HomeMy WebLinkAbout2006.03.07_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: March 7, 2006
TIME: 6:30 p.m.
PLACE: Council Chambers, Old Central Building
109 N. Birch
Notice and agenda filed in the office of the, City Clerk and posted at City Hall 5:00 p.m. on
Friday, March 3, 2006.
' i
I r t f 'P
/ .
)"ann M. Stevens, Administrative Assistant
1. Call to Order
Mayor Craig Thoendel
2. Invocation
Taud Boatman, First United Methodist Church
3. Flag Salute
4. Roll Call
5. Reading of the Mayor's Proclamations
Mayor Thoendel
Attachment #5
A. A proclamation declaring March 12, 2006 through March 18, 2006 as Girl Scouts
of America week.
B. A proclamation declaring March 2006 as American Red Cross Month.
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6. Presentation of the Character Trait of Tolerance
Dan Yancey, Owasso Character Council
7. Presentation of the City of Owasso Employee of the Month for March 2006.
Mr. Ray
Mr. Ray will introduce the Employee of the Month for March 2006.
8. Consideration and appropriate action relating to a request for Council approval of the
Consent Agenda. All matters listed under "Consent" are considered by the City Council to
be routine and will be enacted by one motion. Any Councilor may, however, remove an
item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non -
debatable.
A. Approval of Minutes of the February 14, 2006 Special Meeting and the February 21,
2006 Regular Meeting.
Attachment # 8-A
D. Approval of Claims.
Attachment # 8-13
C. Approval of Ordinance No. 841 - Amended, annexation request OA 05-09, containing
approximately 27.69 acres, more or less, located southwest of the intersection of E. 96t1'
Street North and N. 145th East Avenue.
Attachment # 8-C
Staff will recommend Council approval of Ordinance No. 841- Amended and has listed
this item in the consent section of the agenda based on Council actions taken February
7, 2006, approving Ordinance No. 841.
D. Approval of Ordinance No. 843, an ordinance approving annexation request OA 06-01,
containing 13 properties along the north side of East 96a' Street North between North
129th East Avenue and North 145t" East Avenue
Attachment # 8-D
Staff will recommend Council approval of Ordinance No. 843 and has listed this item
in the consent section of the agenda based on Council actions taken February 21, 2006
to approve the annexation request.
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E. Approval of Ordinance No. 844, an ordinance approving annexation request OA 06-01,
containing 28 properties along the south side of East 96th Street North between North
129t" East Avenue and North 145th East Avenue
Attachment # 8-D
Staff will recommend Council approval of Ordinance No. 844 and has listed this item
in the consent section of the agenda based on Council actions taken February 21, 2006
to approve the annexation request.
F. Approval of Ordinance No. 845, annexation request OA 06-02, containing
approximately 0.23 acres, more or less, located at the southeast corner of E. 103rd Street
North and the Owasso Expressway.
Attachment # 8-F
Staff will recommend Council approval of Ordinance No. 845 and has listed this item
in the consent section of the agenda based on Council actions taken February 21, 2006
to approve the annexation request.
9. Consideration and appropriate action relating to a request for Council approval of
Ordinance No. 837, an ordinance establishing minimum requirements for access gates for
Gated Communities and Planned Unit Developments and providing for the registration and
inspection of said access gates.
Mr. Ray
Attachment #9
Due to the potential absence of two City Council members, the staff is prepared to
recommend that this item be tabled until a future regular scheduled meeting date in order to
provide a forum wherein all City Councilors have an opportunity to address issues relating
to this matter.
10. Consideration and appropriate action relating to a request for Council approval of a bid
award for the purchase of video surveillance equipment as part of the Security Camera
System Project.
Mr. Yancey
Attachment #10
Staff will recommend Council approve a bid award for the purchase of video surveillance
equipment to RGR Security Solutions LLC of Tulsa, Oklahoma in the amount of
$37,900.00.
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11. Consideration and appropriate action relating to a request for Council approval of contracts
for an interest in real property for the purpose of acquiring easements for the 106"' Street
Water Transmission Line Project from Sheridan to Mingo, authorization for the Mayor to
execute all necessary documents relating to the purchase, and authorization for payment.
Ms. Lombardi
Attachment # 11
Staff will recommend Council approval of a contract between the City of Owasso and A.F.
Guy for the purchase of 675 square feet of permanent and 450 square feet of temporary
easement in the amount of $433.00, authorization for the Mayor to execute all necessary
documents relating to the purchase, and authorization for payment.
12. Consideration and appropriate action relating to a request for Council approval of a
supplemental appropriation increasing expenditures for Economic Development purposes.
Mr. Ray
Attachment # 12
Staff will recommend Council approval of a supplemental appropriation increasing
expenditures in the amount of $13,327.21 in the General Fund, Economic Development
Department budget for expenses incurred for the development of materials and travel
expenses relating to Economic Development relocation efforts.
13. Report from City Manager.
14. Report from City Attorney.
15. Report from City Councilors.
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16. New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda.)
17. Adjournment.
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Y
WHEREAS, America is a place of humanitarian action and compassion - a place where people
take care of each other, and are always willing to reach out and take care of others in
need, whether they are down the block or around the globe; and,
WHEREAS, The American Red Cross has been in existence since 1881 and is the largest and the
most expansive human service organization in the world. It was chartered by
Congress to provide special services to members of the U.S. Armed Forces and to
disaster victims; and,
WHEREAS, Their mission is to help people prevent, prepare for, and respond to emergencies and
achieving this mission by providing services and resources to the public that include:
En-iergency Services, Armed Forces Emergency Services; Health, Youth and Safety
Training, Community Disaster Education and Flood Services; and,
WHEREAS, The American Red Cross responds to disasters internationally, nationally, and locally.
'The American Red Cross and its team of volunteers are among the first on the scene,
providing food, clothing, shelter, and canteen services to fire departments and other
emergency workers in order to support their lifesaving efforts; and,
WHEREAS, 'The American Red Cross also provides opportunities for people to learn a variety of
health and safety programs and lifesaving shills, such as first aid, CPR, life guarding,
ITT/AIDS awareness, swimming and babysitter training; and,
WHEREAS, The rui sa Area. Chapter of the American Red Cross has been in existence since 1.906
and will soon celebrate its 100th Anniversary. The Tulsa Area Chapter provides a
wide range of services and resources to the citizens of 15 counties in Northeast
Oklahoma.
NOW, THEREFORE, I, Craig Thoendel, by virtue of the authority vested in me, as Mayor of the
City of Owasso, do hereby proclaim March 2006 as
_A✓ti1T7ZIC;�RL"27 CROSS
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in our community and urge all citizens of Owasso to celebrate the humanitarian and volunteer spirit
by continuing to support the American Red Cross.
CITY OF y OKLAHOMA
WHEREAS, Girl Scouts of the USA is the world's preeminent organization
dedicated solely to girls —all, girls --where, in an accepting and nurturing
environment, girls build character and skills for success in the real
world. In partnership with committed adult volunteers, girls develop
dualities that will serve them all their lives, like leadership, strong values,
social conscience, and conviction about their own potential and self
worth, and,
WHEREAS, Founded in 1912 by Juliette Gordon Low, Girl Scouts` membership
has grown f om 18 members in Savannah, Georgia, to 3. G million
members throughout the United States, including Puerto Rico and the
Virgin Islands, and in more than 80 countries through USA Girl .Scouts
Overseas; and,
W11EREAS, Girl Scouting will celebrate its 94 h birthday on March 12, 2006, in the
midst of a week of special activities involving all Girl Scouts and adult
volunteers.
NIL,REFORE, 1; Craig Thoendel, by virtue of the authority vested in me as
,, ayor of the City of Owasso, do herebj> proclaim march 1 2- 18, 2006 as
id Scots ofthe USA
in our community, and do further encourage all Owasso residents to applaud the
commitment of all Girl Scout volunteers as they inspire, challenge, and empower
young girls to reach their full potential.
OWASSO CITY COUNCIL
MINUTES OF SPECIAL MEETING
Tuesday, February 14, 2006
The Owasso City Council met in a special meeting on Tuesday, February 14, 2006 in the Council
Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 4:00 PM on Friday, February 10, 2006.
ITEM 1: CALL TO ORDER.
Mayor Thoendel called the meeting to order at 6:02 PM.
PRESENT ABSENT
Craig Thoendel, Mayor
Steve Cataudella, Vice Mayor
Susan Kimball, Councilor
Brent Colgan, Councilor
Wayne Guevara, Councilor
A quorum was declared present.
ITEM 2: REVIEW OF AUDIT
Ms. Bishop explained that there was a misunderstanding on behalf of the auditors, Crawford and
Associates. It was further explained that acceptance of the audit would be placed on the
February 21, 2006 meeting consent agenda for action by the City Council and that Crawford and
Associates would be scheduled to attend the March work session to answer any questions that
they may have.
ITEM 3: PRESENTATION OF EMPLOYEE HEALTH BENEFITS AND RETIREMENT
REVIEW
Ms. Jodi Cox from the Oklahoma Municipal Retirement Fund reviewed the City of Owasso's
retirement plan. Ms. Dempster provided information to the City Council regarding the City of
Owasso's health benefits and explained that this would be an item that would be reviewed in
more detail at the March work session.
ITEM 4 DISCUSSION RELATING TO FINANCE ITEMS
A. OKLAHOMA WATER RESOURCES BOARD LOAN
B. PURCHASING ORDINANCE
Owasso City Council February 14, 2006
The items were presented by Ms. Bishop. As a result of discussion, it was discovered that two of
the Councilors would not be in attendance at the March 7, 2006 meeting, the meeting in which
the OWRB loan was to be considered by the City Council. As a result, staff was directed to look
into the possibility of conducting a special meeting on Monday, March 6, 2006 at 10:00 AM in
the Main Conference Room at City Hall.
ITEM 5: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT
ITEMS
Mr. Rooney reviewed the Planning Commission items that were unanimously approved by that
body on Monday, February 13, 2006. Those items included final plats for the Falls at Garrett
Creek Amended, Tyann Plaza VI, ICB Bank, and the Villas at Bailey Ranch. Annexation items
included a request near 103'a Street North and the Owasso Expressway and several properties
along E. 961h Street North. It was explained that all items would be placed on the February 21,
2006 City Council agenda for action.
ITEM 6: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS
A. DESIGN CRITERIA AGREEMENTS
Mr. Rooney reviewed the two different types of agreements, one of which requires the Mayor's
signature. It was explained that copies of the agreements requiring the Mayor's signature will be
placed on the February 21, 2006 City Council consent agenda.
ITEM 7: DISCUSSION RELATING TO PARKS DEPARTMENT ITEMS
A. SKATE PARK RESTROOM ACCEPTANCE
Mr. Rooney explained that the Skate Park Restroom had been completed and that the final walk-
through had been performed. It was explained that this item would be placed on the February
21, 2006 City Council agenda for acceptance and authorization for final payment.
ITEM 8: DISCUSSION RELATING TO CITY MANAGER ITEMS
A. SUPPLEMENTAL APPROPRIATION RELATING TO THE REDISCOVER
OWASSO CAMPAIGN
B. SUPPLEMENTAL APPROPRIATION RELATING TO CONOCO PHILLIPS
RELOCATION CAMPAIGN
C. FY 06-07 BUDGET PREPARATIONS
D. GATED COMMUNITIES
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Owasso City Council
February 14, 2006
Mr. Ray reviewed the above items. It was explained that both supplemental appropriation items
will be placed on the February 21, 2006 Council agenda for action. Additionally, the FY 06-07
budget process was underway. Discussion amongst the Councilors was conducted regarding the
proposed Gated Community Ordinance and its relevance to the existing Summit addition.
ITEM 9: ADJOURNMENT
Councilor Cataudella moved, seconded by Councilor Colgan, to adjourn the meeting. The
motion carried and the meeting was adjourned at 8:56 PM.
Craig Thoendel, Mayor
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, February 21, 2006
The Owasso City Council met in regular session on Tuesday, February 21, 2006 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 5:00 p.m. on Friday, February 17, 2006.
ITEM 1. CALL TO ORDER
The meeting was called to order at 6:32 p.m.
ITEM 2. INVOCATION
The invocation was offered by Reverend Dale Blackwood, retired minister of First Baptist
Church of Owasso.
ITEM 3. FLAG SALUTE
Vice Mayor Steve Cataudella led the flag salute.
ITEM 4. ROLL CALL
PRESENT ABSENT
Craig Thoendel, Mayor
Steve Cataudella, Vice Mayor - out at 8:10 p.m., after Item 9.
Brent Colgan, Councilor
Wayne Guevara, Councilor
Susan Kimball, Councilor
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Julie Lombardi, City Attorney
Owasso City Council February 21, 2006
ITEM 5. RECOGNITION OF EMPLOYEES OF THE PUBLIC WORKS REFUSE
DEPARTMENT
Mayor Thoendel and Council presented to the employees of the City's Refuse Department a
certificate recognizing the Refuse Department for exemplifying the Character Trait of
Endurance. During recent times when equipment has broken down, and work -load increased, the
Department has continued to provide consistent service to the citizens of Owasso, because its
employees refused to give up and persevered even when exhausted.
ITEM 6. PRESENTATION OF THE CITY OF OWASSO EMPLOYEE OF THE MONTH
Mr. Ray introduced Lt. Mike Denton of the Owasso Police Department as the City of Owasso
Employee of the Month for February, 2006.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the February 7, 2006 Regular Meeting.
B. Approval of Claims.
C. Acknowledgement of receiving the monthly FY 2005-2006 budget status
report.
D. Acknowledgement of receiving the FY 2004-2005 Annual Financial
Statements and Audit Report.
E. Acknowledgement of receiving Agreements for Urban Engineering Services
from Tulsa Engineering and Planning Associates, Kellogg Engineering,
Incorporated, LW Survey Engineering and Design Company, DeShazo, Tang,
and Associates; and, authorization of the Mayor to execute each agreement.
F. Approval of Ordinance No. 842, an ordinance amending Ordinance No. 819
relating to Finance and Budget Administration by including Section 7-104 (E)
providing specific requirements for the Competitive Bidding Process.
Ms. Kimball moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims
totaling $637,753.19, self-insurance medical claims & fees totaling $67,906.82 and payroll
claims totaling $331,912.54.
YEA, Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY, None
Motion carried 5-0.
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Owasso City Council
February 21, 2006
ITEM 8. PUBLIC HEARING. The City Council will conduct a public hearing for the
purpose of receiving citizen comments and input regarding Annexation OA 06-01, a
staff request to annex 41 properties along the north and south sides of East 96th
Street North between North 129t" East Avenue and North 145th East Avenue; and,
to solicit public comment regarding the annexation services plan for the territory
proposed to be attached
Mr. Wiles presented the item to be discussed. He then opened the floor for public comment.
Citizens speaking in opposition of annexation were Attorney John Moody, Jack Ojala, Bob
Haskins, Steve Johnson, Raedell Weatherl, Hollis Weatherl and David Geer.
Citizens speaking in support of annexation were Attorney Kevin Coutant, Don Linn, Rebecca
Linn, John K. Davis, Cathy Williams, Dr. Ronald Foore, Frosty Turpen, Kim Turnbaugh, Donna
Weida and Rick Roberts.
The Public Hearing was then closed.
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 06-
01, A STAFF REQUEST TO ANNEX 41 PROPERTIES ALONG THE NORTH
AND SOUTH SIDES OF EAST 96TH STREET NORTH BETWEEN NORTH
129TH EAST AVENUE AND NORTH 145TH EAST AVENUE; AND A
REQUEST FOR COUNCIL APPROVAL OF THE ANNEXATION SERVICES
PLAN FOR THE TERRITORY PROPOSED TO BE ATTACHED
Mr. Wiles presented the item. After much Council discussion, Mr. Colgan moved, seconded by
Mr. Guevara, to approve annexation request OA-06-01; and, approval of the annexation services
plan, as stated above.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 06-
02, CONTAINING APPROXIMATELY 0.23 ACRES, MORE OR LESS,
LOCATED AT THE SOUTHEAST CORNER OF EAST 103RD STREET
NORTH AND THE OWASSO EXPRESSWAY
Mr. Wiles presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council
approval of Annexation Request OA 06-02, as stated above.
