Loading...
HomeMy WebLinkAbout2007.06.19_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: June 19, 2007 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, June 15, 2007. Timothy Roor}6AAssistant AGENDA 1. Call to Order Vice Mayor DJ Gall 2. Invocation Mike Napier, First Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of Character Certificate Mr. Ray The City Manager will present the Small Animal Hospital of Owasso with a character certificate in recognition of benevolence for their assistance with emergency animal care after a fire injured several animals in a local pet shop. M:\Agendm\Counci1\2007\0619.doc Owasso City Council June 19, 2007 Page 2 6. Presentation of Employee of the Month Mr. Ray Mr. Ray will present the Employee of the Month for June 2007. 7. 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 June 5, 2007 Regular Meeting and June 12, 2007 Special Meeting. Attachment # 7 -A B. Approval of Claims. Attachment # 7 -B C. Acknowledgement of receiving the monthly FY 2006 -2007 budget status report. Attachment # 7 -C D. Authorization for the Community Development Department to complete all closeout documents related to the Three Lakes Village Street Improvement Project under the CDBG 05, Small Cities Grant; and, authorization for the Mayor to execute all necessary closeout documents for transmittal to the Oklahoma Department of Commerce. Attachment # 7 -D E. Approval of Resolution No. 2007 -06, a resolution requesting assistance from the Oklahoma Department of Commerce "Small Cities Community Development Block Grant" program. Attachment # 7 -E F. Approval of Resolution No. 2007 -07, a resolution committing funds in the amount of $58,696 as the required match for the Small Cities Community Development Block Grant. Attachment # 7 -E G. Approval of a Citizen Participation Plan for the FY 2007 Community Development Block Grant program and authorization for the Mayor to execute all related documents. Attachment # 7 -E M: \Agendas \Council \2007 \0619. doe Owasso City Council June 19, 2007 Page 3 H. Approval of a public fireworks display to be conducted on July 3, 2007 free of charge to the public and sponsored by the City of Owasso in celebration of Independence Day. Attachment # 7 -H I. Approval of a public fireworks display to be conducted on July 1, 2007 free of charge to the public of Owasso and sponsored by the Owasso Golf and Athletic Club in celebration of Independence Day. Attachment # 7 -I J. Approval of a one year extension to the contract between the City of Owasso an Cole& Reed, P.C. for the purpose of performing audit services for the fiscal year ending June 30, 2007. Attachment # 7 -J K. Dedication of a utility easement for the purpose of designating an area in which to provide utility services to Fire Station No. 3 and authorization for the Mayor to execute the necessary documents. Attachment # 7 -K L. Dedication of a utility easement for the purpose of providing utility services to the developing residential property south and east of the N. 117th East Avenue Lift Station and authorization for the Mayor to execute all necessary documents. Attachment # 7 -K PUBLIC HEARING S. The City Council will conduct a public hearing for the purpose of receiving comments and citizen input relating to the work completed under the FY 2004 Community Development Block Grant (CDBG) Economic Development Infrastructure Funds (EDIF) program, consisting of stormwater drainage improvements constructed at National Steak and Poultry, located at 301 E. 5th Avenue. Mr. Wiles Attachment #8 A public hearing will be held for the purpose of receiving comments and citizen input relating to the work completed under the FY 2004 Community Development Block Grant (CDBG) Economic Development Infrastructure Funds (EDIF) program. M: \Agendas \Counci1\2007 \0619. doc Owasso City Council June 19, 2007 Page 4 9. Consideration and appropriate action relating to a request for Council approval of the City of Owasso's participation in the Tulsa County CDBG Urban County Cooperation Program and authorization for the Mayor to execute the cooperation agreement. Mr. Wiles Attachment #9 Staff will recommend Council approval of the City of Owasso's participation in the Tulsa County CDBG Urban County Cooperation Program and authorization for the Mayor to execute the cooperation agreement. 10. Consideration and appropriate action relating to a request for Council award of a bid for the purpose of constructing the Fire Station No. 3 Waterline Improvement Project. Mr. Rooney Attachment #10 Staff will recommend Council award a bid for the construction of the Fire Station No. 3 Waterline Improvement Project to M.S.B. Construction Inc. of Tulsa, Oklahoma in the amount of $317,935 11. Consideration and appropriate action relating to a request for Council approval of Change Order No. 3 in the amount of $25,014.03; acceptance of the Three Lakes Village Roadway Improvements; and, approval of final payment to Austin Paving, LLC in the amount of $60,122.77. Mr. Rooney Attachment #11 Staff will recommend Council approval of approval of Change Order No. 3 in the amount of $25,014.03 for a final contract amount of $347,885.03; acceptance of the Three Lakes Village Roadway Improvements; and, approval of final payment to Austin Paving, LLC in the amount of $60,122.77. M. \Agendas \Coun ci h2007 \0619. doc Owasso City Council June 19, 2007 Page 5 12. Consideration and appropriate action relating to a request for Council award of a bid for the purpose of constructing the gravel parking lot and roadway at the Sports Park. Mr. Warren Attachment #12 Staff will recommend Council award a construction bid to Tri-Star Construction of Claremore, Oklahoma for the purpose of constructing the Sports Park gravel parking lot and roadway in the amount of $160,000. 13. Consideration and appropriate action relating to a request for Council adoption of Ordinance No. 895, an ordinance relating to the removal, towing, and storage of vehicles. Mr. Chambless Attachment #13 Staff will recommend Council adoption of Ordinance No. 895. 14. Consideration and appropriate action relating to a request for Council adoption of Ordinance No. 896, an ordinance increasing the fine amount for violations of the posted speed limit in work construction zones. Ms. Lombardi Attachment #14 Staff will recommend Council adoption of Ordinance No. 896. 15. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation in the Ambulance Service Fund Ms. Hess Attachment # 15 Staff will recommend Council approval of a budget amendment increasing estimated revenue by $140,000 and increasing the appropriation for expenditures by $25,000 in the Ambulance Service Fund. M' \Agendas \CounciI0007\0G 19.doc Owasso City Council June 19, 2007 Page 6 16. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2007 -08, a resolution adopting the FY 2007 -2008 annual operating budget. Mr. Ray Attachment #16 Staff will recommend Council approval of Resolution No. 2007 -08. 17. Consideration and appropriate action relating to a request for Council approval of a conceptual development agreement between the City of Owasso and Hunt Properties and authorization for the City Manager to develop, negotiate, and present for final approval such agreement to the City Council at a subsequent meeting. Mr. Ray Staff will recommend Council approval of a conceptual development agreement between the City of Owasso and Hunt Properties for a retail development project and authorization for the City Manager to develop, negotiate, and present the final agreement to the City Council at a subsequent meeting. 18. Report from City Manager. 19. Report from City Attorney. 20. Report from City Councilors. 21. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 22. Adjournment. M: \Agendas \Council \2007 \0619. doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 5, 2007 The Owasso City Council met in regular session on Tuesday, June 5, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:30 p.m. on Friday, June 1, 2007. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Darrin Hamm, New Heights Church. ITEM 3. FLAG SALUTE Councilor Bonebrake led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT Wayne Guevara, Councilor ITEM 5. PRESENTATION OF EMPLOYEE OF THE MONTH The employee of the month was unable to attend this session. This item will be scheduled for next council session. ITEM 6. PRESENTATION OF CHARACTER TRAIT OF THE MONTH Michele Dempster, a member of the Character Council, presented to the Council `Humility', the Character Trait of the Month for June, 2007. Owasso City Council June 5, 2007 ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the May 15, 2007 Regular Meeting. B. Approval of Claims. C. Approval of Ordinance No. 894, an ordinance approving an easement closure consisting of 64 square feet of an 11' utility easement located along the common lot lines between Lot 2 and Lot 3, Block 2 in the Smith Farm Marketplace. D. Rejection of all bids received for the Ranch Creek Crossing No. 1 Stormsewer Improvement Project. E. Acceptance of the Robinson Sanitary Sewer Extension located north of East 96th Street North and North 134th East Avenue. The infrastructure improvements consist of approximately 1,400 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances. F. Approval of the FY 2007 -2008 contract between the City of Owasso and the International Association of Firefighters, Local #2789. Ms. Kimball moved, seconded by Mr. Bonebrake, to approve the Consent Agenda with claims totaling $282,264.37, healthcare self - insurance claims totaling $128,432.35 and payroll claims for two pay periods totaling $869,930.29. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION OF THE MAYOR'S APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Mayor Cataudella presented the item. Mr. Bonebrake moved, seconded by Mr. Gall, for Council confirmation of the following appointments: • ANNEXATION COMMITTEE (One Year Term) D.J. Gall, City Councilor Doug Bonebrake, City Councilor Dan Draper (Planning Commission) Lois Hilberling (Citizen) Bradd Clark, Fire Dan Yancey, Police 2 Owasso City Council Tim Rooney, Assistant City Manager Eric Wiles, Community Development Rickey Hayes, Economic Development Ana Stagg, Public Works Julie Lombardi, City Attorney • AUDIT COMMITTEE Dennis Phillips (Three Year Term) Stephen Cataudella, Mayor June 5, 2007 BOARD OF ADJUSTMENT Ken Foster (Three Year Term) David Hall (Three Year Term) Tammy Laasko (remainder of term currently served by Charles Brown, 6/30/08) • CAPITAL IMPROVEMENTS COMMITTEE (One Year Term) Doug Bonebrake (City Council) D.J. Gall (City Council) Duane Coppick (Planning Commission) Tom Kimball (OEDA Representative) Frank Enzbrenner (Banking Representative) Trish Hauser (Chamber Representative) Mike Ames (Citizen) Jim Hunter (Citizen) Bryan Stovall (Citizen) Rob Haskins (Citizen) Sherry Bishop, Finance Bradd Clark, Fire Eric Wiles, Community Development Tim Rooney, Assistant City Manager Rodney Ray, City Manager Rickey Hayes, Economic Development Ana Stagg, Public Works Dan Yancey, Police • INCOG LEGISLATIVE CONSORTIUM Julie Lombardi (One Year Term) Rodney Ray (Alternate) • INCOG ENVIRONMENTAL POLICY COMMITTEE Ana Stagg (One Year Term) • OWASSO ECONOMIC DEVELOPMENT AUTHORITY Gary Akin (Chamber Representative, One Year Term) Mayor Steve Cataudella (Council Representative, One Year Term) • PERSONNEL BOARD Mary Ann Alexander (Three Year Term) 3 Owasso City Council June 5, 2007 • PLANNING COMMISSION Duane Coppick (Three Year Term) Charles Brown (Three Year Term) • REGIONAL METROPOLITAN UTILITY AUTHORITY Sherry Bishop (One Year Term) Ana Stagg (One Year Term) • SALES TAX WATCHDOG (appointed for life of sales tax or resignation/termination) Mark Callery (Member at Large) • TRANSPORTATION POLICY COMMITTEE Councilor Susan Kimball (One Year Term) Ana Stagg (Alternate) • TRANSPORTATION TECHNICAL COMMITTEE Ana Stagg (One Year Term) Joe Nurre (Alternate) YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 9. PUBLIC HEARING. Fiscal Year 2007 -2008 Annual Budget. Mr. Ray presented the proposed budget for the City of Owasso for the Fiscal Year of July 1, 2007 thru June 30, 2008. He then opened the public hearing for citizen comments and input. There were no citizen comments. Mayor Cataudella closed the public hearing. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AWARD OF A CONSTRUCTION BID FOR THE PURPOSE OF INSTALLING FIBER OPTIC CABLE FROM CITY HALL TO PUBLIC WORKS Ms. Willson presented the item. Ms. Kimball moved, seconded by Mr. Bonebrake, for Council to award the bid for the installation of fiber optic cable from City Hall to Public Works and first year maintenance to Dan-D -Co of Catoosa, Oklahoma in the amount of $15,780.00. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. 4 Owasso City Council June 5, 2007 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AWARD OF A CONTRACT FOR THE PURPOSE OF INSTALLING PAVEMENT STRIPING RELATED TO THE FY 2006 -2007 STREET REHABILITATION PROJECT Mr. Alexander presented the item. Mr. Gall moved, seconded by Mr. Bonebrake, for Council to award the FY 2006 -2007 Pavement Striping Project contract, including all five (5) alternates, to Action Safety of Oklahoma City, Oklahoma, in the amount of $59,297.00. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION OF A SETTLEMENT AGREEMENT BETWEEN THE CITY OF OWASSO AND CATHERINE A. GRAMMER, CECIL E. COX, NINA J. ECCLES, AND RAYDEAN CURTEMAN AND PAYMENT FOR THE PURCHASE OF RIGHT OF WAY NECESSARY FOR THE CONSTRUCTION OF THE EAST 106TH STREET NORTH WATER TRANSMISSION LINE PROJECT; AND, AUTHORIZATION FOR THE MAYOR AND CITY'S GENERAL COUNSEL TO EXECUTE ALL RELATED SETTLEMENT DOCUMENTS Ms. Lombardi presented the item. Mr. Gall moved, seconded by Mr. Bonebrake, for Council approval of the settlement agreement in the amount of $78,500.00 and authorization of a final payment of $63,900.00 to Catherine A. Grammer, Cecil E. Cox, Nina J. Eccles, and Raydean Curteman; and, authorization for the Mayor and the City's General Counsel to execute all necessary settlement documents. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 13. REPORT FROM CITY MANAGER. No report. ITEM 14. REPORT FROM CITY ATTORNEY No report. 5 Owasso City Council June 5, 2007 ITEM 15. REPORT FROM CITY COUNCILORS Ms. Kimball asked about the status of the Centennial Park parking lot improvement project. Mr. Rooney said that was scheduled to begin in the middle of June. The project has been delayed due to recent rains. ITEM 16. NEW BUSINESS None. ITEM 17. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Bonebrake, to adjourn. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:20 p.m. Pat Fry, Minute Clerk re, Steve Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, June 12, 2007 The Owasso City Council met in a special meeting on Tuesday, June 12, 2007 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 5::00 PM on Friday, June 8, 2007. ITEM 1: CALL TO ORDER. Vice Mayor Gall called the meeting to order at 6:17 PM. PRESENT ABSENT DJ Gall, Vice Mayor Steve Cataudella, Mayor Susan Kimball, Councilor Wayne Guevara, Councilor Doug Bonebrake, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT ITEMS A. FINAL PLAT REQUEST (1) B. PROPOSED PUBLIC HEARING FOR CLOSEOUT OF CDBG -EDIF `04 C. CLOSEOUT PROCEEDINGS FOR CDBG `05 D. RESOLUTION FOR FY 2007 CDBG PROGRAM Mr. Rooney reviewed the above items. It was explained that the Final Plat was tabled by the Planning Commission at the applicants request and that this item would likely be reviewed by the Planning Commission and forwarded on to the City Council for action in July. Mr. Rooney also reviewed the public hearing information for the CDBG -EDIF '04 Project which was the NSP stormwater improvements and parking areas, as well as the closeout proceedings for the Three Lakes Village Street Improvement Project (CDBG '05). Additionally, a proposed resolution supporting the CDBG '07 application was also presented. All three of these items will be forwarded to the City Council for action at the June 19, 2007 regular meeting. ITEM 3: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. EASEMENT DEDICATION REQUEST (2) B. REVIEW OF BIDS FOR THE FIRESTATION NO. 3 WATER LINE C. PROPOSED ENGINEERING AGREEMENT FOR WASTEWATER TREATMENT PLANT EXPANSION PROJECT D. PROPOSED CHANGE ORDER AND FINAL PAYMENT FOR THE THREE LAKES VILLAGE STREET IMPROVEMENT PROJECT Owasso City Council June 12, 2007 Mr. Rooney reviewed the above items. It was explained that the easement dedications were necessary in order to provide new utility service at Fire Station #3 and to developing residential property east and south of the N. 117th E. Avenue lift station. It was explained that the Fire Station water line bids were opened prior to the meeting and references were being reviewed but that the low bid was below the engineer's estimate for the project. The proposed agreement for engineering services for the Wastewater Treatment Plant expansion was also reviewed as well as change order #3 and request for final payment on the Three Lakes Village Street Improvement project. Councilors had questions regarding the engineering firm rankings and Ms. Stagg agreed to provide those rankings prior to the June 19, 2007 meeting. All of the above items will be forwarded to the City Council for action at the June 19, 2007 meeting. ITEM 4: DISCUSSION RELATING TO PARKS DEPARTMENT ITEMS A. REVIEW OF BIDS RECEIVED FOR THE CONSTRUCTION OF THE SPORTS PARK ROAD AND PARKING LOT. Mr. Rooney reviewed the Sports Park Road and Parking Lot project and the bids received. It was explained that the low bidder — Tri-Star Construction of Claremore submitted a bid of $160,000 for the project. Mr. Rooney recommended that this item be placed on the June 19, 2007 City Council agenda for action. ITEM 6: DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. PROPOSED ORDINANCE RELATING TO THE REMOVAL, TOWING, AND STORAGE OF VEHICLES B. PROPOSED ORDINANCE RELATING TO THE ASSESSMENT OF FINES FOR SPEEDING IN A CONSTRUCTION ZONE Mr. Rooney reviewed the above ordinances. It was explained that both ordinances are a result of updating the Police Department Policy and Procedures Manual and that the language contained in both ordinances closely mirrors the language contained within state statutes. Both ordinances will be placed on the June 19, 2007 City Council agenda for action. ITEM 7: DISCUSSION RELATING TO CITY MANAGER ITEMS A. PROPOSED EXTENSION TO THE CONTRACT BETWEEN THE CITY OF OWASSO AND COLE & REED, P.C. FOR THE PURPOSE OF PERFORMING AUDIT SERVICES B. PROVIDE UPDATE ON FEDERAL REGULATIONS RELATING TO THE RE- BANDING OF RADIO FREQUENCIES USED FOR EMERGENCY SERVICES 2 Owasso City Council June 12, 2007 C. PROVIDE INFORMATION RELATING TO AN OKLAHOMA DEPARTMENT OF HOMELAND SECURITY PROGRAM TO ASSIST IN THE INSTALLATION OF A STATEWIDE EMERGENCY RADIO FREQUENCY SITE D. FY 2007 -2008 BUDGET E. CITY MANAGER'S REPORT Mr. Ray and Ms. Bishop reviewed the contract extension for audit services. It was explained that this item would be placed on the June 19, 2007 City Council agenda for action. Mr. White reviewed the re- banding of radio frequencies used for emergency services as well as the Oklahoma Department of Homeland Security Program to assist in the installation of a statewide emergency radio frequency site. The FY 2007 -2008 Budget was also discussed. ITEM 8: ADJOURNMENT Councilor Kimball motioned, seconded by Vice Mayor Gall, to adjourn. All were in favor and the meeting was adjourned at 8:50 PM. Vice Mayor 9 CITY OF OWASSO CLAIMS TO BE PAID 06/19/07 VENDOR DESCRIPTION AMOUNT AEP /PSO STREET LIGHTS 13.74 REFUND TOTAL 13.74 FRANK W AMBRUS BAILIFF SERVICES 300.00 MUNICIPAL COURT DEPT TOTAL 300.00 SAMS CLUB OPERATING SUPPLIES 38.57 OFFICE DEPOT OFFICE SUPPLIES 1.19 WORDCOM PAPER 90.75 FUELMAN FUEL 201.87 JPMORGAN CHASE COMMERCIAL CARD SOUTHWEST -CITY COUNCIL MEMBERS 391.00 JPMORGAN CHASE COMMERCIAL CARD BGR- DIRECTORS MEETING 50.38 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 99.90 MANAGERIAL DEPT TOTAL 873.66 LASERWORKS MAINT SERVICE 40.00 TREASURER PETTY CASH TRAVEL REIMB - FIORELLO /FENNELL 591.16 FINANCE DEPT TOTAL 631.16 DANE, JULIE TUITION REIMBURSEMENT 326.25 SOUTHERN RUBBER STAMP NOTARY STAMP - SOLENBERGER 21.99 JPMORGAN CHASE COMMERCIAL CARD DISPLAYIT- DISPLAY BOARD 880.75 OFFICE DEPOT OFFICE SUPPLIES 21.18 JPMORGAN CHASE COMMERCIAL CARD AMAZON -BOOK 37.34 INTEGRITY FOCUS CHARACTER INITIATIVE 475.00 A N Z SIGNS & SHIRTS CHARACTER INITIATIVE 699.00 COMMUNITYCARE HMO EAP SERVICES 199.00 TULSA WORLD EMPLOYMENT ADVERTISING 157.60 NEIGHBOR NEWSPAPERS JOB ADS 79.80 AMERICANCHECKED BACKGROUND CHECK 1,079.10 JPMORGAN CHASE COMMERCIAL CARD TRAVEL -DANE 24.34 JPMORGAN CHASE COMMERCIAL CARD TRAVEL -HUNT 23.00 JPMORGAN CHASE COMMERCIAL CARD TRAVEL- SOLENBERGER 21.94 TREASURER PETTY CASH MILEAGE -DANE 28.13 JPMORGAN CHASE COMMERCIAL CARD REASORS- MEETING EXPENSE 1.39 RICH & CARTMILL NOTARY BOND - SOLENBERGER 30.00 TREASURER PETTY CASH NOTARY FEE 10.00 HUMAN RESOURCES DEPT TOTAL 4,115.81 SAMS CLUB OPERATING SUPPLIES 42.21 HEARTLAND CONSULTING CONSULTING SERVICES 10,500.00 VIZALUTION STAFF DEVELOPMENT 1,275.00 AEP /PSO 05/07 USE 3,186.35 AMERICAN WASTE CONTROL REFUSE SERVICE 129.00 OKLAHOMA NATURAL GAS 05/07 USE 401.26 NEIGHBOR NEWSPAPERS LEGAL POSTINGS 714.35 TREASURER PETTY CASH POSTAGE 4.60 GENERAL GOVERNMENT DEPT TOTAL 16,252.77 SAMS CLUB USB DRIVES 33.24 FUELMAN FUEL 683.66 VENDOR TULSA COUNTY MIS OFFICE DEPOT OFFICE DEPOT JAMAR TECHNOLOGIES FUELMAN OFFICE DEPOT TRIAD PRINTING US CELLULAR DESCRIPTION AMOUNT DIAL UP SERVICE 30.00 COMMUNITY DEVELOPMENT DEPT TOTAL 746.90 OFFICE SUPPLIES 155.99 OFFICE SUPPLIES 46.97 TRAFFIC COUNTER ACCESSORIES 412.58 FUEL 486.77 OFFICE SUPPLIES 3.59 NAME PLATE -SLONE 12.00 CELL PHONE USAGE 147.68 ENGINEERING DEPT TOTAL 1,265.58 JPMORGAN CHASE COMMERCIAL CARD AMAZON -BOOK 33.97 COX COMMUNICATIONS INTERNET FEES 379.95 FUELMAN FUEL 35.34 JPMORGAN CHASE COMMERCIAL CARD DELL - NETWORK SWITCHES 2,134.32 STRATEGIC CONSULTING INTERNATIONAL GIS SYSTEM MAINT FEES 4,000.00 630.09 INFORMATION SYSTEMS DEPT TOTAL 6,583.58 WAL -MART COMMUNITY LOWES HOME IMPROVEMENT ASSOCIATED PARTS & SUPPLY ROBERTSON PLUMBING SUPPLY ARCHITECTURAL SIGNS & GRAPHICS FUELMAN COX COMMUNICATIONS SCHINDLER ELEVATOR FLYNN'S PEST CONTROL FALCON AUDIO FUELMAN GRAINGER ATWOODS FUELMAN AEP /PSO WEC OWASSO FOP LODGE #149 OKLAHOMA POLICE SUPPLY JPMORGAN CHASE COMMERCIAL CARD WAL -MART COMMUNITY POLICE PETTY CASH SAMS CLUB CARDINAL CUSTOM DESIGNS OKLAHOMA POLICE SUPPLY GALL'S PATROLTECHNOLOGY POLICE PETTY CASH FUELMAN OWASSO FITNESS ZONE LAW ENFORCEMENT PSYCHOLOGICAL POLICE PETTY CASH OPERATING SUPPLIES 35.41 PHYSICAL PROPERTY SUPPLIES 213.40 PHYSICAL PROPERTY SUPPLIES 126.04 PLUMBING SUPPLIES -CITY HALL 39.04 NAME PLATES 113.00 FUEL 513.42 INTERNET FEES 69.95 MAINT SERVICE 630.09 PEST CONTROL SERVICE 110.00 INSTALLATION- PROJECTOR/CABLES 888.95 FUEL 315.61 SUPPORT SERVICES DEPT TOTAL 3,054.91 SIGN REPAIR 17.81 WATER HOSE 12.99 FUEL 92.58 05/07 USE 16.29 CEMETERY USAGE 20.19 CEMETERY DEPT TOTAL 159.86 LEGAL DEFENSE FY 07 133.00 OC SPRAY 83.70 VEHICLE WASH 9.95 OPERATING SUPPLIES 84.82 BIKE PATROL - SUPPLIES 43.54 OPERATING SUPPLIES 63.77 UNIFORM -BIKE PATROL 210.00 DUTY BELT /HOLSTER 220.90 UNIFORM EQUIPMENT /PANTS 846.92 CUFF CASE /UNDERBELT /PANTS 107.00 GAS 10.00 FUEL 10,768.93 PHYSICAL FITNESS PROGRAM 105.00 EVALUATION -FOYIL 80.00 BIKE PATROL - REPLACE EYE LENSES 17.38 VENDOR POLICE PETTY CASH HOWARD E STAMPER IPMA AEP /PSO OKLAHOMA NATURAL GAS LAW ENFORCEMENT TARGETS TOTAL RADIO BOARD OF TESTS FOR ALCOHOL & DRUG DECATUR ELECTRONICS YALE CLEANERS JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD SAFE KIDS COALITION ST FRANCIS HOSPITAL POLICE PETTY CASH JPMORGAN CHASE COMMERCIAL CARD SOUTHERN RUBBER STAMP WAL -MART COMMUNITY SAMS CLUB TOTAL RADIO DEPARTMENT OF PUBLIC SAFETY PUBLIC SAFETY GROUP, THE ANIMAL CARE EQUIPMENT & SERVICES WAL -MART COMMUNITY LOWES HOME IMPROVEMENT SAMS CLUB FUELMAN AEP /PSO JPMORGAN CHASE COMMERCIAL CARD ATC FREIGHTLINER GROUP FUELMAN AEP /PSO OKLAHOMA NATURAL GAS BMI SYSTEMS OF TULSA CULLIGAN OF TULSA OWASSO FITNESS ZONE FIRE SERVICE TRAINING OSU FIRE SERVICE TRAINING OSU OK STATE FIRE FIGHTERS ASSOC OK STATE FIRE FIGHTERS ASSOC SAMS CLUB AEP /PSO VVEC TOTAL RADIO DESCRIPTION AMOUNT PATROL BADGE REPAIR 15.00 RADIO REPAIR SERVICES 150.00 POLICE TEST 1,050.00 05/07 USE 1,920.23 05/07 USE 241.22 PROTECTOR TRAP /STOCK KIT 687.78 REPAIRS - PORTABLE RADIO 84.00 INTOXLYZER REPAIRS 143.50 SPEED TRAILER REPAIR 435.00 UNIFORM CLEANING 1,725.87 ACTEVA.COM- TRAINING -BROCK 100.00 NATIONAL CRIMINAL JUSTICE - MATERIAL 5.00 TRAIN I NG-EDWARDS/RATHBON E 60.00 MEAL REIMB 26.74 TURNKEY MOBILE - LAPTOP MOUNTS 7,961.50 POLICE DEPT TOTAL 27,390.75 NOTARY CRIMPER- R.LONG 34.45 PRISONER MEALS 209.32 OPERATING SUPPLIES 8.28 RADIO MAINT 675.00 EQUIPMENT RENTAL 450.00 TRAIN ING- MCINTIRE 125.00 POLICE COMMUNICATIONS DEPT TOTAL 1,502.05 TRANQUILIZER GUNS 1,345.84 OPERATING SUPPLIES 30.27 SHELTER SUPPLIES 89.23 OPERATING SUPPLIES 105.12 FUEL 65.71 05/07 USE 306.93 ANIMAL CONTROL DEPT TOTAL 1,943.10 BELK- UNIFORM APPAREL 146.93 REPAIRS /PARTS -TRUCK 590.59 FUEL 1,571.52 05/07 USE 737.37 05/07 USE 288.65 COPIER RENTAL / MAINT 243.97 WATER /COOLER 23.90 PHYSICAL FITNESS PROGRAM 465.00 INSTRUCTOR COURSE - JACKSON 25.00 INSTRUCTOR COURSE - LINTHICUM 25.00 REGISTRATION- ATWE LL/BI SHOP 100.00 REGISTRATION- YORK/MCNICHOL 100.00 FIRE DEPT TOTAL 4,317.93 OPERATING SUPPLIES 8.28 05/07 USE 68.05 STORM SIRENS 36.79 REPAIRS -STORM SIRENS 165.50 EMERGENCY PREPAREDNESS DEPT