12 Which Amends Section 13-47 (Obtaining Property By Trick Or Deception, False
Statements Or Pretenses, Confidence Games, False Or Bogus Checks, Etc.), All Contained
Within Chapter 13 (Miscellaneous Provisions And Offenses), Article Iii (Offenses Against Property
Rights) Of The City Of Miami Code Of Ordinances; Outlawing The Taking Of Personal Property.
2017-13 Which Creating Section 13-47.1 (Defrauding Hotels, Inns, Restaurants, Etc.), All
Contained Within Chapter 13 (Miscellaneous Provisions And Offenses), Article Iii (Offenses
Against Property Rights) Of The City Of Miami Code Of Ordinances; Outlawing The Defrauding
Of Hotels, Inns, Restaurants, Etc.
2017-14 Which Amends Section 13-48 (Shoplifting), All Contained Within Chapter 13
(Miscellaneous Provisions And Offenses), Article Iii (Offenses Against Property Rights) Of The
City Of Miami Code Of Ordinances; Outlawing The Stealing Of Personal Property From
Merchants.
2017-15 Which Creates Section 13-48.1 (Gasoline Pump Thievery), All Contained Within Chapter
13 (Miscellaneous Provisions And Offenses), Article Iii (Offenses Against Property Rights) Of The
City Of Miami Code Of Ordinances; Outlawing The Stealing Of Gasoline From A Retailer.
2017-16 Which Amends Section 13-54 (Receiving Stolen Property), All Contained Within Chapter
13 (Miscellaneous Provisions And Offenses), Article Iii (Offenses Against Property Rights) Of The
City Of Miami Code Of Ordinances; Outlawing The Possession Of Stolen Personal Property.
2017-17 Which Amends Section 13-201 (Marijuana), All Contained Within Chapter 13
(Miscellaneous Provisions And Offenses), Article Vi (Offenses Against Public Decency And
Morality), Division 3 (Drugs And Related Offenses) Of The City Of Miami Code Of Ordinances;
Outlawing The Possession Of Marijuana And Other Drugs.
STAFFS RECOMMENDATION: Discussion Purposes Only
PRESENTER(S):
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ORDINANCE NO. 2017-10 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA AMENDING SECTION 1-5 (GENERAL PENALTY; CONTINUING VIOLATIONS), ALL CONTAINED WITHIN CHAPTER 1 (GENERAL PROVISIONS), OF THE CITY OF MIAMI CODE OF ORDINANCES; SETTING OUT THE GENERAL PENALTIES FOR CRIMINAL VIOLATIONS OF THE MIAMI CODE OF ORDINANCES. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, Section 1-5 was enacted and was originally codified in 1964 as Section 1-5, of the City of Miami Code of Ordinances, and was amended on June 17, 2004 by Ordinance 1478, and was subsequently amended again on November 5, 2012 by Ordinance 1594; and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, modifying the various misdemeanors in Oklahoma, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to amend this Section, to bring it into conformity with the spirit of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT SECTION 1-5, CHAPTER 1 (GENERAL PROVISIONS), OF THE CITY OF MIAMI CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS:
SECTION ONE – Section 1-5 shall be amended to read as follows:
Sec. 1-5. - General penalty; continuing violations. (a)
In this section a violation of this Code means:
(1)
Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;
(2)
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or
(3)
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(4)
A violation of this Code shall not include the failure of a city officer or employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
(5)
With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate violation punishable as a separate offense.
(b)
The Municipal Court may not impose a penalty, including fine or deferral fee in
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lieu of a fine and costs, which is greater than that established by a state statute for the same offense. In the event that a state statute provides a specific penalty for the same offense which is less, in whole or in part, than the general penalty provided by this Section, then such lesser penalty provided by state statute shall apply to cap the penalty for a violation of the respective municipal ordinance.