3
Owasso City Council February 21, 2006
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE
FINAL PLAT FOR THE FALLS AT GARRETT CREEK
Mr. Wiles presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council
approval of the Final Plat for The Falls at Garrett Creek, proposing twenty-four residential lots
on 15.18 acres located southwest of the interchange of US 169 and East 1161h Street North.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR TYANN
PLAZA VI
Mr. Wiles presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council
approval of a Final Plat for Tyann Plaza VI, proposing one commercial lot on 1.91 acres located
southeast of the Owasso Expressway and East 96t" Street North.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR IBC BANK
OF OWASSO
Mr. Wiles presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council
approval of the Final Plat for IBC Bank of Owasso, proposing one commercial lot on
approximately 0.985 acres located south of the southwest corner of East 96th Street North and
North Garnett Road.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
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Owasso City Council
February 21, 2006
ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR THE VILLAS
AT BAILEY RANCH PHASE II
Mr. Wiles presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council
approval of a Final Plat for the Villas at Bailey Ranch Phase II, proposing one multi -family lot
on 5.35 acres located northeast of the East 86th Street North and North Mingo Road intersection.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL TO AWARD A BID FOR THE
PURCHASE OF A 3500 SERIES SERVICE TRUCK FOR THE PUBLIC WORKS
DEPARTMENT, STREETS DIVISION
Mr. Doyle presented the item. Mr. Colgan moved, seconded by Ms. Kimball, for Council
approval to award a bid for the purchase of a 3500 Series Service Truck for the Public Works
Department, Street Division to Speedway Chevrolet of Broken Arrow, Oklahoma in the amount
of $38,168.88.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ACCEPTANCE OF THE SKATE PARK
RESTROOM FACILITY AND AUTHORIZATION FOR FINAL PAYMENT
Mr. Warren presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council
acceptance of the Skate Park Restroom facility and authorization for final payment to Tri-Star
Construction of Claremore, Oklahoma in the amount of $73,390.00.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
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Owasso City Council
February 21, 2006
ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF CONTRACTS FOR AN INTEREST
IN REAL PROPERTY FOR THE PURPOSE OF ACQUIRING EASEMENTS
FOR THE 106" STREET WATER TRANSMISSION LINE PROJECT FROM
SHERIDAN TO MINGO, AUTHORIZATION FOR THE MAYOR TO EXECUTE
ALL NECESSARY DOCUMENTS RELATING TO THE PURCHASE, AND
AUTHORIZATION FOR PAYMENT
Ms. Lombardi presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council
approval of a contract between the City of Owasso and Amos Adetula for the purchase of 10,257
square feet of permanent and 13,185 square feet of temporary easement in the amount of
$9,000.00; a contract between the City of Owasso and Lewis and Janet Guy for the purchase of
2,775 square feet of pennanent and 1,850 square feet of temporary easement in the amount of
$1,700.00; a contract between the City of Owasso and Michael Houston for the purchase of
5,580 square feet of permanent and 7,440 square feet of temporary easement in the amount of
$11,300.00; a contract between the City of Owasso and Steven and Leta Earleen Printz for the
purchase of three parcels, totaling 6,605 square feet of permanent and 3,230 square feet of
temporary easement in the amount of $12,700.00; and, a contract between the City of Owasso
and Earl and Barbara Worley for the purchase of 4,500 square feet of permanent and 6,000
square feet of temporary easement in the amount of $2,850.00; and, authorization for the Mayor
to execute all documents necessary for the purchase of these easements; and, authorization for
payment.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 18. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A BUDGET AMENDMENT TO
THE FY 2005-2006 GENERAL FUND; AND, A SUPPLEMENTAL
APPROPRIATION INCREASING EXPENDITURES IN THE AMOUNT OF
$8,500.00 IN THE ECONOMIC DEVELOPMENT DEPARTMENT BUDGET
Mr. Ray presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval
of a budget amendment to the FY 2005-2006 General Fund increasing the estimate of revenues
in the amount of $8,500.00; and, approval of a supplemental appropriation increasing
expenditures in the amount of $8,500.00 in the Economic Development Department budget for
expenses incurred as a result of the "Rediscover Owasso" campaign.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0.
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Owasso City Council
February 21, 2006
ITEM 19. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL
APPROPRIATION FROM THE FY 2005-2006 GENERAL FUND INCREASING
EXPENDITURES IN THE AMOUNT OF $13,327.21 IN THE ECONOMIC
DEVELOPMENT DEPARTMENT BUDGET
Mr. Ray presented the item. Councilor Kimball questioned the possibility that this economic
development expenditure be paid by using the Hotel/Motel Tax Revenue rather than from the
General Fund.
No action was taken on this item.
ITEM 20. REPORT FROM CITY MANAGER.
None
ITEM 21. REPORT FROM CITY ATTORNEY
None
ITEM 22. REPORT FROM CITY COUNCILORS
Councilor Kimball extended her condolences to the family of Dale Pride. Dale was a long-time
member of the community and served on the City's Capital Improvements Committee.
ITEM 23. NEW BUSINESS
None
ITEM 24. ADJOURNMENT
Mr. Colgan moved, seconded by Mr. Guevara, to adjourn.
YEA: Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 4-0 and the meeting was adjourned at 8:45 p.m.
Pat Fry, Minute Clerk
Craig Thoendel, Mayor
7
CITY OF OWASSO
CLAIMS TO BE PAID 03/07/06
TREASURER PETTY CASH
SAV-ON PRINTING & SIGNS
MATTHEW W. BAILEY
TREASURER PETTY CASH
OFFICE DEPOT
WORDCOM
HOBBY LOBBY
TREASURER PETTY CASH
OFFICE DEPOT
DANE, JULIE
TRIAD PRINTING
OFFICE DEPOT
CHARACTER TRAINING INSTITUTE
COMMUNITYCARE HMO
A N Z SIGNS
ARKANSAS DEMOCRAT GAZETTE
OKLAHOMA MUNICIPAL LEAGUE
CARD CENTER
WORLD PUBLISHING COMPANY
THE OKLAHOMA PUBLISHING COMPANY
OFFICE DEPOT
XPEDX PAPER & GRAPHICS
JAVA DAVE'S EXECUTIVE
FINANCIAL EQUIPMENT CO.
IKON OFFICE SOLUTIONS
CINTAS CORPORATION
CHARNEY, BUSS, & WILLIAMS, P.C.
CHARNEY, BUSS, & WILLIAMS, P.C.
PITNEY BOWES INC
NEIGHBOR NEWSPAPERS
SOUTHWESTERN BELL
SOUTHWESTERN BELL
SOUTHWESTERN BELL
RESERVE ACCOUNT
TREASURER PETTY CASH
TREASURER PETTY CASH
BENCHMARK SURVEYING & LAND SERVICES
BURR F KANNADY
BURR F KANNADY
DESCRIPTION
CC DEPOSIT REFUND 50.00
REFUND TOTAL 50.00
PRINTING 78.42
BAILIFF DUTIES 300.00
MUNICIPAL COURT DEPT TOTAL 378.42
DEPT MEETING
43.68
OFFICE SUPPLIES
2.84
PAPER
27.35
PROCLAMATION RIBBONS
1.98
COUNCIL WORK SESSION
142.90
MANAGERIAL DEPT TOTAL
218.75
OFFICE SUPPLIES 88.63
FINANCE DEPT TOTAL 88.63
TUITION REIMBURSEMENT
143.40
PRINTING
30.93
OFFICE SUPPLIES
18.04
BULLETINS/GUIDES/CALENDARS
389.08
EAP SERVICES
199.00
CHARACTER BANNERS
665.00
EMPLOYMENT AD
91.65
EMPLOYMENT AD
10.00
EMPLOYMENT AD
150.00
EMPLOYMENT ADVERTISING
161.38
EMPLOYMENT ADVERTISING
108.14
HUMAN RESOURCES DEPT TOTAL
1,966.62
OFFICE SUPPLIES
131.94
COPY PAPER
300.00
SUPPLIES
163.87
SHREDDER BAGS
128.75
COPIER MAINTENANCE
774.88
MAT SERVICE
32.65
LEGAL SERVICES
831.25
LEGAL SERVICES
250.00
POSTAGE METER RENTAL
927.72
LEGAL NOTICES
264.00
PHONE USE
49.60
PHONE USE
193.31
PHONE USE
864.06
POSTAGE
2,000.00
FILING FEE
5.00
LICENSE TAGS/FILING FEES
374.00
GENERAL GOVERNMENT DEPT TOTAL
7,291.03
LEGAL DESCRIPTIONS 250.00
INSPECTION SERVICES 270.78
MILEAGE 189.54
COMMUNITY DEVELOPMENT DEPT TOTAL 710.32
VENDOR
DESCRIPTION
AMOUNT
US CELLULAR
CELL PHONE USAGE
69.10
TREASURER PETTY CASH
MILEAGE/PIKE PASS -CLINE
131.68
OKLA URBAN & COMMUNITY FORESTRY COUNCIL
CON FERENCE-STAGG/DEARING
160.00
ENGINEERING DEPT TOTAL
360.78
OFFICE DEPOT
KEYBOARD
19.99
CARD CENTER
ANNUAL PLAN-GOTOMYPC
371.25
CINGULAR WIRELESS
CELL PHONE USE
48.38
OWASSO TRAVEL SERVICE
AIR FARE-WILLSON
266.60
CARD CENTER
WIRELESS INTERNET SEMINAR
595.00
CDW GOVERNMENT
FIREWALL/SUBSCRIPTION/FILTER
2,921.26
DELL MARKETING
POWER CONNECT SWITCH
332.40
CDW GOVERNMENT
FIREWALL/SUBSCRIPTION/FILTER
390.23
INFORMATION SYSTEMS DEPT TOTAL
4,945.11
OFFICE DEPOT
WIRELESS MOUSE
29.99
OFFICE DEPOT
OFFICE SUPPLIES
8.07
CUSTOM CRAFT AWARDS
DOOR SIGNS/GAVEL W/BLOCK
181.00
LOWES HOME IMPROVEMENT
PHYSICAL PROPERTY SUPPLIES
200.04
LOCKE SUPPLY
PHYSICAL PROPERTY SUPPLIES
13.10
GRAINGER
PHYSICAL PROPERTY SUPPLIES
184.34
UNIFIRST HOLDINGS
UNIFORM RENTAL
86.99
COMMERCIAL POWER SOLUTIONS
REPAIR -GENERATOR
199.28
DIST II PROBATION COMMUNITY CORRECTIONS
DOC WORKER PROGRAM
371.23
TREASURER PETTY CASH
DOC LUNCHES
52.47
CINGULAR WIRELESS
CELL PHONE USE
24.20
CINGULAR WIRELESS
CELL PHONE USE
24.20
SOUTHWESTERN BELL
PHONE USE
131.26
OWASSO TRAVEL SERVICE
AIR FARE -WHITE
266.60
CARD CENTER
WIRELESS INTERNET SEMINAR
595.00
SUPPORT SERVICES DEPT TOTAL
2,367.77
MILL CREEK LUMBER & SUPPLY
FORM HARDWARE
27.20
CEMETERY DEPT TOTAL
27.20
ONYX CORPORATION
TONER CARTRIDGES
169.85
SAV-ON PRINTING & SIGNS
RUBBER STAMP
19.20
OFFICE DEPOT
OFFICE SUPPLIES
43.98
XPEDX PAPER & GRAPHICS
COPY PAPER
150.00
DEPARTMENT OF PUBLIC SAFETY
2005 OK LAW BOOKS
560.00
SOUTHERN AGRICULTURE
CANINE SUPPLIES
88.96
LYNN PEAVEY COMPANY
EVIDENCE COLLECTION SUPPLIES
17.95
ARMOR HOLDINGS FORENSICS
EVIDENCE COLLECTION SUPPLIES
132.95
GALL'S INC
DUTY JACKET
84.99
SOUTHWESTERN BELL
ONE USE
49.18
SOUTHWESTERN BELL
PHONE USE
32.54
SOUTHWESTERN BELL
PHONE USE
864.07
CARD CENTER
FBI CONFERENCE-CANCELLED
-377.33
TOTAL RADIO
RADIO EQUIPMENT
637.12
SOFTWARE HOUSE INTERNATIONAL
SOFTWARE LICENSE
300.00
TIGER DIRECT
MEMORY CARD
239.96
POLICE DEPT TOTAL
3,013.42
ONYX CORPORATION
REFILL HP
15.95
VENDOR
DESCRIPTION
AMOUNT
P A M DISTRIBUTING
BATTERIES
90.00
GRAYBAR ELECTRIC
HANDSET LIFTER
107.38
DELL MARKETING
FLAT PANEL
205.00
DELL MARKETING
TOUCH SCREEN MONITOR
350.00
POLICE COMMUNICATIONS DEPT TOTAL
768.33
HILL'S PET NUTRITION SALES
SHELTER SUPPLIES
118.75
ICKY'S THREE LAKES LAUNDRY
BUNDLE LAUNDRY
109.20
SOUTHWESTERN BELL
PHONE USE
0.72
SOUTHWESTERN BELL
PHONE USE
32.54
ANIMAL CONTROL DEPT TOTAL
261.21
TREASURER PETTY CASH
REFRESHMENTS
34.50
TREASURER PETTY CASH
MEALS-CLARK
9.92
WAL-MART COMMUNITY
AMBULANCE SUPPLIES
227.17
NORTH AMERICA FIRE EQUIPMENT
BUNKER GEAR/HELMETS/GLOVES
355.90
CROW BURLINGAME COMPANY
REPAIR SUPPLIES
3.79
BAILEY EQUIPMENT
BACKPACK HARNESSES
60.24
BMI SYSTEMS OF TULSA
COPIER RENTAL
212.37
SPRINT COMMUNICATIONS COMPANY
PCS CHARGES
615.12
SPRINT COMMUNICATIONS COMPANY
PCS CHARGES
1.74
SOUTHWESTERN BELL
PHONE USE
21.41
SOUTHWESTERN BELL
PHONE USE
196.71
FIRE SERVICE TRAINING OSU
TRAINING-GOSVENER
125.00
AIR CLEANING TECHNOLOGIES
EXHAUST REMOVAL SYSTEM
46,902.00
FIRE DEPT TOTAL
48,765.87
SOUTHWESTERN BELL
PHONE USE
16.27
EMERGENCY PREPAREDNESS DEPT TOTAL
16.27
APAC
ASPHALT
123.18
MILL CREEK LUMBER & SUPPLY
FORM HARDWARE
31.98
ATWOODS DISTRIBUTING
LOCK/CHAIN
25.10
SHERWIN-WILLIAMS COMPANY
PAINT REMOVER
23.23
TRAFFIC & PARKING CONTROL CO
SAFETY CONES
716.61
ALL WHEEL DRIVE
CHEMICALS/SNOW PLOW SHOES
458.58
MICHAEL TODD COMPANY
CHEMICALS/SNOW PLOW BLADES
345.32
UNIFIRST HOLDINGS
UNIFORM/PROT CLOTHING
85.30
GEORGE & GEORGE SAFETY AND GLOVE
GLOVES/VEST/GLASSES
27.11
TULSA COUNTY TULSA COUNTY BOCC
TRAFFIC/STREET SIGNS
1,623.75
ATWOODS
WELDING TORCH KIT
169.95
LOWES HOME IMPROVEMENT WAREHOUSE
LINE REEL
8.93
OWASSO FENCE
FENCE REPAIR
165.00
US CELLULAR
CELL PHONE USAGE
34.55
SOUTHWESTERN BELL
PHONE USE
20.32
RAINBOW CONCRETE COMPANY
CONCRETE
119.25
STREETS DEPT TOTAL
3,978.16
BROWN FARMS SOD
SOD
1,405.00
WARREN CAT
PARTS -RENTAL EXCAVATOR
23.06
L & S DEDMON TRUCKING
FILL DIRT
425.00
ATWOODS
HOSE FITTING
1.95
LOWES HOME IMPROVEMENT
SUPPLIES
38.42
UNIFIRST HOLDINGS
UNIFORM/PROT CLOTHING
71.86
GEORGE & GEORGE SAFETY AND GLOVE
GLOVES/VEST/GLASSES
27.08
VENDOR
DESCRIPTION
AMOUNT
GELLCO UNIFORMS & SHOES
WORK BOOTS- B U SBY/FITCH
213.28
STORMWATER MAINT DEPT TOTAL
2,205.65
ATWOODS
ANTIFREEZE
5.52
LOWES HOME IMPROVEMENT
KEYS
3.72
ADT SECURITY SERVICES
SECURITY SERVICES
43.36
ATWOODS
WORK BOOTS-BYRNE
123.95
WASHINGTON CO RWD 3
MCCARTY PARK WATER
14.31
SOUTHWESTERN BELL
PHONE USE
66.58
ANCHOR STONE
CRUSHER RUN
75.87
WATER PRODUCTS
RESTROOM MATERIALS
772.40
MIRACLE RECREATION EQUIPMENT COMPANY
FALL ZONE
6,000.00
PARKS DEPT TOTAL
7,105.71
CHARACTER TRAINING INSTITUTE
BULLETINS
35.00
XPEDX PAPER & GRAPHICS
COPY PAPER
25.00
SOUTHWESTERN BELL
PHONE USE
0.03
SOUTHWESTERN BELL
PHONE USE
116.93
COMMUNITY CENTER DEPT TOTAL
176.96
LOWES HOME IMPROVEMENT
SPRINKLER HOSE
39.98
SOUTHWESTERN BELL
PHONE USE
0.28
SOUTHWESTERN BELL
PHONE USE
19.05
HISTORICAL MUSEUM DEPT TOTAL
59.31
LONE STAR OVERNIGHT
EXPRESS/OVERNIGHT DELIVERY
11.38
FEDERAL EXPRESS CORPORATION
OVERNIGHT DELIVERY
27.03
TREASURER PETTY CASH
OEDA MEETING
27.78
ECONOMIC DEVELOPMENT DEPT TOTAL
66.19
GENERAL FUND TOTAL
84,821.71
OFFICE DEPOT
OFFICE SUPPLIES
57.45
ALLIANCE MEDICAL
AMBULANCE SUPPLIES
3,219.58
PACE PRODUCTS OF TULSA
AMBULANCE SUPPLIES
284.00
EXCELLANCE
AMBULANCE PARTS
40.06
LOWES HOME IMPROVEMENT
MAINT SUPPLIES
3.22
MEDICLAIMS
MONTHLY SERVICES
3,942.87
AMBULANCE SERVICE FUND TOTAL
7,547.18
SOUTHWESTERN BELL
E911 SERVICES
1,867.12
E911 FUND TOTAL
1,867.12
RAINBOW CONCRETE COMPANY
CONCRETE
103.75
BARCO PRODUCTS
TRASH RECEPTACLES
5,839.00
CEMETERY CARE FUND TOTAL
5,942.75
HOLDEN, DEBBIE
TOBACCO PREVENTION CLASS
75.00
JUVENILE COURT FUND TOTAL
75.00
MESHEK & ASSOCIATES
ENGINEERING SERVICES
14,090.06
JKJ OWASSO DEVELOPMENT
SILVER CREEK IMPROVEMENTS
89,041.50
STORMWATER MGMT FUND TOTAL
103,131.56
VENDOR
DESCRIPTION
AMOUNT
C2A ENGINEERING
ENGINEERING SERVICES-86/MINGO
13,260.00
DEWBERRY DESIGN GROUP
ENGINEERING SERVICES
2,500.00
C2A ENGINEERING
ENGINEERING SERVICES
5,750.00
CHARNEY, BUSS, & WILLIAMS, P.C.
