Date: 2/5/2001Board: City CommissionDocumentType: MinutesWeb Posted: 4/2/2001 3:24:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

FEBRUARY 5, 2001 AT 7:30 P.M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, February 5, 2001 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor

Robert M. Pettyjohn Steven Blair
Commissioner Ward 2 Commissioner Ward 4

Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor

ABSENT:

Tom Claybrook James Harrod
Commissioner Ward 1 Commissioner Ward 3

INVOCATION Reverend Bob Searl University Baptist Church

FLAG SALUTE Mayor Harden

COMMISSIONERS CLAYBOOK AND HARROD NOW PRESENT AT 7:33 P.M.

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 13.

b. Minutes of January 16, 2001 and January 29, 2001 meetings

c. Transfer of Appropriations in Capital Improvement Fund

d. Acknowledge the following reports and minutes:

* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of December, 2000

* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of December, 2000

* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of December, 2000

* Shawnee Community Center Report for the month of December, 2000; Quarterly Report for months of October, November and December, 2000; and annual reports of Shawnee Community Center and Heritage Library for the year 2000.

* Sister Cities Council minutes of December 5, 2000 meeting

* Planning Commission minutes of January 3, 2001 meeting

* Civic and Cultural Development Authority minutes of December 21, 2000 meeting

e. Approve recommendations from Sister Cities Council regarding amending by-laws.

f. Authorize staff to advertise for bids for 911 recording system.

g. Acknowledge Order Reopening Claim on Change of Condition for the Worse and Awarding Permanent Partial Disability from the Worker’s Compensation Court dated January 19, 2001 concerning David Lee Graves v. City of Shawnee, WCC No. 1998-11428X.

h. Authorize staff to purchase 2001 Ford Crown Victoria from Klement Ford for $21,722.00 off of state contract.

A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (a-h), inclusive. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None

AGENDA ITEM NO. 2: Consider resolutions of sympathy and support to the citizens of the City of Stillwater, Oklahoma State University faculty & students, and the co-workers and family of Bill Teegins.

Resolution Nos. 6096, 6097 and 6098 were introduced and the titles read aloud.
Resolution No. 6096 entitled “A resolution declaring regret, sorrow, deepest sympathy and support to the president, faculty, staff and students of Oklahoma State University upon the deaths of ten members of the Oklahoma State University basketball team and support staff.

Resolution No. 6097 entitled “A resolution declaring regret, sorrow, deepest sympathy and support to the Mayor, City Council and citizens of the City of Stillwater, Oklahoma upon the deaths of ten members of the Oklahoma State University basketball team and support staff.

Resolution No. 6098 entitled “A resolution declaring regret, sorrow, deepest sympathy and support to the co-workers, friends and family members of KWTV Broadcaster Bill Teegins.

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Resolution Nos. 6096, 6097 and 6098 be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

Thereupon Mayor Harden declared Resolution Nos. 6096, 6097 and 6098 duly passed and adopted.
AGENDA ITEM NO. 3: Consider an ordinance to vacate the sanitary sewer easements south of Wolverine Road and east of Kickapoo Street.

Ordinance No. 1991NS was introduced and the title read aloud.

Ordinance No. 1991NS entitled “An ordinance partially vacating utility easements in Section Nineteen, Township Eleven North, Range Four East of the Indian Meridian, Pottawatomie County, Oklahoma; specifically describing said property; reserving the right to reopen said easement; reserving utilities and declaring an emergency.”

A motion was made by Commissioner Harrod, seconded by Commissioner Roach, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

Thereupon Mayor Harden declared Ordinance No. 1991NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to revise the building codes for the City of Shawnee.

Mayor Harden declared a public hearing in session to consider an ordinance to revise the building codes for the City of Shawnee.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the ordinance. No persons appeared and the public hearing was declared closed.
Community Development Director Michael Southard informed the Commission that City staff had been exploring the possibility of amending Chapter 34 of the BOCA National Building Code which regulates existing structures.
A committee was formed to review various options and determined the New Jersey Rehab Code was the best alternative for the City of Shawnee.
He advised that the intent of this code is to promote the rehabilitation of existing buildings and it recognizes the barrier presented by construction codes when improving or redeveloping existing buildings.
Also appearing in support of the proposed code was Mr. Mike Cox, City’s Code Enforcement Officer and Mr. Allen Heilaman, Shawnee Fire Marshal.
Fire Marshal Heilaman had one addition to the code that concerned including the Life Safety Code.
Mr. Southard advised the Commission that he and the city staff involved with this code would be meeting with the State Fire Marshal on the following Thursday to present the Smart Code.
After due and careful consideration, Ordinance No. 1992NS was introduced and the title read aloud.
Ordinance No. 1992NS entitled “An ordinance relating to building codes for existing structures, amending the municipal code of the City of Shawnee, Oklahoma, Article 1, Chapter 7, Section 7-3; establishing compliance alternatives for governing rehabilitation of existing buildings; providing for severability; and declaring an emergency.”