(c)
The Municipal Court may not impose a penalty, including fine or deferral fee in lieu of fine and costs, which exceeds the authority granted by 11 O.S. § 14-111. In the event that a state statute provides a specific penalty for the same offense which is greater, in whole or in part, than the authority granted by 11 O.S. § 14- 111, then the applicable provision of 11 O.S. § 14-111 shall apply to cap the penalty for a violation of the respective municipal ordinance.
(d)
Except as otherwise restricted by law, a person convicted of a violation of a section of this Code shall be punished as set forth in that section and in the absence of such provision, by the following maximum fine or deferral fee in lieu of a fine:
(1)
The maximum fine or deferral fee in lieu of a fine for traffic-related offenses relating to speeding or parking shall not exceed $200.00.
(2)
The maximum fine or deferral fee in lieu of a fine for all other offenses, the maximum fine or deferral fee in lieu of a fine shall not exceed $ $500.00.
(3)
The City of Miami has determined as a matter of policy that no offence against its Code of Ordinances will be punishable by incarceration for such offense, and therefore there is no imprisonment set for any violation of the City’s ordinances. Provided, however, if in the discretion of the municipal judge, incarceration is appropriate as a means to address willful violations of court orders, it is a possible remedy he or she may utilize for contempt of court, within the parameters otherwise set by law.
(e)
A person convicted of a violation of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges shall be punished by a maximum fine or deferral fee in lieu of a fine which shall not exceed $500.00.
(f)
The Clerk of the Court is authorized to charge and collect court costs and fees in the amount(s) and in the manner provided by State Statutes, including, but not limited to 11 O.S. § 27-126 (Court Costs and Fees) and section 14-34 (Costs taxed to defendant) of this Code of Ordinances.
(g)
Persons convicted of a violation of this Code may be required to make restitution to their victim. Persons convicted of a violation of this Code may be required to undergo evaluations, counseling, community service and other such remedial programs as may be provided for by this Code or otherwise allowed by law.
(h)The imposition of a penalty does not prevent revocation or suspension of any license, permit or franchise.
(i)
Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
(Code 1964, § 1-5; Ord. No. 1478, § 1, 6-17-04; Ord. No. 1594, § 1, 11-5-12)
Charter reference— Authority of city to enforce ordinances by fine, Art. III, § 32; collection of fines, Art. III, § 33.
Cross reference— Municipal court, ch. 14.
State Law reference— Penalties for ordinance violations, 11 O.S. § 14-111.
SECTION TWO - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect. SECTION FOUR – Effective Date __________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
_________________________________________ PASSED AND APPROVED this _________day of __________________, 2017.
__________________________________ Rudy Schultz, Mayor ATTEST: APPROVED: __________________________________ __________________________________ City Clerk City Attorney [seal]
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ORDINANCE NO. 2017-11 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA AMENDING SECTION 13-46 (LARCENY), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE TAKING OF PERSONAL PROPERTY. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, Section 13-46 was enacted and was originally codified in 1964 as Section 12-17, of the City of Miami Code of Ordinances, and dealt with larceny of personal property; and WHEREAS, the former Section 12-17 was subsequently amended and was re- codified as Section 13-46 and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, modifying the circumstances in Oklahoma under which larceny of personal property is a misdemeanor, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance setting forth amendments that modifies or removes parts of the Section, to bring it into conformity with the provisions of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT SECTION 13-46 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS:
Sec. 13-46. - Larceny.
(a)
Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.
(b)
One who finds lost property under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of larceny.
(c)
Larceny is a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00).
(Code 1964, § 12-17)
SECTION TWO - Severability
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If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect. SECTION FOUR – Effective Date __________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
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ORDINANCE NO. 2017-12 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA AMENDING SECTION 13-47 (OBTAINING PROPERTY BY TRICK OR DECEPTION, FALSE STATEMENTS OR PRETENSES, CONFIDENCE GAMES, FALSE OR BOGUS CHECKS, ETC.), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE TAKING OF PERSONAL PROPERTY. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, Section 13-47 was enacted and was originally codified in 1964 as Section 12-17.1, of the City of Miami Code of Ordinances, and dealt with obtaining property by trick or deception or bogus checks; and WHEREAS, the former Section 12-17.1 was subsequently amended and was re- codified as Section 13-47 and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, modifying the circumstances in Oklahoma under which obtaining property by trick or deception or bogus checks is a misdemeanor, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance setting forth amendments that modifies or removes parts of the Section, to bring it into conformity with the provisions of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT SECTION 13-47 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS:
Sec. 13-47. - Obtaining property by trick or deception, false statements or
pretenses, confidence games, false or bogus checks, etc.