LEGAL SERVICES
504.88
GNC CONCRETE PRODUCTS
PRECAST MANHOLES
768.45
YMCA OF GREATER TULSA
YMCA POOL PROJECT -MATERIALS
86,876.97
CAPITAL IMPROVEMENTS FUND TOTAL
109,660.30
W.S. DARLEY & CO
FIRE TRUCK EQUIPMENT
889.69
FIRE CAPITAL FUND TOTAL
889.69
ANCHOR STONE
CRUSHER RUN
75.86
WATER PRODUCTS
RESTROOM MATERIALS
772.40
INCOG
CDBG-ED-04 NSP
222.84
CAPITAL PROJECTS GRANT FUND TOTAL
1,071.10
LIVINGSTON, KEN
TUITION REIMB
309.90
OFFICE DEPOT
OFFICE SUPPLIES
50.57
O'REILLY AUTOMOTIVE
PARTS FOR RESALE
28.94
XPEDX PAPER & GRAPHICS
COPY PAPER
25.00
UNIFIRST HOLDINGS
UNIFORM RENTAL
130.40
O'REILLY AUTOMOTIVE
PARTS FOR RESALE
387.19
UNITED ENGINES
PARTS -DUMP TRUCK
643.49
EAST TULSA DODGE
PARTS-PD VAN
33.34
FRONTIER INTERNATIONAL TRUCKS
PARTS -TRASH TRUCK
450.07
T & W TIRE
TIRES-TRASH/DUMP TRUCK
2,277.76
B & M OIL COMPANY
OIL/FLUIDS
370.01
QUIKSERVICE STEEL CO
STEEL -REPAIR TRASH TRUCK
369.15
CROW BURLINGAME COMPANY
PARTS FOR RESALE
31.58
CINGULAR WIRELESS
CELL PHONE USE
24.19
SOUTHWESTERN BELL
PHONE USE
5.15
SOUTHWESTERN BELL
PHONE USE
202.81
CITY GARAGE FUND TOTAL
5,339.55
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMPENSATION MEDICAL
8,011.32
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMPENSATION MEDICAL
1,532.12
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMPENSATION TTD CLAIMS
1,296.22
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMPENSATION TTD CLAIMS
123.74
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMPENSATION SETTLEMENTS
1,056.00
WORKERS COMP FUND TOTAL
12,019.40
FIRST BANK OF OWASSO
TORT CLAIM #TR-06-001
1,102.74
SELF INSURANCE FUND TOTAL
1,102.74
GRAND TOTAL
333,468.10
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 2/18/2006
Department
Overtime Expenses
Total Expenses
Municipal Court
0.00
3,765.50
Managerial
49.59
15,379.71
Finance
0.00
15,751.85
Human Resourses
0.00
6,243.55
Community Development
0.00
13,378.61
Engineering
0.00
9,648.08
Information Systems
0.00
7,709.36
Support Services
242.82
7,329.73
Police
983.18
98,207.18
Central Dispatch
424.30
8,652.14
Animal Control
0.00
2,892.44
Fire
1,123.18
72,038.21
Emergency Preparedness
0.00
1,78744'
Streets
1,269.92
8,516.28
Stormwater/ROW Maint.
156.81
9,221.64
Park Maintenance
0.00
7,648.08
Community -Senior Center
0.00
4,74467
Historical Museum
0.00
2,481.92
Economic Development
0.00
3,89544
General Fund Total $4,249.80 $299,291`.83
Garage Fund
Fund Total $228.64 $5,20290
Ambulance Fund
Fund Total $374.39 $18,529.74
Emergency911 Fund
Fun• Total 1 ♦ • f •...
Worker's Comp Self -Insurance Fund
Fund Total $000
CITY •O i. •
HEALTHCAREi •
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
VSP VISION MEDICAL SERVICE
ADMIN FEES
VISION DEPT TOTAL
1
AMOUNT
21,563.05
25,216.76
10,809.34
57,589.15
2,832.27
1,161.80
3,994.07
2,784.56
904.16
3,688.72
65,271.94
TO: THE HONORABLE MAYOR AND COUNCII
CITY OF OWASSO
FROM: •ROONEY
ASSISTANT CITY Z.
DATE: March 2, 2006
BACKGROUND:
At the February i, 2006 regular meeting, the Owasso City Council unanimously approved
Ordinance No. 841. Ordinance No. 841 allowed for the annexation of approximately 28 acres
of property located near the southwest corner of E. 96"' Street North and N. 145' E. Avenue.
Ordinance No. 841 contained a scrivener's error in the legal description of the subject
property, thus prohibiting the legal description from closing. Ordinance No. 841 - Amended
corrects the scrivener's error and allows for the legal description provided to close.
ADDITIONAL, COMMENTS:
The publication of Ordinance No. 841 - Amended must occur prior to the publication of
Ordinance No. 844 in order to allow the city's annexation of property along the E. 96' Street
North area to occur.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 841 - Amended.
ATTACHMENTS
1. Ordinance No. 841 - Amended
2. Subject Map
1
AN ORDINANCE AMENDING ORDINANCE NO. 841, ACCEPTING,
ADDING, AND ANNEXING 1 THE CITY OF OWASSO, OKLAHOMA,
ADDITIONAL LAN1 AND TERRITORY IN THE NEA NEA OF SECTION
TOWNSHIP21, 1RTH, RANGE 14 EAST 1
COUNTY,. OF OKLAHOMA, ACCORDING TO
GOVERNMENT1`PROVIDED 1
PUBLICATIONAFTER THE PASSAGE AND OF THIS ORDINANCE
ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN
DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO,
OKLAHOMA,AND FURTHER DECLARING THAT ALL 1
RESIDING. 1 THE JURISDICTION,
CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA ESTABLISHINGPART OF WARD ONE 1
I;1 CITY AND DIRECTINGOF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a
petition in writing, signed by not less than three -fourths of the legal voters and owners of not less
than three -fourths (in value) of the property hereinafter described, the same being contiguous to
the corporate limits of the City of Owasso, requesting that said property be annexed and added to
the City of Owasso is submitted; and
WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the City of
Owasso, Oklahoma, and notice was given that said Petition would be considered by the City
Council of the City of Owasso, at a meeting to be held on November 15, 2005 at 6:30 PM at Old
Central, Owasso, Oklahoma; and
WHEREAS, on the 15th day of November, 2005, said Petition was duly considered by the
City Council and was determined to have complied with the provisions of Title 11, Section 21-
103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said
petition had been given.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That the following described territory lying in Tulsa County, Oklahoma which is
contiguous to the present corporate limits of the City of Owasso and described in the petition
presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et
seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit:
A TRACT OF LAND IN THE NE/4 NE/4 OF SECTION 21, TOWNSHIP 21
NORTH, RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, STATE OF
OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF SECTION 21, T-21-N, R-14-E,
THENCE N 890 59'38" W, A DISTANCE OF 30 FEET; THENCE S 00° 08'01"
W, A DISTANCE OF 363.00 FEET TO THE POINT OF BEGINNING;
THENCE S 000 08'01" W, A DISTANCE OF 960.32 FEET; THENCE N
89055'02" W, A DISTANCE OF 963.56 FEET; THENCE DUE NORTH 710.69
FEET; THENCE S 89°37'49" W, A DISTANCE OF 329.64 FEET; THENCE N
00008'04" E, A DISTANCE OF 250.50 FEET; THENCE S 89°59'39" E, A
DISTANCE OF 120.00 FEET; THENCE N 00' 08'04" W, A DISTANCE OF
338.00 FEET; THENCE S 89°59'38" E, A DISTANCE OF 120.00 FEET;
THENCE N 00008'04" W, A DISTANCE OF 8.50 FEET; THENCE S 89°59'38"
E, A DISTANCE OF 440.00 FEET; THENCE S 00°08'04" E, A DISTANCE OF
346.50 FEET, THENCE S 89°59'38" E, A DISTANCE OF 614.84 FEET TO
THE POINT OF BEGINNING. A PLOT OF LAND CONTAINING 27.56
ACRES, MORE OR LESS,
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the above
described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real estate
and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and
in Ward Three thereof, and all persons residing therein, and all property situated thereon, shall be
and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City
of Owasso, Oklahoma, in all respects and particulars.
Section 3. That from and after the effective date of this Ordinance, the real estate and
territory described in Section 1 hereof, shall be deemed to be in the AG (Agricultural) zoning
district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso
Zoning Code.
Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance, together with an accurate map of the territory hereby
annexed.
Section 5. That this Ordinance shall become effective thirty (30) days from the date of first
publication as provided by state law.
PASSED AND APPROVED this 7th day of March, 2006.
Craig Thoendel, Mayor
017401lIIs111�
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Trout Lombardi, City Attorney
E, 96th STA12
Owasso Communfly
Devolopment Deputment
III N. Main St.
Owasso, OK 74055
918. 37 .150
918.376.1597
www.cityofowasso.com
"Or
TO: MAYOR
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
DATE: March 1, 2006
At the February 21, 2006 meeting, the Owasso City Council approved the annexation of 41
properties located on approximately 104 acres situated along East 96th Street North between North
129th East Avenue and North 145th East Avenue. The Council took the action on this annexation
following the Planning Commission's approval on February 13, 2006. Ordinances No. 843 and No.
844 have been prepared and placed on the March 7, 2006 City Council consent agenda for action by
the City Council, and these ordinances would, if approved, annex the property.
Ordinance No. 843 would annex the properties along the north side of East 96th Street, in
accordance with the provision in the Oklahoma Statutes that allows cities to annex territory that has
been divided into tracts less than five acres in size. Ordinance No. 844 would annex the properties
along the south side of East 96th Street, in accordance with the provision in the Oklahoma Statutes
that allows cities to annex territory that is bordered on at least three sides by municipal boundaries.
The staff recommends Council approval of Ordinance No. 843 and Ordinance No. 844.
I_r W 1I_�fl:1►l I Y1►Y1
1. Ordinance No. 843
2. Ordinance No. 844
3. Subject Map
CITY OF OWASSO
ORDINANCE NO. 843
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE
SOUTH HALF (S/2) OF SECTION SIXTEEN (16) OF TOWNSHIP TWENTY-ONE (21)
NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND
MERIDIAN (I.B.&M.), TULSA COUNTY, OKLAHOMA, PROVIDED THAT FROM
AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE
THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN
DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA,
AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN
SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING
THE SAME AS PART OF WARD THREE OF SAID CITY AND DIRECTING
THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21 w 103, et seq., of the
Oklahoma Statutes, the City of Owasso is permitted to annex additional territory without consent
where the territory to be annexed is subdivided into tracts or parcels of less than five (5) acres and
contains more than one residence; and
WHEREAS, notice of public hearings regarding the annexation was published in the
Owasso Reporter and mailed to affected property owners; and
WHEREAS, on the 21" day of February, 2006, Annexation OA 06-01 and the service plan
for that annexation was approved City Council,
OWASSO,NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
Section 1. That the following described territory lying in Tulsa County, Oklahoma which is
contiguous to the present corporate limits of the City of Owasso, and more particularly described
as follows, to -wit:
A tract of land located in the South Half (S/2) of Section Sixteen (16) of Township Twenty -One (21)
North and Range Fourteen. (14) East of the Indian Base and Meridian (I.B.&M.), Tulsa County,
Oklahoma; being more particularly described as follows: Commencing at the SW corner of Sec. 16,
T-2I-N, R-14-E, 1.B.&M.; Thence S 8892'45" W along the south line of said Sec. 16 a distance of
1986.09 feet to the SW corner of the E/2 of the SEA of the SW/4 of said Sec. 16; Thence N
01 ° 18' 10" W a distance of 33.00 feet to the Point of Beginning; Thence N 01 ° 18' 10" W a distance
of 1289.10 feet to the NW corner of said E/2 SEA SW/4; Thence N 88°36'18" E a distance of
662.10 feet to the NE corner of said E/2 SE/4 SW/4; Thence S 01°17'59" E along the east line of
said E/2 SE/4 SWA a distance of 660.71 feet; Thence N 88°34'47" E a distance of 882.26 feet;
Thence S 01 ° 17'57" E a distance of 627.27 feet to the north right-of-way of East 96`" Street North;
Thence S 88°33'05" W along said north right-of-way (until otherwise noted) a distance of 220.00
feet; Thence N 01°17'58" W a distance of 17.00 feet; Thence S 88°33'05" W a distance of 464.26
feet; Thence S 01°17'59" E a distance of 17.00 feet; Thence S 88°33'05" W a distance of 198.09
feet; Thence S 88°32'45" W a distance of 661.94 feet to the Point of Beginning, and containing
32.12 acres, more or less. Basis of Bearing is the Oklahoma State Plane Coordinate System.
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the above
described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real estate
and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in
Ward Three thereof, and all persons residing therein, and all property situated thereon, shall be
and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City
of Owasso, Oklahoma, in all respects and particulars.
Section 3. That from and after the effective date of this Ordinance, the real estate and
territory described in Section 1 hereof, shall be deemed to be in the AG (Agricultural) zoning
district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso
Zoning Code.
Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance, together with an accurate map of the territory hereby
annexed.
Section 5. That this Ordinance shall become effective thirty (30) days from the date of first
publication as provided by state law.
r r ...• rAIII I, �
Mayor
ATTEST: APPROVED:
City Clerk City Attorney
CITY OF OWASSO
ORDINANCE NO. 844
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE
SOUTH HALF (S/2) OF SECTION SIXTEEN (16) AND THE NORTH HALF (N/2)
OF SECTION TWENTY-ONE (21) OF TOWNSHIP TWENTY-ONE (21) NORTH
AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN
(I.B.&M.), TULSA COUNTY OKLAHOMA, PROVIDED THAT FROM AND
AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT
ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN
DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA,
AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN
SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING
THE SAME AS PART OF WARD THREE OF SAID CITY AND DIRECTING
THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma Statutes, the City of Owasso is permitted to annex additional territory without consent
where three sides of the territory to be annexed are adjacent or contiguous to the property already
within the municipal limits; and
WHEREAS, notice of public hearings regarding the annexation was published in the
Owasso Reporter and mailed to affected property owners; and
WHEREAS, on the 21" day of February, 2006, Annexation OA 06-01 and the service plan
for that annexation was approved City Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That the following described territory lying in Tulsa County, Oklahoma which is
contiguous to the present corporate limits of the City of Owasso, and more particularly described
as follows, to -wit:
A tract of land located in the South Half (S/2) of Section Sixteen (16) and the North Half (N/2) of
Section Twenty -One (21) of Township Twenty -One (21) North and Range Fourteen (14) East of the
Indian Base and Meridian (I.B.&M.), Tulsa County, Oklahoma; being more particularly described as
follows: Commencing at the SW conger of Sec. 16, T-21-N, R-14WE, I.B.&M., Thence S 88°32'45"
W along the south line of said Sec. 16 a distance of 1324.06 feet to the SW corner of the SEA of the
SWA of said Sec. 16 being the Point of Beginning; Thence N 01°27'15" W a distance of 50.00 feet
to the north right-of-way of East 96"' Street North; Thence N 88°32145" E along said north right-of-
way (until otherwise noted) a distance of 662.16 feet; Thence S 01 ° 18' 10" E a distance of 17.00
feet; Thence N 88°32'45" E a distance of 661.94 feet; Thence N 88°33'05" E a distance of 198.09
feet; Thence N 01°17'59" W a distance of 17.00 feet; Thence N 88°33'05" E a distance of 464.26
feet; Thence S 01°17'58" E a distance of 17.00 feet; Thence N 88033'05" E a distance of 782.25
feet; Thence S 01°18'56" E and leaving said right-of-way line a distance of 33.00 feet to the north
line of Sec. 21, T-21-N, R-14-E, I.B.&M; Thence S 01°18'56" E a distance of 363.00 feet; Thence
S 88°33'05" W a distance of 120.00 feet; Thence S 01°18'56" E a distance of 250.50 feet; Thence
N 88°35'21" E a distance of 331.15 feet; Thence S 01°19'03" E a distance of 708.33 feet; Thence N
88°37'36" E a distance of 331.18 feet; Thence S 01°19'08" E a distance of 661.24 feet; Thence S
88°39'51" W a distance of 662.39 feet to the east line of Nottingham Estates V, an addition to the
City of Owasso, according to the recorded plat, thereof, Thence N 01°18'56" W along the east line
of said Nottingham Estates V a distance of 1125.38 feet; Thence S 88°50'15" W along the north line
of said Nottingham Estates V a distance of 590.30 feet; Thence S 88°41'34" W a distance of 9.71
feet to the southeast corner of Nottingham Estates IV, an addition to the City of Owasso, according
to the recorded plat, thereof; Thence N 01°20'23" W along the east line of said Nottingham Estates
IV a distance of 804.07 feet to the south right-of-way of East 96"' Street North; Thence S 88°33'05"
W along said south right-of-way a distance of 724.18 feet; Thence S 01' 18'26" E along the west line
of said Nottingham Estates IV and the west line of Nottingham Estates II, an addition to the City of
Owasso, according to the recorded plat, thereof, a distance of 1269.88 feet to the southeast corner of
Pleasant View Estates, an addition to Tulsa County, according to the recorded plat, thereof, Thence
S 8897'25" W along the south line of said Pleasant View Estates a distance of 13 24.5 8 feet; Thence
N 01 ° 17'04" W along the west line of said Pleasant View Estates a distance of 1318.08 feet to the
Point of Beginning, and containing 71.69 acres , more or less. Basis of Bearing is the Oklahoma
State Plane Coordinate System.
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the above
described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real estate
and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and in
Ward Three thereof, and all persons residing therein, and all property situated thereon, shall be
and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City
of Owasso, Oklahoma, in all respects and particulars.