A motion was made by Commissioner Harrod, seconded by Commissioner Blair, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Harrod, Blair, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Blair, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, Blair, Pettyjohn
NAY: Roach, Claybrook, Harrod, Harden

Thereupon Mayor Harden declared Ordinance No. 1992NS duly passed and adopted and effective 30 days from this date.
AGENDA ITEM NO. 5: Presentation by Bob Jones of annual report of Economic Development Foundation.

Shawnee Economic Development Foundation President Mr. Bob Jones presented the annual report.
Mr. Jones presented to the Commission the Annual Report of activities from January 1 through December 31, 2000.
He highlighted the following areas:
*Established Industries-Expansion/Retention Programs

*Infrastructure Industrial Parks and Facilities

*Marketing and Recruitment
SEDF staff attended trade shows, made call trips, sent direct mailings, and placed advertisements in various journals and magazines throughout the year to promote economic development for Shawnee

*Financial Summary-Total cash available for 2000-$228,992.56 (cash on hand and assets) and SEDF budget for 2000 is $173,760.00

*Action Plan 2000-Support areas-includes a five-year list of areas that need SEDF’s attention and goals to obtain

In conclusion, Mr. Jones thanked the City Commission, the City Manager and staff for their outstanding cooperation and support of the Foundation in promoting economic development for the greater Shawnee area.
AGENDA ITEM NO. 6: Consider a resolution declaring 800MZ radio equipment surplus and obsolete and authorizing staff to accept sealed bids on said property.

Resolution No. 6099 was introduced and the title read aloud.

Resolution No. 6099 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; and authorizing staff to accept sealed bids.”

A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None

Thereupon Mayor Harden declared Resolution No. 6099 duly passed and adopted.
AGENDA ITEM NO. 7: Consider a resolution declaring certain Fire Department vehicles surplus and obsolete and authorizing staff to accept sealed bids on said property.

Resolution No. 6100 was introduced and the title read aloud.

Resolution No. 6100 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; and authorizing staff to accept sealed bids.”

A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

Thereupon Mayor Harden declared Resolution No. 6100 duly passed and adopted.
AGENDA ITEM NO. 8: Consider a resolution granting beneficiary approval to the Shawnee Industrial Authority for the issuance of not to exceed $3,000,000.00 in obligations for the benefit of Central Oklahoma Community Action Agency or its assignees; and waiver of competitive bidding with regard to the sale of said obligations; all subject to ratification by the City Commission after receipt of the results of the required public hearing.

The Commission considered granting approval to the Shawnee Industrial Authority to issue bonds not to exceed $3 million to renovate the Aldridge Hotel owned by Central Oklahoma Community Action Agency for low income housing.
There were representatives of various entities interested in the bond issue who spoke to the Commission in favor of the issuance of bonds.
First to speak was Mr. Marion McMillian, president of BancFirst, who represented two downtown committees, the design committee and the economic restructuring committee, that would like to see revitalization of the historic building.
Others appearing before the Commission was Mr. Brent Clark, attorney representing the developer, Mr. Eddie Evans of ERC Properties, Inc., the developer, and Ms. Janelle Stafford, director of the Central Oklahoma Community Action Agency, owner of the building.
Mr. Clark informed that this project was a private-public partnership known as layered financing and this was a segment of a larger component to the financing.
In the agenda packet was a letter from Mr. Bob Jones, representing the Shawnee Industrial Authority, summarizing the intent of the bonds and reassuring the Commission that the City of Shawnee nor the Shawnee Industrial Authority were liable in the repayment of the bonds.
It was noted that the estimated project was approximately $8.4 million. A breakdown of costs was in the agenda packet for the Commission’s review.
There were concerns by the Commission and especially Commissioner Harrod who voiced his concerns about the seemingly inflated costs of the proposed financial package.
The Commission was informed that a public hearing would be held on Friday, February 9, 2001 at 4:00 p.m. at the Chamber of Commerce regarding this subject.
After discussion, a motion was made by Vice Mayor Downing, that the resolution be approved. The motion died for lack of a second.
Next, a motion was made by Commissioner Harrod, seconded by Commissioner Roach, that the resolution authorizing issuance of bonds for the renovation of the Aldridge Hotel be tabled to the February 20, 2001 meeting after more information has been obtained.
Motion carried.
AYE: Harrod, Roach, Claybrook, Pettyjohn, Harden, Blair
NAY: Downing

AGENDA ITEM NO. 9: Consider resolutions to program with Oklahoma Department of Transportation a street paving project on Kickapoo Street from MacArthur to Kickapoo Spur and from Kickapoo Spur to Highland Street.