TOTAL 278.62 QUIKSERVICE STEEL CO PLATE STEEL 336.50 VENDOR DESCRIPTION AMOUNT L & S DEDMON TRUCKING ROCK /DIRT 90.00 MILL CREEK LUMBER & SUPPLY KEYS - BACKHOE 89.78 LOWES HOME IMPROVEMENT SUPPLIES 9.45 ELLIS CONSTRUCTION ACCESSORIES PANEL TIES 32.61 MAXWELL SUPPLY OF TULSA REBAR CAPS 30.60 HEARON STEEL -TULSA REBAR - STORMDRAIN 224.75 GEORGE & GEORGE SAFETY & GLOVE UNIFORM GEAR 26.95 UNIFIRST HOLDINGS UNIFORM RENTAL /CLEANING 86.72 VULCAN CULVERT REFLECTORS 231.50 FUELMAN FUEL 1,259.90 LOWES HOME IMPROVEMENT LEVEL 28.92 MAXWELL SUPPLY OF TULSA BROOMS 104.47 AEP /PSO 05/07 USE 1,111.35 AEP /PSO STREET LIGHTS 4,767.05 CHAMPION CONCRETE SERVICES CUT HOLE -STORM BOX 336.00 TWIN CITIES READY MIX CONCRETE 235.00 RAINBOW CONCRETE COMPANY CONCRETE 594.75 TWIN CITIES READY MIX CONCRETE 1,647.00 STREETS DEPT TOTAL 11,243.30 RAINBOW CONCRETE COMPANY CONCRETE 591.00 BLOSS SALES & RENTAL BLADES 49.77 GEORGE & GEORGE SAFETY & GLOVE UNIFORM GEAR 26.91 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 72.46 O'REILLY AUTOMOTIVE OIL CAP 2.43 FUELMAN FUEL 1,404.39 LOT MAINTENANCE OF OKLAHOMA STREET SWEEPING 4,725.00 BAILEY EQUIPMENT TRIMMER REPAIR 75.52 BLOSS SALES & RENTAL MOWER REPAIR 75.98 STORMWATER DEPT TOTAL 7,023.46 BAILEY EQUIPMENT MOWER BELT 18.25 ATWOODS MULCH /LIGHT BULBS /SPRAY PAINT 67.55 UNIFIRST HOLDINGS UNIFORM RENTAL /CLEANING 48.96 FUELMAN FUEL 513.52 ANIMAL RELOCATORS OF TULSA SERVICE 60.00 ALOHA LANDSCAPE & IRRIGATION LAWN SERVICE -ELM CREEK 227.00 ALOHA LANDSCAPE & IRRIGATION LAWN SERVICE - MCCARTY 145.00 ALOHA LANDSCAPE & IRRIGATION LAWN SERVICE - RAYOLA 185.00 D & SONS LAWN CARE MOWING -ATOR 80.00 D & SONS LAWN CARE MOWING- CENTENNIAL 999.00 D & SONS LAWN CARE MOWING- VETERANS 60.00 AEP /PSO 05/07 USE 1,440.33 ROGERS COUNTY RWD #3 WATER USE - CENTENNIAL PARK 127.75 NATIONAL RECREATION & PARK ASSOC MEMBERSHIP- WARREN/WINTON 270.00 PARKS DEPT TOTAL 4,242.36 FUELMAN FUEL 165.46 AEP /PSO 05/07 USE 609.27 OKLAHOMA NATURAL GAS 05/07 USE 82.48 OFFICE DEPOT OFFICE SUPPLIES 9.19 JPMORGAN CHASE COMMERCIAL CARD WORLEYS- LANDSCAPING 94.75 AEP /PSO 05/07 USE 102.11 OKLAHOMA NATURAL GAS 05/07 USE 36.02 VENDOR DESCRIPTION AMOUNT SAV -ON PRINTING & SIGNS BROCHURES 65.00 HISTORICAL MUSEUM DEPT TOTAL 1,164.28 FUELMAN FUEL 198.12 TRIAD PRINTING PRINTING 226.81 JPMORGAN CHASE COMMERCIAL CARD WEB SCRIBBLE- HOSTING 19.99 ECONOMIC DEVELOPMENT DEPT TOTAL 444.92 GENERAL FUND TOTAL 93,548.74 MEDICARE SERVICES REFUND AMBULANCE REFUND -TATE 281.82 TRI -ANIM HEALTH SERVICES IV KITS 110.67 MEDICAL COMPLIANCE SPECIALTY BIO -WASTE DISPOSAL 282.00 PHARMACEUTICAL SYSTEMS PHARMACEUTICALS 29.93 ATC FREIGHTLINER GROUP REPAIRS /PARTS -TRUCK 358.18 FUELMAN FUEL 1,535.22 FIRE SERVICE TRAINING OSU EMS INSTRUCTOR UPDATE 50.00 TREASURER PETTY CASH PARAMEDIC APPLICATION 110.00 AMBULANCE SERVICE FUND TOTAL 2,757.82 AT &T E911 FEES 1,908.67 E911 FUND TOTAL 1,908.67 OFFICE DEPOT OFFICE SUPPLIES 51.96 MESHEK & ASSOCIATES ENGINEERING -THREE LAKES DAM 1,793.59 TREASURER PETTY CASH POSTAGE 21.40 OWASSO FENCE FENCE 790.00 STORMWATER MGMT FUND TOTAL 2,656.95 CROSSLAND HEAVY CONTRACTORS CONSTRUCTION - STATION 3 64,752.30 STAND -BY PERSONNEL TEMP PERSONNEL 9,733.50 SEMMATERIALS TAC COAT STREET REPAIR 1,350.77 MISER ASPHALT COMPANY DEMOLITION AT SPORTS PARK 8,500.00 CAPITAL IMPROVEMENTS FUND TOTAL 84,336.57 JPMORGAN CHASE COMMERCIAL CARD 4 ALL MEMORY - UPGRADE 379.92 AMBULANCE CAPITAL FUND TOTAL 379.92 LIVINGSTON, KEN TUITION REIMBURSEMENT 326.25 OFFICE DEPOT OFFICE SUPPLIES 59.99 SAMS CLUB USB DRIVES 16.63 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 13.92 UNITED FORD PARTS FOR RESALE 24.89 ENLOW TRACTOR PARTS - KUBOTA TRACTOR 346.62 AMERIFLEX HOSE & ACCESSORIES REPAIR PARTS - RESALE 100.95 B & M OIL COMPANY OIL /FLUIDS 239.11 O'REILLY AUTOMOTIVE PARTS FOR RESALE 2,895.95 T & W TIRE TIRES -CITY VEHICLES 2,516.44 CROW BURLINGAME COMPANY PARTS FOR RESALE 5.49 AEP /PSO 05/07 USE 529.31 OKLAHOMA NATURAL GAS 05/07 USE 82.48 LENOX WRECKER SERVICE TOWING CHG- AMBULANCE /POLICE CAR 225.00 T & W TIRE TIRE REPAIR - SLUDGE TRUCK 110.00 VENDOR QUALITY TIRE & AUTO SERVICE B & M CUSTOM EXHAUST ALSUMA TRUCK & EQUIP REPAIR CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT DENNIS CARRIER SR. QUALITY TIRE & AUTO SERVICE RAND LAMBLEY FOSTERS PAINT & BODY SHOP FOSTERS PAINT & BODY SHOP DESCRIPTION AMOUNT WHEEL ALIGNMENT - POLICE VEHICLE 49.95 INSTALL FUEL PUMP 136.50 TRASH TRUCK REPAIRS 1,579.65 CITY GARAGE FUND TOTAL 9,259.13 PROFESSIONAL SERVICES 1,207.90 MEDICAL CLAIMS 7,724.94 MEDICAL CLAIMS 1,324.10 SETTLEMENTS 1,363.80 SETTLEMENTS 1,627.80 WORKERS COMP FUND TOTAL 13,248.54 TORT CLAIM 1,141.82 TORT CLAIM 109.46 TORT CLAIM 100.00 REPAIRS - EXPEDITION 1,179.72 REPAIRS - IMPALA 1,524.89 SELF INSURANCE FUND TOTAL 4,055.89 GRAND TOTAL 212,152.23 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 06119/07 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 24,484.98 29,333.64 13,931.16 11,154.72 78,904.50 2,966.97 1,541.00 2,386.30 1,870.91 8,765.18 87,669.68 CITY OF OWASSO GENERALFUND FISCAL YEAR 2006 -2007 Statement of Revenues & Expenditures As of May 31, 2007 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,439,556 $ 15,610,664 $ 16,670,000 93.65% Licenses & permits 44,494 228,686 373,000 61.31% Intergovernmental 35,259 463,819 428,165 108.33% Charges for services 18,126 215,970 244,900 88.19% Fines & forfeits 750 588,359 584,000 100.75% Other 8,328 121,004 95,300 126.97% TOTAL REVENUES 1,546,512 17,228,501 18,395,365 93.66% EXPENDITURES: Personal services 810,310 9,018,524 9,940,935 90.72% Materials & supplies 46,020 539,508 558,737 96.56% Other services 104,116 1,184,794 1,477,877 80.17% Capital outlay 100,745 1,522,844 2,625,141 58.01% TOTAL EXPENDITURES 1,061,191 14,602,690 12,265,670 84.00% REVENUES OVER EXPENDITURES 485,321 31792,675 4,962,831 130.85% TRANSFERS IN (OUT): Transfers in 928,592 9,804,695 10,163,000 96.47% Transfers out (1,385,646) (14,627,935) (16,001,375) 91.42% TOTAL TRANSFERS (457,054) (4,823,239) (5,838,375) 82.61% NET CHANGE IN FUND BALANCE 28,266 (2,045,700) 139,592 FUND BALANCE (GAAP Basis) Beginning Balance 5,343,181 Ending Balance $ 5,482,773 FUND BALANCE (Budgetary Basis) Beginning Balance 3,989,178 3,989,178 Ending Balance $ 4,128,770 $ 1,943,478 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CDBG CLOSEOUT SIDEWALK IMPROVEMENT PROGRAM - FY ` 05 DATE: May 25, 2007 BACKGROUND: By virtue of its size, the City of Owasso receives Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make yearly. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its " Small Cities set -aside program ". For the FY ' 05 CDBG project, the City used this money to help fund the reconstruction of streets in the Three Lakes Village subdivision. For that project year, the grant amount totaled $66,450. rr .ncF01 TT The FY ' 05 CDBG project has been completed. Now, closeout documents for the project need to be prepared and submitted to ODOC. In order to make the submittal official, the city council must authorize the completion of the closeout documents and authorize the Mayor to execute them. RECOMMENDATION: The staff recommends Council authorization of the completion and execution of all closeout documents related to CDBG 05, Small Cities Grant for transmittal to the Oklahoma Department of Commerce. ATTACHMENT: Closeout documents Attachment 1 Page 1 of 9 CDBG 2004 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) OFFICE OF COMMUNITY DEVELOPMENT (OCD) CDBG CLOSEOUT DOCUMENTS Contractor Name and Address: City of Owasso Contract Number: 11946 CDBG 05 PO Box 180 Owasso, OK 74055 -0180 Contract Period: From: September 9, 2005 To: September 9, 2007 Preparer /Contact Person: Andy Armstrong Telephone: (918) 584 -7526 X 1. Final Expenditure Report (CD or ED) X 2. Contract Closeout Certification I, as authorized representative of the Contractor listed above, hereby submit the documents listed as required by the terms of the X 3. Program Beneficiary Report contract X 4. Proof of Second Public Hearing X 5. Final Wage Compliance Report NA 6. Proof of Insurance Chairman or Chief Elected Official Date X 7. Board Minutes Accepting Completed Project X 8. Final Engineering Inspection Report FOR ODOC USE ONLY Reviewer Comments Date Monitored Date All Findings Resolved Project Manager Initials Date PER Review Initials Date Initials Date Team Leader Initials Date Fiscal Division Review Initials Date Total Contract: IDIS Project Number IDIS Activity Number Federal Match Total Total Accrued Expenditures Balance Deobligated Requirement 410 Closeout Interest Reconciliation Total Interest Earned $0.00 Total Interest Expenditure $0.00 Balance of Unexpended Interest $0.00 LINE ITEM BUDGET 101061 CODE A TOTAL EXPENDITURE S B BUDGET C REMAININ G BALANCE 1. PLANNING 551020 2. ENGINEERING 551030 3. ARCHITECTURE 551031 4. INSPECTION 551032 5. HOUSING REHABILITATION 551040 6. ACQUISITION AND DISPOSITION 551050 7. CLEARANCE/DEMOLITION 551070 8. UTILITIES 551080 9. WATER SYSTEM 551090 10. SEWER SYSTEM 551091 11. SOLID WASTE 551100 12. AMBULANCE 551161 13. FIRE PROTECTION 551160 14. HANDICAP 551044 15. COMMUNITY FACILITY 551110 16. SENIOR CITIZENS CENTER 551112 17. PARKS 551150 18. STREETS 551180 $66,450.00 $66,450.00 $0.00 19. FLOOD AND DRAINAGE 551190 20. OTHER (SPECIFY) 551210 21. SUB -TOTAL (1 THRU 20) $66,450.00 $66,450.00 $0.00 22. DIRECT GRANTEE ADMIN 551018 $0.00 $0.00 $0.00 23. PUBLIC FACILITIES ADMIN 551010 $0.00 $0.00 $0.00 24. TOTAL ADMIN (22 + 23) $0.00 $0.00 $0.00 25. TOTAL CDBG COSTS (21 +24) $66,450.00 $66,450.00 $0.00 26. TOTAL MATCH FUNDS 555230 $132,273.45 $132,273.45 $0.00 GRAND TOTAL $198,273.45 $198,273.45 $0.00 Requirement 410 it 1 )f 9 Closeout Contractor: Ulty of Uwasso Contract Number: 11966 CDBG 05 CDBG PROGRAM BENEFICIARY REPORT — PROGRAM BENEFITS Attachmc Page 4 PROGRAMACHVITY Units Com- pleted Total Number of Benetici- aries Low and Moderate - Income RACE Black or African Amer. RACE Amer. Indian or Alaskan Native RACE Asian RACE Native Hawaiian OR Pacific Islander RACE White RACE Other ETHNICITY Hispanic Or Latino ETHNICITY Not Hispanic Or Latino Disabled Femal Head c Househc 1. Housing Rehabilitation 2. Housing Support 3. Rehabilitation — Rental Demo 4. Acquisition and Disposition 5. Relocation 6. Clearance 7. Utilities 8. Water System 9. Sewer System 10. Solid Waste 11. Community Facilities 12. Neighborhood Facilities 13. Senior Citizens Center 14. Other Facilities/Center 15. Removal of Arch. Barriers 16. Public Services 17. Code Enforcement 18. Recreation 19. Fire Protection 20. Parkin 21. Streets 109 60 2 9 0 0 98 0 0 109 na 5 22. Flood and Drainage 23. ED — Facility Construction Loans 24. ED — Infrastructure Improvement 25. ED — Equipment/Inventory Loans 26. ED — Commercial Rehab. Loans 27. ED — Industrial Rehab. Loans 28. ED — Other NUMBER OFBENEFICIARIES BY CATEGORY SHOULD BE REPORTED FOR EACH PROGRAMACTIVITYBUDGETED. Requirement 410 Closeout Attachment 1 Page 5 of 9 CONTRACT CLOSEOUT CERTIFICATIONS Contractor Name: City of Owasso Contract Number: 11966 CDBG 05 L FINAL CASH RECONCILIATION A. Total Cash Received Under This Contract (Include Cash in Transit) $ 66,450.00 B. Less: Total Accrued Expenditures This Contract $ 66,450.00 C. Excess Cash on Hand to be Refunded to ODOC $ -0- D. I certify that the expenditures reported are taken from the original books of account and that such expenditures are valid and consistent with the terms of this contract. E. I further certify that the attached check in the amount of $ fully represents all money received for but not expended in performance of this contract (Same as Line C above). F. This amount is refunded to ODOC in accordance with the terms of the contract H. RELEASE A. Pursuant to the terms of this contract and in consideration of the Total Accrued Expenditures referred to in Line B above which have been paid or will be paid to the Contractor, upon payment of any remaining balance to ODOC), the Contractor does hereby remise, release, and discharge the State of Oklahoma (ODOC), and their officers, agents, and employees of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the performance of this contract. B. I understand that the Total Accrued Expenditures certified I -D above will become the final total obligated amount of this contract. M. ASSIGNMENT OF REFUNDS REBATES, AND CREDIT Pursuant to the terms of this contract and in consideration of payment of costs as provided in said contract, Contractor does hereby: A. Assign, transfer, set over and release to ODOC all right, title, and interest to all refunds, rebates and credits or other amounts, including any interest thereon, arising out of the performance of this contract, together with all rights of action accrued or which may accrue thereunder. B. Agree to take whatever action may be necessary to effect prompt collection of all such refunds, rebates, credits or other amounts, including any interest thereon, due or which may become due, and to forward promptly by check made payable to ODOC any proceeds so collected. C. Agree to cooperate fully with ODOC as to any claim or suit in connection with such refunds, rebates, credits or other amounts due, including any interest thereon; to execute any protest, pleading, application, power of attorney or documents in connection therewith; and to permit ODOC to represent it at any hearing, trial or other proceeding arising out of such claim or suit. This Closeout was completed by: Andy Armstrong INCOG Manager for Community and Economic Development Name of Preparer Title of Preparer (918) 584 -7526 Phone Number Signature of Preparer I Certify the information contained in this closeout is true and accurate to the best of our knowledge: Clerk / Accountant Sherry Bishop. City_Clerk Typed Name and Title Date Chief Elected Official Stephen Cataudella, Mayor Typed Name and Title Date Requirement 410 Closeout Attachment 1 Page 6 of 9 FINAL WAGE COMPLIANCE REPORT Contractor Name: City of Owasso Contract Number: 11946 CDBG 05 Contact Person: Andy Armstrong Telephone No.: (918) 584 -7526 Project Name Street Improvement Project Location: Three Lakes Subdivision, Owasso, OK Construction Completion Date: April 28, 2007 Contract Amount: $ 308,869.40 Prime Contractor: Austin Paving Subcontractors None 1. Were any workers paid less than the specified Davis -Bacon rates that applied to this project? ❑ Yes X No 2. If YES: a. What was the total amount of restitution paid? $ b. What was the method of restitution? ❑ Paid by the Contractor ❑ Paid by City/Town with funds withheld from payment to the Contractor Firm Affected Employees Amount of Nature of Violations Restitution Paid (Attach additional pages if necessary.) 3. Were any workers not paid the correct overtime payments? ❑ Yes X No If YES: Liquidated damages at the rate of $10 for each calendar day for each worker must be calculated and the Contractor notified of his liability, and 4. Provide information concerning the nature of the overtime violations. This should include: a. Firm's Name, Address and Phone Number: b. Date Contractor. was notified in writing of the amount of liquidated damages which could be assessed: c. Date the Contractor responded to the written notice: (must be within 30 days of the receipt of notification): d. Did the Contractor seek a reduction or waiver of the liquidated damages? ❑ Yes ❑ No Requirement 410 Closeou e. If YES: Was the requested approved and for what ❑ Yes - Reduction. ❑ Yes - Waiver. f. On what grounds was HUD's or USDOL's response based? Attachment 1 Page 9of 9 g. Total amount of Liquidated Damages paid: $ h. What was the method of payment of the Liquidated Damages'? ❑ Paid by the Contractor ❑ Paid by the City/Town with funds withheld from payment to the Contractor. i. Did the Contractor appeal the final decision to assess Liquidated Damages to the Wage Appeals Board? ❑ Yes ❑ No j. Attach copies of all correspondence relative to any Liquidated Damages. 5. If appropriate, attach a recommendation of and justification for sanctions against the Contractor. Submitted by: Signature Andy Armstrong Typed Name Date Manager for Community and Econ. Development Title Requirement 410 Closeou Attachment 1 Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS All original signed documents including the Transmittal must be submitted within sixty days after the contract ending date or upon completion of the project whichever comes first. For Economic Development contracts, the project must be complete and all jobs as set out in the application for funding must be created before the project can be closed out. All contracts with open loans are not considered closed out until the loans are paid in full, however, closeout documents must still be submitted to our office in accordance with the instructions above. Upon receipt of the final loan payment municipalities /counties that have previously submitted closeout documents accepted by our office will automatically be considered closed out. Municipalities /counties that have submitted closeout documents on projects with open loans will be eligible to apply for future funding. The Contract Period listed on each document must correspond to the dates listed on the contract and subsequent modifications. If the ending date was changed, the latest modification date must be used. Note: The Final Expenditure Report is for contract closeout only. If additional funds are due you as the Contractor, the proper Request for Funds must be submitted prior to submission of the closeout documents. 1. Final Expenditure Report: Enter the correct total expenditures by line item in the appropriate column. The Budget column must reflect the latest approved budget amounts for the contract. "Remaining Balance" is the budget less expenditures year -to -date. The interest reconciliation is for interest earned on deposits of CDBG funds only. Any unexpended interest must be returned to ODOC with the check made payable to HUD. 2. Contract Closeout Certifications: Total Cash Received /Requested must be for the total contract period. Total Accrued Expenditures must be the total amount expended as shown on the Final Expenditure Report. The form must be dated and include the names and signatures of the Chief Elected Official, the Clerk and /or Accountant, and the person Preparing the closeout Requirement 410 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS CONTINUE Attachment 1 Page 9of 9 3. Program Beneficiary Report — Program Benefit: For each Program Activity report on actual accomplishments. For Units Completed, enter the number of structures /parcels acquired or cleared. For economic development projects, enter the number of full -time positions created or retained. In ethnic, Female Head of Household and Disabled columns, enter actual information on the number of beneficiaries. The ethnic origins total must equal the Total Number of Beneficiaries. 4. Proof of Publication of Notice of Second Public Hearing: The municipality /County must attach documentation that a public notice was posted /advertised informing citizen of the second public hearing to be held. A copy of the hearing minutes must also be included. 5. Final Wage Compliance Report: Enter information on liquidated damages or wage restitution paid by the construction contractor. 6. Proof of Insurance: The grant recipient must attach proof of property coverage insurance for any aboveground facility built or renovated and /or for equipment purchased with CDBG funds. 7. Board Minutes Accepting Completed Project: The grant recipient must provide ODOC with Board Minutes acknowledging the project is complete and authorizing final payment to the contractor. (NOTE): If Official Board Minutes are not available at the time the closeout is due, the unapproved minutes will be sent to ODOC, with Official minutes to be provided once approved by the Board.) 8. Final Inspection Report: The grant recipient must attach a certified copy of the final inspection report provided by the Engineer /Architect, indicating the project is complete and acceptable. (NOTE): If no engineer /architect services are utilized then item #7 will suffice. Requirement 410 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CDBG '07 APPLICATION GRANT FOR RAYOLA PARK RESTROOM DATE: June 15, 2007 BACKGROUND: By virtue of its size, the City of Owasso receives Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make yearly. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its " Small Cities set -aside program ". So far, the City has used this money to improve sidewalks in the downtown area, to construct a restroom at the skate park, to help fund the street improvements at Three Lakes Village, and to construct a splash pad facility at Rayola Park. The City of Owasso has begun the process of applying to ODOC for funding under the State' s FY -07 CDBG program. The amount of funding is anticipated to be $58,696. In order to receive this funding, the City has already submitted a letter of intent to ODOC announcing that the City is proceeding with efforts to secure grant funds for 2007. The next step in the grant process is for the city to make an application for the grant funds to ODOC. In order to complete this application process, the city council must take the following three actions: 1. Approve a resolution requesting assistance from ODOC for a FY 2007 for the Small Cities Program. 2. Approve a second resolution committing $58,696 as a match required for the grant funds. 3. Approve a Citizen Participation Plan for the FY 2007 CDBG Program. Should the funding be awarded, there would be a match requirement. The City would have to commit an amount of money equal to the grant funds ($58,696), likely bringing the total allowable project cost to around $117,392. TYPES OF PROJECTS ELIGIBLE FOR FUNDING: Two general types of projects are eligible for CDBG funding - community development projects and economic development projects. Examples of community development projects include sidewalks, street improvements, and projects that increase handicapped accessibility to community facilities. Examples of economic development projects include waterlines and sewerlines. The previous two CDBG projects provided funding for the Three Lakes Village street repairs and the Rayola Park splash pad. AREA ELIGIBLE FOR FUNDING: Annual CDBG funds can be used for a variety of projects within the eligible neighborhoods of the community. A map showing the eligible area is attached with this memorandum. Generally, the area currently includes census blocks located south of 76`t` Street, northeast of Elm Creek and southeast of the Owasso Expressway /86`'' Street interchange, and in the Main Street area south of Fourth Street. It should be noted that the area for the proposed CDBG project (Rayola Park) is not automatically income- eligible to receive CDBG funding. Last year, in preparation for the splash pad grant application, an income survey was conducted and approved for the Rayola Park area, and that survey information is still valid for this proposed application. RECOMMENDED SCOPE OF PROJECT: To provide direction for using the grant funds for the ' 07 project, staff members evaluated three project options: 1. the continuance of the sidewalk improvements project, of which five years remain to complete the downtown sidewalks plan, 2. the renovation of Old Central, bringing all of the upstairs portion of the facility into compliance with the building code to accommodate future users for that building, and 3. the construction of a public ADA restroom facility at Rayola Park in conjunction with the Splash Pad that will be constructed this year. As the result of its evaluation, the staff recommended that the City of Owasso pursue CDBG funds to construct a restroom at Rayola Park. The City Council then conducted a public hearing to gather citizen input, and no citizen comments were received. Consequently, the City of Owasso is now at a position to apply for the grant funds. RECOMMENDATION: The staff recommends that the Council take the following three actions: 1. Approve Resolution 2007 -06 requesting assistance from ODOC for a FY 2006 for the Small Cities Program. 2. Approve Resolution 2007 -07 committing $58,696 as a match required for the grant funds. 3. Approve a Citizen Participation Plan for the FY 2007 CDBG Program. ATTACHMENTS: 1. Resolution 2007 -06 2. Resolution 2007 -07 3. Citizen Participation Plan 4. Map of project eligible neighborhoods CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2007 -06 WHEREAS, Title 1 of the Housing and Community Development Act of 1974, Public Law 93- 383, as amended, authorized the Secretary of Housing and Urban Development, as representative of the United States of America, to grant to the State of Oklahoma funds and administrative responsibility for the "Small Cities Community Development Block Grant" program; and WHEREAS, the Oklahoma Department of Commerce, pursuant to designation by the Governor as the administering agency of the Community Development Block Grant Program for Small Cities in Oklahoma; is directed to further the purposes of community development in the State, and is authorized and empowered to accept funds from the Federal Government or its agencies and to enter into such contracts and agreements as are necessary to carry out the functions of the Department, and WHEREAS, the City of Owasso is a local unit of general purpose government and has provided opportunity for input by residents in determining and prioritizing community development needs through its written Citizen Participation Plan, and NOW THEREFORE, BE IT RESOLVED by the City Council that the City of Owasso desires to obtain assistance in community development and hereby requests the Oklahoma Department of Commerce to provide assistance under the policies, regulations, and procedures applicable to local communities in Oklahoma. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds if the City of Owasso is awarded a Community Development Block Grant, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, and all empowered agencies thereof. ADOPTED THIS 19th day of June 2007, at a regularly scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. § et seq. ( SEAL) ATTEST: Sherry Bishop, City Clerk DJ Gall, Vice Mayor h: jb /karen/98edif /resolution.doc CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2007-07 A RESOLUTION RELATING TO A COMMUNITY DEVELOPMENT BLOCK GRANT FOR RESTROOM IMPROVEMENT PROJECT ACTIVITIES COMMITTING UP TO $58,696 AS LEVERAGE FROM THE CITY OF OWASSO WHEREAS, the City of Owasso has entered into a project consisting of a restroom improvement program in Rayola Park in the City of Owasso, State of Oklahoma with proceeds of Community Development Block Grant Funds; and, WHEREAS, as a condition to the funding of A Community Development Block Grant, the Oklahoma Department of Commerce has required adoption of a resolution by the City Council of the City of Owasso, Oklahoma, to commit funds in the amount of $58,696 to the project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, that, SECTION 1: The City of Owasso, through the City's General Fund Account, agrees to commit up to $58,696 as the required match for the proposed CDBG Small Cities Program in the City of Owasso. Approved this 19th day of June 2007. D.J. Gall, Vice Mayor ATTEST: Sherry Bishop, City Clerk ATTACHMENT B Citizen Partici anon Plan Page 1 CITY OF OWASSO CITIZEN PARTICIPATION PLAN The City of Owasso intends to implement a citizen participation program for its 2007 application process to accomplish the following objectives: Provide for and encourage citizen participation, particularly by low and moderate - income persons who reside in areas where CDBG funds are proposed to be used. This will be accomplished by: 1. Providing frequent and timely public notice of CDBG program activities by posting at City Hall and by placing articles of interest in the local newspaper. 2. Adopting a comprehensive CDBG Statement of Needs. 3. Conducting a Special Public Hearing to inform citizens of the proposed CDBG project and authorizing the Mayor to sign a CDBG application in a formal City Council Meeting. Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to proposed and actual use of funds, including, but not be limited to: 1. The amount of CDBG funds to be made available for the current fiscal year, if the proposed project is approved. 2. The range of activities that may be undertaken with those funds. 3. The estimated amount of those funds proposed to be used for activities that will benefit low and moderate - income persons. 4. The proposed CDBG activities likely to result in displacement and any anti - displacement and relocation plans developed by the City of Owasso in accordance with Section 104(d)(1) and (2) of the Act. 5. The basis on which the City of Owasso may provide technical assistance to groups representative of persons of low and moderate income that may request assistance in developing proposals. The level and type of assistance to be provided is at the discretion of the City of Owasso and does not necessarily include providing funding to such groups. 6. This requirement will be accomplished by discussing the CDBG proposal during regular City Council meetings and in one formal public hearing prior to the submittal of the CDBG application. During the hearing the five (5) items listed above will be explained to the public. Records of the CDBG project will be maintained in the City Hall of the City of Owasso by the Clerk and will be available upon request for review by the public. A brief summary of h jb/karen/98edif/citpar.doc ATTACHMENT B Citizen Participation Plan Page 2 the proposed CDBG project will be available for public review after the City Council has made its final selection. Provide for a minimum of two (2) public hearings; one (1) prior to submission of the application for funding of the project for the purpose of obtaining citizen views and formulating or responding to proposals and questions, and the other end of the grant period if the City of Owasso receives funding, that discusses the City of Owasso's accomplishments in relation to initial plans. The application stage hearing will include discussion of CDBG needs, and the development of activities being proposed for CDBG funding. There will be reasonable notice of all hearings, which will be scheduled for times and locations convenient to the potential and actual beneficiaries and which will accommodate the handicapped. This requirement will be met through scheduling a Special Public Hearing to discuss the City of Owasso's 2007 CDBG proposal. At this hearing, the proposed project will be reviewed for the public and further citizen input will be solicited. Notice will be given seven (7) to ten (10) days in advance of this hearing in the City of Owasso by posting at City Hall and other normal posting locations within the community. The Hearing will be held in the early evening so that citizens who work may attend. A second hearing will be held at the end of the grant period as the City of Owasso completes project activities authorized in the 2007 CDBG process. Meet the needs of non - English speaking residents in those instances where a significant number of non - English speaking residents can reasonably be expected to participate. The City of Owasso does not currently have a significant population of non - English speaking citizens. However, every effort will be made to accommodate the needs of any non - English speaking citizens who wish to participate. Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities not previously described in the City of Owasso's funding request and on activities that are proposed to be deleted or substantially changed in terms of purpose, scope, location or beneficiaries. The proposed seven (7) to ten (10) day notice for all public meetings and hearings in connection with the City of Owasso's 2007 CDBG application process is believed by the City of Owasso to afford citizens with reasonable advance notice. In addition, if any change is proposed to the purpose, scope, location, or beneficiaries of the proposed project or if the CDBG project budget changes by more than 25 %, the public will be notified and afforded an opportunity for additional input. 2 h Jb/karen/98edif/citpar.doc ATTACHMENT B Citizen Partici anon Plan Page 3 Provide the place, telephone number, and times when citizens are able to submit written complaints or grievances, and the process the City of Owasso will use to provide a timely, written response to such complaints or grievances. Citizens with comments or grievances on the 2007 CDBG process may submit them in writing or in person at the City Hall during regular business hours or may call (918) 376 -1500. The City of Owasso will respond to such comments or grievances within fifteen (15) working days, where practicable. By formally adopting this Citizen Participation Plan, the City of Owasso City Council accepts the responsibility for implementing its provisions. The City Council further charges all employees and contractors with the responsibility of implementing this plan and living up to the spirit of the citizen participation requirements of the 2007 CDBG program. Adopted this 19th day of June, 2007, by the City Council of the City of Owasso. ATTEST; Clerk's Signature Mayor's Signature h. jb/karen/98edif/citpar. doc City of Owasso Low & Moderate Income Areas By Year 2000 Census Block Groups 7 /` Bl \ Group Carsus rat cl N""ber Number Legend Percent Low -Mod Less than 51.00% 51.00% or Greater OOwasso Corporate Limits Streets V Prepared by INCOG April 2003 Data Soume. vnvw.hud.gov 0 1 2 Miles MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: FIREWORKS DISPLAY SPONSORED BY THE CITY OF OWASSO DATE: June 13, 2007 A City of Owasso sponsored fireworks display is planned to be conducted on Tuesday evening July 3, 2007. City Code requires approval from the City Council for any public display of fireworks within the city celebrating Independence Day. A copy of that section of the City Code as it relates to fireworks displays is attached for your information and review. Representatives of both the Fire and Police Departments have been consulted in order to coordinate the event and address safety concerns. It appears that those issues concerning public safety are being adequately addressed. Imperial Fireworks Company will once again present the fireworks display. The display will be open to the public and will be located at the Owasso High School stadium. Gates to the stadium will open at 7:00 PM, with a brief program beginning at 8:30 PM. The fireworks will begin at approximately 9:45 PM. RECOMMENDATION: Staff recommends Council approval of the City sponsored fireworks display on July 3, 2007. ATTACHMENT: 1. City of Owasso Code of Ordinances relating to fireworks 2. Imperial Fireworks Company liability insurance. Offenses and Crimes 10. Committing any other act in such a manner as to unreasonably disturb or alarm the public. (Prior Code, Secs. 14 -41, 14 -42, 14 -55, 14 -56) SECTION 10 -302 INSULTING SIGNS, LITERATURE OR LANGUAGE A. It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault. B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where: 1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -58) SECTION 10 -303 LITERATURE OR LANGUAGE RIDICULING RELIGION It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -59) SECTION 10 -304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; b. The event must be open to the public, free of charge; Page 10 -16 i Offenses and Crimes C. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. (Prior Code, Sec. 8 -17; Ord. No. 354, 7/1/86) Cross Reference: Fire Prevention Code, Section 13 -101. State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22 -110. SECTION 10 -305 STORING OR KEEPING EXPLOSIVES It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. SECTION 10 -306 CARRYING WEAPONS, EXCEPTIONS A. It is unlawful for any person, except those persons authorized by law, to carry upon or about their persons or in their vehicles any weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring -type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self- Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), or such amount as may otherwise be provided in 21 O.S. § 1289.13A (A), plus court costs, for transporting a firearm improperly. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self - Defense Act or any provision of lay from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to the license shall not be confiscated unless: 1. The person is arrested for violating another provision of law other that that set forth in subsection (B) of this ordinance; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charged are dismissed or the person is acquitted, the weapon shall be returned to the person. 2. The officer has probable cause to believe the weapon is: a. contraband; or b. a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. Page 10 -17 85/31/2087 13:15 918- 4963933 IMPERIAL FIREWORKS PAGE 02 AGORD— CERTIFICATE OF LIABILITY INSURANCE DATEIMAIDOITrrr, 5/25!2007 MOUC94 Allied Spealaky Insurance at Texas, Inc. 85 N.E. Loop 410, Suits 600 San Antonio, TX 76216 210.341 -1321 • 800.235.8774 THIS CERTIFICATE IS ISSUED AS A MATTER �OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON E CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AM N0, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE OLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC s mum- IMPERIAL FIREWORKS 12809 S. 285 E. AVENUE COWETA, OK 74429 INSURER A T.M.E. In rance Company INSURER B INSURER C f 1,00D,000 A INSURER 0 trLAIMS ERCIAL GENERAL LIABILFTY MADE © OCCUR INguRER E P L,n E I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERM INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. GENERAL LMBIUfY POLICY NVMB[R Pom EPPECTIVa I PPOLICv E><PIRAroN i EACH OCCURRENCE f 1,00D,000 A trLAIMS ERCIAL GENERAL LIABILFTY MADE © OCCUR P L,n E I f 60,000 MED EXP I one I1WI) f M7MT4802 6/1/2007 6/1/2005 I PERSONAL E ADV INJVgY a 1 000 000 0 CNErAL AGGREGATE f 6.0w 000 PRODUCTS - COMP/DP 0 f 1,000 00 GEN'L AGGREGATE L"'i APPP`J'` ES PER- POuCv Z I ILOC A)TOMDMILI LIABILITY ANY AM CO EO6WGLFUM4T f ALL OWNED AUTOS SCHEDULED AUTOS OOD'ty INJURY (Pei pe'so,,) f HIRED AUTOS NON•OWNED AUTOS BODILY IN,IVRr (Pei WCIDeeI) f PROPERTY DAMAGE i GAP"Ii UANLT" AUTO ONLY . EA ACCIDEW S OTHER THAN EA APC ANY AUTD I i AUTO ONLY: APO EXORBBAINMIELLA UAMLrrY i OCCUR CLAIMS MADE I EACH OCCURRENCE S AGGREGATE f OEOVCTSLE i RETENTION f WORKERS COWENBATION AND �. EIAPLAYOW L IABWTT ANY PROPRIETORIPARrNE1VEXECVTIVE WFICE"MBER EXCLUDEOT cl Y pYer. ,ks dn I %d k SPECIAL PROVISIONS OYbwr ( E L EACH ACCIDENT S E L. OLSEASE • FA EWLOTEE f E DISEASE - POLICY L i OTHER i DESCRIPTION Of OPERATIONS 1 LOCATIDNB / VEHICLES 1 EXCLL111410" ADDBD By ENDORSEMEM I SPECIAL PROVIi401,13 FIREWORK DISPLAY DATE: July 3, 2007 RAIN DATE: following clear night LOCATION: Football Stadium ADDITIONAL INSURED AS RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY: Owasso Public Schools .. �••••�• • Lu AIVL.CLLA IIVN City of Owasso i SHOULD ANY OP THE ADOYE DESCRIBED POUCIES BE CM CEL►EO 02POK THE EXPIRATION 1 1 1 I North Main DATE THEREOF, THE 166IA64 NLUReR WILL 1510EAVOR TO M" �Vjg__ DAVE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T"E LEFT, MET FMLURE TO DO EO SHALL OWds30� OK. 74055 I?kWQGC NO OSLIOATION OR LIABILITY OF ANY KWNO VPON THE INSURER, ITS AQENTS OM CERTIFICATE 8 014 ACORD 25 (2001108) AUTHORIZED R EPR ea 4 ION MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: FIREWORKS DISPLAY SPONSORED BY OWASSO GOLF AND ATHLETIC CLUB DATE: June 13, 2007 The Owasso Golf and Athletic Club has submitted a letter requesting City Council approval of a public fireworks display. The display is planned to be conducted on Sunday evening, July 1, 2007. City Code requires approval from the City Council for any public display of fireworks within the city celebrating Independence Day. A copy of that section of the City Code as it relates to fireworks displays is attached for your information and review. Representatives of both the Fire and Police Departments have been consulted in order to coordinate the event and address safety concerns. It appears that those issues concerning public safety are being adequately addressed. The Owasso Golf and Athletic Club sponsored celebration will be presented by Western Enterprises. The display will be open to the public and will be located on the driving range at the Owasso Golf and Athletic Club facility on E. 86th Street North between N. 129th and N. 145th E. Avenues. The show is scheduled to begin at dusk. RECOMMENDATION: Staff recommends Council approval of the Owasso Golf and Athletic Club sponsored fireworks display on July 1, 2007. ATTACHMENT: 1. Letter from Owasso Golf and Athletic Club 2. City of Owasso Code of Ordinances relating to fireworks 3. Western Enterprises liability insurance. JUN -06 -2007 01:06 FROM:OWASSO GOLF 9182744886 TO:9182724998 P.1/1 Dear Rodney Ray, Owasso Golf & Athletic Club would like to rcqucst permission to have a Fireworks display on July 1" 2007. The display would be presented just after dark and would be open to the public, Thank you, Mar ,Carey General Manage' Owasso Golf & Athletic Club Offenses and Crimes 10. Committing any other act in such a manner as to unreasonably disturb or alarm the public. (Prior Code, Secs. 14 -41, 14 -42, 14 -55, 14 -56) SECTION 10 -302 INSULTING SIGNS, LITERATURE OR LANGUAGE A. It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault. B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where: 1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -58) SECTION 10 -303 LITERATURE OR LANGUAGE RIDICULING RELIGION It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -59) SECTION 10 -304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; b. The event must be open to the public, free of charge; Page 10 -16 Offenses and Crimes C. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. (Prior Code, Sec. 8 -17; Ord. No. 354, 7/1/86) Cross Reference: Fire Prevention Code, Section 13 -101. State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22 -110. SECTION 10 -305 STORING OR KEEPING EXPLOSIVES It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. SECTION 10 -306 CARRYING WEAPONS; EXCEPTIONS A. It is unlawful for any person, except those persons authorized by law, to carry upon or about their persons or in their vehicles any weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring -type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self- Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), or such amount as may otherwise be provided in 21 O.S. § 1289.13A (A), plus court costs, for transporting a firearm improperly. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self- Defense Act or any provision of lay from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to the license shall not be confiscated unless: 1. The person is arrested for violating another provision of law other that that set forth in subsection (B) of this ordinance; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charged are dismissed or the person is acquitted, the weapon shall be returned to the person. 2. The officer has probable cause to believe the weapon is: a. contraband; or b. a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. Page 10 -17 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6D13( 2007vY) PRODUCER Phone: 440- 248 -4711 Fax: 440 -248 -5406 Britton - Gallagher and Associates, Inc. 6240 SOM Center Rd. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cleveland OH 44139 POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A:Lexington Insurance CO 2/15/2007 Western Enterprises, Inc. INSURERB:Granite State Insurance Co. $1,000,000 P.O. Box 60 Rte 2 Box 1960 INSURERC:Arch Specialty Ins Co MED EXP (Any one person) $ PERSONAL & ADV INJURY Carrier OK 73727 INSURERD: INSURER E: nwro w i+rc� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT IN%RD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A Attn: GENERAL LIABILITY CLAIMS MADE IX-1 OCCUR N:7011 MERCIALGENERALLIABILITY 6990177 2/15/2007 2/15/2008 EACH OCCURRENCE $1,000,000 DAMAGE 0 RENTED PREMISES E.occurence $50 000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP /OPAGG $2,000,000 POLICY X JPF LOC B AUTOMOBILE X LIABILITY ANY AUTO CA93835945 2/15/2007 2/15/2008 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON - OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ GAR AGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO $ AUTOONLY: AGG L'' EXCESS /UMBRELLA LIABILITY X I OCCUR CLAIMS MADE ULP0004577 215/2007 2/152008 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 WC STATU- OTH- WORKERS COMPENSATION AND TORY LIM E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS DITIONAL INSUREDS: Owasso Golf & Athletic Club & its Agents; City of Owasso; Lindsey Management Company, Inc. Display Date: July 1, 2007 Location: Owasso Golf & Athletic Club; Owasso, Oklahoma 1"CDT1n!`ATC unl ne=D CANCELLATION ACORD 25 (2001108) ©AI.VKU UUMrVKA 11V1V lyoo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Owasso Golf & Athletic Club WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Attn: Mark Carey CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 13604 E. 84th North SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Owasso OK 74055 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r j% ACORD 25 (2001108) ©AI.VKU UUMrVKA 11V1V lyoo MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: FISCAL YEAR AUDIT DATE: June 12, 2007 BACKGROUND: City charter and state statutes require that an independent accountant perform an annual audit of the City's finances. In April 2006, the City accepted five -year audit proposals for auditing services from public accounting firms. Those proposals included an option to extend the agreement each year with an annual escalated fee for the services provided. The firm of Cole & Reed, P.C. was selected and a one -year contract was approved by City Council. Approval of an extension to the current contract will allow the firm to schedule their audit plan for the coming fiscal year end. The Audit Engagement Letter is attached for your review. The not -to- exceed fee of $35,000 stated in the current contract is consistent with the fees in the original five -year audit proposal and the single audit requirement. The Audit Committee has reviewed and is satisfied with the quality, expertise and cooperation provided by the firm and wishes to continue to utilize the services of Cole & Reed, P.C. as auditors for the City and its trust authorities. RECOMMENDATION: The Audit Committee recommends that the City Council approve a one year extension to the current contract and retain Cole & Reed, P.C. as auditors for the fiscal year ending June 30, 2007. ATTACHMENTS: Cole & Reed, P.C. Audit Engagement letter dated May 16, 2007 City of Owasso Audit Committee Memorandum dated June 4, 2007 May 16, 2007 City Council City of Owasso Owasso, Oklahoma This letter is to explain our understanding of the arrangements for the services we are to perform for the City of Owasso for the year ending June 30, 2007. We ask that you either confirm or amend this understanding. We will perform an audit of City of Owasso's governmental activities, business -type activities, the discretely presented component unit, each major fund, and aggregate remaining fund information as of and for the year ending June 30, 2007, which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in accordance with accounting principles generally accepted in the United States of America The objective of an audit of financial statements is to express an opinion on those statements. We will also perform the audit of the City of Owasso as of June 30, 2007 so as to satisfy the audit requirements imposed by the Single Audit Act and the U.S. Office of Management and Budget (OMB) Circular No. A -133. We will conduct the audit in accordance with auditing standards generally accepted in the United States of America; Government Auditing Standards, issued by the Comptroller General of the United States; and the provisions of the Single Audit Act, OMB Circular A -133 and OMB's Compliance Supplement. Those standards, circulars, supplements or guides require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. As a result, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit will provide a reasonable basis for our reports. In addition to our report on the City's financial statements, we will also issue the following reports or types of reports: 531 Couch Dr. Suite 200 TFi 405.239.7961 Oklahoma City, OK ka OS 235 0042 73102 -2251 F, K�: www.coleandreed.com A report on the fairness of the presentation of the City's schedule of expenditures of federal awards for the year ending June 30, 2007. Reports on internal control related to the financial statements, and major programs. This report will describe the scope of testing of internal control and the results of our tests of internal controls, if any are performed. Reports on compliance with laws, regulations, and the provision of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements, and any noncompliance which could have a direct and material effect on each major program. A schedule of findings and questioned costs. The funds that you have told us are maintained by the City of Owasso and that are to be included as part of our audit are as follows: 1. General Fund — 1 2. Special Revenue Funds — 10 3. Capital Projects Funds — 3 4. Enterprise Funds — 2 5. Internal Service Funds — 4 6. Agency Funds — 1 The component unit whose financial statements you have told us are to be included as part of the City of Owasso's is the Owasso Economic Development Authority. The federal financial assistance programs that are to be included as part of the City's Single Audit includes, but is not limited to the U.S. Environmental Protection Agency - Passed Through the Oklahoma Water Resources Board — Safe Drinking Water State Revolving Fund — CFDA No. 66.468. Our report(s) on internal control will include any reportable conditions and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and circular identified above. Our report(s) on compliance will address material errors, fraud; violations of compliance requirements, and other responsibilities imposed by state and federal statutes and regulations and assumed by contracts; and any state or federal grant, entitlement of loan program questioned costs of which we become aware, consistent with requirements of the standards and circulars identified above. If circumstances arise relating to the conditions of your records, the availability of sufficient, competent evidential matter, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, misappropriation of assets, or noncompliance which in our professional judgment prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawal from the engagement. As you know, management is responsible for 1) the preparation of City of Owasso's financial statements and the schedule of expenditures of federal awards, 2) establishing and maintaining effective internal control over financial reporting and safeguarding assets and internal control over compliance, including monitoring ongoing activities, and for informing us of all significant deficiencies in the design or operation of such controls of which it has knowledge, 3) properly recording transactions in the records, 4) identifying and ensuring that City of Owasso complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations, 5) the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control and others where the fraud could have a material effect on the financial statements, 6) informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, regulators, or others, 7) making all financial records and related information available to us, 8) for adjusting the financial statements to correct material misstatements, 9) following up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit findings, and a corrective action plan, and 10) report distribution including submitting the reporting package. At the conclusion of our audit, we will request certain written representations from management about the financial statements and matters related thereto. We will also require that you affirm to us that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The City Council is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud affecting the entity. We will also determine that certain matters related to the conduct of the audit are communicated to the City Council including 1) fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements, 2) illegal acts that come to our attention (unless they are clearly inconsequential), 3) disagreements with management and other serious difficulties encountered in: performing the audit, and 4) various matters related to the entity's accounting policies and financial statements. The working papers for this engagement are. the property of Cole & Reed P.C. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit working papers upon their request; and that we shall maintain the working papers for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of Cole & Reed P.C. audit personnel and at a location designated by our Firm. The two overarching principles of the independence standards of the "Government Auditing Standards" issued by the Comptroller General of the United States provide that management is responsible for the substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed judgment on the results of the services described above. We currently do not anticipate providing any non -audit services to the City of Owasso. Should that change, however, the services to be performed will be subject to a separate arrangement letter. Further, the City of Owasso agrees to the following with respect to any such non -audit services: Ms. Angela Hess will be accountable and responsible for overseeing any non -audit services provided by Cole & Reed P.C. The City of Owasso will establish and monitor the performance of any such non -audit services to ensure that they meet management's objectives. The City of Owasso will make any decisions that involve management functions related to any such non -audit services and accepts full responsibility for such decisions. The City of Owasso will evaluate the adequacy of services performed and any findings that result. During the course of our engagement, we may accumulate records containing data which should be reflected in your.books and records. You will determine that all such data, if necessary, will be so reflected. Accordingly, you will not expect us to maintain copies of such records in our possession. From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third -party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. The assistance to be supplied by organization personnel, including the preparation of schedules and analyses of accounts, will be discussed and coordinated with Ms. Angela Hess, Director of Finance. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter will not exceed $35,000, including direct expenses, unless the scope of the engagement is changed, the assistance which the City of Owasso has agreed to furnish is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment.] When delivered to the City of Owasso, the audit reports and financial statements produced under this contract are public records and will be used (a) to fulfill the requirements of continuing disclosure under SEC rule 15c2 -12, (b) as inserts or incorporated by reference in offering documents issued by the City of Owasso, and (c) for any lawful purpose of the City of Owasso, all without subsequent consent. If you decide to include, publish or otherwise reproduce the financial statements and our report thereon at a date subsequent to their original issuance, such as for inclusion in a bond offering, prospectus or other similar document, our firm is presumed not to be associated with such document, and we have no obligation to perform any procedures with respect to such document. If, however, management takes certain actions, such as requesting a written consent form from us prior to including our audit report in such an offering document, our firm then becomes associated with the offering and in accordance with professional standards, we will be required to perform certain limited procedures with respect to unaudited information contained in the document. Fees for reissuance or inclusion of our audit report in such a document will be based on our standard hourly rates. In addition to the requested bound and unbound copies of the report, we will also provide you with an electronic version of the complete report. In accordance with Government Auditing Standards, a copy of our most recent peer review report is enclosed, for your information. If this letter defines the arrangements as you understand them, please sign and date the enclosed copy, and return it to us. We appreciate your business. Cole & Reed P.C. Mike Gibson, Partner Confirmed on behalf of the addressee: Signature Title Date A unp CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS December 2, 2004 To the Shareholders Cole & Reed, P.C. and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Cole & Reed, P.C. (the firm) applicable to non -SEC issuers in effect for the year ended June 30, 2004. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board ( PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance. with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system -may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Cole & Reed, P.C. in effect for the year ended June 30, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the.year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. Brady, Martz & Associates, .C. BRADY, MARTZ & ASSOCIATES, P.C. 401 Demers Avenue Suite 300 P.O. Box 14296 Grand Forks, ND 58208 -4296 (701) 775 -4685 Fax (701) 795 -7498 OTHER OFFICES: Minot and Bismarck, ND RSEV4 McGladrey Nei-work Thief River Falls, MN Anlndepa)(WNowNMenber Attachment to the Peer Review Report of Cole & Reed, P.C. Description of the Peer Review Process Overview Finns enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating whether: The reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines . every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific follow -up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of Cole & Reed, P.C., we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Performing the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers Based on our assessment of the combined level of inherent and control risks, we identified practice units and selected engagements within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements performed under the Government Auditing Standards, and audits of Employee Benefit Plans. The engagements selected for review represented a cross - section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DOROTHY D. CARSON CITY OF OWASSO AUDIT COMMITTEE, CHAIR SUBJECT: FISCAL YEAR AUDIT DATE: June 4, 2007 BACKGROUND: In April 2006, the city accepted proposals for auditing services from public accounting firms. Those proposals included a fixed fee for each of the five years. The firm of Cole & Reed, P.C. was selected and a one year contract was approved by City Council. The Audit Committee is satisfied with the quality, expertise and cooperation provided by the firm and wishes to continue to utilize the services of Cole & Reed, P.C. as auditors for the City and its trust authorities. RECOMMENDATION: The Audit Committee recommends that the City Council retain Cole & Reed, P.C. as auditors for the fiscal year ending June 30, 2007. Dorothy D. Car6n City of Owasso Audit Committee, Chair MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: EASEMENT DEDICATIONS (2) FIRE STATION NO.3 N. 117" E. AVENUE LIFT STATION DATE: June 15, 2007 BACKGROUND: In order to allow for the establishment of utility services to Fire Station #3, as well as planned residential development south and east of the N. 117th E. Avenue Lift Station, staff and Public Service Company of Oklahoma is requesting the designation and Council approval of two utility easements. The first easement, for Fire Station #3, would allow for the designation of a utility easement from N. 145th E. Avenue (point of beginning) to the facility. Because the property is unplatted, the designation of a utility easement is necessary in order to provide utility providers with a defined and designated area in which to provide utility services to Fire Station #3. The second easement, located on the property partially occupied by the N. 117th East Avenue Lift Station, would allow for Public Service Company of Oklahoma to design and provide transmission lines for the purpose of providing electrical service to developing residential property south and east of the facility. Both easement requests have been reviewed by Ms. Lombardi and should not impact the current City operations and/or planned expansion in either area. RECOMMENDATION: The staff recommends Council dedicate the utility easements as presented and authorize the Mayor to execute the necessary documents. ATTACHMENTS: 1. Easement request for Fire Station No. 3 2. Easement request for N. 117 th E. Avenue Lift Station UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of value received, the undersigned owner or owners, as the case may be, do hereby grant and dedicate to the public, for public use, a utility easement over and across the following described property situated in the County of Tulsa, State of Oklahoma, to -wit: See Attached Exhibit "A" with ingress and egress to and from the same; which utility easement and grant shall be for the several purposes of constructing, maintaining, operating, repairing, and removing any and all public utilities, including, but not limited to, storm and sanitary sewers, telephone and electric lines, poles and fixtures, natural gas and waterlines, and other appurtenant appliances; and together with all rights and privileges incident thereto, and the right to remove or trim trees when the same interfere with said utilities. TO HAVE AND TO HOLD the said utility easement and grant unto the public for public use, forever; the consideration hereof being in full payment for the rights and privileges herein granted. EXECUTED this day of , 2007. Stephen Cataudella Mayor City of Owasso, Oklahoma Attest: Sherry Bishop, City Clerk STATE OF Oklahoma } ss. ACKNOWLEDGMENT COUNTY OF Tulsa Before me, the undersigned, a Notary Public in and for said County and State, on this day of, , 2007, personally appeared Stephen Cataudella, to me known to be the identical person who subscribed the name of the maker thereof to the within and foregoing instrument as its grantee and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of the City of Owasso, for the uses and purposes therein set forth. Given under my hand and seal of office the day and year last above written. My Commission Expires: NOTARY PUBLIC My Commission Number: EXHIBIT "A" LOCATED IN THE SOUTHEAST (SE /4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M. TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE E/4 CORNER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY OKLAHOMA, THENCE S 01-18'48" E A DISTANCE OF 796.71', THENCE S 88 °40'04" W A DISTANCE OF 50.00' TO THE POINT OF BEGINNING (POB), THENCE S O1 °18'47" E A DISTANCE OF 7.50, THENCE N 89 028'44" W A DISTANCE OF 153.01', THENCE N 09 021'55" E A DISTANCE OF 124.34', THENCE N 89 027'32" E A DISTANCE OF 12.49', THENCE S 00 032'28" E A DISTANCE OF 10.00', THENCE S 89 °27'32" W A DISTANCE OF 4.66', THENCE S 09 021'55" W A DISTANCE OF 99.19', THENCE S 89 °2844" E A DISTANCE OF 140.65', THENCE S 01 ° 18'47" E A DISTANCE OF 7.50' TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS E. 100th STREET N. - - N 89'27'32" E 12.49' 1659 &14 Comer Section 16 ,V-480597.735 C-26131JO.J66 R-714.80 T112" /mn An Found i i i I S 1.18' g 7" E L------ - - - - -- -- - ------ 7 -5 °— 5347 1 140.65' I S 88-40-04 /-n Rh Fo POBf. -- 50.00' L---- ------------- ---------- - - - - -- -/ 9'T8'44" W — - 153.01' S 1.18'47-j/ 7.50' FIRE STATION #3 UTILITY EASEMENT Legend --------- = EASEMENT 0 North FOR INFORMA" NOT INTENDV jUlk"HESUNT AN ACCURATE ANN 'rl�uE' USE 01" 7141IS MAP IS WWTI V�.ARRANTY OR REPRESENTATION BY CITY OF OWASSO r�`- , I " I� (Di! W TO Im z CJ I W CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 ' S Od32 ?8- E —10.00 S 89*&12" W LU i1 0) z 1659 &14 Comer Section 16 ,V-480597.735 C-26131JO.J66 R-714.80 T112" /mn An Found i i i I S 1.18' g 7" E L------ - - - - -- -- - ------ 7 -5 °— 5347 1 140.65' I S 88-40-04 /-n Rh Fo POBf. -- 50.00' L---- ------------- ---------- - - - - -- -/ 9'T8'44" W — - 153.01' S 1.18'47-j/ 7.50' FIRE STATION #3 UTILITY EASEMENT Legend --------- = EASEMENT 0 North FOR INFORMA" NOT INTENDV jUlk"HESUNT AN ACCURATE ANN 'rl�uE' USE 01" 7141IS MAP IS WWTI V�.ARRANTY OR REPRESENTATION BY CITY OF OWASSO r�`- , I " I� (Di! W TO Im z CJ I W CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 PSO Agent: Joyce Sanborn/Evelyn Shelton P.O. Box 201 Area No: D -6098 W.R. #: Tulsa, OK 74102 OK 07 RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That: Owasso Public Works Authority, an Oklahoma corporation, hereinafter referred to as "Grantor(s) ", for the sum of One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which as consideration for any and all direct and indirect, current damage, injury or diminution in value to the property covered by this easement, or the property of Grantor(s) adjacent thereto is hereby acknowledged, hereby grants, bargains, sells, and conveys unto PUBLIC SERVICE COMPANY OF OKLAHOMA, an Oklahoma corporation, its successors and assigns, hereinafter referred to as "Grantee ", an easement consisting of the perpetual right, privilege and authority to construct, operate, maintain, reconstruct and remove a line or lines of structures with wires, fixtures and other equipment related thereto (whether located on the ground or on said structures) for the transmission of electrical current and other forms of energy and for the transmission or communication of data, audio and video information upon, over, under and across a portion of a tract or parcel of land owned by Grantor(s). Such tract or parcel is located in Section 32, Township 21 North, Range 14 East, I.B. &M., Tulsa County, State of Oklahoma, and is described as follows: The West 100 feet of the East 470 feet of the North 100 feet of the N/2 NE /4 NE /4 SW /4 of Section 32, Township 21 North, Range 14 East of the I. B. & M., Tulsa County, Oklahoma. The overhead easement and right -of -way granted hereby is more fully described as follows: The North 20 feet of the above - described tract, with the right to install downguys and anchors off right -of -way at points of angle. For the same consideration, Grantor further grants unto said Grantee, the perpetual right, privilege and authority: to cut down, trim, treat and dispose of any trees and undergrowth on said easement or on the Grantor's property contiguous thereto which, in Grantee's sole judgment, interfere or threaten to interfere with Grantee's structures, lines, fixtures and equipment, or with Grantee's ability to construct, operate, maintain, reconstruct or remove said structures, lines, fixtures and equipment; to prevent the placement of any structure within said easement; to set the necessary guy and brace poles or anchors and to attach all necessary guy wires thereto; to enter upon the said easement over, under and across the Grantor's other property adjacent to said PSO P.O. Box 201 Tulsa, OK 74102 Section 32, T21N, R14E easement for the purpose of constructing, operating, maintaining, reconstructing and removing its said structures, lines, fixtures and equipment; and to construct, operate, maintain, reconstruct, and remove such line or lines upon, over, under and across said easement. The failure of Grantee to exercise any of the rights granted hereby, in whole or in part, for any period of time shall not be deemed to constitute a waiver, release, abandonment or limitation of such easement, right, privilege or authority. Grantor(s) hereby reserves the right to make such use of the land included within the easement as is not inconsistent with the rights, privileges and authorities granted hereby. Grantor(s) hereby warrants unto Grantee that Grantor(s) will defend the easement and all rights, privileges and authorities hereby granted against every person or persons who may lawfully claim an interest in the property of Grantor(s) contrary thereto. Grantor(s) hereby acknowledges that this document contains the entire agreement between Grantor(s) and Grantee regarding the easement, rights, privileges and authority granted herein and that Grantor is not relying upon any oral or written representations or assurances given by Grantee in connection with the negotiations for this document. Any special agreements between Grantor(s) and Grantee shall be in writing, and signed by both parties. SIGNED AND DELIVERED this day of May, 2007. Owasso Public Works Authority Lo-n Title: PSO P.O. Box 201 Tulsa, OK 74102 (Acknowledgment) State of Oklahoma ) )SS. County of The foregoing instrument was acknowledged before me this as Works Authority, on behalf of the Authority. My Commission Expires: My Commission Number: (SEAL) Section 32, T21 N, R1 4E day of May, 2007, by of the Owasso Public Notary Public tii� R a� � �11 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CDBG EDIF NSP - PUBLIC HEARING FOR GRANT CLOSE -OUT AND APPROVAL OF CLOSEOUT DOCUMENTS DATE: June 15, 2007 BACKGROUND: Community Development Block Grants (CDBG) are funding packages provided by the federal government (and administered by the state government) to facilitate infrastructure projects in designated neighborhoods of low to moderate income. A type of CDBG is Economic Development Infrastructure Funds (EDIF). EDIF funds are made available for industrial companies to use in accomplishing capital projects such as waterlines, wastewater lines, drainage, streets, etc. An example of a previous CDBG EDIF is the storm water drainage /parking lot improvements project that was performed at Precision Components on 5ffi Avenue. In 2004, the City of Owasso applied for grant funds in order to develop storm water improvements to the existing site location of National Steak and Poultry (NSP), located on 5`h Avenue in Owasso. INCOG worked with municipal staff and NSP to submit an application for the Oklahoma Department of Commerce (ODOC) CDBG EDIF. This application was approved by ODOC and subsequently constructed. The total cost of the CDBG part of the project was $100,000. The City of Owasso is starting the close -out process for the CDBG NSP project. The first requirement for the close -out is to conduct a public hearing to invite public comment on the work that was accomplished. At a later meeting, the staff will present close -out documents to the City Council for approval on the consent agenda. The second requirement for the close -out is for the City Council to authorize the Mayor to approve the grant' s close -out documents. RECOMMENDATION: The staff recommends the City Council hold a public hearing to gather public input on the stormwater improvements constructed at NSP under the CDBG EDIF. Further, the staff recommends Council authorization for the Mayor to execute the close -out documents. ATTACHMENTS: 1. Correspondence from INCOG dated May 25, 2007 2. Public Hearing Notice 3. Close -out documents Memo T« OWASSO CITY COUNCIL Fronx ANDY ARMSTRONG CC: ERIC WILES Date: 5/25/2007 Re: NATIONAL STEAK AND POULTRY PROJECT CLOSEOUT ACTIVITIES The Oklahoma Department of Commerce (ODOC) has monitored the NSP Parking and Drainage Facility Economic Development project in Owasso. Construction activities were completed some time ago. NSP has provided documentation of 184 individuals hired into jobs made available at the company's expanded facility located in Owasso, allowing the City to request that the project be closed out. Our staff has prepared Closeout Documents for the City's consideration and recommends that the City Council and staff review these documents and approve their submittal to ODOC at the June 19th City Council Meeting. A second public hearing should be held on the project, offering the public a chance to comment on the City's performance in regard to the project and its impact upon Owasso. Our staff has prepared a public hearing notice, which should be posted 7 to 10 days in advance of the hearing. Again, our recommendation is that the city staff schedule a hearing as a Council Agenda item at the June 19th Meeting. Our staff will attend the meeting and offer comments and assistance if necessary. REQUEST FOR ACTION: The INCOG Staff recommends that the Owasso City Council take the following actions in its June 19, 2007, City Council Meeting: • Hold a CDBG Economic Development Performance Hearing. Authorize the Mayor to sign and submit Close -out Documents for the National Steak and Poultry CDBG EDIF Project • Page 1 NOTICE OF PUBLIC HEARING A public hearing has been set for June 19, 2007 at 6:30 p.m. in the City Council Meeting Room in Old Central, 109 North Birch, in the City of Owasso, Oklahoma. The purpose of this hearing is to receive comments on the performance of the City in regard to the completion of a new parking and drainage facility designed to serve an expansion of the National Steak and Poultry Processing Plant. These facilities were built, in part, with a CDBG EDIF grant from the Oklahoma Department of Commerce (11599 CDBG ED 04). Any comments received will be considered by the Owasso City Council as part of project closeout activities required by the Oklahoma Department of Commerce. Citizens are requested to participate in the hearing and express their views on this economic development project and it's impact on the community. Posted: 7 s O O Date By. G� . ! * Community Development Director Attachment 1 Page 1 of 9 CDBG 2004 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) OFFICE OF COMMUNITY DEVELOPMENT (OCD) CDBG CLOSEOUT DOCUMENTS Contractor Name and Address: City of Owasso Contract Number: 11599 CDBG ED 04 PO Box 180 Owasso, OK 74055 -0180 Contract Period: From: February 7, 2005 To: February 7, 2007 Preparer /Contact Person: Andy Armstrong Telephone: (918) 584 -7526 X 1. Final Expenditure Report (CD or ED) X 2. Contract Closeout Certification I, as authorized representative of the Contractor listed above, X 3. Program Beneficiary Report hereby submit the documents listed as required by the terms of the contract. X 4. Proof of Second Public Hearing X 5. Final Wage Compliance Report NA 6. Proof of Insurance Chairman or Chief Elected Official Date X 7. Board Minutes Accepting Completed Project X 8. Final Engineering Inspection Report FOR ODOC USE ONLY Reviewer Comments Date Monitored Date All Findings Resolved Project Manager Initials Date PER Review Initials Date Initials Date Team Leader Initials Date Fiscal Division Review Initials Date Total Contract: IDIS Project Number IDIS Activity Number Federal Match Total Total Accrued Expenditures Balance Deobligated Requirement 410 Closeout Attachment 1 Page 2 of 9 CDBG FINAL EXPENDITURE REPORT Economic Development Contractor Contract Number City of Owasso 11599 CDBG -ED 04 Interest Reconciliation Total Interest Earned $ -0- Total Interest Expended $ -0- Balance of Unexpended Interest $ -0- Cost Category Code Total Expenditures Budget Remaining Balance 1. Facility Construction Loans 551200 2. Infrastructure Improvements 551201 100,000.00 100,000.00 0.00 3. Equipment/Inventory Loans 551202 4. Commercial Rehabilitation Loans 551203 5. Industrial Rehabilitation Loans 551204 6. Other 551205 7. Furniture & Fixtures 551206 8. Land and Building 551207 9. Machinery and Equipment 551208 10. Inventory 551209 11. Working Capital 551240 12. Engineering, Legal and other Professional 551241 13. Total CDBG Project Cost (Total of lines 1 -12) 100,000.00 100,000.00 0.00 14. CDBG Administration 551010 0.00 0.00 0.00 15. TOTAL CDBG COST (lines 13 +14) 100,000.00 100,000.00 0.00 16. TOTAL MATCH FUNDS 555230 1,883,255.00 1,883,255.00 0.00 17. GRAND TOTAL (lines 15 & 16) 1,983,255.00 1 1,983,255.00 0.00 Requirement 410 Closeout t-ontractor: miry or vwasso Contract Number: 11599 CDBG ED 04 CDBG PROGRAM BENEFICIARY REPORT — PROGRAM BENEFITS Attachmc Page 4 PROGRAMACHVITY Units Com- pleted Total Number of Benefici- aries Low and Moderate - Income RACE Black or African Amer. RACE Amer. Indian or Alaskan Native RACE Asian