Section 3. That from and after the effective date of this Ordinance, the real estate and
territory described in Section I hereof, shall be deemed to be in the AG (Agricultural) zoning
district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso
Zoning Code.
Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance, together with an accurate map of the territory hereby
annexed.
Section S. That this Ordinance shall become effective thirty (30) days from the date of first
publication as provided by state law.
PASSED AND APPROVED this ith day of March, 2006.
ATTEST:
City Clerk
APPROVED:
Mayor
APPROVED:
City Attorney
MAYORTO: THE HONORABLE AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
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At the February 21, 2006 meeting, the Owasso City Council approved an annexation request (OA
06-02) for approximately 0.23 acres of property, located at the southeast corner of the intersection
of East 103rd Street North and the Owasso Expressway (the future Urgent Care site). Ordinance
No. 845 would implement this approval. Accordingly, the annexation ordinance has been placed
on the March 7, 2006 City Council consent agenda for action by the City Council.
The staff recommends Council approval of Ordinance No. 845.
Ordinance No. 845
CITY OF OWASSO
ORDINANCE NO. 845
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE
NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH,
RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED
THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS
ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID
TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF
OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS
RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION,
CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID
CITY AND DIRECTING THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a
petition in writing, signed by not less than three -fourths of the legal voters and owners of not less
than three -fourths (in value) of the property hereinafter described, the same being contiguous to
the corporate limits of the City of Owasso, requesting that said property be annexed and added to
the City of Owasso is submitted, and
WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the City of
Owasso, Oklahoma, and notice was given that said Petition would be considered by the City
Council of the City of Owasso, at a meeting to be held on February 21, 2006 at 6:30 PM at Old
Central, Owasso, Oklahoma; and
WHEREAS, on the 21" day of February, 2006 said Petition was duly considered by the City
Council and was determined to have complied with the provisions of Title 11, Section 21-103, et
seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said
petition had been given.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That the following described territory lying in Tulsa County, Oklahoma which is
contiguous to the present corporate limits of the City of Owasso and described in the petition
presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et
seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit:
CORNER PIECE w A PART OF THE NORTH HALF (N/2) OF THE NORTHEAST QUARTER
(NE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4)
OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA
COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NEA OF SAID NEA OF SEA OF
NW/4, 25. 00 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE S 8 8'40'5 8"
W ALONG THE SOUTH LINE OF SAID N/2 OF NEA OF SE/4 OF NW/4 FOR 53.65 FEET TO
A POINT ON THE EASTERLY RIGHT-OF-WAY OF U. S. HIGHWAY 169; THENCE N
23015'45" E ALONG SAID RIGHT-OF-WAY FOR 47.08 FEET; THENCE S 66'43'36" E FOR
37.47 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF EAST 103"D STREET
NORTH AS RECORDED IN BOOK 6473 AT PAGE 2560; THENCE S 1'18'41" E FOR 27.22
FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.04 ACRES MORE OR
LESS.
25' STRIP - THE SOUTH 25.00 FEET OF THE SOUTHEAST QUARTER (SE/4) OF THE
NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE
NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14
EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA- SAID TRACT CONTAINS 0.19
ACRES MORE OR LESS
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the above
described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real estate
and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and in
Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and
are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of
Owasso, Oklahoma, in all respects and particulars.
Section 3. That from and after the effective date of this Ordinance, the real estate and
territory described in Section I hereof, shall be deemed to be in the OM (Office) zoning district of
the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning
Code.
Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance, together with an accurate map of the territory hereby
annexed.
Section 5. That this Ordinance shall become effective thirty (30) days from the date of first
publication as provided by state law.
PAS SED AND APPROVED this - day of -9 200E
Mayor
ATTEST: APPROVED:
TO: HONORABLE . 1; COUNCIL
CITY OF OWASSO
DATE: March 1, 2006
At the February 7, 2006 City Council meeting, the City Council voted to table consideration
of Ordinance No. 837, the gated communities ordinance, until the March 7, 2006 City
Council meeting. The staff is bringing the item back to the City Council for consideration
at the March 7, 2006 City Council meeting.
The staff has been requested to perform research into the issue of gated communities and to
present a recommendation based upon the findings of that research. Currently, there are
more than 50,000 gated communities in the U.S. with more being built every year. About
6% of the country's population lives inside gated communities, totaling seven million
households (Census Bureau, 2001).
Currently within the Owasso city limits two developments exist that are considered to be
gated communities, one being southern portion of Southern Links Addition and the
second being Watercolours located in the Coffee Creek Addition. Both of these
developments allow access to the general public during the daytime hours.
The staff has drafted an ordinance that would allow the installation of entrance gates into
residential subdivisions on private streets only. It should be noted that gates would not be
permitted on streets that would otherwise connect to adjacent subdivisions or on collector
roads that would connect one arterial with another.
This memorandum is a summation of the findings of the directors of Community
Development, Fire, Police, Public Works, and the City Attorney. The report is organized
into different points of focus that were examined by the respective staff members. The first
point of focus, from the Public Works Director, outlines the direct effects of gated
residential entrances on our ability to provide water, sewer and refuse collection and
infrastructure maintenance service. Second, the Fire Chief examines necessary design
criteria for gates that would ensure a rapid and safe response to provide the earliest possible
arrival and intervention of public safety personnel to an emergency. Next, the Police Chief
focuses on the pros and cons of gated communities from the perspective of law
enforcement. The City Attorney reports on her findings related to the legality of gated
neighborhoods; especially as to whether they can be located on public streets. Finally, the
Community Development Director provides general findings on gated communities — from
benefits and drawbacks for both the homebuyer and the city to general statistics about gated
communities and a summary of research.
Water and Sewer —
Whether gated or not, the city is obligated to provide water and sewer service to
customers located within the service area. The presence of a gate, which is kept open
during business hours, would have little or no impact on our ability to provide regular
services. Furthermore, because suspension of service would not result on an immediate
loss of life, the City may opt to delay response to after-hours calls when gates prohibit
entrance to the residential area. Thus, staff anticipates little or no effect of the gate on the
City's ability to provide quality water and/or sewer service.
Similarly, whether the streets remain public or become private has no bearing on water
and sewer infrastructure which — regulated by Oklahoma Department of Environmental
Quality — must remain public.
Refuse Collection —
The presence of a "properly -sized" gate — which remains open during business hours —
would have no impact on our ability to provide service. A potentially problematic effect
of gates would be its width, which if improperly sized could restrict entrance of refuse
vehicles to the subdivision. This can be easily overcome by specifying minimum
clearances at residential entrances in the City's design criteria. Finally, whether the streets
are private or public would have no impact on our ability to provide quality refuse
collection service.
Streets and Drainage —
Again, the presence of a gate itself has minimal impact or no impact on our ability to
provide maintenance to the City's streets and stormwater infrastructure. Of significant
importance to this discussion, however, is whether the streets are private or public. In
past, when streets are private, City staff has had no involvement in the design,
construction and/or maintenance of the infrastructure.
It is worth noting that although an advantage of private streets should be the release from
maintenance obligations related to the infrastructure, recent history has proven different.
In the 1970's, the Three Lakes Village streets were constructed as private infrastructure,
exempt from City requirements. Unfortunately, not only was the street too narrow to
allow for safe traffic, but also its foundation was too shallow to withstand normal
residential traffic. Resultantly, the City — after numerous petitions by the area residents —
has agreed to accept the streets after the effect and invest nearly $250,000 in their
reconstruction. To prevent the reoccurrence of this problem, it would be advantageous to
require that private street infrastructure servicing a residential neighborhood meet
minimum City standards.
Gates may result in a reduction of traffic volumes on the gated passageway because it
eliminates through traffic. Resultantly, traffic volumes on alternate through routes should
be expected to increase. If the gated passageway is private, the increased traffic volumes
on alternate public routes would result in higher maintenance costs for the City.
Conversely, maintenance savings resulting from a decrease in through traffic in gated
communities would be enjoyed by the resident owners.
Finally, gated throughways would render the passage worthless to all but those able to
operate the gate — when the gate is closed. In other words, only those that can open the
gate are provided with unrestricted access to the passageway. Thus, the excessive use of
gates could result in disruption of contiguous residential street networks, rendering the
system useless and overloading arterial streets.
The idea of installing entry/access-controlling gates is not new, but remains in conflict
with the primal goal of the emergency responders from both the police and fire
departments: a rapid and safe response to provide the earliest possible arrival and
intervention.
h1 the interest of a rapid response, state laws, city ordinances and departmental operating
procedures address the safe and rapid response to emergencies throughout our response
area. Historical and scientific data demonstrate the many benefits of arriving as quickly
and safely as possible, whether the emergency involves fire, violence, or medical or
traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied
structure or an event involving violence, any delay to a rapid and safe response can, and
most often does, affect the successful outcome of the emergency.
The Owasso Fire Department does recognize, however, the customer -centered obligation
to adapt our emergency response goals to homeowner desires for entry/access-controlled
gates. Realizing this, our strongest recommendation is to create and implement design
criteria for the initiation of a gated community.
Criteria for Placement of Gates —
In an effort to minimize the barrier/delayed- time effect, many gated communities have
installed gates that are sensitive to audible sirens, strobe light sequences, or standardized
keys utilized throughout the City by the emergency responders. Although each
methodology bears some merit, there is no one best way to breach a closed gate and
continue a rapid response consistent with a non -gated street.
The development of an ordinance addressing the design criteria should contain language
addressing the following:
1> The requirement that all plats submitted with gated access require the approval of
the Planning Commission and the City Council. Prior to the issuance of any
building permits, the City Engineer, the Fire Marshal, and the Building Official
shall approve a detailed Site Plan for gated access areas.
2. The requirement that any gate shall be located a sufficient distance from a public
street to allow three (3) cars to line up at the gate to clear completely the right-of-
way of the abutting public street without interfering with vehicles utilizing the
public street. The minimum acceptable distance from the gate to the public street
right-of-way shall be no less than sixty -feet (60'). A turn around lane is required
for vehicles unable to enter the gated development.
3. The prohibition of road spikes, barbs, or other tire damaging devices and spikes
installed on gates.
4. The requirement for compliance of all engineering requirements adopted as City
standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access
developments.
5. The requirement for the formation of a Homeowners' Association, or similar
entity, and for the names, addresses and emergency contact numbers of the
Association be provided to the Fire Department. The Homeowners' Association
shall be responsible for the following:
(a) Maintenance and repairs of all streets and/or fire lanes (if remaining
private).
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying Fire Department officers during annual inspection and
testing of the gate opening systems.
(d) Maintaining a service agreement with a qualified contractor to insure year-
round maintenance.
6. The requirement that the minimum gate opening width, including clearance for all
improvements related to the gate, be not less than twenty (20) feet wide per lane if
there is to be ingress and an egress gates.
7. The requirement for the installation of an emergency release or hitch pins on the
control arm. This hitch pin, when removed, will detach the control arm from the
gate and allow the gate to swing open freely with manual intervention.
8. The requirement for a battery back-up system for each gate. These batteries will
be trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners'
Association.
9. The requirement for the gate to be equipped with a rapid entry key lock box,
located at or near the main entrance to the property. The Fire Marshal shall
approve the specific type of lock box and mounting location. (Alternative: some
technological equivalent including light or noise activated opening).
10. The requirement for the location of all rapid entry key lock boxes, hitch pins,
related equipment, operation of gate, signage, opening design, swinging or sliding
operation of the gate or any other design specification be constructed and installed
in accordance with the approved plans.
11. The requirement for the minimum paving width for all lanes entering and exiting
the development at the gated entry is at least twenty (20) feet in width. All streets
within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards of the
City. Should parking along the street be requested by the developer, appropriate
signage shall be provided and the minimum width of the roadway shall be twenty-
six (26) feet.
12. The requirement that when any problems occur in the operation of the gate or any
violation of any section of this ordinance, the gate remain open and accessible
until the problem is resolved and/or the gate is service tested.
13. The requirement that proposed covered entry structures met the minimum height
of no less than thirteen (13) feet. The width shall be no less than twenty (20) feet.
14. The requirement that any developer, Homeowners' Association, or other
responsible property owners proposing any gated community provide the City of
Owasso access assurance prior to installation of any approved gate. The access
shall be provided by an easement to be dedicated to the City in the deed of
dedication of the plat for utilities and essential City services in the streets and
common areas as designated on the subdivision plat.
15. The requirement that the developer, Homeowners' Association, or other
responsible property owners provide for annual inspection of each gate to insure
each gate is tested to meet all of the construction requirements prior to it being
approved for operation or continued operation at any point the gate fails to meet
the standards. The requirement that verification of the access agreement and a
copy of the latest inspection form on file with the City Clerk and the Fire Marshal
including the contractor's name, address, and 24-hour-a-day telephone number(s).
The developer, homeowner's representative, or responsible property owner's
name, address, and telephone number shall be a minimum requirement for
approval of the annual inspection of the gate.
16. A requirement for a registration fee consistent with the latest City Council
approved fee schedule paid to the City for plan review and inspection fees of all
proposed gated communities.
Additional considerations may be included in the design criteria or ordinance for the
approval of gated communities. Among these considerations are:
® strobe light -triggered opener systems
® required residential fire sprinkler systems in the houses within the gated
community
® required cardiac defibrillators accessible in central or duplicate locations within
the gated community
® required intrusion alarms in the houses within the gated community
® required looped residential telephone lines to the gate so that when dialing 911
from a house within the gated community, the gate automatically opens
® requirements for gates installed at apartment complexes or commercial facilities.
Other considerations may arise with more discussion and research ensuring the safety and
security of the citizens behind the gate, while affording the emergency responders a time -
sensitive response into the controlled area.
Pros and cons exist for the residents of developments and services with respect to gated
communities.
Pros -
The staff has identified at least five (5) areas that may provide benefit to law enforcement
with regards to gated communities;
® Nigher sense of security -often residents in gated communities feel a higher sense
of security with the enclosure of walls and fencing. The level of security also
depends on several factors to include; manned gates, patrolling security and type
of access.
® Private gated communities help defer services to other areas -meaning
resources normally expended on patrolling streets, providing maintenance can be
directed elsewhere.
® Private and Public gated communities possibly provide a greater economic
benefit(as a selling point) to the city which may translate into more tax
dollars -whether private or public gated communities exist in the community both
offer, in most cases, better property values as opposed to those property that are
no enclosed and provides incentives to those who generally have more disposable
income.
® Higher probability in the apprehension of criminal activity from outsiders —
in most cases persons that do not reside within the private gated community are
easily identified as being foreign to the area.
® Appreciation of property values- In most cases the value of the property
contained within these communities appreciate more in value as compared to
homes outside however this may greatly depend on whether the infrastructure is
maintained privately or using tax payer's dollars.
Cons -
The staff has also identified at least five (5) areas that may be disadvantages to law
enforcement with regards to gated communities;
® Emergency access to gated communities -several methods are used to access
gates leading into gated communities to include; key entry, keyless touch pad,
manned security, siren activation, radio frequency activation and lighting
activation and as in most cases they may prove to be dependable but not fail safe.
Key entry in most cases is dependable however logistically it is very difficult for
emergency services to maintain the key system, especially when multiple
communities exist within the jurisdiction as well as it can be time consuming
when trying to gain access. Keyless touch pads are somewhat difficult for police
to manage and are extremely volatile to anyone having the entry code. Manned
gates are, in most cases, more reliable but in many cases cost prohibited. Siren
activation, siren activation and radio frequency are all acceptable to being
duplicated, warning suspects to your arrival and are all acceptable to failure.
• Private vs. Public property- depending upon the classification of the property in
question dictates how the police respond. One example would be if the streets
remain public then police have no ability to remove a person that would normally
be considered a trespasser on private property. The opposite of that would be if
the streets were private very little traffic enforcement could result, exceptions do
apply. Many other examples can be cited.
® Segregation -Although not conclusive, research suggest that gated communities
strengthen the idea of segregation in a community therefore posing a risk to strong
cohesive relationship between the rich and poor in essences creating social divide
in the community.
® Crime perception vsa reality -perception is that crime is lower in gated
communities when in reality statistics show little difference partially in that most
people that can afford to live within gated communities can reside in
neighborhoods that have very little crime anyway.
® Crime in most cases is close to home- statistics show that most property and
person crimes are perpetrator by persons that either live close to victim or know
the victim.
The staff has been requested to research the legal issues surrounding implementation of
an ordinance authorizing gated sub -divisions within the Owasso community. While
numerous benefits and drawbacks may be presented by both those advocating and
opposing gated communities, the focus of this memo addresses potential legal issues and
liabilities the City might incur if an ordinance regulating gated communities, either on
private or public roads, were to be adopted by the City Council.
It should be noted at the outset that staff has been unable to locate a municipality within
Oklahoma, or any other state, that has authorized and allowed gated communities on
public roadways. Conversely, numerous cities have adopted ordinances regulating all
aspects of design, operation and function for gates placed on private roads. As a result, it
is well settled at this juncture that municipalities are soundly within their discretion to
allow placement of gates within sub -divisions wherein the roads are wholly owned by the
sub -division's homeowners. In stark contrast, however, there is a complete void of legal
authority establishing precedent for a municipality's ability to allow placement of gates
on public roadways.
Litigation Potential -
An informal poll of city attorneys from several municipalities revealed a unanimous
belief that tolerance or blessing of private gates on public streets by a municipality would
imminently result in litigation. As noted above, research of both federal and state
appellate decisions revealed no authority whatsoever which is supportive of a city's right
to allow gates on public roadways. However, it should be noted that while staff strongly
anticipated finding settled authority prohibiting the same, such was not the case.
Although the courts have spoken to ancillary and related issues on various occasions [lack
of right to privatize surrounding streets, Hicks v. Commonwealth of Virginia, VA. Ct.
App. (2004); lack of right to restrict a "traditional public forum" United States v.