City Manager Terry Powell reported that the Kickapoo street projects would be long-term projects.
In the agenda packet, a memorandum from City Engineer John Krywicki explained the project designs as 4-laning Kickapoo Street in two separate project sections; one section from MacArthur Street to the Kickapoo Spur, and the other section being from the Kickapoo Spur to Highland Street.
As stated in the memorandum, “These projects were authorized by the City Commission in February 1987 by way of Resolution requesting ODOT to concur in the selection of the projects for reconstructing Kickapoo Street as a four lane thoroughfare. Design plans were prepared, but funding never materialized, with ODOT funding other City projects.”
The total estimated costs are summarized as follows:

Total Est. Costs City’s Share

Kickapoo—Highland to Kickapoo Spur $3,927,381.79 $1,515,274.52
Kickapoo—Kickapoo Spur to MacArthur $4,704,966.24 $1,620,194.08

The City’s share of costs include water line relocations, right-of-way acquisition, engineering design services, and 25% of the construction costs totaling a probable cost of $3,135,468.60.
Resolution Nos. 6101 and 6102 were introduced and the titles read aloud.
Resolution No. 6101 entitled “A resolution requesting that the State Transportation Commission concur in the selection of a road construction project described as reconstructing Kickapoo Street as a four lane thoroughfare, beginning at MacArthur Street and running south to Kickapoo Spur; and declaring an emergency.”

Resolution No. 6102 entitled “A resolution requesting that the State Transportation Commission concur in the selection of a road construction project described as reconstructing Kickapoo Street as a four lane thoroughfare, beginning at Kickapoo Spur and running south to Highland Street; and declaring an emergency.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Titles and Resolutions be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

Thereupon Mayor Harden declared Resolution Nos. 6101 and 6102 duly passed and adopted.
AGENDA ITEM NO. 10: Consider a resolution approving a lease purchase agreement with Incode for financial and other municipal software.

Resolution No. 6103 was introduced and the title read aloud.

Resolution No. 6103 entitled “A resolution authorizing the execution of a lease purchase agreement for financial aid and other municipal software.”

A motion was made by Commissioner Roach, seconded by Commissioner Harrod, that the Title and Resolution be approved. Motion carried.
AYE: Roach, Harrod, Harden, Blair, Downing, Claybrook, Pettyjohn
NAY: None

Thereupon Mayor Harden declared Resolution No. 6103 duly passed and adopted.
AGENDA ITEM NO. 11: Consider entering into a contract with Northcutt’s Greenlawn Nursery of Lexington, Oklahoma for the Kickapoo Spur tree project and irrigation system.

A motion was made by Commissioner Roach, seconded by Commissioner Blair, that the contract with Northcutt’s Greenlawn Nursery, Lexington, Oklahoma for the Kickapoo Spur tree project and irrigation system be approved.
Motion carried.
AYE: Roach, Blair, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

AGENDA ITEM NO. 12: Consider purchasing a handicap modified full-size van for Jeffrey Rodgers from Workers Compensation Funds.

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve purchasing a handicap modified full-size van in the amount of $164,173.00 for Jeffrey Rodgers from Workers Compensation Funds. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None

Mr. Jeffrey Rodgers thanked the City Commissioners for their support throughout his recovery from injury he sustained while on duty in 1999 and for providing for his needs.
AGENDA ITEM NO. 13: Consider Bids.

a. Computer-Assisted Dispatch System, Records Management and Mobile Data Systems (award)

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to award the computer-assisted dispatch system, records management and mobile data systems to Global Software Corporation, Oklahoma City, Oklahoma, in the amount of $168,994.00 as the lowest and best bid.
Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

b. One or more 2001 One-Half Ton Pickup Trucks (award)

A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve staff’s recommendation to award the bid for one or more 2001 one-half ton pickup truck to Harvey’s GMC Inc., Shawnee, Oklahoma, for a total amount of $71,700.00 for five vehicles at $14,340.00 each as the lowest and best bid. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

c. One 50 HP Low Profile All Purpose Tractor (award)

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to approve staff’s recommendation to award the bid for one 50 HP low profile all purpose tractor to Turner Equipment Company, Shawnee, Oklahoma, in the amount of $16,391.00 as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None

d. One 2001 One Ton Cab and Chassis with Flat Dump Body Bed (award)

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to approve staff’s recommendation to award the bid for one 2001 one ton cab and chassis with flat dump body bed to Harvey’s GMC Inc., Shawnee, Oklahoma, in the amount of $24,652.00 as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None

e. Repair and Recoating of the Polyurethane Foam and Elastomeric Roof Coating System for Municipal Auditorium Building (open)

BIDDER AMOUNT

Crawford Roofing Company
Pampa, TX $46,000.00

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to accept staff’s recommendation to refer the bid received for the repair and recoating of polyurethane foam and elastomeric roof coating system for the Municipal Auditorium to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None

f. Repair and Recoating of the Polyurethane Foam and Elastomeric Roof Coating System for SWTP Digester Roofs (open)