RACE Native Hawaiian OR Pacific Islander RACE White RACE Other ETHNICITY Hispanic Or Latino ETHNICITY Not Hispanic Or Latino Disabled Femal Head c Househ4 1. Housing Rehabilitation 2. Housing Support 3. Rehabilitation — Rental Demo 4. Acquisition and Disposition 5. Relocation 6. Clearance 7. Utilities 8. Water System 9. Sewer Svstem 10. Solid Waste 11. Community Facilities 12. Neighborhood Facilities 13. Senior Citizens Center 14. Other Facilities/Center 15. Removal of Arch. Barriers 16. Public Services 17, Code Enforcement 18. Recreation 19. Fire Protection 20. Parking 21. Streets 22. Flood and Drainage 23. ED — Facility Construction Loans 24, ED — Infrastructure Improvement 184 161 0 0 0 0 30 0 154 30 NA 5 25. ED — Equipment/Inventory Loans 26. ED — Commercial Rehab. Loans 27. ED — Industrial Rehab. Loans 28. ED — Other NUMBER OF BENEFICIARIES BY CATEGORY SHOULD BE REPORTED FOR EACH PROGRAM ACTIVITYBUDGETED. Requirement 410 Closeout Attachment 1 Page 5 of 9 CONTRACT CLOSEOUT CERTIFICATIONS Contractor Name: City of Owasso Contract Number: 11599 CDBG ED 04 L FINAL CASH RECONCILIATION A. Total Cash Received Under This Contract (Include Cash in Transit) $ 100,000.00 B. Less: Total Accrued Expenditures This Contract $ 100,000.00 . C. Excess Cash on Hand to be Refunded to ODOC $ -0- D. I certify that the expenditures reported are taken from the original books of account and that such expenditures are valid and consistent with the terms of this contract. E. I further certify that the attached check in the amount of $ fully represents all money received for but not expended in performance of this contract. (Same as Line C above). F. This amount is refunded to ODOC in accordance with the terms of the contract H. RELEASE A. Pursuant to the terms of this contract and in consideration of the Total Accrued Expenditures referred to in Line B above which have been paid or will be paid to the Contractor, upon payment of any remaining balance to ODOC), the Contractor does hereby remise, release, and discharge the State of Oklahoma (ODOC), and their officers, agents, and employees of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the performance of this contract. B. I understand that the Total Accrued Expenditures certified I -D above will become the final total obligated amount of this contract. HLASSIGNMENT OF REFUNDS REBATES, AND CREDIT Pursuant to the terms of this contract and in consideration of payment of costs as provided in said contract, Contractor does hereby: A. Assign, transfer, set over and release to ODOC all right, title, and interest to all refunds, rebates and credits or other amounts, including any interest thereon, arising out of the performance of this contract, together with all rights of action accrued or which may accrue thereunder. B. Agree to take whatever action may be necessary to effect prompt collection of all such refunds, rebates, credits or other amounts, including any interest thereon, due or which may become due, and to forward promptly by check made payable to ODOC any proceeds so collected. C. Agree to cooperate fully with ODOC as to any claim or suit in connection with such refunds, rebates, credits or other amounts due, including any interest thereon; to execute any protest, pleading, application, power of attorney or documents in connection therewith; and to permit ODOC to represent it at any hearing, trial or other proceeding arising out of such claim or suit. This Closeout was completed by: Andy Armstrong Mara eg r of Community and Economic Development Name of Preparer Title of Preparer (918) 584 -7526 Phone Number Signature of Preparer I Certify the information contained in this closeout is true and accurate to the best of our knowledge: Clerk / Accountant Sherry Bishop. City Clerk Typed Name and Title Date Chief Elected Official Stephen Cataudella, Mayor Typed Name and Title Date Requirement 410 Closeout Attachment 1 Page 6 of 9 FINAL WAGE COMPLIANCE REPORT Contractor Name: City of Owasso Contract Number: 11599 CDBG ED 04 Contact Person: Andy Armstrong Telephone No.: (918) 584 -7526 Project Name City of Owasso/NSP Parking/Drainage Project Location: Owasso, OK Construction Completion Date: 8/16/05 Contract Amount: $ 115,085.00 Prime Contractor: Ellsworth Construction Subcontractors None 1. Were any workers paid less than the specified Davis -Bacon rates that applied to this project? ❑ Yes X No 2. If YES: a. What was the total amount of restitution paid? $ b. What was the method of restitution? ❑ Paid by the Contractor ❑ Paid by City/Town with funds withheld from payment to the Contractor Firm Affected Employees Amount of Nature of Violations Restitution Paid (Attach additional pages if necessary.) 3. Were any workers not paid the correct overtime payments? 0 Yes X No If YES: Liquidated damages at the rate of $10 for each calendar day for each worker must be calculated and the Contractor notified of his liability, and 4. Provide information concerning the nature of the overtime violations. This should include: a. Firm's Name, Address and Phone Number: b. Date Contractor was notified in writing of the amount of liquidated damages which could be assessed: c. Date the Contractor responded to the written notice: (must be within 30 days of the receipt of notification): d. Did the Contractor seek a reduction or waiver of the liquidated damages? ❑ Yes ❑ No Requirement 410 Closeou e. If YES: Was the requested approved and for what ❑ Yes - Reduction. ❑ Yes - Waiver. f. On what grounds was HUD's or USDOL's response based? 9- h. Total amount of Liquidated Damages paid: $ What was the method of payment of the Liquidated Damages? ❑ Paid by the Contractor ❑ No. ❑ Paid by the City/Town with funds withheld from payment to the Contractor. Attachment I Page 9of 9 i. Did the Contractor appeal the final decision to assess Liquidated Damages to the Wage Appeals Board? ❑ Yes ❑ No j. Attach copies of all correspondence relative to any Liquidated Damages. 5. If appropriate, attach a recommendation of and justification for sanctions against the Contractor. Submitted by: Signature Andy Armstrong Typed Name Date Manager for Community and Econ. Development Title Requirement 410 Closeou Attachment 1 Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS All original signed documents including the Transmittal must be submitted within sixty days after the contract ending date or upon completion of the project whichever comes first. For Economic Development contracts, the project must be complete and all jobs as set out in the application for funding must be created before the project can be closed out. All contracts with open loans are not considered closed out until the loans are paid in full, however, closeout documents must still be submitted to our office in accordance with the instructions above. Upon receipt of the final loan payment municipalities /counties that have previously submitted closeout documents accepted by our office will automatically be considered closed out. Municipalities /counties that have submitted closeout documents on projects with open loans will be eligible to apply for future funding. The Contract Period listed on each document must correspond to the dates listed on the contract and subsequent modifications. If the ending date was changed, the latest modification date must be used. Note: The Final Expenditure Report is for contract closeout only. If additional funds are due you as the Contractor, the proper Request for Funds must be submitted prior to submission of the closeout documents. 1. Final Expenditure Report: Enter the correct total expenditures by line item in the appropriate column. The Budget column must reflect the latest approved budget amounts for the contract. "Remaining Balance" is the budget less expenditures year -to -date. The interest reconciliation is for interest earned on deposits of CDBG funds only. Any unexpended interest must be returned to ODOC with the check made payable to HUD. 2. Contract Closeout Certifications: Total Cash Received /Requested must be for the total contract period. Total Accrued Expenditures must be the total amount expended as shown on the Final Expenditure Report. The form must be dated and include the names and signatures of the Chief Elected Official, the Clerk and /or Accountant, and the person Preparing the closeout Requirement 410 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS CONTINUE Attachment 1 Page 9of 9 3. Program Beneficiary Report - Program Benefit: For each Program Activity report on actual accomplishments. For Units Completed, enter the number of structures /parcels acquired or cleared. For economic development projects, enter the number of full -time positions created or retained. In ethnic, Female Head of Household and Disabled columns, enter actual information on the number of beneficiaries. The ethnic origins total must equal the Total Number of Beneficiaries. 4. Proof of Publication of Notice of Second Public Hearing: The municipality /County must attach documentation that a public notice was posted /advertised informing citizen of the second public hearing to be held. A copy of the hearing minutes must also be included. 5. Final Wage Compliance Report: Enter information on liquidated damages or wage restitution paid by the construction contractor. 6. Proof of Insurance: The grant recipient must attach proof of property coverage insurance for any aboveground facility built or renovated and /or for equipment purchased with CDBG funds. 7. Board Minutes Accepting Completed Project: The grant recipient must provide ODOC with Board Minutes acknowledging the project is complete and authorizing final payment to the contractor. (NOTE): If Official Board Minutes are not available at the time the closeout is due, the unapproved minutes will be sent to ODOC, with Official minutes to be provided once approved by the Board.) S. Final Inspection Report: The grant recipient must attach a certified copy of the final inspection report provided by the Engineer /Architect, indicating the project is complete and acceptable. (NOTE): If no engineer /architect services are utilized then item #7 will suffice. Requirement 410 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CDBG URBAN COUNTY COOPERATION AGREEMENT DATE: June 14, 2007 BACKGROUND: By virtue of its size, the City of Owasso receives Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make yearly. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its "Small Cities set -aside program ", and INCOG administers the individual grants for Owasso on a contractual basis. So far, the City has used this money to improve sidewalks in the downtown area, to construct a restroom at the skate park, to help fund the street improvements at Three Lakes Village, and to construct a splash pad facility at Rayola Park. Several cities within Tulsa County are participants in the Small Cities set -aside program, and the City of Broken Arrow receives CDBG funds through a separate entitlement because their population exceeds 50,000. There is an alternative vehicle for CDBG funds to be obtained by cities; CDBG regulations permit counties who meet the threshold of a population of 200,000 to qualify as an urban county in order to receive a direct federal allocation of CDBG funds. Tulsa County will seek qualification for entitlement status with the federal Department of Housing and Urban Development (HUD) to receive CDBG funds as an Urban County, beginning in FY 2008. The qualification period is for a renewable three -year period. A Cooperation Agreement is required between the County and local jurisdictions. Owasso and eight other municipalities are being asked to participate. The City of Tulsa will not be a member. The primary advantage to the urban county designation is that member communities will receive a small increase in CDBG funds, and the amount of funding should be more stable from year to year than it has been the past few years. Funding for CDBG has decreased; increasing the potential for community development needs to remain unmet. For example, Owasso's allocation has decreased from $70,000 in 2002 and 2003 to $66,450 through 2006, and our amount in 2007 has shrunk to $58,696. The urban county designation is meant to halt this decline in funding. Although the amount of funds available for 2008 is not yet known, it is anticipated that CDBG funds will be allocated by the County to cities in an amount greater than the amount that the city would have received if it had retained its Small Cities set -aside status. The City of Owasso has the right to withdraw from the Urban County program in the future if a finding is made that the Small Cities set - aside program is better for Owasso. The City will be represented in a policy committee that will be established to develop the program's design and policies. Staff support and coordination will be provided by 1NCOG. RECOMMENDATION: The staff recommends that the City Council approve participation in the Tulsa County CDBG Urban County and authorize the execution of the cooperation agreement. ATTACHMENTS: 1. Proposed cooperation agreement 2. Correspondence from INCOG dated June 5, 2007 INCOGa voluntary association of local governments serving creek, osage, rogers, tulsa and wagoner counties 201 west 5"' street, suite 600 tulsa, oklahoma 74103 -4236 918/584 -7526 MEMORANDUM TO: CITY OF OWASSO FROM: Rich Brierre, Deputy Director INCOG SUBJECT: CDBG Urban County Cooperation Agreement DATE: June 5, 2007 BACKGROUND: The Community Development Block Grant (CDBG) Program provides federal funds to eligible units of local governments to address community development needs. CDBG regulations permit counties who meet the threshold of a total combined population of 200,000 or more (excluding metropolitan cities) to qualify as an urban county to receive a direct federal allocation of CDBG funds. Tulsa County will seek qualification for entitlement status with HUD to receive CDBG funds as an Urban County, beginning in FY 2008. The qualification period is for a renewable three -year period. A Cooperation Agreement is required between the County and local jurisdictions. The City of Owasso and eight other Tulsa County incorporated places are being asked to participate as members of the Tulsa County Urban County. While the City of Broken Arrow, already a CDBG entitlement, will be a member, the City of Tulsa will not be a member. Advantages for the urban county designation for Tulsa County include an annual allocation of CDBG funds to the county and flexibility in program design. Cities of less than 15,000 population and counties are eligible for assistance only on a statewide competitive basis through the Oklahoma Department of Commerce. Cities with populations between 15,000 and 50, 000 receive an annual allocation from the Oklahoma Department of Commerce under the Oklahoma Small Cities category_ Cities with populations of over 50,000 are awarded entitlement status by HUD and receive a direct annual allocation of CDBG funds from HUD. Increasingly, decreased federal program funding and competition for CDBG funds has resulted in a decreasing amount of CDBG funds awarded to area jurisdictions, leaving community development needs unmet in our county. The annual funding amount for the Urban County is dependent upon the annual appropriation level of the program and the number of participating local governments. Although the amount of funds available for FY2008 is not known at this time, it is estimated by HUD that the annual funding level for the Tulsa County Urban County will be approximately $1.2 million. It is anticipated that CDBG funds will be allocated by the County to cities in an amount greater than the amount that the city would have received if it had retained status as a HUD or Department of Commerce direct grantee. Cooperation Agreement Memo June 5, 2007 Page 2 A policy committee, representing each participating local government, will be established to develop Urban County CDBG program design and policies. Staff support will be provided by INCOG. REQUEST FOR ACTION: INCOG staff recommends that the City of Owasso approve participation in the Tulsa County CDBG Urban County and authorize execution of the Cooperation Agreement. FOR JUNE 19, 2007 CITY OF OWASSO AGENDA COOPERATION AGREEMENT A COOPERATION AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA AND THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA, FOR THE PURPOSE OF PARTICIPATION IN THE TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2008 -2010 This Cooperation Agreement ( "Agreement ") for Community Development Block Grant ( "CDBG ") funds is made and entered into this day , 2007, by and between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY "). WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act'), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(x) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, the COUNTY meets this threshold and has requested of the United States Department of Housing and Urban Development, ("HUD"), that the COUNTY be designated as an "urban county" as set forth in the Act; and WHEREAS, the COUNTY has complied with all requirements for Counties seeking urban county entitlement status under the CDBG program; and WHEREAS, Section 1008 of Title 74 of the Oklahoma Interlocal Cooperation Act permits local units of government to contract with other localities to perform any service or activity for which they are authorized to perform by law and to cooperate with other localities on a basis of mutual advantage; and Cooperation Agreement 1 FY 2008 - 2010 WHEREAS, the CITY desires to participate with the COUNTY in the urban county CDBG program; and WHEREAS, the COUNTY shall act in a representative capacity for all participating units of general local government and shall assume overall responsibility for ensuring that the urban county CDBG Program is carried out in compliance with federal rules, regulations and requirements of the CDBG Program, including requirements for a Consolidated Plan; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement for the aforesaid public purpose and undertaking. NOW, THEREFORE, the parties identified below mutually agree as follows: I. PURPOSE The COUNTY and CITY agree that the purpose of this Agreement is to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, funded from annual CDBG Program appropriations for the federal fiscal years for which the COUNTY qualifies for entitlement as an urban county and from any program income generated from the expenditure of such funds. II. TERM OF AGREEMENT The term of this Agreement shall be the COUNTY CDBG Urban County qualification period of the federal fiscal years 2008 -2010, commencing on August 1, 2008, and ending on July 31, 2011, unless an earlier date of termination is fixed by HUD, pursuant to the Act. Notwithstanding the above, if there are activities undertaken pursuant to this Agreement that are not yet completed or funded, then for the purpose of those activities only, this AGREEMENT shall remain in effect until all CDBG funds received pursuant to this AGREEMENT, and any program income received with respect to activities carried out pursuant to this AGREEMENT are expended, and the funded activities are completed. Cooperation Agreement 2 FY 2008 -2010 III. NOTIFICATION OF ELIGIBILITY The CITY represents that the COUNTY has notified the CITY, in writing, of its intention to seek qualification for CDBG Program funding as an urban county, and that such notification advised the City: A. That the CITY was eligible to elect to have its population excluded from that of the urban county for the purposes of the CDBG Program; and B. That the CITY's election or failure to make an election shall be effective for the full three year period for which the COUNTY qualifies to receive a CDBG Program entitlement as an urban county, and C. That the CITY, in becoming part of the urban county, would not be eligible to apply for grants under the HUD - Administered Small Cities or State CDBG programs while the CITY is a part of the urban county; and D. That the CITY, through separate agreement, participates in the HOME Program through the Tulsa County HOME Consortium, although this does not preclude the urban county or a unit of local government within the urban county from applying for State HOME funds to the extent allowable by the State IV. PERIOD OF QUALIFICATION A. The COUNTY and CITY acknowledge that the COUNTY's qualification by HUD as an urban county shall remain effective for three (3) consecutive Federal Fiscal years 2008 -2010, regardless of changes in its population or boundary or population changes in any communities contained within the urban county during that period, except as otherwise provided by 24 C. F. R. Part 570.307(f). B. The COUNTY and CITY acknowledge that, for grant calculation purposes, during the period of urban county qualification, the CITY, as an included unit of general local government, may not withdraw from the urban county unless the COUNTY does not receive a grant for any year during such period of qualification. V. AUTOMATIC RENEWAL PROVISION A. The COUNTY and CITY agree that this agreement will renew automatically at the end of each three -year qualification period, unless the COUNTY or the participating unit Cooperation Agreement 3 FY 2008 -2010 of general local government provides written notice it elects not to participate in a new qualification period. B. By the date specified in HUD's Urban County Qualification Notice for the next qualification period, the urban county will notify the participating unit of general local government in writing of its right not to participate. C. The COUNTY and CITY agree: 1. To adopt any amendment(s) to this Agreement incorporating changes that are necessary to meet HUD requirements for cooperation agreements set forth in any future Urban County Qualification Notice(s) that apply to a subsequent three -year urban county qualification period; and 2. To submit such amendment(s) to HUD as provided in the applicable Urban County Qualification Notice, and 3. That failure to comply with these requirements shall void the automatic renewal for such qualification period. VI. DISTRIBUTION OF FUNDS A. The COUNTY and CITY agree, for each fiscal year covered by this AGREEMENT, CDBG funds will be allocated by the COUNTY to CITY in an amount greater than the amount that CITY would have received if it had retained its status as a Small City as identified by the Oklahoma Department of Commerce, if so designated. B. Notwithstanding the above, in no event shall the COUNTY be obligated to distribute more funds to CITY under this AGREEMENT than the COUNTY receives during the three -year agreement period. C. CITY may contract with other entities to perform CDBG - eligible activities, confirmed with a written contract that contains provisions specified in the CDBG Regulations at 24 CFR 570, VII. REQUIRED ACTIONS The COUNTY and CITY agree to take all required actions necessary to assure compliance with the COUNTY's urban county certification required by Section 104(b) of Cooperation Agreement 4 FY 2008 -2010 Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, as amended, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and all other applicable laws. VIII. FAIR HOUSING ACTIVITIES A. The COUNTY and CITY acknowledge and agree that the COUNTY and CITY are required to take steps to affirmatively further fair housing. B. The COUNTY and CITY acknowledge and agree that urban county CDBG Program funding shall not be permitted or made available for activities in or in support of the CITY if it is determined that the CITY does not affirmatively further fair housing within its own jurisdiction or impedes the COUNTY's actions to comply with its fair housing certification. IX. CIVIL RIGHTS POLICIES The COUNTY and CITY acknowledge and represent to the other that they have adopted and are enforcing the following policies: A. A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non - violent civil rights demonstrations; and B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within the jurisdiction. X. REQUIREMENTS APPLICABLE TO SUBRECIPIENTS The COUNTY and CITY acknowledge and agree that, pursuant to 24 C.F.R. 570.501(b), the CITY shall be subject to the same requirements applicable to subrecipients, including the requirement for a written agreement as set forth in 24 CFR 570.503. Cooperation Agreement 5 FY 2008 -2010 XI. CONSOLIDATED PLAN A. The COUNTY and CITY acknowledge and understand that a Consolidated Plan including a comprehensive affordable housing strategy is required of the COUNTY, as an urban county, and that the Consolidated Plan must be submitted to and approved by HUD. B. The COUNTY and CITY agree that neither party, during the period covered by this Agreement, shall obstruct the implementation of the Consolidated Plan as approved by HUD. X11 DURATION OF AGREEMENT A. The COUNTY and CITY acknowledge that this Agreement shall remain in full force and effect for the period beginning with Federal Fiscal Year 2008 until CDBG Program and HOME Program funds and program income received with respect to activities carried out during the three -year qualification period, and any successive periods thereafter, are expended and the funded activities are completed. B. The COUNTY and CITY agree that for the duration of each urban county qualification period covered by this Agreement, neither party may terminate, cancel, withdraw from, or, in any way, impair this Agreement. XII1. LEGAL AUTHORITY The COUNTY represents that