Kokinda, 110 S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to
authorize gating of public streets has not been addressed. In Kokinda, the United States
Supreme Court made clear that the public's use of public properties which are considered
traditional public forums, such as streets or sidewalks that are being used for lawful
purposes, will be allowed significant constitutional protection, and statutory attempts to
encroach upon the public's use are subject to intense judicial scrutiny.
Absent an absolute on -point ruling from the judiciary, staff has attempted to make
application of the traditional legal analyses utilized by the courts in similar types of cases.
The initial consideration requires a preliminary determination regarding the type, nature
and extent of liability potentially incurred by the City if an ordinance authorizing public
road gating were adopted. One possibility would be a private right of action asserted by a
taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been
utilized solely to benefit private parties rather than to benefit the public as a whole.
While a lawsuit of this nature might resolve successfully in favor of the plaintiff, it should
be noted that the plaintiff would be unable to assert any actual, real or provable damages
against the City. Judicial remedy would likely be restricted to injunctive relief against the
City compelling removal of the gates. Recourse for the City, in the face of such an
adverse verdict, could be as simple as requiring the homeowner's association to assume
ownership of the roads within the gated area.
An additional possibility, which would subject the City to greater liability than a taxpayer
right of action, is the potential for a plaintiff to file an action claiming impairment of his
or her constitutional rights under the 141h Amendment of the United States Constitution.
Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty
interest rights. In this instance, potential remedies are more significant. The initial prong
of a court's analysis would seek to determine whether or not a federal liberty interest has
been abridged by allowing placement of private gates on public roadways which restrict
public access. If such an interest is found to exist, the judicial standard of review would
be strict scrutiny. This is the highest form of judicial review and is only invoked by the
courts when a fundamental liberty interest, or some form of generally prohibited
discrimination, is at issue. Essentially, the City would be required to prove that allowing
gates on public roadways is the sole means by which it can accomplish an important and
necessary governmental objective. More often than not, ordinances are stricken as
unconstitutional under this standard of review.
Assuming that a fundamental liberty interest is not found to exist, a court would employ
the rational basis standard of review. Therein, an ordinance must permissibly and
reasonably set forth a means to accomplish an important governmental goal, and must not
be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the
courts in making these determinations is the rational basis test: Does the ordinance serve
some permissible, rational and logical need of the municipality? If the City could
sufficiently establish the necessity of private gates on public roadways under this analysis,
defense of the ordinance might be successful. This presupposes, however, that the
plaintiff is unable to mount a successful challenge on grounds of equal protection. The
standard employed by a court reviewing an ordinance alleged to violate the Equal
Protection Clause of the Constitution is strict scrutiny, as discussed above. In this
instance, a plaintiff would allege disparate treatment among the citizenry of Owasso
based on residence, and, by implication, wealth. Although wealth has not been
recognized as a protected class for purposes of equal protection, under strict scrutiny
review an equal protection challenge has some chance of success in the courts.
Traditionally, the courts have been protective of differing treatment by governmental
entities which is based either in fact or implication on the social status or wealth of
individuals.
Conclusion
There are no significant legal issues created by the City's decision to allow placement of
gates on private roadways. Presumably, any delay in response time by emergency
personnel due to malfunction of the gates falls within the doctrine of assumption of the
risk. However, an ordinance permitting private sub -division gates on public roadways is
highly likely to result in litigation if challenged by a citizen. The City would have no
legal precedent upon which to base its defense and would be compelled to successfully
establish that a fundamental liberty interest is not present and that the ordinance is not
violative of the Equal Protection Clause. Litigation of this type is likely to be protracted
and expensive, and the outcome is uncertain at best. Therefore, staff recommends that
any ordinance passed by the City Council allowing the placement of private gates
specifically restrict installation of gates to private roadways, or, alternatively, at least
refrain from expressly allowing placement of gates on public roadways. Additionally,
implementation of additional specific guidelines mandating design and operation
standards for the benefit of public service vehicles is recommended.
GENERAL RESEARCH:
Gated communities have broadly been classified into three groups (Blakely and Snyder,
1997). The first group includes retirement communities, golf communities, and country
club leisure developments where the gates provide security and separation for the leisure
activities within. Entire municipalities are being developed in places like Southern
California, Arizona, and Texas that fit within this first category.
The second type of gated community includes neighborhoods that are valued as markers of
distinction and status, though the neighborhoods lack the amenities of the first group. Like
the first group, these neighborhoods are developer -built, and primarily suburban. The
residents of these gated communities range from the rich and famous to the working class.
It appears that most gated communities that are developed in Owasso would fall into this
group.
The third category of gated community includes neighborhoods where trouble with crime or
traffic and fear of outsiders are the most common motivation for gates. In most examples of
these neighborhoods, residents, not developers, install gates and fences to their previously
open neighborhoods.
Benefits for the homebuyer
There exist different reasons for households to find gated communities desirable. A gated
development's reputation is often attractive for households seeking status. Privacy and
quiet isolation may be preferred. Traffic is not as heavy in a gated community as it would
be in a non -gated counterpart. The perception of crime is lower when a neighborhood has a
security gate; indeed, a poll conducted by the Community Associations Institute reported
that 70% of gated community residents believed their community was safer than
surrounding areas (Harris and Evans, 1999). Properties inside gated developments can offer
solid investments — a 2001 study on property values indicated that the expected sales price
for a 2,500 square feet home was 7.6% higher inside a gated neighborhood than a non -gated
neighborhood with a homeowners' association, and 25.9% higher than a non -gated
neighborhood without a homeowners' association (LaCour®Little and Malpezzi, 2001).
Benefits for the City -
The most compelling benefit for a municipality to allow gated communities is that a 1996
survey conducted by the National Association of Home Builders revealed that 47% of
homebuyers prefer a gated entrance (Harris and Evans, 1999). A city that allows
neighborhoods to have gated entrances may realize a significantly larger pool of prospective
homebuyers than a city that does not.
Drawbacks for the homebuyer -
Some Owasso residents have indicated a reluctance to support a security gate because of the
noise it would generate while in operation. Another drawback is the increased cost of
homeowners' association dues as a result of gate maintenance. Additionally, deliveries and
guests would be inconvenienced when visiting households within a gated community.
Postal service and other services would be at the discretion of the service providers, unless
the gates were open at the time the services are delivered.
Drawbacks for the City —
According to conversations with planning and development departments elsewhere, many
cities have policies that gated communities do not receive police patrols, resulting in an
increased number of speeding motorists and a subsequent increase in the risk of traffic
accidents. Those conversations also reported a delayed emergency response time for fire
fighting personnel because of the time necessary to open a gate.
Additionally, a pattern of gated communities could present a drawback for the City if
collector streets, roads that connect arterials, became gated. With gates across collectors,
traffic pressure would increase on the arterial system and detours, such as the current traffic
route through Ator Heights while North Garnett is being widened, might be less feasible.
Summary of general research
The findings of the staff s research indicate that gated communities can be a very divisive
issue. Many planners regard gates as part of a troubling trend to limit access to residential
and other areas, "representing a retreat from the public realm... a dramatic manifestation of
the fortress mentality growing in America," (Blakely and Snyder, 1997). The development
patterns established by gated neighborhoods are perceived as deleterious to the social fabric
by the entertainment industry, the media, social workers, and have even been the subject of
science fiction novels (Le Goix, 2003). An activist organization calling itself Heavy Trash
has even been formed that places viewing platforms near the entrances to gated
communities in Los Angeles so that passersby can look into the gated communities.
However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance
property values cannot be overlooked. The primary appeal of gated communities is their
promise of improved security (McGoey, 2005). Most gated neighborhoods share three
general points: 1) A homeowners' association. Existing associations require compliance
with covenants and deed restrictions before homeowners finalize their paperwork. If the
covenants are not already established, unanimous agreement is required. 2) A near
consensus among the residents that gating is desirable. 3) Usually, the neighborhood is
bordered by a natural or man-made boundary so that gating a few key access points will
provide adequate security.
Most homeowners like to feel a part of a community. They expend some effort to create or
seek out enclaves of compatible neighbors and amenable surroundings. Viewed as part of
this effort, gated communities can be seen as attempts to recreate the idealized small
American town where everyone knows and cares about each other.
The following findings from the staff share one basic characteristic — that provisions should
be developed allowing for gated neighborhoods. Taken together, the recommendations call
for gates to be allowed only on private, non -collector streets and under the guidelines of
specific criteria to be adopted by the City.
1. From Public Works: Gated entrances have no significant impact on our ability to
provide water, sewer, refuse collection and street/drainage maintenance services.
If used excessively, they could result in the dismembering of the City's residential
street network, overloading alternate routes. On the other hand, when used
appropriately, gates can provide an attractive amenity to our residents.
2. From Fire Department: The staff recommends that strict criteria be adopted for the
installation of gates into developments.
3. From Police Department: It is the recommendation of the staff that strict guidelines
be developed regarding emergency services access and that the streets and sidewalks
be privatized.
4. From City Attorney: The staff recommends that any ordinance passed by the City
Council allowing the placement of private gates specifically restrict installation of
gates to private roadways, or, alternatively, at least refrain from expressly allowing
placement of gates on public roadways. Additionally, implementation of additional
specific guidelines mandating design and operation standards for the benefit of
public service vehicles is recommended.
5. From Community Development: The staff recommends that the City of Owasso
create provisions that allow for the development of gated neighborhoods. Further,
the staff recommends that gated neighborhoods only be allowed on streets that do
not provide connections between arterials.
On January 17, 2006 the City Council conducted a public hearing to solicit citizen input
about gated communities. One citizen spoke to the council during this hearing, and that
citizen expressed a concern that neighborhoods behind gates become a target for criminal
activity such as vandalism.
Attached is proposed Ordinance No. 837 that would allow gates in Owasso subdivisions.
The ordinance was developed by the staff, using the above findings as its basis. Ordinance
No. 837 would allow gates only on private streets and would not allow gates on collector
roads.
Due to the potential absence of two City Council members, the staff is prepared to
recommend that this item be tabled until a future regular scheduled meeting date in order
to provide a forum wherein all City Councilors have an opportunity to address issues
relating to this matter.
ATTACHMENTS:
1.
Proposed ordinance
2.
Memorandum from Ana Stagg
3.
Memorandum from Bradd Clark
4.
Memorandum from Dan Yancey
5.
Memorandum from Julie Lombardi
6.
Memorandum from Eric Wiles
BLAKELY, E. J. & SNYDER, M. G. (1997). Fortress America, Gated Communities in the
United States. Washington D.C., Cambridge, M.A.: Brookings Institution Press & Lincoln
Institute of Land Policy.
HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the Real
Estate Center Journal, 1323 (July 1999), 50-52.
LaCOUR-LITTLE, M. & MALPEZZI, S. (2001). Gated Communities and Property
Values. A paper presented to the American Real Estate and Urban Economics Association.
LE GOIX, R. (2003). The Suburban Paradise or the Parceling of Cities? Los Angeles, CA,
UCLA International Institute.
McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc.
AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND DEVELOPMENT,
CHAPTER 2, ZONING REGULATIONS, OF THE CODE OF ORDINANCES OF THE
CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING MINIMUM
REQUIREMENTS FOR ACCESS GATES FOR GATED COMMUNITIES AND PLANNED
UNIT DEVELOPMENTS, AND PROVIDING FOR REGISTRATION AND INSPECTION
FEES.
THIS ORDINANCE AMENDS PART 12, CHAPTER 2, OF THE CITY OF OWASSO CODE
OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 12W
203.
BE r r BY THE COUNCIL OF THE CITY OF OWASSO, +r
THAT,
SECTION ONE (1)4 Part Twelve, :Planning, Zoning and Development, Chapter 2, Zoning
Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by
providing and codifying as follows:
SECTION ONE (1)
No public street shall be obstructed. Gated access will only be considered and
allowed for private streets in approved Planned Unit Developments, apartment
projects, or other subdivision plats approved by the City Council. Only local streets
that would not otherwise provide access to other neighborhoods will be considered
eligible for gates. No collector roads that would connect one arterial to another
arterial will be considered eligible for gates. All plats submitted with private streets
and gated access shall require the approval of the Planning Commission and the City
Council, The City of Owasso, prior to the issuance of any building permits, shall
approve streets and grading plans for the subdivision, and those plans shall show the
locations and details of all gates.
SECTION TWO (2)
Any gate shall be located a sufficient distance from a public street to allow two (2)
cars to line up at the gate so as to completely clear the right-of-way of the abutting
public street without interfering with vehicles utilizing the public street; the minimum
acceptable distance from the gate to the public street right-of-way shall be no less than
forty (40) feet. A turn around lane shall be provided for vehicles unable to enter the
gated development.
SECTION THREE (3)
Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on
gates shall also be prohibited.
SECTION FOUR (4)
Use of controlled access does not negate other City of Owasso ordinances.
SECTION FIVE (5)
A Homeowners' Association or a similar entity shall be established and the name,
addresses and emergency contact numbers provided to the Fire Department. The
Homeowners' Association shall be responsible for the following:
(a) Maintenance and repairs of the private streets and/or fire lanes, and to provide
the funds for such.
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying the Fire Department officers during annual inspection and
testing of the opening systems.
(d) Maintaining a service agreement with a qualified contractor to insure year
round maintenance.
SECTIONS (6)
The minimum gate opening width, including clearance for all improvements related to
the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and
an egress gates.
SECTION SEVEN (7)
A battery back-up system shall be provided for each gate. These batteries will be
trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners' Association.
An emergency release or hitch pin shall be installed on the control arm.
SECTION EIGHT (8)
This hitch pin, when removed, will detach the control arm from the gate and allow the
gate to swing open freely with manual intervention.
An emergency release shall be installed on the gate. This emergency release, when
removed, will detach the gate from the opening device and allow the gate to swing or
slide open freely with manual intervention.
SECTION NINE (9)
The gate shall be equipped with a "Click2Enter, Inc. public safety access system,
which utilizes the existing emergency service radios for rapid entry.
SECTION TEN (10)
All streets within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards ofthe City of
Owasso.
SECTION ELEVEN (11)
Should any problem occur in the operation of the gate or any violation of any section
of this ordinance, the gate shall remain open and accessible until the problem is
resolved and/or the gate is repaired and tested,
SECTION TWLEVE (12)
When a covered entry structure is requested, the minimum height shall be no less than
sixteen (16) feet. The width shall be no less than twenty (20) feet.
SECTION THIRTEEN (13)
In order to ensure unrestricted access for service providers such as school busses and
postal carriers, gates shall remain open between 7:00 AM and 7:00 PM.
SECTION FOURTEEN (14)
Any developer, Homeowners' Association, or other responsible property owners
proposing any gated community must provide the City of Owasso (including Fire,
Police, Public Works, and Community Development) access assurance prior to
installation of any approved gate. The access shall be provided by an casement to be
dedicated to the City of Owasso in the deed of dedication of the plat for utilities and
essential City services in the streets and common areas as designated on the
subdivision plat.
SECTION FIFTEEN (15)
The developer, Homeowners' Association, or other responsible property owners shall
provide for annual inspection of each gate to insure that each gate is tested to meet all
of the construction requirements prior to it being approved for operation or continued
operation at any point the gate fails to meet the standards. The verification of the
access agreement and a copy of the latest inspection form will be kept on file with the
City of Owasso City Clerk including the contractor's name, address, and 24-hour-a-
day telephone number(s). The developer, homeowner's representative, or responsible
property owner's name, address, and telephone number shall be a minimum
requirement for approval of the annual inspection of the gate.
SECTION SIXTEEN (16): Repealer
All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to
the extent of the conflict only.
SECTION SEVENTEEN (17): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining
portion shall not be affected but remain in full force and effect.
SECTION EIGHTEEN (18): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date
of final passage as provided by state law.
SECTION NINETEEN (19): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new
ordinance to be codified in Part 12, Chapter 2, as section 2-203.
MASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2006.
Mayor
City Clerk
APPROVED as to form and legality this __. day of m , 2006
City Attorney
4
C
TO: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOVt
FROM:
PUBLICi DIRECTOR
i H CRI 13 04,71.1
DATE: October 27, 2005
BACKGROUND:
The following presents a summary discussion of gated communities and their impact on our
ability to provide service. This memorandum is not intended to argue whether gated
communities provide social benefits but rather to outline the direct effects of gated residential
entrances on our ability to provide water, sewer and refuse collection and infrastructure
maintenance services.
Similarly, per your memorandum dated October 17, 2005, research conducted by your staff
revealed that our surrounding communities allow for the installation of gated entrances to
residential development only where streets are private. This memorandum is not intended to
discuss the legality of gates on public streets but rather the impact such requirement would have
on our ability and obligation to provide service.
WATER AND SEWER SERVICE:
Whether gated or not, the city is obligated to provide water and sewer service to customers
located within the service area. The presence of a gate, which is kept open during business
hours, would have little or no impact on our ability to provide regular services. Furthermore,
because suspension of service would not result on an immediate loss of life, the City may opt to
delay response to after-hours calls when gates prohibit entrance to the residential area. Thus,
staff anticipates little or no effect of the gate on the City's ability to provide quality water and/or
sewer service.
Similarly, whether the streets remain public or become private has no bearing on water and
sewer infrastructure which — regulated by Oklahoma Department of Environmental Quality —
must remain public.
REFUSE COLLECTION:
The presence of a "properly -sized" gate — which remains open during business hours — would
have no impact on our ability to provide service. A potentially problematic effect of gates would
be its width, which if improperly sized could restrict entrance of refuse vehicles to the
subdivision. This can be easily overcome by specifying minimum clearances at residential
Impact of Gated Communities on
Public Works Department Services
Page 2 of 2
entrances in the City's design criteria. Finally, whether the streets are private or public would
have no impact on our ability to provide quality refuse collection service.
STREETS AND DRAINAGE:
Again, the presence of a gate itself has minimal impact or no impact on our ability to provide
maintenance to the City's streets and stormwater infrastructure. Of significant importance to this
discussion, however, is whether the streets are private or public. In past, when streets are
private, City staff has had no involvement in the design, construction and/or maintenance of the
infrastructure.