(a)
It shall be unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, of a value of less than One Thousand Dollars ($1,000.00) by means or by use of any trick or deception, or false or fraudulent misrepresentation or statement or pretense, or by any other means or instrument or device commonly called a “confidence game”, or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin. The same shall be guilty of a misdemeanor.
(b)
Every person who shall lease or rent, for any period of time whatsoever, any motor vehicle and, with intent to cheat and defraud, who pays the fees for such lease or rental by means of a false, bogus or worthless check written for the sum of less than One Thousand Dollars ($1,000.00) shall be guilty of a misdemeanor
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(c)
The term "false or bogus check or checks" shall include checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given:
1. In exchange for money or property;
2. In exchange for any benefit or thing of value;
3. As a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof; or
4. As payment made to a landlord under a lease or rental agreement.
(d)
The making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five (5) days from the date the same is presented for payment; and provided, further, that the check or order is presented for payment within thirty (30) days after same is delivered and accepted.
(e)
A check offered for the purchase of goods or livestock that is refused by a drawee shall not be considered to be an extension of credit by the seller of goods or livestock to the maker or drawer of the check.
(f)
A check or order offered to a merchant in payment on an open account of the maker with the merchant shall mean "a check or order given in exchange for a benefit or thing of value", notwithstanding that the merchant may debit the account of the maker or impose other charges pursuant to applicable law in the event the check or order is not honored.
(g)
Any person who is convicted of any offense herein contained shall be punished by a fine not to exceed Five Hundred Dollars ($500.00).
(Code 1964, § 12-17.1)
State Law reference— Similar provisions, 21 O.S. §§ 1521, 1541.1, 1541.4, 1541.5.
SECTION TWO - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be
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deemed to have superseded all conflicting provisions previously entered into effect. SECTION FOUR – Effective Date __________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
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ORDINANCE NO. 2017-13 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA CREATING SECTION 13-47.1 (DEFRAUDING HOTELS, INNS, RESTAURANTS, ETC.), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE DEFRAUDING OF HOTELS, INNS, RESTAURANTS, ETC. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, modifying the circumstances in Oklahoma under which defrauding hotels, inns, restaurants and the like is a misdemeanor, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance setting forth for such criminal activity, to bring it into conformity with the provisions of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT A NEW SECTION OF LAW TO BE CODIFIED IN THE CITY OF MIAMI CODE OF ORDINANCES AS SECTION SECTION 13-47.1 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) UNLESS THERE IS CREATED A DUPLICATION IN NUMBERING, READS AS FOLLOWS:
SECTION ONE – Section 13-47.1 shall be established to read as follows: Sec. 13-47.1 - Defrauding Hotels, Inns, Restaurants, etc. Any person who shall obtain food, lodging, services or other accommodations at any hotel, inn, restaurant, boarding house, rooming house, motel or auto camp, with intent to defraud the owner or keeper thereof, if the value of such food, lodging, services or other accommodations is less than One Thousand Dollars ($1,000.00), shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Five Hundred Dollars ($500.00). Any person who shall obtain shelter, lodging, or any other services at any apartment house, apartment, rental unit, rental house, or trailer camp, with intent to defraud the owner or keeper thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding One Hundred Dollars ($100.00. Proof that such lodging, food, services or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that he gave a check on which payment was refused, or that he left the hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit or rental house, trailer camp or auto camp, without payment or offering to pay for such food, lodging, services or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, or that he registered under a fictitious name, shall be prima facie proof of the intent to defraud mentioned in this section; but this section shall not apply where there has been an agreement in writing for delay in payment. State Law reference— Similar provisions, 21 O.S. § 1503.