counsel for the COUNTY has reviewed the terms and provisions of this Agreement, and amendments thereto, and that said counsel has determined that the terms and provisions of this Agreement are fully authorized under State law, as provided by O.S Title 74 Section 1008, as well as local law, and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities, consistent with the CDBG Program. IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to be executed by their respective and duly authorized officers. CITY OF OWASSO, OKLAHOMA Cooperation Agreement 6 FY 2008 -2010 Mayor ATTEST City Clerk APPROVED AS TO FORM: City Attorney BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA Chairman ATTEST: County Clerk Cooperation Agreement 7 FY 2008 -2010 STATEMENT OF THE DISTRICT ATTORNEY I do hereby certify that the terms and provisions of the Urban County Cooperation Agreement are fully authorized under state and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking community development and housing assistance activities for the CDBG Program. Approved: ssistan District or y Date of Approval Cooperation Agreement FY 2008 -2010 Cooperation Agreement 8 FY 2008 -2010 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA C. STAGG PUBLIC WO CTOR SUBJECT: FIRE STATION NO.3 WATERLINE BID AWARD DATE: June 14, 2007 BACKGROUND: Related to the construction of Fire Station No. 3 — currently underway — this work includes the upgrade of existing water distribution infrastructure to service the new station as well as the undeveloped area located northeast of East 96th Street North and U.S. Highway 169. Construction of the new Fire Station began in December 2006 and is scheduled for completion in August 2007. Existing drinking water infrastructure (approximately 1,000 linear feet of 1 %Z -inch diameter distribution piping) is inadequate to provide service to the new station while maintaining fire protection to the nearby residences. Thus, following a review of alternatives by the engineering staff, a recommendation was made for the construction of 900 linear feet of 12- inch and 400 linear feet of 6 -inch distribution piping, complete with new fire hydrants and appurtenances, to serve the new station. Additionally, and as an alternate, a recommendation was made for the construction of an added 1,000 linear feet of 10 -inch piping and 2,600 linear feet of 8 -inch piping to upgrade service to the surrounding area. Such work, although not required to provide service to the fire station, would increase the level of service to existing homes, enhance fire protection resources and provide additional capacity for future development of the area. Design documents were completed in May 2007 and Bid Notification was published in the Owasso Reporter on May 10, 2007, and May 17, 2007. Documents were also submitted to plan firms and facsimile notifications were sent directly to local contractors to encourage the submittal of bids. The pre -Bid meeting was held on Wednesday, May 30, 2007, at the City Hall Conference Room. The Engineer's Estimate for the construction of the Base and Alternate work is approximately $150,000 and $210,000, respectively, for a total project cost of $360,000. EVALUATION OF BIDS: Bids were received and publicly opened on Monday, June 11, 2007, from two bidders. Results are as follows: Bignhma Contracting Inc., Tulsa, Oklahoma $ 362,853.80 M.S.B. Construction Inc., Tulsa, Oklahoma $ 317,935.00 Engineer's Estimate $ 359,925.00 Fire Station No. 3 Waterline Bid Award — Page 2 of 2 The low bid was submitted by M.S.B. Construction Inc. from Tulsa, Oklahoma. The City of Owasso has not conducted business with M.S.B in the past so recommendations were obtained, and all parties contacted gave favorable remarks. PROJECT FUNDING: Funding in the amount of $ 129,390.00 will be provided from the FY 2006 -2007 Capital Improvements Fund for the construction of the Base Bid work. Additional, funding in the amount of $ 188,545.00 (for the construction of the Alternate work) will be provided by the OPWA Capital Improvements Fund. RECOMMENDATION: Staff recommends Council award of the Fire Station No. 3 Waterline Project to M.S.B. Construction Inc., Tulsa, Oklahoma, in the amount of $ 317,935.00. ATTACHMENTS: A. Engineer's Cost Estimate B. Bid Tabulation ATTACHMENT A SUMMARY OF QUANTITIES (BASE BID ITEMS) Engineers Construction Cost Esfimafo ITEM ESTIMATED NO. QUANTITY UNITS ITEM DESCRIPTION UNIT COST TOTAL COST 1 1050 Cy JUNCLASSIFIED EXCAVATION $1.00 2 4840 Sy ISOLID SLAB SODDING (BERMUDA) $1,050.00 $1.00 3 1600 LF IRIGHT OF WAY CLEARING AND RESTORATION $4,840.00 $2.00 4 500 Cy IFINAL BACKFILL (EXCAVATED MATERIAL) $3,200.00 $1.00 $500.00 5 220 Cy ISELECT BEDDING (AGG. BEDDING) $1.00 6 65 LF ITEMPORARY BALE BARRIER - TYPE 1 $3.00 $220.00 7 350 LF ITEMPORARY SILT FENCE $2.00 $195.00 8 750 Cy AGGREGATE BASE TYPE A $1.00 $700.00 9 450 Cy COARSE AGGREGATE NO, 57, IN PLACE $35.00 $750.00 10 150 Cy CLSM BACKFILL $15,750.00 11 223 Sy CONCRETE DRIVEWAY (HIGH-EARLY-STRENGTH) $30.00 $40.00 $4,500.00 12 30 Sy REMOVAL AND REPLACEMENT OF ASPHALT PAVEMENT $35.00 $8,920.00 13 1 LS TRAFFIC CONTROL $3,500.00 $1,050.00 14 1 LS CONSTRUCTION STAKING $4,000.00 $3,500.00 $4,000.00 15 1 LS MOBILIZATION $12,000.00 $12,000.00 16 1 EA 4" GATE VALVE & BOX IN PLACE (MJ X FLG) $200.00 17 1 EA 4' GATE VALVE & BOX IN PLACE (MJ X MJ) $250.00 $200.00 18 2 EA 6" GATE VALVE & BOX IN PLACE (MJ x FLG) $400.00 $250.00 19 1 EA 6" GATE VALVE & BOX IN PLACE (MJ X MJ) $450.00 $800.00 20 1 EA 8" GATE VALVE & BOX IN PLACE (MJ X FLG) $450.00 $50020 $500.00 21 0 EA 10" GATE VALVE & BOX IN PLACE (MJ) $900.00 22 3 EA 12" GATE VALVE & BOX IN PLACE (MJ X FLG) $1,200.00 $0.00 23 2 EA 12" GATE VALVE & BOX IN PLACE (MJ X FLG) $1,250.00 $3,600.00 $2,500.00 24 400 LF 6 INCH PVC AW WA C900 CLASS 150 $22.00 $8,800.00 25 78 LF 6 INCH RESTRAINED JOINT (MEGALUG) $25.00 $1,950.00 26 0 LF 8 INCH PVC AW WA C900 CLASS 150 $25.00 $0.00 27 0 LF 8 INCH RESTRAINED JOINT (MEGALUG) $30.00 28 0 LF 10 INCH PVC AW WA C900 CLASS 150 $35.00 $0.00 29 0 LF 10 INCH RESTRAINED JOINT (MEGALUG) $40.00 $0.00 30 840 LF 12 INCH PVC AW WA C900 CLASS 150 $40.00 $0.00 $33,600.00 31 300 LF 12 INCH RESTRAINED JOINT (MEGALUG) $45.00 $13,500.00 32 1 EA 6'x 4" REDUCER RJ (DIP) $60.00 $60.00 33 0 EA 10"X 8" REDUCER, RJ (DIP) $800.00 $0.00 34 1 EA 4" X 4" X 4" MJ TEE, RJ $300.00 $300.00 35 1 EA 6" X 6" X 6" FLG TEE, RJ (DIP) $700.00 $700.00 36 0 EA 8" X 8" X 6" TEE, RJ (DIP) $800.00 $0.00 37 1 EA 12"X 12" X 4" FLG TEE, RJ (DIP) $600.00 $600.00 38 2 EA 12' X 12"X 6" FLG TEE, RJ (DIP) $800.00 $1,600.00 39 1 EA 12'X 12" X 8" FLG TEE, RJ (DIP) $1,000.00 $1,000.00 2 EA 6" X 1 V/ " FLG REDUCER, RJ (DIP) $500.00 $1 2 EA 12" X 6" FLG REDUCER, RJ (DIP) ( FLG X FLG) $600.00 ,000.00 $1,200.00 440 2 EA 3 -WAY FIRE HYDRANT, ASSEMBLY IN PLACE $1,800.00 $3,600.00 1 EA 6 INCH BLIND FLANGE PLATE $75.00 $75.00 1 EA 8 INCH BLIND FLANGE PLATE $75.00 $75.00 3 EA 12 INCH FLG TO MJ ADAPTER $175.00 $525.00 46 2 EA 4 INCH SOLID SLEEVE $60.00 $120.00 47 60 LF 4 INCH PVC AWWA C900 CLASS 50 $10.00 $600.00 48 0 EA 6 INCH SOLID SLEEVE $80.00 $0.00 49 0 EA 10 INCH SOLID SLEEVE $150.00 $0.00 50 0 EA 10 NCH FLG TO MJ ADAPTER $150.00 $0.00 51 0 EA 6 INCH FLG X FLG GATE VALVE $400.00 $0.00 52 0 EA 10 INCH FLG X MJ GATE VALVE $850.00 $0.00 53 0 EA 10 INCH BLIND FLG PLATE $75.00 $0.00 54 0 EA 10'X 10' X 10" FLG TEE $370.00 $0.00 55 0 EA 10'X 10" X 10" MJ TEE $250.00 $0.00 56 0 EA 10" X 10" X 6"W TEE $200.00 $0.00 57 0 EA 8 NCH FLG TO MJ ADAPTER $100.00 $0.00 58 0 EA 6 NCH FLG TO MJ ADAPTER $75.00 $0.00 59 1 LS PROJECT ALLOWANCE $11,000.00 $11,000.00 WATERLINE BASE BID TOTAL $149,780.00 iI)MMARVnFnfTAXUIl- lilucII r BASE BID TOTAL: ALTERNATE # 1 TOTAL: $149,780.00 $210,145.00 PROJECT TOTAL ESTIMATED COST $359,925.00 ITEM ESTIMATED NO. QUANTITY UNITS ITEM DESCRIPTION UNIT COST TOTAL COST 1 2500 CY 2 11500 SY $1.00 SOLID SLAB SODDING (BERMUDA) $2,500.00 3 3670 LF $1.00 RIGHT OF WAY CLEARING AND RESTORATION $11,500.00 4 900 CY $2.00 FINAL BACKFILL (EXCAVATED MATERIAL) $7,340.00 1 5 750 CY $1.00 I SELECT BEDDING (AGG. BEDDING) $900.00 6 300 LF $1.00 ITEMPORARY BALE BARRIER - TYPE 1 $750.00 7 2350 LF $3.00 ITEMPORARY SILT FENCE - $900.00 8 1225 CY $2.00 AGGREGATE BASE TYPE A $4,700.00 9 900 CY $1.00 I COARSE AGGREGATE NO. 57, IN PLACE $1,225.00 10 100 CY $35.00 ICLSM BACKFILL $31,500.00 11 50 SY $30.00 ICONCRETE DRIVEWAY (HIGH - EARLY - STRENGTH) $3,000.00 12 0 SY $40.00 IREMOVAL AND REPLACEMENT OF ASPHALT PAVEMENT $2.000.00 13 0 LS $35.00 ITRAFFIC CONTROL $0.00 14 0 LS $3,500.00 lCONSTRUCTION STAKING $0.00 15 0 LS $4,000.00 MOBILIZATION $0.00 16 0 EA $12,000.00 4" GATE VALVE & BOX IN PLACE (MJ X FLG) 17 0 EA $200.00 4" GATE VALVE & BOX IN PLACE (MJ X MJ) $250.00 $0.00 18 2 1 EA 6" GATE VALVE & BOX IN PLACE (MJ x FLG) $400.00 $0.00 19 0 EA 6" GATE VALVE & BOX IN PLACE (MJ X MJ) $450.00 $800.00 20 2 EA 8" GATE VALVE & BOX IN PLACE (MJ X FLG) $500.00 $0.00 21 1 EA 10" GATE VALVE & BOX IN PLACE (MJ) $900.00 $1,000.00 22 0 EA 12" GATE VALVE & BOX IN PLACE (MJ X FLG) $1,200.00 $900.00 23 0 EA 12" GATE VALVE & BOX IN PLACE (MJ X FLG) $1,250.00 $0.00 24 100 LF 6 INCH PVC AWWA C900 CLASS 150 $22.00 $0.00 25 60 LF 6 INCH RESTRAINED JOINT (MEGALUG) $25.00 $2,200.00 26 2610 LF 8 INCH PVC AW WA C900 CLASS 150 $25.00 $1,500.00 27 300 LF 8 INCH RESTRAINED JOINT (MEGALUG) $30.00 $65,250.00 28 1020 LF 10 INCH PVC AWWA C900 CLASS 150 $35.00 $9,000.00 29 40 LF 10 INCH RESTRAINED JOINT (MEGALUG) $40.00 $35,700.00 30 0 LF 12 INCH PVC AWWA C900 CLASS 150 $40.00 $1,600.00 31 0 LF 12 INCH RESTRAINED JOINT (MEGALUG) $45.00 $0.00 32 1 EA 6" x 4" REDUCER RJ (DIP) $60.00 $0.00 33 1 EA 10" X 8' REDUCER, RJ (DIP) $800.00 $60.00 34 0 EA 4"X 4"X 4" MJ TEE, RJ $300.00 $800.00 35 2 EA 6" X 6" X 6" FLG TEE, RJ (DIP) $700.00 $0.00 36 1 EA 8" X 8" X 6" TEE, RJ (DIP) $800.00 $1,400.00 37 0 EA 12" X 12"X 4" FLG TEE, RJ (DIP) $600.00 $800.00 38 0 EA 12" X 12" X 6" FLG TEE, RJ (DIP) $800.00 $0.00 39 0 EA 12" X 12'X 8" FLG TEE, RJ (DIP) $1,000.00 $0.00 40 1 EA 6" X 1 % " FLG REDUCER, RJ (DIP) $500.00 $0.00 41 0 EA 12" X 6" FLG REDUCER, RJ (DIP) ( FLG X FLG) $600.00 $500.00 42 2 EA 3 -WAY FIRE HYDRANT, ASSEMBLY IN PLACE $1,800.00 $0.00 43 0 EA 6 INCH BLIND FLANGE PLATE $75.00 $3,600.00 44 0 EA 8 INCH BLIND FLANGE PLATE $75.00 $0.00 $0.00 45 0 EA 12 INCH FLG TO MJ ADAPTER $175.00 $0.00 46 0 EA 4 INCH SOLID SLEEVE $60.00 $0.00 47 0 LF 4 INCH PVC AWWA C900 CLASS 150 $10.00 $0.00 48 1 EA 6 INCH SOLID SLEEVE $80.00 $80.00 49 2 EA 10 INCH SOLID SLEEVE $150.00 $300.00 50 1 EA 10 NCH FLG TO MJ ADAPTER - $150.00 $150.00 51 1 EA 6 INCH FLG X FLG GATE VALVE $400.00 $400.00 52 2 EA 10 INCH FLG X MJ GATE VALVE $850.00 $1,700.00 53 1 EA 10 INCH BLIND FLG PLATE $75.00 $75.00 54 2 EA 10"X 10"X 10' FLG TEE $370.00 $740.00 55 1 EA 10"X 10"X 10"W TEE $250.00 $250.00 56 1 EA 10"X 10"X 6" MJ TEE $200.00 $200.00 57 1 EA 8 NCH FLG TO MJ ADAPTER $100.00 $100.00 58 3 EA 6 NCH FLG TO MJ ADAPTER $75.00 $225.00 59 1 LS PROJECT ALLOWANCE $14,500.00 $14,500.00 WATERLINE ALTERNATE #1 TOTAL $210,145.00 BASE BID TOTAL: ALTERNATE # 1 TOTAL: $149,780.00 $210,145.00 PROJECT TOTAL ESTIMATED COST $359,925.00 BID DOCUMENTATION Number of Bids: Bids Opened By: Witness: Marcia Boutwell Bradd Clark CITY OF OWASSO, OKLAHOMA FIRE STATION #3 WATER LINE EXTENSION Bid Opening: June 11, 2007 BIDDER PROPOSAL GUARANTEE BASE BID ALTERNATE #1 Bingham Contracting Inc, Tulsa, OK X $133,980.86 $228,872.94 M.S.B. Construction Inc., Tulsa, OK X $129,390.00 $188,545.00 Engineer's Estimate $149,780.00 $210,145.00 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct Signa Date: D D 0 2 Z --1 ..Ij MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: THREE LAKES VILLAGE ROADWAY IMPROVEMENTS CHANGE ORDER NUMBER 3 AND REQUEST FOR FINAL PAYMENT DATE: June 12, 2007 BACKGROUND: On January 17, 2006, the City Council awarded a contract for the construction of the Three Lakes Village Roadway Improvements to Austin Paving, LLC (Austin Paving) in the amount of $308,869.40. The scope of work included the removal and replacement of over 5,300 square yards of existing pavement complete with new curb and guttering. In March 2006, following the discovery of unsuitable soils under a segment of the existing road, the work was re- scoped resulting in an additional contract for $149,975.75 with Tri-Star Construction, LLC (Tri-Star) and a Change Order for $14,001.60 to the existing contract with Austin Paving. Such changes resulted in an adjustment to the project of scope of $163,977.35 for a total project cost of $472,846.75. Tri -Star completed their scope of work in November 2006. Final payment was authorized by Council on November 7, 2006, in the amount of $136,037.05 resulting in a savings to the City of $13,998.70. The completion of the work by Tri-Start enabled Austin Paving to remobilize and complete the construction of road improvements which first begun in January 2006. On May 31, 2007, final inspection of the work by Austin Paving was conducted and no deficiencies were found. Progress payments made to date totaled $287,762.26, and a request for Final Payment (including return of retainage) has been submitted by Austin in the amount of $60,122.77. A Maintenance Bond was submitted as part of the Contract Documents. QUANTITY ADJUSTMENTS: The work was awarded as a unit price contract where the quantities presented in the Bid were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment would be made at final payment to reflect actual quantities provided. Thirteen unit quantities required adjustment to compensate for unexpected field conditions and provide the product intended by the original design. Specifically, eight quantities required an additive adjustment while five resulted in deductive adjustment for a total adjustment in the amount of $25,014.03 as summarizes below: Three Lakes Village Roadway Improvements Austin Paving, LLC Change Order No. 3 and Final Payment Page 2 of 2 Work Description Bid Unit Quantity Cost Price Adjustment Adjustment Unclassified Excavation ...._._.._.._.._....—_..._.... ..._..._....__.._.._..........- .._.._.. - -..__. ..................... ...I........................... _................................_..._..........._.._. $17.00 .......... 52.88 $848.00 S. ................_......._.._. .......__.._..............._... - __ ._.._..................... ............................... _ ..........._......__....... ....._._..._...._..................................._._.._......._....._................ ........_...._..........._..... __..._._.....-----..._............----..........__................__........_... .........._...__._..._..._..... Aggregate Base, Type ................._......_ ......_.._..................... ........................_..._..................................._...._...__..._.............._....__._...._._......._ $32.00 •571.13 ._.- ....._......._............. $18,276.35 New 6" Barrier Curb & Gutter ..._..._ ........................_..._ ..... _..._.._...._. .._.___.__.._................ -- ...._..................... ............................... ........._..... $12.20 ---........ ...._.................._._..... ._.._.......................... 242.00 -- ...__......_-..........__..__.............__......_.._...... - .._.................... $2,952.40 6" Concrete Driveway (HES) ... _ _...._ ._ $37.00 _. _._ ........................ ..__..__................_...- -- 15.40 ._........__- ...- ,...._._...... $569.80 Water Valve Box Adjustment _ ................_._... $140.00 - ...._........_ .....__............._......_... - _...._..._._.... 1.00 --..........._.._.....—...._......._._ ..........._._........._..- $140.00 .._................-- ....._._._ Remove Concrete Drivew.Approaches_ $8.00 15.40 $123.20 FlowableFill . ..... ..........._.........---............------..__................ Install & Remove Temp Gang Mailboxes — _._............__ ............. - - - ......_.. _ - ........._.........................._._..........._ $500.00 ._._............_.__...._.....- -1.20 ....................._......_.. - -- ($600.00) 0. ....__..._ Tre. ............ _._...__..............._.... ......._......................_ _......................_..- -._............. _....._.............._..........._....._..._._............_.... _..- ._..._............ Water Meter Box Adjustment ............_.__ $75.00 _ ..._ ............. - ............. -29.00 ..__.._....._........... ......._...._.................. ($2,175.00) PC Concrete Pavement 6" Thick ------- ........ .... -- -- ' - $34.40 - - - -- ............... 33.70 — ...... --- - ........ _ $1,159.28 Geolon_570 Fabric $2.65 2200.00 $5,830.00 Total Overrun (Underrun) $25,014.03 Thus, Change Order No. 3 (see Attachment B) is needed to reflect quality adjustments and an increase in the contract amount of $25,014.03. FUNDING: An adjustment in the contract will be required to reflect the following: Original contract amount $ 308,869.40 Change Orders No. 1 and No. 2 $ 14,001.60 Change Order No. 3 $ 25,014.03 Revised Contract Total $ 347,885.03 Change Order No.3 will be partially funded from the savings ($13,998.70) in the Tri-Star contract. Additional funding in the amount of $11,015.33 will be obtained from the Street Division Budget. RECOMMENDATION: Staff recommends Council approval of Change Order No. 3 for the Three Lakes Village Roadway Improvements in the amount of $25,014.03 and authorization for final payment to Austin Paving, LLC in the amount of $60,122.77 for a final contract amount of $347,885.03. ATTACHMENTS: A. Final Pay Request B. Change Order No. 3 APPLICATION AND CERTIFICATE FOR PAYMENT TO: (Own r) e1fy a owasSO FROM: (/Contractor) �ksi'in 0"avii�a� LLC. PROJECT: CONTRACT FOR: / ATTACHMENT A Page One of 5 Contract Date: d i — / "? —d 4 Application Date: .5 L3 / n Period To: Distribution To: Owner Architect Contractor Engineer I CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. 2. 3. 4. a L 7 Original Contract Sum Net Change by Change Orders Contract Sum to Date (Line 1 & 2) Total Completed & Stored to Date (Column G on Continuation Sheet) $�d�' >�'�7�`c $ 37 $ 3 `�'%, �8s 63 Retainage: a. % of Completed Work $ (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) Total Earned Less Retainage (Line 4 less Line 5 Total) Less Previous Certificates for Payment i i $ 3� AGREEMENT 0206 00300 - Page 7 of 14 8. CURRENT PAYMENT DUE $ 9. Balance to Finish, Plus Retainage $ (Line 3 less Line 6) CHANGE ORDER SUMMARY: Change Orders approved in previous months by OWNER TOTALS Approved this month Number Date Approved ADDITIONS $ TOTALS $ DEDUCTIONS M $ Net Change by Change Orders $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: y Z ✓ Date: ST E OF OKLAHOMA � COUNTY OF I JJ � I S G )SS ) Subscribed and sworn to before me this ;15 / day of (SEAL) My Commission Expires: �- Commission #: 0 Un )3 �pTA/Z -Nota Public Oklahoma 11 01 FICIAL SEAL PUBLIC J. B. ALEXANDER BY AND POq STATE DP COMMISSION #: 050001 8 / RAI•IOO My Commission Expires: D 1311 0206 00300 - Page 8 of 14 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect/Engineer certifies to the Owner that to the best of the Architect/s /Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $�� y,�' -7 (Attach explanation if amount certified differs from the amount applied for.) ARCHITECTVNGINEER: a6ezd� am This certificate is not n*rt ' e AMC named herein. Issuance, payment and a the Owner or Contractor under this Contract. Date: CERTIFIED is payable only to the contractor of payment without prejudice to any rights of AGREEMENT 0206 00300 - Page 9 of 14 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) )SS COUNTY OF l Js a ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. j- �GISz'7rr� t �- tractor or upplier Subscribed ans sworn to before me this day of T �,fTA No tary Pu ®lahoma IC OFFICIAL SEAL Notary P lic FOa J. B. ALEXANDER of COMMISSION #: 05000138 D � MY Commission E.xpires:�_______ My Commission Expires: �j Commission #: ) ��`"D LLD 13 ( > Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public My Commission Expires: Commission #: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEMENT 0206 00300 - Page 11 of 14 Continuation Sheet AIA Document G703 Three Lakes Village Roadway Improvements PH I Austin Paving, 1615 N. Country Club, Suite A, Stillwater, OK 74075 Application Number: 9 Application Date: Retains 9 a 10.00% @ Period From: March 1, 2007 Period To: March 26, 2007 Contractor Project No: A B C D E F G H I Item No. Description Unit Unit Cost Quantity Scheduled Value Work Completed Materials Presently Stored to Date (Not in D or E) Total Completed and Stored to Date (D +E +F) Complete (G /C) Balance G ) Finish (C - Retainage From Previous Application ( D +E ) This Period 1 Unclassified Excavation SY $17.001 415.00 $7,055.00 $7,903.00 $7,903.00 112.0% 3£ 1£i..)') $790.30 2 Temporary Erosion & Sediment Control LS $2,100,001 1.00 $2,100.00 $2,10000 $2,100.00 100.0% $0.00 $210.00 3 Solid Slab Sodding SY $5.00 282.00 $1,410.00 $0.00 $0.00 0.0% $1,410.00 $0.00 4 Aggregate Base, Type A CY $32.00 893.00 $28,576.00 $46,852.35 $46,852.35 164.0% $18.276.351 $4,685.24 5 New 6" Barrier Curb and Gutter LF $12.20 2535.00 $30,927.00 $33,879.40 $33,879.40 109.5% '$2.5)52.40) $3,387.94 6 6" Concrete Driveways (HES) SY $37.00 570.00 $21,090.00 $21,659.80 $21,659.80 102.7% ($569.80) $2,165.98 7 Manholes Adjust to Grade EA $350.00 3.00 $1,050.00 $1,050.00 $1,050.00 100.0% $0.00 $105.00 8 Storm Inlet Adjust to Grade EA $600.00 5.00 $3,000.00 $3,000.00 $3,000.00 100.0% $0.00 $300.00 9 Water Valve Box Adjust to Grade EA $140.00 4.00 $560.00 $700.00 $700.00 125.0% 514.).001 $70.00 10 Removal of Concrete Pavement & Curb SY $6.40 5356.00 $34,278.40 $34,278.40 $34,278.40 100.0% $0.00 $3,427.84 11 Removal of Concrete Driveway Approaches SY $8.00 570.00 $4,560.00 $4,683.20 $4,683.20 102.7% ($123.20) $468.32 12 Double Grate Inlet Box & Grates EA $2,000.00 1.00 $2,000.00 $2,000.00 $2,000.00 100.0% $0.00 $200.00 13 18" RCP Class III LF $50.00 30.00 $1,500.00 $1,500.00 $1,500.00 100.0% $0.00 $150.00 14 Geo rid Sub grade Restraint w /Se . Fabric SY $1.75 5356.00 $9,373.00 $9,373.00 $9,373.00 100.0% $0.00 $937.30 15 Flowable Fill CY $200.00 1.00 $200.00 $0.00 $0.00 0.0% $200.00 $0.00 ALTERNATE #1 16 Removal and Reset Mailboxes EA $120.00 42.00 $5,040.00 $5,040.00 $5,040.00 100.0% $0.00 $504.00 17 Install & Remove of Temp. Gang Mailboxes EA $500.00 4.00 $2,000.00 $1,500.00 $1,500.00 75.0% $500.00 $150.00 18 Tree Removal EA $500.00 1.00 $500.00 $0.00 - $100.00 - $100.00 -20.0% $600.00 - $10.00 19 Water Meter Box Adjust to Grade EA $75.00 42.00 $3,150.00 $975.00 $975.00 31.0% $2,175.00 $97.50 ALTERNATE #3 Concrete Pavement 113 PC Concrete Pavement, 6" Thick SY $34.40 4375.00 $150,500.00 $123,410.00 $28,249.28 $151,659.28 100.8% S 1.159.28) $15,165.93 CHANGE ORDER NO. 1 1 Unclassified Excavation CY $17.00 - 249.70 - $4,245.00 - $4,245.00 - $4,245.00 $0.00 10 Removal of Concrete Paving and Curb SY $6.40 - 4576.00 - $29,286.40 - $29,286.40 - $29,286.40 $0.00 11 Removal of Concrete Driveway Approaches SY $8.00 - 463.75 - $3,710.00 - $3,710.00 - $3,710.00 $0.00 12 Double Grate Inlet Box & Grates EA $2,000.00 -1.00 - $2,000.00 - $2,000.00 - $2,000.00 $0.00 13 18" RCP Class III LF $50.00 -30.00 - $1,500.00 - $1,500.00 - $1,500.00 $0.00 14 Separator Fabric SY $1.75 - 5356.00 - $9,373.00 - $9,373.00 - $9,373.00 $0.00 CHANGE ORDER NO. 2 20 Perforated Pipe Edge Drain LF $12.00 3753.00 $45,036.00 $45,036.00 $45,036.00 $0.00 21 Geolon 570 Geotechnical Fabric Labor Only) SY $2.65 7200.00 $19,080.00 $24,910.00 $24,910.00 Total Construction Cost 1 $322,871.00 $319,735.75 $28,149.28 $0.00 $347,885.03 107.7% ($25,014.03) $34,788.50 ATTACHMENT B SECTION 00600 ,as PROJECT: CHANGE ORDER NUMBER: Not valid until signed by the Owner and Contractor The original Contact Sum was $3 0,8,849-110 Net change by previously authorized Change Orders Y, 6 6 / - 6 0 The Contract Sum prior to this Change Order was 6 o The Contract Sum will be 0ncreasec (decreased) (unchanged) by this Change Order in the amount of $ 51 15 6 r b The new Contract Sum including this Change Order will be 8S5-03 The Contract Time will be ncreas (decreased) (unchanged) by 0 )days. The date of Substantial Comp "etion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. �Si r', Aa- "// -*, -1 , &t C--, 6�v 6T 00-� QSjz, CONTRACTOR 4/ OWN ADDRESS ADDRESS CK lyb-�y BY C x> BY DATE DATE -5,4,0 , 0 K - -/-,7 qbs-3--- CHANGE 0206 00600 - Page 1 of MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAVID WARREN PARKS DIRECTOR SUBJECT: BID AWARD SPORTS PARK ROAD AND PARKING DATE: June 15, 2007 BACKGROUND: The FY 2006 -07 Budget included funding for several different capital improvement projects throughout the City of Owasso. These projects received their funding as a result of the City's third penny sales tax election in the fall of 2003. Included in that project list was funding to provide improvements to the new Sports Park Land. A total of $500,000.00 is remaining in that line item. In April, the Parks Department began the process of advertising for bids in order to provide for the gravel road and parking lot. The bid packet was developed with a base bid specification. The base bid included the installation of a gravel road and parking lot at the new Sports Park. All bids were to be received by May 11, 2007 at 10:00 AM. Due to this being the construction of the road and parking lot, it will only be the base for a future overlay. A total of five bid packets were obtained following advertisement and a total of three bids were submitted. A copy of the bid tally sheet is attached for your information