Parties
Town
An Oklahoma Municipal Corporation – an Oklahoma Statutes Title 11 Sections
12-101 et. seq. Statutory Town Board of Trustees Form of Government
Seniors Inc.
An Oklahoma Not for Profit Corporation – An Oklahoma Statutes Title 18
Non-Profit Corporation – 501 C 3 IRS Tax Status
Legal Analysis
Oklahoma Constitution Article 10 Section 14 (A).
All services necessary to operate a senior nutrition center open to all
senior citizens of the town is by itself standing alone is a public purpose
under Oklahoma Constitution Article 10 Section 14 (A).
Oklahoma Constitution Article 10 Section 17.
It is unlawful for town to provide to Seniors Inc. a facilities, utilities,
and insurance.
Overcoming unlawfulness
Town and Seniors, Inc. enter into a written contract of exchange of
consideration where by Seniors, Inc. provide all services necessary to
operate a senior nutrition center open to all senior citizens of the town
and Town provides facilities, utilities, and insurance.
Why requirement of Written Contract
Governing body cannot appropriate money (provide facilities, pay utilities,
and insurance) without a majority vote of the Town Board of Trustees.
Oklahoma Statutes Title 11 Section 17-101 (A).
The performance by Seniors Inc. require a year to perform would not be
completed before a year is up. Oklahoma Statutes Title 15 Section 136
Why is a Contract needed each year
A municipality is not allowed by law to obligate itself to payment that
exceeds any one year’s revenue without a vote of the people agreeing to
same. Oklahoma Constitution Article 10 Section 26.
Therefore a written contract between the Town and Seniors, Inc. is required
for Seniors, Inc. to receive from Town facilities, utilities, and
insurance, even though Seniors, Inc. is providing a public purpose.
Seniors, Inc. by itself is not a public purpose meeting the definition of
Oklahoma Constitution Article 10 Section 14 (A), and is still required to
enter into a contract with Town to make Town’s providing of facilities,
utilities, and insurance lawful.
The above stated is my understanding of the law and what the law requires.
If any of this is flawed please point that out to me and let me know where
I am incorrect and what is correct.
Seniors Inc. is advancing that my interpretation of the law is 100%
incorrect that the truth is as follows: Seniors Inc. is the public purpose
and the Town is obligated to provide the facility, pay the utilities and
pay the insurance; and in no manner is Seniors Inc. required to sign any
contract whatsoever.
If Senior Inc. is correct please show me in the law how they are correct.
I greatly appreciate any and all help that can be provided on this issue.
--
Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600 <(918)%20824-3600>
Fax: 918-824-3601 <(918)%20824-3601>
E-Mail: kevinatdodsonlawoffice@gmail.com
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