SECTION TWO - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by
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any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect. SECTION FOUR – Effective Date __________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
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ORDINANCE NO. 2017-14 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA AMENDING SECTION 13-48 (SHOPLIFTING), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE STEALING OF PERSONAL PROPERTY FROM MERCHANTS. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, Section 13-48 was enacted and was originally codified in 1964 as Section 12-40.1, of the City of Miami Code of Ordinances, and dealt with shoplifting; and WHEREAS, the former Section 12-40.1 was subsequently amended and was re- codified as Section 13-48 and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, modifying the circumstances in Oklahoma under which shoplifting is a misdemeanor, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance setting forth amendments that modifies or removes parts of the Section, to bring it into conformity with the provisions of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT SECTION 13-48 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS:
Sec. 13-48. - Shoplifting. (a)
(1)
Merchant shall mean any corporation, partnership, association, or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
(2)
Mercantile establishment shall mean any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale.
(3)
Merchandise shall mean all goods, wares and merchandise offered for sale or displayed by a merchant.
(4)
Wrongful taking shall mean and include stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
(b)
Authority of peace officers to arrest without warrant. Any peace officer may arrest without warrant any person he has probable cause for believing has committed
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larceny of merchandise held for sale in a retail or wholesale establishment, when such arrest is made in a reasonable manner.
(c)
Detention of suspect; purposes. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner for a reasonable length of time for all or any of the following purposes:
(1)
Conducting an investigation, including reasonable interrogation of the detained person, as to whether there has been a wrongful taking of such merchandise or money.
(2)
Informing the police or other law enforcement officials of the facts relevant to such detention.
(3)
Performing a reasonable search of the detained person and his belongings when it appears that the merchandise or money may otherwise be lost.
(4)
Recovering the merchandise or money believed to have been taken wrongfully. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained.
(d)
Concealing unpurchased merchandise; presumption. Any person concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of subsection (a) of this section, and such concealment or the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be conclusive evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.
(e)
Penalty. Every person who is convicted of violating this section where the value of the merchandise which has been taken is less than One Thousand Dollars ($1,000.00) shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) .
(Code 1964, § 12-40.1)
State Law reference— Similar provisions, 22 O.S. §§ 1341—1344 and 21 O. S. § 1731.
SECTION TWO - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect. SECTION FOUR – Effective Date
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__________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
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ORDINANCE NO. 2017-15 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA CREATING SECTION 13-48.1 (GASOLINE PUMP THIEVERY), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE STEALING OF GASOLINE FROM A RETAILER. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance creating a crime in the City of Miami for stealing gasoline from a retailer, to bring it into conformity with the provisions of State law; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT A NEW SECTION OF LAW TO BE CODIFIED IN THE CITY OF MIAMI CODE OF ORDINANCES AS SECTION SECTION 13-48.1 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) UNLESS THERE IS CREATED A DUPLICATION IN NUMBERING, READS AS FOLLOWS:
SECTION ONE – Section 13-48.1 shall be established to read as follows:
Sec. 13-48.1 Gasoline Pump Thievery
Any person who pumps gasoline into the gasoline tank of a vehicle or other container of any sort and leaves the premises where the gasoline was pumped without making payment for the gasoline shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00).
State Law reference— Similar provisions, 21 O.S. § 1740.
_________________________________________
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ORDINANCE NO. 2017-16 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA AMENDING SECTION 13-54 (RECEIVING STOLEN PROPERTY), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE POSSESSION OF STOLEN PERSONAL PROPERTY. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, Section 13-54 was enacted and was originally codified in 1964 as Section 12-24, of the City of Miami Code of Ordinances, and dealt with shoplifting; and WHEREAS, the former Section 12-24 was subsequently amended and was re- codified as Section 13-54; and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, modifying the circumstances in Oklahoma under which receiving stolen property is a misdemeanor, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance setting forth amendments that modifies or removes parts of the Section, to bring it into conformity with the provisions of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT SECTION 13-54 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE III (OFFENSES AGAINST PROPERTY RIGHTS) OF THE CITY OF MIAMI CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS:
Sec. 13-54. - Receiving stolen property. Every person who buys or receives, in any manner, upon any consideration, any personal
property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner where the value of the property received is less than One Thousand Dollars ($1,000.00), is guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00).