It is worth noting that although an advantage of private streets should be the release from
maintenance obligations related to the infrastructure, recent history has proven different. In the
1990's, the Three Lakes Village streets were constructed as private infrastructure, exempt from
City requirements. Unfortunately, not only was the street too narrow to allow for safe traffic, but
also its foundation was too shallow to withstand normal residential traffic. Resultantly, the City
— after numerous petitions by the area residents — has agreed to accept the streets after the effect
and invest nearly $250,000 in their reconstruction. To prevent the reoccurrence of this problem,
it would be advantageous to require that private street infrastructure servicing a residential
neighborhood meet minimum City standards.
Gates may result in a reduction of traffic volumes on the gated passageway because it eliminates
through traffic. Resultantly, traffic volumes on alternate through routes should be expected to
increase. If the gated passageway is private, the increased traffic volumes on alternate public
routes would result in higher maintenance costs for the City. Conversely, maintenance savings
resulting from a decrease in through traffic in gated communities would be enjoyed by the
resident owners.
Finally, gated throughways would render the passage worthless to all but those able to operate
the gate — when the gate is closed. In other words, only those that can open the gate are provided
with unrestricted access to the passageway. Thus, the excessive use of gates could result in
disruption of contiguous residential street networks, rendering the system useless and
overloading arterial streets.
RECOMMENDATION:
Na
Gated entrances have no significant impact on our ability to provide water, sewer, refuse
collection and street/drainage maintenance services. If used excessively, they could result in the
dismembering of the City's residential street network, overloading alternate routes. On the other
hand, when used appropriately, gates can provide an attractive amenity to our residents.
Further research is needed to determine the legal ramifications of gates on public roads. If legal,
it is recommended that such amenity — gates on public streets — be investigated as a competitive
advantage.
TO: RODNEY J. RAY
DATE: October 31, 200017
City Staff has researched the issue of entry/access-controlled gating of housing additions,
and making recommendations addressing these gates within the City of Owasso. The
concept of gated communities is not new, as more and more citizens develop these
housing additions in the interest of affluence or perceived security and safety. This
response will narrowly address issues and concerns realized when approving requests for
entry/access-controlled gates, not where and why gates benefit homeowners.
The idea of installing entry/access-controlling gates is not new, but remains in conflict
with the primal goal of the emergency responders from both the police and fire
departments: a rapid and safe response to provide the earliest possible arrival and
intervention.
In the interest of a rapid response, state laws, city ordinances and departmental operating
procedures address the safe and rapid response to emergencies throughout our response
area. Bstorical and scientific data demonstrate the many benefits of arriving as quickly
and safely as possible, whether the emergency involves fire, violence, or medical or
traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied
structure or an event involving violence, any delay to a rapid and safe response can, and
most often does, affect the successful outcome of the emergency.
The Owasso Fire Department does recognize, however, the customer -centered obligation
to adapt our emergency response goals to homeowner desires for entry/access-controlled
gates. Realizing this, our strongest recommendation is to create and implement design
criteria for the initiation of a gated community.
In an effort to minimize the barrier/delayed- time effect, many gated communities have
installed gates that are sensitive to audible sirens, strobe light sequences, or standardized
keys utilized throughout the City by the emergency responders. Although each
methodology bears some merit, there is no one best way to breach a closed gate and
continue a rapid response consistent with a non -gated street.
The development of an ordinance addressing the design criteria should contain language
addressing the following:
1. The requirement that all plats submitted with gated access require the approval of
the Planning Commission and the City Council. Prior to the issuance of any
building permits, the City Engineer, the Fire Marshal, and the Building Official
shall approve a detailed Site Plan for gated access areas.
2. The requirement that any gate shall be located a sufficient distance from a public
street to allow three (3) cars to line up at the gate to clear completely the right-of-
way of the abutting public street without interfering with vehicles utilizing the
public street. The minimum acceptable distance from the gate to the public street
right-of-way shall be no less than sixty -feet (60'). A turn around lane is required
for vehicles unable to enter the gated development.
3. The prohibition of road spikes, barbs, or other tire damaging devices and spikes
installed on gates.
4. The requirement for compliance of all engineering requirements adopted as City
standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access
developments.
5. The requirement for the formation of a Homeowners' Association, or similar
entity, and for the names, addresses and emergency contact numbers of the
Association be provided to the Fire Department. The Homeowners' Association
shall be responsible for the following:
(a) Maintenance and repairs of all streets and/or fire lanes (if remaining
private).
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying Fire Department officers during annual inspection and
testing of the gate opening systems.
(d) Maintaining a service agreement with a qualified contractor to insure year-
round maintenance.
6. The requirement that the minimum gate opening width, including clearance for all
improvements related to the gate, be not less than twenty (20) feet wide per lane if
there is to be ingress and an egress gates.
7. The requirement for the installation of an emergency release or hitch pins on the
control arm. This hitch pin, when removed, will detach the control arm from the
gate and allow the gate to swing open freely with manual intervention.
8. The requirement for a battery back-up system for each gate. These batteries will
be trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners'
Association.
9. The requirement for the gate to be equipped with a rapid entry key lock box,
located at or near the main entrance to the property. The Fire Marshal shall
approve the specific type of lock box and mounting location. (Alternative: some
technological equivalent including light or noise activated opening).
10. The requirement for the location of all rapid entry key lock boxes, hitch pins,
related equipment, operation of gate, signage, opening design, swinging or sliding
operation of the gate or any other design specification be constructed and installed
in accordance with the approved plans.
11. The requirement for the minimum paving width for all lanes entering and exiting
the development at the gated entry is at least twenty (20) feet in width. All streets
within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards of the
City. Should parking along the street be requested by the developer, appropriate
signage shall be provided and the minimum width of the roadway shall be twenty-
six (26) feet.
12. The requirement that when any problems occur in the operation of the gate or any
violation of any section of this ordinance, the gate remain open and accessible
until the problem is resolved and/or the gate is service tested.
13. The requirement that proposed covered entry structures meet the minimum height
of no less than thirteen (13) feet. The width shall be no less than twenty (20) feet.
14. The requirement that any developer, Homeowners' Association, or other
responsible property owners proposing any gated community provide the City of
Owasso access assurance prior to installation of any approved gate. The access
shall be provided by an easement to be dedicated to the City in the deed of
dedication of the plat for utilities and essential City services in the streets and
common areas as designated on the subdivision plat.
15. The requirement that the developer, Homeowners' Association, or other
responsible property owners provide for annual inspection of each gate to insure
each gate is tested to meet all of the construction requirements prior to it being
approved for operation or continued operation at any point the gate fails to meet
the standards. The requirement that verification of the access agreement and a
copy of the latest inspection form on file with the City Clerk and the Fire Marshal
including the contractor's name, address, and 24-hour-a-day telephone number(s).
The developer, homeowner's representative, or responsible property owner's
name, address, and telephone number shall be a minimum requirement for
approval of the annual inspection of the gate.
16. A requirement for a registration fee consistent with the latest City Council
approved fee schedule paid to the City for plan review and inspection fees of all
proposed gated communities.
Additional considerations may be included in the design criteria or ordinance for the
approval of gated communities. Among these considerations are:
® strobe light -triggered opener systems
® required residential fire sprinkler systems in the houses within the gated
community
• required cardiac defibrillators accessible in central or duplicate locations within
the gated community
® required intrusion alarms in the houses within the gated community
® required looped residential telephone lines to the gate so that when dialing 911
from a house within the gated community, the gate automatically opens
® requirements for gates installed at apartment complexes or commercial facilities.
Other considerations may arise with more discussion and research ensuring the safety and
security of the citizens behind the gate, while affording the emergency responders a time -
sensitive response into the controlled area.
TO: RODNEY RAY
CITY MANAGER
'1 1
["I I ! ' 1 •
i 1 1
DATE: October 25, 2005
BACKGROUND:
Gated Communities are generally defined as residential areas with restricted access that
makes public spaces private. Access is controlled by physical barriers, walled or fences
perimeters, and gated or guarded entrances. Gated communities in most cases prevent
public access to roads, sidewalks, parks, playgrounds that would have normally been
accessible to the general public. Some of the first gated communities in mass markets
were offered in the 1960's and mainly revolved around retirement developments.
Currently within the Owasso city limits two developments exist that are considered to be
gated communities, one being southern portion of Southern Links Addition and second
being Watercolors located in the Coffee Creek Addition. Both of these developments
allow access to the general public during the daytime hours. Pros and cons exist for both
the residents of the developments and services with respect to gated communities.
This memo will focus on the pros and cons to gated communities but mainly the cons law
enforcement faced in servicing these types of communities.
PROS:
The staff has identified at least five (5) areas that may provide benefit to law enforcement
with regards to gated communities;
Higher sense of security -often residents in gated communities feel a higher sense
of security with the enclosure of walls and fencing. The level of security also
depends on several factors to include; manned gates, patrolling security and type
of access.
® Private gated communities help defer services to other areas -meaning
resources normally expended on patrolling streets, providing maintenance can be
directed elsewhere.
Private and Public gated communities possibly provide a greater economic
benefit(as a selling paint) to the city which may translate into more tax
dollars ®whether private or public gated communities exist in the community both
offer, in most cases, better property values as opposed to those property that are
no enclosed and provides incentives to those who generally have more disposable
income.
® Higher probability in the apprehension of criminal activity from outsiders —
in most cases persons that do not reside within the private gated community are
easily identified as being foreign to the area.
® Appreciation of property values- In most cases the value of the property
contained within these communities appreciate more in value as compared to
homes outside however this may greatly depend on whether the infrastructure is
maintained privately or using tax payer's dollars.
CONS:
The staff has also identified at least five (5) areas that may be disadvantages to law
enforcement with regards to gated communities;
® Emergency access to gated communities -several methods are used to access
gates leading into gated communities to include; key entry, keyless touch pad,
manned security, siren activation, radio frequency activation and lighting
activation and as in most cases they may prove to be dependable but not fail safe.
Key entry in most cases is dependable however logistically it is very difficult for
emergency services to maintain the key system, especially when multiple
communities exist within the jurisdiction as well as it can be time consuming
when trying to gain access. Keyless touch pads are somewhat difficult for police
to manage and are extremely volatile to anyone having the entry code. Manned
gates are, in most cases, more reliable but in many cases cost prohibited. Siren
activation, siren activation and radio frequency are all acceptable to being
duplicated, warning suspects to your arrival and are all acceptable to failure.
® Private vs. Public property- depending upon the classification of the property in
question dictates how the police respond. One example would be if the streets
remain public then police have no ability to remove a person that would normally
be considered a trespasser on private property. The opposite of that would be if
the streets were private very little traffic enforcement could result, exceptions do
apply. Many other examples can be cited.
• Segregation -Although not conclusive, research suggest that gated communities
strengthen the idea of segregation in a community therefore posing a risk to
strong cohesive relationship between the rich and poor in essences creating social
divide in the community.
® Crime perception vsa reality -perception is that crime is lower in gated
communities when in reality statistics show little difference partially in that most
people that can afford to live within gated communities can reside in
neighborhoods that have very little crime anyway.
® Crime in most cases is close to home- statistics show that most property and
person crimes are perpetrator by persons that either live close to victim or know
the victim.
COMMENTS:
While conducting research on the issue of gated communities the staff found at least two
(2) court cases that may prevent governments from; one restricting access to public
streets and sidewalks, and two if developments are allowed to privatize streets and
sidewalks how a clear delineation from public to private will be made.
RECOMMENDATION:
It is the recommendation of the staff that strict guidelines be developed regarding
emergency services access and that the streets and sidewalks be privatized.
From: Julie Trout Lombardi
Date: 11/01/05
RE: Legal Issues Presented by Potential Enaction of an Ordinance Allowing Gated
Community Neighborhoods
Introduction
The staff has been requested to research the legal issues surrounding implementation of
an ordinance authorizing gated sub -divisions within the Owasso community. While
numerous benefits and drawbacks may be presented by both those advocating and
opposing gated communities, the focus of this memo addresses potential legal issues and
liabilities the City might incur if an ordinance regulating gated communities, either on
private or public roads, were to be adopted by the City Council.
It should be noted at the outset that staff has been unable to locate a municipality within
Oklahoma, or any other state, that has statutorily authorized and allowed gated
communities on public roadways. Conversely, numerous cities have adopted ordinances
regulating all aspects of design, operation and function for gates placed on private roads.
As a result, it is well settled at this juncture that municipalities are soundly within their
discretion to allow placement of gates within sub -divisions wherein the roads are wholly
owned by the sub -division's homeowners. In stark contrast, however, there is a complete
void of legal authority establishing precedent for a municipality's ability to allow
placement of gates on public roadways.
Litigation Potential
An informal poll of city attorneys from several municipalities revealed a unanimous
belief that tolerance or blessing of private gates on public streets by a municipality would
imminently result in litigation. As noted above, research of both federal and state
appellate decisions revealed no authority whatsoever which is supportive of a city's right
to allow gates on public roadways. However, it should be noted that while staff strongly
anticipated finding settled authority prohibiting the same, such was not the case.
Although the courts have spoken to ancillary and related issues on various occasions
[lack of right to privatize surrounding streets, I-icks v. Commonwealth of Virginia, VA.
Ct. App. (2004); lack of right to restrict a 66traditional public forum" United States v.
Kokinda, 110 S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to
authorize gating of public streets has not been addressed. In Kokinda, the United States
Supreme Court made clear that the public's use of public properties which are considered
traditional public forums, such as streets or sidewalks that are being used for lawful
purposes, will be allowed significant constitutional protection, and statutory attempts to
encroach upon the public's use are subject to intense judicial scrutiny.
Absent an absolute on -point ruling from the judiciary, staff has attempted to make
application of the traditional legal analyses utilized by the courts in similar types of cases.
The initial consideration requires a preliminary determination regarding the type, nature
and extent of liability potentially incurred by the City if an ordinance authorizing public
road gating were adopted. One possibility would be a private right of action asserted by a
taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been
utilized solely to benefit private parties rather than to benefit the public as a whole.
While a lawsuit of this nature might resolve successfully in favor of the plaintiff, it
should be noted that the plaintiff would be unable to assert any actual, real or provable
damages against the City. Judicial remedy would likely be restricted to injunctive relief
against the City compelling removal of the gates. Recourse for the City, in the face of
such an adverse verdict, could be as simple as requiring the homeowner's association to
assume ownership of the roads within the gated area.
An additional possibility, which would subject the City to greater liability than a taxpayer
right of action, is the potential for a plaintiff to file an action claiming impairment of his
or her constitutional rights under the 14a` Amendment of the United States Constitution.
Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty
interest rights. In this instance, potential remedies are more significant. The initial prong
of a court's analysis would seek to determine whether or not a federal liberty interest has
been abridged by allowing placement of private gates on public roadways which restrict
public access. If such an interest is found to exist, the judicial standard of review would
be strict scrutiny. This is the highest form of judicial review and is only invoked by the
courts when a fundamental liberty interest, or some form of generally prohibited
discrimination, is at issue. Essentially, the City would be required to prove that allowing
gates on public roadways is the sole means by which it can accomplish an important and
necessary governmental objective. More often than not, ordinances are stricken as
unconstitutional under this standard of review.
Assuming that a fundamental liberty interest is not found to exist, a court would employ
the rational basis standard of review. Therein, an ordinance must permissibly and
reasonably set forth a means to accomplish an important governmental goal, and must not
be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the
courts in making these determinations is the rational basis test: Does the ordinance serve
some permissible, rational and logical need of the municipality? If the City could
sufficiently establish the necessity of private gates on public roadways under this
analysis, defense of the ordinance might be successful. This presupposes, however, that
the plaintiff is unable to mount a successful challenge on grounds of equal protection.
The standard employed by a court reviewing an ordinance alleged to violate the Equal
Protection Clause of the Constitution is strict scrutiny, as discussed above. In this
instance, a plaintiff would allege disparate treatment among the citizenry of Owasso
based on residence, and, by implication, wealth. Although wealth has not been
recognized as a protected class for purposes of equal protection, under strict scrutiny
review an equal protection challenge has some chance of success in the courts.
Traditionally, the courts have been protective of differing treatment by governmental
entities which is based either in fact or implication on the social status or wealth of
individuals.
Conclusion
There are no significant legal issues created by the City's decision to allow placement of
gates on private roadways. Presumably, any delay in response time by emergency
personnel due to malfunction of the gates falls within the doctrine of assumption of the
risk. However, an ordinance permitting private sub -division gates on public roadways is
highly likely to result in litigation if challenged by a citizen. The City would have no
legal precedent upon which to base its defense and would be compelled to successfully
establish that a fundamental liberty interest is not present and that the ordinance is not
violative of the Equal Protection Clause. Litigation of this type is likely to be protracted
and expensive, and the outcome is uncertain at best. Therefore, staff recommends that
any ordinance passed by the City Council allowing the placement of private gates
specifically restrict installation of gates to private roadways, or, alternatively, at least
refrain from expressly allowing placement of gates on public roadways. Additionally,
implementation of additional specific guidelines mandating design and operation
standards for the benefit of public service vehicles is recommended.
TO: RODNEYJRAY
CffY MANAGER
FROM: ERIC WILES
COMMITWY DEVELOPMENT DUZECTOR
131.0110111 f I 00tti- 4-
DATE: October 17, 2005
The staff has been requested to perform research into the issue of gated communities and to present a
recommendation based upon the findings of that research. Currently, there are more than 50,000 gated
communities in the U.S. with more being built every year. About 6% of the country's population lives
inside gated communities, totaling seven million households (Census Bureau, 2001).
Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997). The
first group includes retirement communities, golf communities, and country club leisure developments
where the gates provide security and separation for the leisure activities within. Entire municipalities
are being developed in places like Southern California, Arizona, and Texas that fit within this first
category.
