Section 901. - Special revenue fund for maintenance and repair of public ways.
A. There is hereby created a Special Revenue Fund for the Maintenance and Repair of Public Ways, to be financed by the one percent (1%) of gross revenues to be paid to City of Tulsa by Public Service Company of Oklahoma (PSO) pursuant to Section 411.B. of Franchise Ordinance No. 24695 approved by the voters of the City of Tulsa at a special election on February 8, 2022.
B. As described in the Franchise Ordinance, this Special Revenue Fund may be expended by the City of Tulsa only for the maintenance and repair of public ways, including but not limited to right-of-way and median maintenance and enhancement; street and highway lighting maintenance, repair, and replacement; and underground installation cost reimbursement as provided for in Subsections 406.C and 408.H of the PSO franchise ordinance.
C. It is estimated that the Special Revenue Fund will receive approximately $76,404,000 over the course of the fifteen (15) year term of the Franchise. The programs and purposes for which expenditures of proceeds from the Special Revenue Fund for the Maintenance and Repair of Public Ways may lawfully be made are as follows:
Citywide Utility Line Burial Program | $45,492,000
Street and Highway Lighting and Corridor Enhancement | $16,500,000
Medians and Rights-of-Way Rehabilitation and Maintenance | $7,621,000
Inspector-Manager and Inspector-Crew Workers | $5,876,000
Vehicles, Equipment, Materials, and Supplies | $915,000
Estimated 15-Year Total | $76,404,000
D. While the cost estimates shown above are believed to be accurate, the exact cost of each program may vary from the estimate shown.
E. The Mayor and the City Council shall determine program priority on an annual basis through the budget process.
F. The City of Tulsa, having made a solemn pledge to the citizens of Tulsa regarding the expenditures of the revenue from the Special Revenue Fund for the Maintenance and Repair of Public Ways, and having enacted this section to establish the official City policy with regard to such revenue, hereby pledges that this section shall remain in force during the entire period of collection and expenditure of the revenues generated by the Special Revenue Fund for the programs herein enumerated.
Any attempt to amend or repeal this section can lawfully occur only by placing such proposal on the official agenda of the City Council which agenda is prepared by the office of the Secretary of the Council ("Secretary").
In the event a request is ever made by any party to place the issue of the amendment or repeal of this section on any agenda of the City Council, the Secretary is hereby specifically prohibited from placing such issue on any such agenda until full compliance with the following requirements has been made.
1. The Secretary shall forthwith (within twenty-four (24) hours) notify all major newspapers, all major television stations and all major radio stations then located within the City of Tulsa of the request for amendment or repeal of this section.
2. The Secretary shall forthwith notify the general public of such request by a press conference officially called by the Secretary and held at City Hall, to which local newspapers, radio and television stations shall be invited.
3. The Secretary shall forthwith cause a public notice to be published in one newspaper maintaining a general subscription in the City of Tulsa, specifically setting forth fully the nature, purpose and extent of the request and the date the matter will first be placed on the agenda for public hearing before the City Council, which date shall be a date more than fifteen (15) days from the date of first publication requested for such notice. The Secretary shall request that the notice be published once a week for two (2) consecutive weeks.
4. The Secretary shall, upon performance of all of the above acts, execute and deliver to the Council of the City of Tulsa written certification as to the time and manner of the performance of the foregoing duties herein assigned, which certification shall be filed as a part of the permanent records of the City in the office of the City Clerk, and shall be available for inspection or copying at all reasonable times.
G. No official action shall be taken by the Council of the City of Tulsa upon any request to amend or repeal this section until the following acts and procedures have been complied with:
1. The Council shall have examined the written certification of the Secretary concerning the acts required to be performed by Subsection 103.A above, and shall have satisfied itself that all such acts have been duly and timely performed; and
2. The Council shall have held at least two (2) public hearings on the proposal (one (1) of which shall be held at night), which hearings shall be at least seven (7) days apart, and the first of which shall have been more than fifteen (15) days from the date of first publication of the notice given by the Secretary setting forth the nature of the request to amend or repeal this section as above provided.
(Ord. No. 24721, § 1, 11-17-2021)