(Code 1964, § 12-24)
State Law reference— Similar provisions, 21 O.S. § 1713.
SECTION TWO - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect.
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SECTION FOUR – Effective Date __________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
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ORDINANCE NO. 2017-17 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA AMENDING SECTION 13-201 (MARIJAUNA), ALL CONTAINED WITHIN CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE VI (OFFENSES AGAINST PUBLIC DECENCY AND MORALITY), DIVISION 3 (DRUGS AND RELATED OFFENSES) OF THE CITY OF MIAMI CODE OF ORDINANCES; OUTLAWING THE POSSESSION OF MARIJUANA AND OTHER DRUGS. WHEREAS, Article 2, Section 6, ¶2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and WHEREAS, Section 13-201 was enacted and was originally codified in 1964 as Section 12-40.2, of the City of Miami Code of Ordinances, and dealt exclusively with marijuana; and WHEREAS, the former Section 12-40.2 was subsequently amended and was re- codified as Section 13-201 and WHEREAS, State Question 780 was approved by the voters of the State of Oklahoma on the 8th day of November, 2016, whereby the possession of any controlled dangerous substance in Oklahoma became a misdemeanor, effective as of July 1, 2017; and WHEREAS, the City Council, in consideration of the recommendations of the City staff and administration, has determined that it is appropriate to establish an ordinance setting forth amendments that modifies or removes parts of the Section, to bring it into conformity with the provisions of State Question 780; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MIAMI, OKLAHOMA, THAT SECTION 13-201 OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES), ARTICLE VI (OFFENSES AGAINST PUBLIC DECENCY AND MORALITY), DIVISION 2 (DRUGS AND RELATED OFFENSES) OF THE CITY OF MIAMI CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS:
SECTION ONE – Section 13-201 shall be amended to read as follows: Sec. 13-201 Possession of controlled dangerous substances.
A. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance, as defined by 63 O. S. §2-101, unless such substance was obtained directly, or pursuant to a valid prescription or order from a medical practitioner, while acting in the course of his or her professional practice.
B. Any person who violates this section is guilty of a crime punishable by a fine not exceeding five hundred dollars ($500.00), with no possibility of incarceration.
SECTION TWO - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION THREE – Conflicting Provisions If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect. SECTION FOUR – Effective Date
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__________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date:
09192017 Council Agenda
09192017 Council Pkt - Claims Only
09192017 Council Pkt - Minutes Only
09192017 Council Pkt - Crossland Amendment Only
Crossland - Crossland Const Contract Amendment to Establish a GMP- BA 091917
Crossland - Crossland Construction CMAR Civic Center Rehab Contract Amendment 091917
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Court -BA 09192017
Ordinances - BA 09192017
Ordinance 2017-10 Sec. 1-5 GENERAL PENALTY, CONTINUING VIOLATIONS, Final
Ordinance 2017-11 Sec. 13-46 Larceny Final
Ordinance 2017-12 Sec. 13-47 Bogus Check Final
Ordinance 2017-13 Sec. 13-47.1 Defrauding Hotels Final
Ordinance 2017-14 Sec. 13-48 Shoplifting Final
Ordinance 2017-15 Sec. 13-48.1 Gasoline Pump Thievery Final
Ordinance 2017-16 Sec. 13-54 Receiving Stolen Property Final
Ordinance 2017-17 Sec. 13-201 Controlled Dangerous Substances
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Staff Report - Utility Billing 09192017
Staff Report - Utility Billing 09192017
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