The second type of gated community includes neighborhoods that are valued as markers of distinction
and status, though the neighborhoods lack the amenities of the first group. Like the first group, these
neighborhoods are developer -built, and primarily suburban. The residents of these gated communities
range from the rich and famous to the working class. It appears that most gated communities that are
developed in Owasso would fall into this group.
fear of outsiders are the most common motivation for gates, In most examples of these
neighborhoods, residents, not developers, install gates and fences to their previously open
neighborhoods.
For the homebuyer -
There exist different reasons for households to find gated communities desirable. A gated
development's reputation is often attractive for households seeking status. Privacy and quiet isolation
may be preferred. Traffic is not as heavy in a gated community as it would be in a non -gated
counterpart. The perception of crime is lower when a neighborhood has a security gate; indeed, a poll
conducted by the Community Associations Institute reported that 70% of gated community residents
believed their community was safer than surrounding areas (Harris and Evans, 1999). Properties inside
gated developments can offer solid investments — a 2001 study on property values indicated that the
expected sales price for a 2,500 square feet home was 7.61/o higher inside a gated neighborhood than a
non -gated neighborhood with a homeowners' association, and 25.9% higher than a non -gated
neighborhood without a homeowners' association (LaCour-Little and Malpezzi, 2001).
For the City -
The most compelling benefit for a municipality to allow gated communities is that a 1996 survey
conducted by the National Association of Home Builders revealed that 47% of homebuyers prefer a
gated entrance (Harris and Evans, 1999). A city that allows neighborhoods to have gated entrances
may realize a significantly larger pool of prospective homebuyers than a city that does not.
Drawbacks for the homebuyer -
Owasso residents in Fairways V have reported a reluctance to support a security gate because of the
noise it would generate while in operation. Another drawback is the increased cost of homeowners'
association dues as a result of gate maintenance. Additionally, deliveries and guests would be
inconvenienced when visiting households within a gated community. Postal service and other services
would be at the discretion of the service providers, unless the gates were open at the time the services
are delivered.
Drawbacks for the City —
According to conversations with planning and development departments elsewhere, many cities have
policies that gated communities do not receive police patrols, resulting in an increased number of
speeding motorists and a subsequent increase in the risk of traffic accidents. Those conversations also
reported a delayed emergency response time for fire fighting personnel because of the time necessary to
open a gate.
Additionally, a pattern of gated communities could present a drawback for the City if collector streets,
roads that connect arterials, became gated. With gates across collectors, traffic pressure would
increase on the arterial system and detours, such as the current traffic route through Ator Heights while
North Garnett is being widened, might be less feasible.
Almost every piece of literature researched by the staff indicated that any gated street must be made
private prior to the installation of a gate. The staff has confirmed that Broken Arrow, Edmond, Jenks,
Oklahoma City, Sand Springs, Stillwater, and Tulsa require that gated neighborhoods have private
streets. A 1999 article in Rorrrebt ying magazine stated that the city of Arlington, TX allows
developments with public streets to be gated, but when the staff contacted the planting department of
Arlington the response was no, gates must be on private streets. Also, the staff has a copy of a court
case that cites a ruling from a federal case that says, "While a public entity can restrict the use of public
property or buildings to those who are using the property for its intended `non-public' purpose, such as
an office building, it cannot restrict public property that is considered a `traditional public forum,' such
as a street or sidewalk, that is being used in a lawful way and for a lawful purpose that is
constitutionally protected. See United States v. Kokinda, 497 U.S. 720, 727 (1990).
The staff has been unable to locate any statute or court case that allows gates on public streets
SUMMARY OF RESEARCH.
The findings of the staff s research indicate that gated communities can be a very divisive issue. Many
planners regard gates as part of a troubling trend to limit access to residential and other areas,
"representing a retreat from the public realm... a dramatic manifestation of the fortress mentality
growing in America," (Blakely and Snyder, 1997). The development patterns established by gated
neighborhoods are perceived as deleterious to the social fabric by the entertainment industry, the
media, social workers, and have even been the subject of science fiction novels (Le Goix, 2003). An
activist organization calling itself Heavy Trash has even been formed that places viewing platforms near
the entrances to gated communities in Los Angeles so that passersby can look into the gated
communities.
However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance property
values cannot be overlooked. The primary appeal of gated communities is their promise of improved
security (McGoey, 2005). Most gated neighborhoods share three general points: 1) A homeowners'
association. Existing associations require compliance with covenants and deed restrictions before
homeowners finalize their paperwork. If the covenants are not already established, unanimous
agreement is required. 2) A near consensus among the residents that gating is desirable. 3) Usually,
the neighborhood is bordered by a natural or man-made boundary so that gating a few key access
points will provide adequate security.
Most homeowners like to feel a part of a community. They expend some effort to create or seek out
enclaves of compatible neighbors and amenable surroundings. `hewed as part of this effort, gated
communities can be seen as attempts to recreate the idealized small American town where everyone
knows and cares about each other.
91 1AN, Xn
The staff recommends that the City of Owasso create provisions that allow for the development of
gated neighborhoods. Further, the staff recommends that gated neighborhoods be only allowed on
private streets that do not provide connections between arterials.
3FortressAmerica,.. in the United
WashingtonCambridge, x.: Brookings Institution
HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra (Mande, the Peal Estate Center
Journal, 1323 (July 1999), 50-52.
LaCOUR-LITTLE, M. & MALPEZZI, S. (2001). Gated Communities and Property Values. A paper
presented to the American Real Estate and Urban Economics Association.
LE GOM R. (2003). The Suburban Paradise or the Parceling of Cities? Los Angeles, CA, UCLA
International Institute.
McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc.
ILI10104077_ ►�`11111►�1
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
DATE: March 1, 2006
BACKGROUND:
In March of 2005, the Oklahoma Department of Homeland Security (ODHS) announced
the availability of funds for the purpose of Target Hardening. Target Hardening is a basic
tool providing for safety and security. During the same month, the department made
application through ODHS in order to improve security within the Police Department and
City Hall. In the application, staff focused on five main areas: improve and increase
monitoring through video surveillance, increase the number of doors with computer
access control, increase recording capability, develop a new generation employee
identification card system, and install bulletproof glass in the communication center.
On January 5, 2006, the department received official notification from the Oklahoma
Department of Homeland Security that it had been successful on its application
requesting $56,750 in grant funds. The department immediately began the process of
requesting bids from local vendors.
SOLICITATION OF BIDS:
A Notice to Bidders was issued in February 2006 for bid opening to occur on February
21, 2006. On February 21, 2006, five (5) bids were received and publicly opened as
required. The lowest bid was submitted by RGR Security Solutions, LLC in the amount
of $37,900.00.
FUNDING:
Sufficient funding for this request is available and derived from a grant awarded by the
Department of Homeland Security.
COMMEDATION:
Staff recommends the award of the Security Camera System Project to RGR Security
Solutions, LLC of Tulsa, Oklahoma in the amount of $37,900.00.
ATTACHMENT:
1. Bid Proposals
BID PROPOSAL - SUBMITTAL PAGE
CLOSED CIRCUIT MONITORING SYSTEM
AT THE OWASSO CITY HALL/POLICE STATION
TOTAL BID PER SPECIFICATIONS 5 �;243
I hereby acknowledge that I have read the specifications and that I am legally bound by the
statements on the Bid Proposal v Submittal Page.
ATYP- t eGuri t {i'PT'Vl !"Ps PiC' T
Company 1
ignature
Senior Sales Representative
Title
9410-®A East 51 st Street
Address
Tulsa, Oklahoma, 74145
(918) 665-0065
Phone
6. 2 0 0 6: 10 : 1) 0 AMI! "27771,.D 1 "01 D TN/' AIPBUGInOSSCenter
Ong WORM
* - 11 It 1 51 6 IV 0 If 9
Cc.
TOTAL BW UR SPECIFICATIONS s—
W,528 P 5 74/O 18
I hereby acknowledge that I have read -the specifications and that I am legally bound by tha
staTements on the Bid Proposed - Submittal Page.
Diebold, Incorporated
Company,
, , �hza-,oj I.
=12
Senior Vice President
Title
1705 Walnut Avenue
Address
Broken Arrow, OK 74014
Bill Andrews: 918-251-1203
Phone 74 t-ck)
* Signature is subject to Diebold's response and to our terms and conditions.
BID PROPOSAL - SUBMITTAL PAGE
CLOSED CIRCUIT MONITORING SYSTEM
AT THE OWASSO CITY HALL/POLICE STATION
TOTAL DID PER SPECIFICATIONS $ 3 7, 900,00
I hereby acknowledge that I have read the specifications and that I am legally bound by the
statements on the Bid Proposal - Submittal Page.
V - z �
Title
Phone
l _V 10111
�, � 1, .' !- ♦, r i �. .. /' _ ., �; • , � :/ t � .
BID PROPOSAL - SUBMITTAL PAGE
CLOSED CIRCUIT MONITORING SYSTEM
AT THE OWASSO CITY HALL/POLICE STATION
I hereby acknowledge that I have read the specifications and that I am legally bound by the
statements on the Bid Proposal - Submittal Page.
C,
TOTAL RADIO, INC.
Compan
' tud
K gn ;,- ture
MANAGER
Title
3158 S. 108TH EAST AVE.
Address
(918) 663-0172
Phone
02:111612006 : 42 T1,19E, TIJL':)A 4 TV&D OKC NO.100 P02
BID P&OM-SATI. - SUBMITTAL PAGE
CLOSED CIRCLUT MUNUORING SYSTEM
AT THE OWASSO CITY HALUPOLICE STATION
I hereby acknowledge that I have read the specifications and that I am legally bound by the
statements on the Bid Proposal - Submittal Page.
Phone
11IU[�
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: RIGHT OF WAY AQUISTION FOR THE 106 TA STREET NORTi
WATERLINE
DATE MARCH 7, 2006
BACKGROUND:
The City staff is currently involved in acquisition of right-of-way for easements on a two
mile portion of E. 106th Street N. from Sheridan to Mingo for installation of a water
transmission line. The transmission line will connect the City's water system with the
City of Tulsa's new connection point to be located at 106th Street and Sheridan. As a part
of those acquisitions, negotiations for the purchase of 675 square feet of permanent and
450 square feet of temporary easement from A. F. Guy have resulted in a contract. The
total purchase price for this property is reflective of the number of square feet needed for
both the permanent and temporary easements and the price per square foot as determined
in the Appraisal Report submitted by Story & Associates.
Negotiations are in still in process with the one remaining parcel owner, and it is
anticipated that an agreement will be reached with this parcel owner. Negotiations were
delayed by the necessity of obtaining a revised legal description in an effort by staff to
avoid destruction of the landowner's large pecan trees which have been on the family
property for a number of years. A revised legal description has been obtained, and a new
contract has been presented to the parcel owner.
Two parcels are currently in condemnation proceedings, and contracts have been
negotiated, accepted and signed by twelve parcel owners. The necessary easements will
be donated by the remaining one parcel owner.
1. A. F. Guy - $443.00
17 U.'_'_
This request is for City Council approval of the attached contract for the purchase of an
interest in real property, authorization for the Mayor to execute such contract, and
authorization for payment to be made. The proposed contract is attached for your review.
RECOMMENDATION
Staff recommends that the City Council approve 1) the contract for the purchase of
permanent and temporary easements, 2) City Council authorization for the Mayor to
execute the Contract, and 3) authorization for payment of the purchase price.
ATTACHMENTS
A. Contract -A. F. Guy
THIS AGREEMENT, by and between the A.F. Guy, hereinafter referred to as Seller,
and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as
City.
WITNESSTH
That for and in consideration of the sum of $ 443.00 to be paid by the City to the
order of Seller, as hereinafter provided, the parties have agreed as follows:
1. SALE. Seller will sell, transfer and convey to the City, by good and sufficient
Conveyance of Perpetual Easement, a perpetual easement for the exclusive use and
enjoyment to the public, in the following described real property in Owasso, Tulsa
County, State of Oklahoma, to -wit:
See Exhibit "A"
2. CLOSING° At the time set for closing, Seller shall execute, acknowledge and
deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying
to the City a perpetual easement in said property.
IN WITNESS WHEREOF,, the parties have executed this Contract at Owasso,
Oklahoma, this day of , 20
SELLER:
A.F. Guy
Craig Thoendel9 Mayor
EXHIBIT A
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS APART OF THE
SOUTHWEST QUARTER (SW/4) OF SECTION ELEVEN (11), TOWNSHIP
TWENTY-ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID 15.00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SW/4; THENCE
SOUTH 89"06'37" WEST ALONG THE SOUTH LINE OF SAID SW/4 FOR 843.18
FEET; THENCE NORTH 1 °25'19" WEST FOR 50.00 FEET TO THE POINT OF
BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND; THENCE SOUTH
89006'37" WEST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 45.00
FEET; THENCE NORTH 1 °25'19" WEST FOR 15.00 FEET; THENCE NORTH
89006'37" EAST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 45.00
FEET; THENCE SOUTH 1°25'19" EAST FOR 15.00 FEET TO THE POINT OF
BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND. (CONTAINING 0.015
ACRES OR 675 SQ. FT., MORE OR LESS.)
2
611
OWNER: A.F. GUY JOB 106TH STREET NORTH WATERLINE COUNT' TULSA
FAIR MARKET VALUE offer of parcel(s) to be purchased:
443.00
FAIR MARKET VALUE offer of parcel(s) to be purchased:
$443.00 of which $0 is damage to property not purchased.
Documents detailing the location of the parcel(s) and the interest(s) to be purchased in land:
See Exhibit "A"
The following buildings/improvements which are located on the parcel(s) to be purchased
include:
Any and all items considered to be fixtures located in the building/improvements are to be
purchased unless otherwise noted on this statement. No personal property is to be purchased.
DO NOT HESITATE TO CONTACT YOUR ACQUISITION AGANIN THE N
YOU NEED ANY CLARIFICATIONAS TO WHAT IS AND IS NOT SPECIFICALLY
BEING ' ' 1,
The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
A.F. GUY, the undersigned, being the sole owner of all legal and equitable interests in
the following described property:
See Attached Exhibit "A"
DOES HEREBY GRANT, BARGAIN, SELL, AND CONVEY TO THE PUBLIC, a
perpetual easement, for the exclusive use and enjoyment of the Public, to constrict,
locate, maintain, operate, repair and replace thereon a waterline together with right of
way appurtenant thereto as well as all equipment, facilities, and improvements
convenient, incident and/or necessary to enjoyment by the Public of said public road,
including, but not limited to, the construction, location, maintenance, operation, repair
and replacement of public utilities, across, in, on, over, and through the described portion
as set forth in Exhibits A.
TO HAVE AND HOLD said perpetual easement unto said Public forever.
SIGNED AND DELIVERED this y:, = day of x20
A.F. Guy
State of Oklahoma )
County of Tulsa )
Before me, the undersigned, a Notary Public in and for the State of Oklahoma,
personally appeared A.F. Guy, known to me to be such person, who on the day of
20_, executed and acknowledged the foregoing Conveyance of Perpetual
Easement for the uses and purposes therein stated.
My. Commission Number:
.............
. 1 Notary Public
rmnissiolA Expirsq:
?
ubiic in and fur
c'
+ mission 0 i'horria
Com
02GD9752 Expires Gl--
ACCEPTANCE
Accepted by the City of Owasso, Oklahoma, on this _ day of , 20
Craig Thoendel, Mayor
Attest:
Sherry Bishop, City Clerk
EXHIBIT A
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS APART OF THE
SOUTHWEST QUARTER (SW/4) OF SECTION ELEVEN (11), TOWNSHIP
TWENTY-ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID 15.00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SW/4; THENCE
SOUTH 89006'37" WEST ALONG THE SOUTH LINE OF SAID SWA FOR 843.18
FEET; THENCE NORTH 1 °25'19" WEST FOR 50.00 FEET TO THE POINT OF
BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND; THENCE SOUTH
89006'37" WEST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 45.00
FEET; THENCE NORTH 1 °25'19" WEST FOR 15.00 FEET; THENCE NORTH
89006'37" EAST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 45.00
FEET; THENCE SOUTH 1025'19" EAST FOR 15.00 FEET TO THE POINT OF
BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND. (CONTAINING 0.015
ACRES OR 675 SQ. FT., MORE OR LESS.)
MAYORTO: THE HONORABLE AND COUNCIL
CITY OF i Q
U RO
DIRECTOR t DEVELOPMENT
DATE: March 2, 2006
BACKGROUND
Staff has recently worked with representatives of the Owasso Public Schools, the OEDA, the
Owasso Chamber of Commerce, members of the residential development community, and others
to prepare and present materials to families moving to the Bartlesville -Owasso area from
Houston. A group of Owasso and Collinsville representatives traveled to Houston and
participated in a relocation fair for Conoco -Phillips employees on January 14-16, 2006.
In response to frequently asked questions from Conoco -Phillips employees, materials that
provided information that primarily focused on the Owasso School District, residential
development and available housing, and the overall quality of life in Owasso were developed. A
new 6-panel brochure, vertical banners, booth backdrops, as well as several hundred
informational packets with current marketing material and new information were prepared and
distributed at the meeting. A three minute video was also produced for the event. The video
highlights schools, shopping, and residential areas in Owasso.
Materials were designed, prepared, and shipped from Owasso to Houston. Surplus material was
re -packaged and shipped back to Owasso for future use. Total costs for the design, development,
and production of the material, shipping costs, and airfare and lodging totaled $ 13,327.21. These
costs were not included in the current fiscal year budget.
The participation in the Conoco -Phillips relocation fair was viewed as vital in Owasso's effort to
attract these employees to the community for their new housing needs. However, as stated
previously, funds were not included in the current year's budget for this expense. In order to
allow continued progress on the work plan that was developed as a result of the Economic
Development budget, a supplemental appropriation to the budget is requested.