BIDDER AMOUNT

Crawford Roofing Company
Pampa, TX $26,500.00

A motion was made by Vice Mayor Downing, seconded by

Commissioner Roach, to accept staff’s recommendation to refer the bid received for the repair and recoating of polyurethane foam and elastomeric roof coating system for the Southside Wastewater Treatment Plant digester roofs to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

g. Repair and Recoating of the Polyurethane Foam and Elastomeric Roof Coating System for City Hall Building (open)

BIDDER AMOUNT

Crawford Roofing Company
Pampa, TX $35,000.00

A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to accept staff’s recommendation to refer the bid received for the repair and recoating of polyurethane foam and elastomeric roof coating system for the City Hall to staff for review and recommendation at the next meeting. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None



h. Midland Street Paving Project (open)
Contract No. COS-PW-00-2 (Broadway to Union)

BIDDER Base Bid Alt. Bid
(conc. paving) (asphalt paving)

S.E.A. Construction $149,113.75 $137,976.75
Edmond, OK

Vantage Paving, Inc. $129,028.75 $121,034.75
Oklahoma City, OK

Kraft-Reynolds Inc. $185,788.25 $177,750.25
Oklahoma City, OK

T. J. Campbell Construction $223,607.50 No Bid
Oklahoma City, OK

ENGINEER’S ESTIMATE: $178,625.00 $170,250.00

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to accept staff’s recommendation to refer the bids received for the Midland Street paving project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None

i. Draper Street Paving Project (open)
Contract No. COS-PW-00-4 (Oakland to Walnut)

BIDDER Base Bid Alt. Bid
(conc. paving) (asphalt paving)

S.E.A. Construction $120,717.25 $116,692.75
Edmond, OK

Central Contracting Services $111,254.25 No Bid
Shawnee, OK

Vantage Paving, Inc. $112,325.75 $109,400.35
Oklahoma City, OK

Kraft-Reynolds Inc. $150,186.30 $149,548.80
Oklahoma City, OK

T. J. Campbell Construction $192,010.50 No Bid
Oklahoma City, OK

ENGINEER’S ESTIMATE: $149,500.00 $144,250.00

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept staff’s recommendation to refer the bids received for the Draper Street paving project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None


j. One or More Full Size Police Vehicle(s) (open)


BIDDER AMOUNT

Klement Ford of Shawnee, Inc. $20,606.00
Shawnee, OK

Joe Cooper Ford $21,078.00
Midwest City, OK

OKC Auto Collection $20,678.00
Oklahoma City, OK

Pursuit Unlimited $10,500.00
Shawnee, OK $12,500.00

Alternate $11,500.00
Alternate $13,900.00

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to accept staff’s recommendation to refer the bids received for the one or more full size police vehicles to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None

AGENDA ITEM NO. 14: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)

Under New Business, the Commission took the following action as explained under Agenda Item No. 16, Citizens Participation.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to put on hold the demolition of the structure at 420 N. Bryan, to allow city staff and Mr. Roberts, current owner, to work out a plan and give a report at the February 20th City Commission meeting. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach, Downing
NAY: None


AGENDA ITEM NO. 15: Administrative Reports.

There were no Administrative Reports.

AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)

Under Citizens Participation, Mr. Russell Roberts appeared before the Commission regarding property at 420 N. Bryan, in which he and his partner, Ms. Marva O’Neal, had purchased unaware that it was already condemned by the City to be demolished.
He requested the Commission not to raze the house and allow time for it to be restored.
Next, Community Development Director Michael Southard reported that it was city staff’s opinion that the house was irreparable since it had several deficiencies.
Since the Commission could not take action under this item, City Attorney John Canavan determined that action could be taken under New Business due to unforeseen circumstances that did not allow this request to be placed on the agenda.
The Commission then returned to New Business to take action.
AGENDA ITEM NO. 17: Commissioners’ Comments.

Under Commissioner’s comments, the following Commissioners had requests:
*Commissioner Claybrook requested staff to check a tin horn at Cammack and Bell Street that needs cleaning out and requested paving a portion of the intersection on Kickapoo/MacArthur to the west plus curbing entering from MacArthur to Kickapoo south about 300 feet.
*Commissioner Pettyjohn requested staff to provide a total amount of funds authorized by the City Commission at this meeting.
*Mayor Harden announced that she would be making appointments from the City Commission to the Beautification Committee and asked if any of the Commissioners wished to serve let her know.
AGENDA ITEM NO. 18: Adjournment.

There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the meeting be adjourned. Motion carried. (10:30 p.m.)
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None

_____________________________
MAYOR

(SEAL)
ATTEST:


_____________________________
CITY CLERK
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