FEBRUARY 21, 2006 COUNCIL MEETING DISCUSSION°
At the February 21, 2006 meeting, the City Council asked to staff to review the possibilities of
utilizing the Hotel/Motel Tax Fund for the purpose of funding the Conoco -Phillips event and its
associated costs. As a result, the item was tabled to allow for the review to occur.
While the language in the Hotel/Motel Tax Ordinance, attached for your information and review,
does not preclude the spending of the funds for a purpose like that of the Conoco -Phillips
relocation fair, it is staff s opinion that the funds raised as a result of the Hotel/Motel Tax should
be reserved for capital expenditures. It would appear that the General Fund is the appropriate
vehicle to fund operational needs of the Economic Development Department.
RECOMMENDATION:
Staff recommends Council approval of a supplemental appropriation from the General Fund
balance, increasing expenditures in the Economic Development Department budget by
$13,327.21.
ATTACHMENT:
1. Ordinance No. 699 — Hotel/Motel Tax
ClerkTulsa County
561904 i ff
Fee 0YA000561904002A
ORDINANCE NO. 699
NNI AN ORDINANCE RELATING TO PART 7, FINANCE AND TAXATION, OF THE
CODE AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
CREATING CHAPTER 6, HOTEL TAX, SECTIONS 7-601 ET SEQ., LEVYING AND
ASSESSING AN EXCISE TAX OF THREE PERCENT (3%) UPON THE GROSS
RECEIPTS DERIVED FROM RENT OF HOTEL/MOTEL ROOMS; PROVIDING
p EXCEPTIONS; PROVIDING FOR THE ADMINISTRATION AND COLLECTION OF
TAX; REQUIRING THE FILING OF RETURNS AND THE KEEPING OF RECORDS;
PROVIDING FOR INTEREST AND PENALTIES; AUTHORIZING THE CITY
COUNCIL TO MAKE ADMINISTRATIVE AND TECHNICAL CHANGES AND
ADDITIONS EXCEPT AS TO THE TAX RATE AND PURPOSE; REQUIRING THE
APPROVAL OF THIS ORDINANCE BY MAJORITY VOTE OF REGISTERED
VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSE AS PROVIDED
BY LAW; AND FIXING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, TO -WIT:
SECTION I. PART 7, FINANCE AND TAXATION, OF THE CODE OF
ORDINANCES, OF THE CITY OF OWASSO, OKLAHOMA, IS NEARBY
AMENDED BY ADDING CHAPTER 6, HOTEL TAX, SECTION 7-601, ET SEQ.,
WHICH SAID SECTION TO READ AS FOLLOWS:
7-601 Definitions.
As used in this ordinance:
a. Hotel shall mean any building or buildings, structures, trailer or other facility
J
in which the public may, for consideration, obtain sleeping accommodations,
and in which five (5) or more rooms are used for the accommodation of such
occupant whether such rooms are in one or several structures. The term shall
ram`
include hotels, apartmental hotels, motels, tourist courts, lodging houses, inns,
bed 8z breakfasts, rooming houses and dormitory space where bed space is
rented to individuals or groups, apartments not occupied by "permanent
residents", and all other facilities where rooms or sleeping facilities or space
r
are furnished for a consideration. The term shall not include hospitals,
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sanitariums or nursing homes.
b. Occupancy shall mean the use or possession, or the right to the use or
possession of any room or rooms in a hotel, or the right to the use or possession
of the furnishings or the service and accommodation accompanying the use and
possession of the room or rooms
R
c. Occupant shall be the person who, for a consideration, uses, possesses, or has
the right to the use or possession of any room or rooms in a hotel under any
lease, concession, permit, right of access, license to use, or other agreement.
d. Operator shall mean any person operating a hotel within the City, included,
but not limited to, the owner, proprietor, manager, lessee, sublessee, or
mortgagee operating such hotel.
e. Permanent Resident shall mean any occupant who has or shall have the right
of occupancy of any room or rooms in a hotel for at least ninety (90)
consecutive days during the current calendar year.
f. Rent shall mean the consideration received for occupancy valued in money,
whether received in money or otherwise, including all receipts, cash, credits,
and property or services of any kind or nature, and also which credit is allowed
by the operator to the occupant, without any deduction therefrom whatsoever.
g. Return shall mean any report filed or required to be filed as herein provided.
h. Room shall mean any room or suite of rooms of any kind in any part or portion
of a hotel which is available for or let out for use or possession for any purpose
other than a place of assembly.
i. Tax shall mean the tax levied pursuant to this ordinance.
7-602 Tax Rate. There is hereby levied an excise tax of three percent (3%) upon
the gross proceeds or gross receipts derived from all the rent for every
occupancy of a room or rooms in a hotel in this City, except that the tax will
not be imposed where the rent is less than five dollars ($5.00) per day.
7-603 Exemptions.
a. Occupancy. The following shall be exempt from the tax levied in this
ordinance:
(1) Permanent residents;
(2) Agents, employees and or officials of the United States Government or
any agency or division thereof;
(3) Agents, employees and or officials of the State of Oklahoma or any
political subdivision.
b. Certificate of Exemption Required. Anyone claiming to be exempt from
the tax must obtain a Certification from the City Manager, or designee,
that the person, organization, association or corporation with which the
occupant is affiliated is exempt from the tax. Prior to issuing such a
Certificate, a certification from the said organization that the occupant is
an agent, employee officer and that their occupancy of the room is
required in connection with the affairs of said exempt organization,
association or corporation.
7-604 Tax to be Separately Designated on Bills. The operator shall separately
designate, charge and show the tax on all bills, statements, receipts or
other evidence of charge or payment of rent for occupancy issued or
delivered by the operator. In the absence of a Certificate of Exemption as
specified above it shall be presumed that the rent on all occupancies is
taxable, and the burden of proof shall be on the operator.
7-605 Operators' Duties
a. Operator Responsible for Collections. The operator shall be responsible
for the collection of the tax from the occupant and shall be liable to the
City for the tax, which shall be held in trust by the operator until paid to
the City. The operator shall join the City as a party to any action brought
by the operator to enforce collection of the tax.
b. Records to be Kept. Every operator shall keep records of every occupancy
and of all rent paid, charged, or due thereon and of the tax payable thereon
in such form as the City Manager or designee, may by regulation require.
Such records shall be available for inspection and examination at any time
upon demand by the City Manager, or a duly authorized agent or
employee of the City, and shall be preserved for a period of three (3)
years.
C. Returns.
(1) Every operator shall file with the City Manager, or designee, a report
of occupancy and of rents, and of the taxes payable thereon for the
period ending on the last day of each month following the effective
date of this Ordinance. Such return shall be filed within the first
fifteen (15) days after the end of each such month.
(2) Each operator shall further file with the City Manager, or designee, a
copy of their completed Oklahoma State Sales Tax form within ten
(10) days after June 30"', September 30"', December 31", and March
3 1 " of each year following the effective date of this ordinance.
(3) The form of return shall be prescribed by the City Manager, or
designee, and shall contain such information as may be deemed
necessary for the proper administration of this Ordinance. The City
Manager, or designee, may require amended returns to be filed within
twenty (20) days after notice and to contain the information specified
in the notice.
d. Payment of Tax. At the time of filing a return of occupancy and of rents,
each operator shall pay to the City Director of Finance, or designee, the
taxes imposed be the Ordinance upon the rents included in such return.
All taxes not paid with a timely return shall be delinquent. All the taxes
for the period for which a return is required to be filed shall be due from
the operator and payable to the City's Director of Finance, or designee, on
or before the date fixed for the filing of the return for such period without
regard to whether a return is filed or whether the return which is filed
correctly shows the amount of rents and the taxes due thereon.
e. Interest and Penalties. If any tax levied by this Ordinance becomes more
than 15 days delinquent, the person responsible and liable for such tax
shall pay interest on such unpaid tax at the rate of ten percent (10%) per
month on the unpaid balance from the date of delinquency. In the case of
failure or refusal to file within ten (10) days after written demand has been
served upon the operator by the City Manager, or designee, by registered
or certified letter with return receipt requested, a penalty of twenty five
percent (25%) may be assessed and collected. If any portion of the
deficiency is due to fraud with intent to evade tax, a penalty of fifty
percent (50%) shall be added collected and paid.
7-606 Bond Required. Where the City Manager, or designee, believes that any
operator is about to cease business, leave the state, or remove or dissipate
assets, or for any other similar reason the City Manager, or designee,
deems it necessary in order to protect revenues under this Ordinance the
City Manager, or designee, may require such operator to file with the City
a bond issued by a surety company authorized to transact business in the
State of Oklahoma in such amount as the City Manager, or designee, may
fix to secure the payment of any tax or penalties and interest due, or which
may become due from such operator. In the event that the City Manager,
or designee, determines that an operator is to file such bond, the City shall
give notice to such operator specifying the amount of security required.
The operator shall file such security as a performance bond or irrevocable
letter of credit within five (5) days after the filing of such notice unless
within such five (5) days the operator shall request in writing a hearing
before the City Council, at which time the necessary propriety and amount
of the bond shall be determined by the City Council. Such determination
shall be final and shall be complied with within fifteen (15) days
thereafter. In lieu of such bond, a cash or securities escrow, in an amount
and under terms approved by the City Manager, or designee, may be
deposited with the City Manager, or designee, who may at any time after
(5) days notice to the depositor, apply them to any tax and/or any penalties
due and for that purpose the securities may be sold at private or public
sale.
7-607 Assessment and Determination of Tax. If a return required by this
Ordinance is not filed, or if a return when filed is incorrect or insufficient,
the amount of tax due shall be assessed by the City Manager, or designee,
from such information as may be obtainable and, if necessary, the tax may
be estimated on the basis of external indices, such as number of rooms,
location, scale of rents, comparable rents, types of accommodations and
services, number of employees, minimum of sixty percent (60%) of frill
occupancy or other factors. Written notice of such assessments shall be
given to the person liable for the collection and payment of the tax. Such
assessment shall finally and irrevocably fix and determine the tax (a)
unless the person against whom it is assessed, shall apply in writing to the
City Council within ninety (90) days after the City gives notice of such
assessment, for a hearing, or (b) unless the City Manager, or designee,
decides to reassess the same. After such hearing, the City Council shall
give written notice of its determination to the person against whom the tax
is assessed and such determination shall be final.
Refunds
a. Procedure. The City Manager, or designee, shall direct the refund or
credit of any tax erroneously, illegally or unconstitutionally collected if
written application to the City Manager, or designee, for such refund is
made within six (6) months from the date of payment thereof. For like
causes, and in the same period, a refund may be so made upon the
initiative of the City Manager, or designee, subject to existing limits on
the authority of the City Manager, or designee, as to amount. The City
Manager, or designee, in lieu of any refund required to be made, may
allow credit thereof on payments due from the applicant. Whenever a
refund is made, the reasons therefore shall be stated in writing. Such
application may be made by the person who has collected and paid such
tax to the City Finance Director or designee; however, no refund of money
shall be made to the operator until the operator has repaid to the occupant
the amount for which the application for refund is made.
b. Determination and Hearing. Upon application for a refund the City
Manager, or designee, may receive evidence with respect thereto, and
make such investigation as is deemed necessary. After making a
determination as to the refund, the City Manager, or designee, shall give
written notice thereof to the applicant. Such determination shall be final
unless the applicant, within ninety (90) days after such notice shall apply
in writing to the City Council for a hearing. After such hearing the City
Council shall give written notice of its decision to the applicant.
7-609 Notices. Notices provided for under this Ordinance shall be deemed to
have been given when such notice has been delivered personally to the
operator or deposited in the United States mail, postage prepaid, to the last
known address of the operator. In the absence of written evidence
received by the City to the contrary, the last known address shall be
presumed to be the address shown on the Certificate of Registration as
required by 7-612.
7-610 Remedies Exclusive. The remedies provided in this Ordinance shall be
the exclusive remedies available to any person for the review of tax
liability imposed by this Ordinance.
7-611 General Powers of the City Manager. In addition to all other powers
granted to the City Manager, the Manager is hereby authorized:
a. To make, adopt and amend rules and regulations appropriate to the
execution of this Ordinance and for the purposes hereof,
b. To extend for cause shown the time for filing any return for a period not
exceeding sixty (60) days; and for cause shown to waive, remit, or reduce
penalties or interest;
C. To delegate functions hereunder to authorized designees for the City;
d. To assess, reassess, and readjust the amount of taxes (but not the tax rate)
imposed by this Ordinance;
e. To prescribe methods for determining the taxable and nontaxable rents.
f. To administer oaths and take affidavits concerning any matter or
proceeding under this Ordinance.
g. To subpoena and require the attendance of witnesses and the production of
books, papers and documents to secure information pertinent to the
performance and the enforcement of this Ordinance and to examine them
in relation thereto.
7-612 Certificates of Registration. Every operator shall file with the City
Manager, or designee, a certificate of registration in a form prescribed by
the City Manager within ten (10) days after the effective date of the
ordinance, or in the case of operators commencing business or opening
new hotels after such effective date, within three (3) days after such
commencement or opening. The City Manager, or designee, shall, within
five (5) days after such registration, issue, without charge, to each operator
a certificate of authority empowering such operator to collect the tax from
the occupant and duplicates thereof for each additional hotel. Each
certificate or duplicate shall state the hotel to which it is applicable. Such
certificate of authority shall be -permanently displayed by the operator in
such manner that it may be seen and will come to the notice of all
occupants and persons seeking occupancy. Such certificates shall be non -
assignable, non -transferable, and shall be surrendered immediately to the
City Manager upon the cessation of business at the hotel named, or upon
its sale or transfer.
7-613 Use of Funds.
a. All taxes collected pursuant to this Ordinance shall be set aside and used
exclusively to encourage, promote and foster economic development and
cultural enhancement, tourism and pursue regional promotion for the City
of Owasso, Oklahoma; and the cost of enforcing this Ordinance.
b. The City of Owasso, Oklahoma, is authorized to retain from the initial
proceeds of the Hotel Tax an amount equal to the costs of the election
concerning this Ordinance and borne by the City of Owasso, Oklahoma.
C. In order to compensate an operator for keeping tax records, filing reports,
and remitting the tax when due, the operator may retain a discount of one
percent (1%) of the total collected taxes for the current tax period. The
operator shall not be allowed the compensation set fourth in 7-613 (c) for
the payment for delinquent taxes.
7-614 Records Confidential. The confidential and privileged nature of the
records file concerning the administration of the Hotel Tax is legislatively
recognized and declared and, in order to protect the same, the provisions
of 68 O.S. (1991), Sec 205 of the State Sales Tax Code, and each
subsection thereof and all amendments thereto, are hereby adopted by
reference and made fully effective and applicable to the administration of
the Owasso, Oklahoma, Hotel Tax as if here set forth.
7-615 Criminal Penalties.
a. The willful intent or refusal of any taxpayer to snake reports and
remittances therein required, or the making of any false and fraudulent
report for the purpose of avoiding or escaping payment of any tax or
portion thereof rightfully due under this Ordinance shall be deemed an
offense and punishable as provided under the provisions of 1-108 of the
Code of Ordinances of the City of Owasso, Oklahoma.
b. The failure by an operator 1) to file a security bond as required or 2) to
register or to display the certificate of registration, or 3) to separately state
the tax on the bill or failure to collect such tax from the occupant shall be
deemed an offense and punishable as provided under the provisions of 1-
108 of the Code of Ordinances of the City of Owasso, Oklahoma.
7-616 Civil Remedies
a. Whenever any operator, occupant or other person shall fail to collect
and/or pay over any tax, or to owe any tax, penalty or interest imposed by
co this chapter as herein provided, the Mayor may authorize the Director of
LZ Finance to file Notice of Liens on behalf of the City of Owasso, Oklahoma
1.0 against all franchises, property and rights to property, whether real or
personal, then belonging to or thereafter acquired by the person owing the
tax pursuant to Title 68 O.S. 1981, Section 2701 and Section 2704.
b. The liens shall, upon proper filing, attach to the real estate and/or personal
property then owned or thereafter acquired by the debtor, whether such
property issued by the debtor in the operation of business or is under the
authority of an assignee, trustee, or receiver for the benefit of creditors,
from the date such taxes are due and payable as allowed by Title 68 O.S.
1981, Section 2704.
C. The City Manager, or designee, shall notify the person owing the tax by
personal service or by certified mail that the City of Owasso, Oklahoma,
will file such liens if any delinquent lodging taxes, interest and or
penalties are not paid with fifteen (15) days of receiving such notice.
d. The City Manager may also authorize the City Attorney to institute an
action in personam and in rem to enforce payment and collect any
delinquent lodging taxes, penalties and/or interest.
SECTION IL The effective date of this Ordinance is the first day of the calendar
month subsequent to the approval of this Ordinance by a majority of the voters of the
City of Owasso, Oklahoma.
SECTION III. The people of Owasso, Oklahoma, by their approval of this
Ordinance at the election, hereby authorize the City of Owasso, Oklahoma, by ordinances
duly enacted to make such administrative and technical changes or additions in the
method and manner of administration and enforcing this ordinance as may be necessary
for proper efficiency and fairness except that the rate of the tax and purposes of the tax as
herein provided shall not be changed without the approval of the qualified clectors of the
City as provided by law.
SECTION IV. The provisions hereof shall be cumulative, and in addition to any and
all other taxing provisions of City Ordinances. The provisions hereof are several, and it
is specifically declared to be the intention of the governing body and of the people to
collect the tax, notwithstanding any court ruling concerning the invalidity of other
sections or subsections of the ordinance.
PASSED by the City Council of the City of Owasso, Oklahoma, this 81h day of
January 2002.
DATED this the 8th day of January 2002.
cti E
,A EST:
MaAa Boutwell, Ci y Clerk
City of Owasso, State of Oklahoma
Mary L u Ba ouse, Mayor
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