and review. A review of the bids submitted indicates that all bid received were in compliance with specifications. Staff is prepared to recommend the award of the gravel road and parking lot to Tri -star Construction, of Claremore, as they were the qualifying low bidder at $160,000. Tri-star Construction has completed work for the City of Owasso in the past and staff is satisfied with their performance. F1 TNn1NC-- Funds for the road and parking lot improvements were included within the Park Development Fund Projects budget in the amount of $500,000. RECOMMENDATION: The staff recommends Council award construction of the gravel parking lot and road at the new Sports Park to Tri -star Construction of Claremore, OK in the amount of $160,000. ATTACHMENTS: L Bid Tally Sheet 2. Advertisement for Bids 3. Map of Project Area CITY OF OWASSO, OKLAHOMA SPORTS PARK SOUTH PARKING LOT & ENTRANCE ROAD Bid Opening: 5/11/07 Number of Bids Bids Opened By: Marcia Boutwell Witness: David Warren BIDDER TOTAL BASE BID Tri -Star Construction LLC, Claremore $160,000 FIT Construction LLC, Tulsa $217,500 Bingham Contracting Inc 310,000 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: PUBLISHER'S AFFIDAVIT PRKG LOT, SPORTS PARK SOUTH PUBLICATION DATE(S) 04/10/07, 04/17/07 CASE NUMBER: SPORTS PARK S GRAVEL PARKING AD NUMBER: 00028273 LEGAL NOTICE STATE OF OKLAHOMA_ COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the .laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 18th day of April, 2007. Notary Public N CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF Publisher's Fee: 49.31 NANCY CAROL MOORE 1 Notary Publlc • State of Oklahoma Tuisa County ;�,;;;, My Commission Expires December 8, 2010 0 Commission # 06011684 28273 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 10 & 17, 2007 NOTICE TO BIDDERS Sealed bids will be received by the City of Owasso at the Owasso City Hall, 111 N Main, Owasso, Oklahoma 74055 until 10:00 a.m. on the 11th day of May, 2007, and then at said City Hall publicly opened and read aloud. This will be for the construction of a grav- el parking lot and entrance road at Owasso Sports Park South, and all appurtenances thereto. A MANDATORY pre -bid confer- ence will be held at 2:00 p.m. on April 30, 2007 at Owasso City Hall. A failure to attend the mandatory pre -bid conference will dis- qualify the bidder from bidding on the project. Contract docu- ments and specificat! W.q, packets may be purchased at Owasso City Hall upon paymenibf Twenty Dollars ($20.00) for each set, which is the cost of reproduction and will not be refunded. Further information regarding specifications can be obtained by contact- ing David Warren at 918.272 -4921. /s/ Marcia Boutwell Marcia Boutwell, Contract Administrator MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SCOTT CHAMBLESS DEPUTY CHIEF OF POLICE SUBJECT: ORDINANCE NO. 895 REMOVAL, TOWING, AND STORAGE OF VEHICLES DATE: June 6, 2007 BACKGROUND: The Owasso Police Department has been undergoing the process of updating the department's Policy and Procedure Manual for the purpose of improving operations, reducing liability, and achieving accreditation through the Oklahoma Association of Chiefs of Police. One of the policies recently selected for development was a Vehicle Impoundment Policy. Research conducted for this policy revealed that the current City ordinances lacked certain provisions and language that allowed for the range of options commonly used in law enforcement for the impoundment of vehicles. In order to ensure that the property of citizens is protected and that officers have the means to impound vehicles for legitimate law enforcement purposes, a new ordinance was drafted by members of the department. Court decisions have made it clear that in order for an impoundment to legally occur, their must be a law or regulation that permits the impoundment. The proposed ordinance, in combination with State Law, would satisfy this legal requirement. PROPOSED CHANGES: Ordinances governing the impoundment of vehicles are currently found in Chapter 4 Section 8 -401 through Section 8 -408 and Chapter 14 Section 15 -1401 through Section 15 -1414. The proposed ordinance combines the ordinances found in Chapters 4 & 14. The proposed ordinance, if approved would be detailed in Chapter 14 Section 15 -401 through Section 15 -1424. Table 1.1 details significant changes or deletions to the current ordinances. Table 1.2 details provisions that have been added and are not part of the current ordinances. Staff believes that this ordinance creates a needed balance between the interest of citizens and their property and the need for lawful impoundment of vehicles. Staff further believes that the proposed ordinance may reduce the potential for future civil litigation in regards to vehicle impoundments. Table 1.1 Current Ordinances Chapter/Section Proposed Changes/Deletions Chapter 4 Section 8 -401 "Definitions" Moved to Chapter 14 Section 15 -1401 Adds definitions for lien - holder and impoundment. Changes the definition of "vehicle" to include boats & personal watercraft. Chapter 4 Section 8 -402 "Abandoned, Wrecked Moved to Chapter 14 Section 15 -1415 Autos Prohibited" Language not changed. Chapter 4 Section 8 -403 "Nuisance" Moved to Chapter 14 Section 15 -1416 Minor language changes. Chapter 4 Section 8 -404 "Immediate Removal of Moved to Chapter 14 Section 15 -1417 Vehicle Obstructing Traffic" Paragraph A of the current ordinance remains the same. Para gra h B has been deleted. Chapter 4 Section 8 -405 "Removal of Dismantled, Moved to Chapter 14 Section 15 -1418 Junked, Abandoned, or Inoperable Vehicles from Paragraph A of the current ordinance remains the Public Property" same. Paragraph B has been deleted. Chapter 4 Section 8 -406 "Removal of Dismantled, Moved to Chapter 14 Section 15 -1419 Junked, Abandoned, or Inoperable Vehicles from Paragraphs A -F of the current ordinance remains the Private Property" same. Paragraph E has been deleted. Chapter 4 Section 8 -407 "Owner May Regain" Has been deleted. An appeals process as defined by State Law has been added and is located in Chapter 14 Section 15 -1423. Chapter 4 Section 8 -408 "Penalty" Has been moved to Chapter 14 Section 15 -1424 Language not changed. Chapter 14 Section 15 -1401 "Purpose and Effect of Has been moved to Chapter 14 Section 15 -1402. Impoundment Provisions" Lan ua e not chan ed. Chapter 14 Section 15 -1402 "Place of Has been moved to Chapter 14 Section 15 -1420 Impoundment' Changes language to replace City Council designated storage locations with licensed wreckers and impound lots. Chapter 14 Section 15 -1403 "Duration of Language has been deleted. Impoundment" Chapter 14 Section 15 -1404 "Police Granted Moved to Chapter 14 Section 15 -1403 Authority to Impound Vehicles" Language adds Code Enforcement Officer and refers to Oklahoma Statutes. Chapter 14 Section 15 -1405 "Disabled Vehicles" Language has been deleted. Chapter 14 Section 15 -1406 "Vehicles on Bridge" Has been moved to Chapter 14 Section 15 -1404 Lan uage not changed. Chapter 14 Section 15 -1407 "Arrest and Detention Has been moved to Chapter 14 Section 15 -1405 of Driver of Vehicle" Language changed to better define the circumstances that permit impoundment incident to an arrest. Expands impoundments to any private property not owned, leased, or rented by the arrestee. Allows for the release of a vehicle to a licensed driver. Chapter 14 Section 15 -1408 "Vehicle Constitutes Moved to Chapter 14 Section 15 -1417 Traffic Hazard" Replaced with language from paragraph A of Chapter 14 Section 15 -1411 "Motor Vehicle Chapter 4 Section 8 -404 of current ordinance. Chapter 14 Section 15 -1409 "Illegal Trespass by Moved to Chapter 14 Section 15 -1406 Vehicle" Section A & B no changes, section C language adds code enforcement; Section D & E added which include provisions for timelines & Tow Request forms prescribed by the Department of Public Chapter 14 Section 15 -1412 "Vehicles not Bearing Safety. Chapter 14 Section 15 -1410 "Vehicle Parked Moved to Chapter 14 Section 15 -1407 Overtime" Adds lan wage that requires posting of time limits. Chapter 14 Section 15 -1411 "Vehicles Blocking Moved to Chapter 14 Section 15 -1408 Fire Exits or Hydrants Language changed to include impounding vehicles left unattended in fire lanes. Chapter 14 Section 15 -1412 "Vehicles Parked in Moved to Chapter 14 Section 15 -1409 Intersection" Language not changed. Chapter 14 Section 15 -1413 "Stolen Vehicles Moved to Chapter 14 Section 15 -1410 Recovered by Police" Paragraph A change that eliminates time limits for of Vehicles Used in a Crime" locating owners -- requires officer to make reasonable attempts to contact owner; Paragraph B changed to address safety risk and impounding for evidentiary purposes. Chapter 14 Section 15 -1414 Vehicles with Language deleted. Outstanding Traffic Citations" Tnhle 1 7 Proposed Ordinance Chapter /Section Proposed Additions not Found in Current Ordinances Chapter 14 Section 15 -1411 "Motor Vehicle Paragraph A permits impoundment for investigation Collisions" of collisions involving serious injury or death; Paragraph B allows impoundment if the owner cannot/will not take charge of the vehicle, the vehicle cannot be legally parked or if the vehicle cannot be secured at the scene. Chapter 14 Section 15 -1412 "Vehicles not Bearing Models State Law in that officers may impound a Proper License Plate" vehicle if the license plate is expired 90 days or more. Chapter 14 Section 15 -1413 "Impoundment of Paragraph A allows impoundment if the vehicle is Vehicles for Evidence" needed as evidence or evidence is in the vehicle that cannot be obtained at the time of seizure; Paragraph B limits the time a vehicle can be held for evidentiary purposes to 48 hours and limits authority to place holds to supervisors only. Chapter 14 Section 15 -1414 "Seizure and Forfeiture Paragraph A models State Law in allowing vehicles of Vehicles Used in a Crime" to be seized/impounded for forfeiture proceedings for certain classifications of crimes; Paragraph B allows impoundment for anything permitted by State Law. Chapter 14 Section 15 -1421 "Notice of Removal" Models State Law in requiring the Police Department to notify the Oklahoma Department of Public Safety within 72 hours of impounding a vehicle. Chapter 14 Section 15 -1422 "Payment of Cost of Models State Law in placing the burden of payment Removal and Storage" for removal and storage of vehicles, for reasons allowed under law, on the owner of the vehicle. Chapter 15 Section 15 -1423 "Contesting Validity of Paragraphs A -E model State Law and describe in Removal or Storage" detail processes for contesting impoundments. RECOMMENDATION: Staff recommends Council adoption of Ordinance No. 895. ATTACHMENTS 1. Ordinance No. 895 2. Current City Ordinance- Chapter 4 Section 8 -401 through Section 8 -408 3. Current City Ordinance- Chapter 14 Section 15 -1401 through Section 15 -1414 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 895 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 14, IMPOUNDMENT OF VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY AMENDING ORDINANCES WITHIN SAID CHAPTER TO ESTABLISH POLICY FOR IMPOUNDMENT AND TOWING. THIS ORDINANCE AMENDS PART 15, CHAPTER 14, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING CURRENT ORDINANCES 15 -1401 THROUGH 15 -1424. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 15, Traffic and Vehicles, Chapter 14, Impoundment of Vehicles, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: CHAPTER 14 IMPOUNDMENT OF VEHICLES SECTION TWO (2): SECTION 15 -1401 DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this chapter: 1. "Dismantled, junked, abandoned or inoperable vehicles" shall include a vehicle missing a major part(s) that render it inoperable. Missing part(s) include, but are not limited to bodies, engines, transmissions, frames, rear ends, old tires, wheels and upholstering. 2. "Lienholder" means those lienholders as shown on the vehicle title; 3. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind; 4. "Private Property" means any real property in the city which is not public property; 5. "Public Property" means any property owned or controlled in the city limits by the City of Owasso, Tulsa County, Rogers County, the State of Oklahoma or the United States Government, and shall include all streets and highways; and 6. "Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a highway and shall include without limitation any automobile, truck, trailer, motorcycle, boat, personal water craft, travel trailer, tractor, buggy, wagon, or self - propelled farm or construction equipment. 7. "Impoundment" means the physical removal of a vehicle to a designated impound lot or other place of safekeeping designated by the city. (Prior Code Sec. 8 -401) SECTION THREE (3): SECTION 15 -1402 PURPOSE AND EFFECT OF REMOVAL AND IMPOUNDMENT PROVISIONS The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, health, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles. (Prior Code Sec. 15 -1401) State Law Reference: Grounds for removal of vehicles on highways by state, 47 O.S. Section 955; removal of vehicles on private property, 47 O.S. Section 954A. SECTION FOUR (4): SECTION 15 -1403 AUTHORITY TO IMPOUND VEHICLES Police officers and code enforcement officers of the city are hereby authorized within the limits set forth in this chapter and Oklahoma Statutes to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer or code enforcement officer. (Prior Code Sec. 15 -1404) SECTION FIVE (5): SECTION 15 -1404 VEHICLES ON BRIDGE An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel, where the vehicle constitutes an obstruction to traffic or hazard, may be impounded. (Prior Code Sec. 15 -1406) SECTION SIX (6): SECTION 15 -1405 ARREST AND DETENTION OF DRIVER OF VEHICLE Whenever the driver of a vehicle is placed under arrest and is taken into custody by police under circumstances which leaves or will leave a vehicle unattended on any street, highway, or private property not belonging to, leased by, or rented by the driver, the vehicle will be impounded. If the driver is conscious and appears mentally capable of giving consent, the officer will give the driver the option releasing control of the vehicle to a licensed driver who is present at the time of arrest /detention or who can be summoned to the vehicles location in a time that does not unnecessarily delay the officer. (Prior Code Sec. 15 -1407) SECTION SEVEN (7): SECTION 15 -1406 ILLEGAL TRESPASS BY VEHICLE A. An unattended vehicle found to be in violation of this code may be impounded when the required complaint has been properly made and filed as provided in this section. B. If a violation of the provisions of this code occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing. C. Upon filing of the complaint by the property owner or legal occupant, and if there appears to be reasonable cause to believe the provisions of this code have been violated, the police department or code enforcement officer shall cause the vehicle to be impounded from the property and placed in storage. D. In addition to the procedure provided in this section, whenever the owner or legal possessor of real property or an authorized agent has reasonable cause to believe that a vehicle has been abandoned thereon, said vehicle having been on said property for a minimum of forty -eight (48) hours, or whenever a vehicle is left upon said real property without express or implied permission, such vehicle may be removed as provided in this section. E. The owner, legal possessor or authorized agent may request any licensed wrecker or towing service within the county wherein the real property is located to remove the abandoned vehicle from the premises by signing a Tow Request and Authorization Form prescribed by the Department of Public Safety and furnished to licensed wrecker as provided in Oklahoma Statutes. (Prior Code Sec. 15 -1409) State Law Reference: Removal of abandoned vehicles on private property, state procedure, 47 O.S. Section 954A. SECTION EIGHT (8): SECTION 15 -1407 VEHICLES PARKED OVERTIME Any unattended vehicle which has been parked for more than one hour in excess of the time allowed by posted signage for parking on public property shall be impounded. (Prior Code Sec. 15 -1410) SECTION NINE (9): SECTION 15 -1408 VEHICLES BLOCKING FIRE EXITS OR HYDRANTS Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit, blocks ready access to a fire hydrant or is left unattended in a fire lane shall be impounded. (Prior Code Sec. 15 -1411) SECTION TEN (10): SECTION 15 -1409 VEHICLES PARKED IN INTERSECTION Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing. (Prior Code Sec. 15 -1412) 4 SECTION ELEVEN (11): SECTION 15 -1410 RECOVERED STOLEN VEHICLES A. Whenever a stolen vehicle is located by police, efforts to contact the owner of the vehicle will be made. If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his own arrangement for the removal of the vehicle within a reasonable amount of time from the time he is actually notified of its recovery. If the owner or his or her agent cannot be contacted in a reasonable amount of time or is contacted but is unable or unwilling to effect the removal within a reasonable amount of time, the vehicle may be impounded. B. If a stolen vehicle is located by police and the registered owner cannot be contacted, the registered owner cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle poses a safety risk, or the vehicle was used in the commission of a crime and it is necessary to collect evidence, the vehicle may be removed by the next available licensed wrecker or towing service on call rotation and moved to their designated impound lot or other place of safekeeping designated by the city. The registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the police department. (Prior Code Sec. 15 -1413) SECTION TWELVE (12): SECTION 15 -1411 MOTOR VEHICLE COLLISIONS A. Vehicles may be impounded if the vehicle is needed for purposes of the investigation following a vehicle collision involving serious personal injury or death. B. Following motor vehicle collisions, a police officer may request impoundment when the operator is unable or unwilling to take charge of the vehicle and the vehicle cannot be legally parked and sufficiently secured at the scene, or there is property in or attached to the vehicle that cannot be sufficiently secured at the scene or placed in the custody of a responsible party. SECTION THIRTEEN (13): SECTION 15 -1412 VEHICLES NOT BEARING OR DISPLAYING PROPER LICENSE PLATE After ninety (90) days from the expiration date for annual registration of a vehicle, police officers may seize and take into custody every vehicle owned within this state not bearing or displaying a proper license plate required by the Oklahoma Vehicle License and Registration Act. The vehicle shall not be released to the owner until it is duly registered and the license, registration, or title fee and penalties due are paid in full, proof of security or an affidavit that the vehicle will not be used on public highways or public streets, as required by Oklahoma Statutes, is furnished, and the cost of seizure, including the reasonable cost of taking the vehicle into custody and storing the vehicle have been paid. State Law Reference: Duty to seize vehicles not bearing or displaying proper license plate, 47 0. S. Section 1115.1. SECTION FOURTEEN (14): SECTION 15 -1413 IMPOUNDMENT OF VEHICLES FOR EVIDENCE A. Any vehicle may be impounded if there is probable cause that the vehicle was used as an instrument in a crime and the vehicle is needed as evidence of the crime, or the vehicle contains evidence of a crime that cannot be processed at the scene and must be secured to ensure evidentiary integrity. B. A hold may be placed on any vehicle impounded for evidence for forty -eight (48) hours. Holds needed beyond the forty -eight (48) hour time period require that a written request be made to the licensed wrecker or towing service to extend the hold. Only a police supervisor can authorize a hold on a vehicle for evidence. SECTION FIFTEEN (15): SECTION 15 -1414 SEIZURE AND FORFEITURE OF VEHICLES USED IN CRIME A. Any police officer of the city is authorized to seize any vehicle owned by or registered to the defendant used in the commission of any armed robbery offense, as defined in Oklahoma Statutes, or any vehicle owned by or registered to the defendant when such vehicle is used to facilitate the intentional discharge of any kind of firearm, as defined in Oklahoma Statutes, or any vehicle, airplane, vessel, vehicles or parts of vehicles whose numbers have been removed, altered or obliterated so as to prevent determination of the true identity or ownership of said property and parts of vehicles which probable cause indicates are stolen but whose true ownership cannot be determined, or any vehicle owned by or registered to the defendant used in violation of the Trademark Anti- Counterfeiting Act, or any equipment owned by or registered to the defendant which is used in the attempt or commission of any act of burglary in the first or second degree, motor vehicle theft, unauthorized use of a vehicle, obliteration of distinguishing numbers on vehicles or criminal possession of vehicles with altered, removed or obliterated numbers as defined in Oklahoma Statutes, or any vehicle, airplane or vessel owned by or registered to the defendant used in the commission of any arson offense defined in Oklahoma Statutes. Said property may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the district attorney in the proper county of venue as petitioner; provided, in the event the district attorney elects not to file such action, or fails to file such action within ninety 0 (90) days of the date of the seizure of such equipment, the property shall be returned to the owner. B. In addition to the provisions of subsection A of this section, vehicles may be seized for any other reason allowed in Oklahoma Statutes. State Law Reference: Seizure and forfeiture of vehicles, airplanes, and other property used in crime - procedure, 47 O.S. Section 1738. SECTION SIXTEEN (16): SECTION 15 -1415 ABANDONED, JUNKED VEHICLES PROHIBITED No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts thereof or any vehicle legally or physically incapable of being operated for a period exceeding forty -eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored. (Prior Code 8 -402) SECTION SEVENTEEN (17): SECTION 15 -1416 ABANDONED, JUNKED VEHICLES CONSIDERED A NUISANCE The accumulation or storage of one or more dismantled, junked, abandoned, inoperable or unserviceable vehicles or parts thereof shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It is the duty of the owner of such vehicles or parts thereof, or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or other private property. (Prior Code 8 -403) SECTION EIGHTEEN (18): SECTION 15 -1417 VEHICLES OBSTRUCTING TRAFFIC OR HIGHLY SUSCEPTIBLE TO DAMAGF If a police officer of the city or the code enforcement officer of the city has reasonable cause to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such officer shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. (Prior Code Sec. 8 -404, 15 -1408) State Law Reference: Authorization to remove abandoned vehicle, 47 O.S. Section 902. SECTION NINETEEN (19): SECTION 15 -1418 ABANDONED VEHICLES ON PUBLIC PROPERTY Any police officer of the city or code enforcement officer of the city shall have the authority to remove or direct the removal of an abandoned, dismantled, junked or inoperable vehicle when same is found upon any portion of the highway, shoulder, right -of -way, or other public property, if after a period of forty -eight (48) hours from the time of posting of notification on the vehicle directing removal of same, there is no evidence of an apparent owner who intends to remove the vehicle. (Prior Code Sec. 8 -405) SECTION TWENTY (20): SECTION 15 -1419 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY A. Any police officer of the city or code enforcement officer of the city, shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon private property within the corporate limits of the city. B. The police officer or code enforcement officer, as may be designated by the city manager, shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt requested, or by personal service, or by attaching a copy of the notice in a conspicuous place on the property to be removed, and if there be a building located on the property, by attaching a copy of the notice to the main entranceway of the building in a conspicuous place thereon. Notice may also be given by service of same on a person in possession or control of the property as owner, lessee, custodian or licensee over the age of fifteen (15) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following information: 1. The nuisance must be abated within forty -eight (48) hours after receipt of notice by certified mail or within forty -eight (48) hours ofposting of notice or upon personal service as hereinbefore provided; 2. The owner or person having control of the property upon which the nuisance is located may, within the forty -eight (48) hour period provided for in the notice for removal, request, in writing, directed to the code enforcement officer of the city, a hearing before the city council of the city; 3. The failure to request a hearing within the time period shall cause an abatement order to be issued and the same shall be removed by the proper city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of the property; 4. If a hearing as above provided is requested within the time provided, a hearing shall be set before the city council not less than (5) days nor more than (15) days from the request. At such hearing the owner may appear and protest and show cause why such abatement order should not be issued; and 5. If the city council determines a nuisance exists and if the city council orders an abatement after the hearing provided herein, the same shall be removed by the city at the cost of the owner or the person having control of the property upon which the nuisance is located; provided, the city shall allow the owner or person having control thereof seventy -two (72) hours after such order within which to abate the nuisance. C. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the property on which the vehicle is located to request a hearing within the time provided as provided in the preceding subsection, or to remove the vehicle or to place it in an enclosed building, the city shall have the right to abate the nuisance forthwith without further notice or time being given. D. If such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the hearing, then such owner, lessee or person having control of the property shall abate same within seventy -two (72) hours of the ruling. E. The city manager, if same is not abated within seventy -two (72) hours of the order of abatement, shall direct the code enforcement officer, to cause the removal and abatement of such nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or person in control of the property upon which the vehicle is located. F. The owner of any vehicle so removed may regain possession thereof by making application to the code enforcement officer within thirty (30) days after removal and upon payment to the city all reasonable costs of removal and storage which shall have accrued to such vehicle. If the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial manner. After payment of towing and storage costs, all funds remaining shall become the property of the city. W (Prior Code 8 -406) SECTION TWENTY -ONE (21): SECTION 15 -1420 PLACE OF IMPOUNDMENT Vehicles that are impounded under the provisions of this chapter shall routinely be removed by the next available licensed wrecker or towing service on call rotation to their designated impound lot or other place of safekeeping designated by the city. Exigent circumstances; however, may require removal and storage of the vehicle by other means. (Prior Code Sec. 15 -1402) SECTION TWENTY -TWO (22): SECTION 15 -1421 NOTICE OF REMOVAL Any such officer who has removed or directed the removal of any vehicle, or an authorized person within the police department, shall within seventy -two (72) hours of such removal notify the Oklahoma Department of Public Safety of such removal. The notice of removal shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the officer's estimated value. Upon receipt of such notice of removal, the Department of Public Safety is required by Oklahoma Statute to send a notice to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by the Tax Commission or motor license agent, of the vehicle's location. State Law Reference: Notice of removal — civil liability, 47 O.S. Section 903. SECTION TWENTY -THREE (23): SECTION 15 -1422 PAYMENT OF COST OF REMOVAL AND STORAGE The owner of a motor vehicle or lienholder of the vehicle in violation of the provisions of this chapter, or the owner of any vehicle or lienholder of the vehicle or insurer accepting liability for paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner which shall have been lawfully removed from any highway or other public property may regain possession of the vehicle in accordance with regulations of the Oklahoma Department of Public Safety upon payment of the reasonable cost of removal and storage of such vehicle to the licensed wrecker or towing service. The licensed wrecker or towing service is authorized to collect all lawful fees from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services. The licensed wrecker or towing service shall release the vehicle from storage upon HEI authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, the insurer accepting liability for paying the claim on the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale. State Law Reference: Payment of cost of removal and storage, 47 O.S. Section 904. SECTION TWENTY -FOUR (24): SECTION 15 -1423 CONTESTING VALIDITY OF REMOVAL OR STORAGE A. After the removal or storage of any abandoned or wrecked vehicle at the request of a police officer or code enforcement officer of the city, the registered or legal owner of the vehicle, or their agent, may contest the validity of the removal or storage, by filing a written request for a hearing with the city manager. The written request may be filed before or after the vehicle is retrieved from the storage operator. Provided, however, the city shall not be required to conduct a hearing if the request is received more than ten (10) days following actual or constructive notice to the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing shall be scheduled within seventy -two (72) hours of the request, excluding weekends and holidays. The city may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the removal or storage of the vehicle. The city may, with the consent of the person requesting the hearing, schedule the hearing by telephone and conduct the hearing on the merits by telephone conference call. B. The hearing officer shall apply the law to the evidence and make a determination whether the vehicle removal and storage was justified. If deemed unjustified, the city shall bear the cost of hookup and tow mileage, and the licensed wrecker or tow service shall waive all storage costs in such cases as a condition of eligibility to respond to a service call request from the city. The vehicle owner or agent shall not be charged any type of fee or costs relating to impoundment or storage in such case. If the tow and storage is deemed justified, the owner or agent shall bear the cost of reasonable tow and storage. In either case, prior to the release of the vehicle to the owner or agent, proof of security or an affidavit that the vehicle will not be used on public highways or public streets shall be furnished to the city. C. Failure of either the registered or legal owner, or their agent, to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirements in this section. D. The hearing conducted by the city pursuant to this section shall not be governed by the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes. The owner of a stored vehicle may, either in lieu of such hearing or after such hearing, file a petition in the district court of the county wherein the vehicle is stored. The district court is vested with original jurisdiction to conduct a de novo hearing and determine the validity of removal and storage. E. The provisions of this section shall not apply to the removal of vehicles abated pursuant to Section 954A of Title 47 of the Oklahoma Statutes. m State Law Reference: Contesting validity or removal or storage — request for hearing, 47 O.S. Section 903A. SECTION TWENTY -FIVE (25): SECTION 15 -1424 PENALTY Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1 -108 of this code. (Prior Code Sec. 8 -408) SECTION TWENTY -SIX (26): REPEALER A. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION TWENTY -SEVEN (27): SEVERABILITY B. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION TWENTY -EIGHT (28): DECLARING AN EFFECTIVE DATE C. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION TWENTY -NINE (29): CODIFICATION D. The City of Owasso Code of Ordinances is hereby amended by amending the ordinances within Chapter 14 of Part 15 of the Code to be codified in Part 15, Chapter 14, as sections 15 -1401 through 15 -1424. PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2007. DJ Gall, Vice Mayor LN ATTEST: Sherry Bishop, City Clerk (S E A L) APPROVED as to form and legality this day of 12007. Julie Lombardi City Attorney 13 Health and Sanitation CCJ /!'ti' T CHAPTER 4 ABANDONED, WRECKED AUTOS Section 8 -401 Definitions Section 8 -402 Abandoned, Wrecked Autos Prohibited Section 8-403 Nuisance Section 8 -404 Immediate Removal of Vehicle Obstructing Traffic Section 8-405 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles from Public Property Section 8-406 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles Located on Private Property Section 8 -407 Owner May Regain Section 8-408 Penalty SECTION 8-401 DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this chapter: 1. "Dismantled, junked, abandoned or inoperable vehicles" shall be deemed and means to include the major parts thereof including bodies, an engine, transmissions, frames, rear ends and old tires, wheels and upholstering; 2. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind; 3. "Private Property" means any real property in the city which is not public property; 4. "Public Property" means any property owned or controlled in the city limits by the city, Tulsa County, the state or United States Government, and shall include all streets and highways; and 5. "Vehicle" means any machine propelled by owner other than by muscle and shall include without limitation any automobile, truck, trailer, motorcycle, tractor, buggy, wagon, or self - propelled farm or construction equipment. (Prior Code Sec. 13-49) State Law Reference: Removal of abandoned vehicles on private property, state procedure, 47 O.S. Section 954A. SECTION 8-402 ABANDONED, JUNKED VEHICLES PROHIBITED No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts thereof or any vehicle legally or physically incapable of being operated, for a period exceeding forty-eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored. Page 8 -25 Health and Sanitation SECTION 8-403 NUISANCE The accumulation or storage of one or more vehicles or parts thereof as described in Sections 8 -401 and 8 -402 of this code shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It is the duty of the owner of such vehicles or parts thereof, or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or other private property. (Prior Code, Sec. 13 -52) SECTION 8 -404 IMMEDIATE REMOVAL OF VEHICLE OBSTRUCTING TRAFFIC A. If a police officer of the city or the code enforcement officer of the city, has reasonable cause to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such officer shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. B. If the value of the abandoned vehicle is certified as One Hundred Dollars ($100.00) or less, then within ten (10) days of the date of the certification of sale value, written notice shall be sent by the certifying officer or an authorized member of his agency, to the last known registered owner of the vehicle, stating the location where the abandoned vehicle was found, the certified sale value, the physical description of the vehicle, the license registration number, and the location where the vehicle is being stored. If the abandoned vehicle has not been recovered by the owner by payment of all costs of impounding, towing, storage and other related charges, then thirty (30) days from the date of the certification of value, the certifying officer, or an authorized member of his agency, shall then authorize disposal, by selling for salvage or in some other manner, of the abandoned vehicle without further notice. All proceeds realized from the disposal of the abandoned vehicle shall, after payment of any costs involved, be deposited with the appropriate depository of the city. C. If the abandoned vehicle is valued at sale for more than One Hundred Dollars ($100.00), the procedures prescribed by Sections 903 through 911 of Title 47 Oklahoma Statutes shall be applicable. (Ord. No. 375, 11/3/87) SECTION 8-405 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES FROM PUBLIC PROPERTY A. Any police officer of the city or code enforcement officer of the city, shall have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon any portion of the highway, shoulder, right -of -way, or other public property, if after a period of forty-eight (48) hours from the time of posting of notification on the vehicle directing removal of same, there is no evidence of an apparent owner who intends to remove same. B. The notice provided for above shall be in writing and contain the request for removal within the time specified in this chapter, to -wit, forty-eight (48) hours. The notice shall advise that upon a failure to comply with the notice to remove, the city, or its designee, will undertake such removal with the cost of the removal to be levied against the owner of the property. Such notice shall further provide that the owner or such owner's authorized representative, may, within the time specified in the notice, contact the city manager of the city, for the purposes of challenging whether or not such vehicle constitutes a nuisance, as defined herein and whether same should be removed. If the vehicle has not been removed within the forty-eight (48) hour period provided for in the notice, or a hearing, as above provided for with the city manager, is not requested within such time, the vehicle shall at the expiration of the forty -eight (48) hour period be removed, impounded and stored for violation of this chapter. Subsequent to such removal, the code enforcement officer shall give notice to the owner of the location where the vehicle is Page 8 -26 Health and Sanitation stored and the cost incurred by the city for the removal; whereupon, the vehicle shall be re- delivered to the owner, or sold, under the conditions as provided for in Section 8 -407. (Ord. No. 375, 11/3/87) SECTION 8 -406 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY A. Any police officer of the city or code enforcement officer of the city, shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon private property within the corporate limits of the city. B. The police officer or code enforcement officer, as may be designated by the city manager, shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt requested, or by personal service, or by attaching a copy of the notice in a conspicuous place on the property to be removed, and if there be a building located on the property, by attaching a copy of the notice to the main entranceway of the building in a conspicuous place thereon. Notice may also be given by service of same on a person in possession or control of the property as owner, lessee, custodian or licensee over the age of fifteen (15) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following information: 1. The nuisance must be abated within forty-eight (48) hours after receipt of notice by certified mail or within forty -eight (48) hours of posting of notice or upon personal service as hereinbefore provided; 2. The owner or person having control of the property upon which the nuisance is located may, within the forty-eight (48) hour period provided for in the notice for removal, request, in writing, directed to the code enforcement officer of the city, a hearing before the city council of the city; 3. The failure to request a hearing within the time period shall cause an abatement order to be issued and the same shall be removed by the proper city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of the property; 4. If a hearing as above provided is requested within the time provided a hearing shall be set before the city council not less than five (5) days nor more than fifteen (15) days from the request. At such hearing the owner may appear and protest and show cause why such abatement order should not be issued; and 5. If the city council determines a nuisance exists and if the city council orders an abatement after the hearing provided herein, the same shall be removed by the city at the cost of the owner or the person having control of the property upon which the nuisance is located; provided, the city shall allow the owner or person having control thereof seventy-two (72) hours after such order within which to abate the nuisance. C. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the property on which the vehicle is located to request a hearing within the time provided as provided in the preceding subsection, or to remove the vehicle or to place it in an enclosed building, the city shall have the right to abate the nuisance forthwith without further notice or time being given. D. If such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the Page 8 -27 / Health and Sanitation hearing, then such owner, lessee or person having control of the property shall abate same within seventy - two (72) hours of the ruling. E. The city manager, if same is not abated within seventy -two (72) hours of the order of abatement, shall direct the code enforcement officer, to cause the removal and abatement of such nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or person in control of the property upon which the vehicle is located in the manner as provided for in Section 8-407. SECTION 8 -407 OWNER MAY REGAIN The owner of any vehicle so removed may regain possession thereof by making application to the code enforcement officer, within thirty (30) days after removal and upon payment to the city all reasonable costs of removal and storage which shall have accrued to such vehicle. If the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial manner. After payment of towing and storage costs, all funds remaining shall become the property of the City. SECTION 8-408 PENALTY Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1 -108 of this code. Page 8 -28 Section 15 -1401 Section 15 -1402 Section 15 -1403 Section 15 -1404 Section 15 -1405 Section 15 -1406 Section 15 -1407 Section 15 -1408 Section 15 -1409 Section 15 -1410 Section 15 -1411 Section 15 -1412 Section 15 -1413 Section 15 -1414 SECTION 15 -1401 Traffic and Vehicles L/ 0i01e''17 -/ CHAPTER 14 IMPOUNDMENT OF VEHICLES Purpose and Effect of Impoundment Provisions' Place of Impoundment Duration of Impoundment Police Granted Authority to Impound Vehicles Disabled Vehicles Vehicles on Bridge Arrest and Detention of Driver of Vehicle Vehicle Constitutes Traffic Hazard Illegal Trespass by Vehicle Vehicles Parked Overtime Vehicles Blocking Fire Exits or Hydrants Vehicles Parked in Intersection Stolen Vehicles; Recovery by Police Vehicles With Outstanding Traffic Citations PURPOSE AND EFFECT OF IMPOUNDMENT PROVISIONS The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles. (Prior Code, Chapter 20) State Law Reference: Grounds for removal of vehicles on highways by state, 47 O.S. Section 955; removal of vehicles on private property, 47 O.S. Section 954A. SECTION 15 -1402 PLACE OF IMPOUNDMENT Every vehicle that is impounded under the provisions of this chapter shall be removed to the nearest garage or place of safekeeping designated by the city council, and to no other place. (Prior Code, Chapter 20) SECTION 15 -1403 DURATION OF IMPOUNDMENT A. Except as otherwise provided, any vehicle impounded under the authority of this chapter shall be stored and held safely until an order for its release is received from an officer of the traffic violations bureau or other proper police officer. B. The order of release of an impounded vehicle shall be conditioned upon the payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle. C. No order of release of an impounded vehicle shall be issued until all fines and costs due the city because of traffic law or other law violations involving the vehicle have been paid. (Prior Code, Chapter 20) Page 15 -87 Traffic and Vehicles SECTION 15 -1404 POLICE GRANTED AUTHORITY TO IMPOUND VEHICLES Members of the police department are hereby authorized within the limits set forth in this chapter to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this chapter. (Prior Code, Chapter 20) SECTION 15 -1405 DISABLED VEHICLES A disabled vehicle upon a street or highway may be impounded under the following circumstances: 1. If left unattended and improperly parked on street or highway and constitutes a definite hazard or obstruction to the normal movement of traffic; or 2. If the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal and the vehicle is so disabled as to constitute an obstruction to traffic or a hazard. (Prior Code, Chapter 20) SECTION 15 -1406 VEHICLES ON BRIDGE An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel, where the vehicle constitutes an obstruction to traffic or hazard, may be impounded. (Prior Code, Chapter 20) SECTION 15 -1407 ARREST AND DETENTION OF DRIVER OF VEHICLE Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, the vehicle may be impounded. (Prior Code, Chapter 20) SECTION 15 -1408 VEHICLE CONSTITUTES TRAFFIC HAZARD A vehicle left unattended upon any street, alley or thoroughfare and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic shall be impounded. (Prior Code, Chapter 20) SECTION 15 -1409 ILLEGAL TRESPASS BY VEHICLE A. An unattended vehicle found to be in violation of this code may be impounded when the required complaint has been properly made and filed as provided in this section. B. If a violation of the provisions of this code occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing. >:/ Page 15 -88 + Traffic and Vehicles C. Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of this code have been violated, the police department shall cause the vehicle to be impounded from the property and placed in storage. SECTION 15 -1410 VEHICLES PARKED OVERTIME Any unattended vehicle which has been parked for more than one hour in excess of the time allowed for parking in any place shall be impounded. (Prior Code, Chapter 20) SECTION 15 -1411 VEHICLES BLOCKING FIRE EXITS OR HYDRANTS Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant shall be impounded. SECTION 15 -1412 VEHICLES PARKED IN INTERSECTION Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing. SECTION 15 -1413 STOLEN VEHICLES: RECOVERY BY POLICE A. Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding one hour, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place to impoundment and the registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the police department. B. If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his own arrangement for the removal of the vehicle within the period of one hour from the time he is actually notified of its recovery, and if the owner is unable or unwilling to effect the removal within the time specified the vehicle may be impounded. SECTION 15 -1414 VEHICLES WITH OUTSTANDING TRAFFIC CITATIONS Any vehicle for which two (2) or more citations have been issued, pursuant to this code for violation of an ordinance, and have not been presented as required, may be impounded if parked in violation of any provision of this part. (Prior Code, Chapter 20) Page 15 -89 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY AND GENERAL COUNSEL DAN YANCEY CHIEF OF POLICE SUBJECT: ORDINANCE NO. 896 - RELATING TO FINES FOR SPEEDING IN A CONSTRUCTION WORK ZONE DATE: June 12, 2007 BACKGROUND The Owasso Police Department, as well as the Public Works department and contractor crews hired by the City, are experiencing increasing difficulty ensuring the safety of workers performing maintenance, repair and construction tasks in construction area work zones. A construction or maintenance work zone is defined within the Oklahoma statutes as a place where street or utility construction, repair or maintenance is in progress and where workers are present. Although these construction, maintenance and repair zones are clearly marked with traffic control devices and reduced speed limits are plainly posted, motorists habitually speed through these work zones, fail to obey the traffic control devices and disregard the directions and instructions of flag persons posted at the construction site to guide traffic. As a result, worker safety in these areas is severely compromised. In 2001, the State of Oklahoma enacted a statute addressing this problem which doubled the fines assessed against motorists guilty of speeding in construction areas and /or disobeying other traffic control devices in a work zone. Since that time, numerous municipalities have followed suit and enacted ordinances mirroring the state statute. Adoption of such a municipal ordinance allows speeding and other vehicular violations occurring in construction work zones to continue to be prosecuted in our municipal court while providing some "teeth" to the penalty by doubling the applicable fine assessed against the offender. Staff believes this strengthened penalty will effectively act as a deterrent to motorists who speed or commit other moving violations within a construction zone. The proposed amendments to Section 15 -210 in this ordinance are substantially taken from two state statutes addressing the issue of speed limitations and other motorist violations in construction work zones, ( 47 O.S. §11 -1302; 47 O.S. §11 -806). This ordinance defines a construction or maintenance work zone and provides that fines shall be doubled for speeding violations and other violations of the ordinance. In connection with that penalty, the ordinance requires that the applicable speed limit shall be posted in all construction areas. RECOMMENDATION Staff recommends Council adoption of Ordinance No. 896 amending Section 15 -210 of the Owasso Code of Ordinances which increases the fines for speeding in a work construction zone. ATTACHMENT Ordinance No. 896 - Maintenance and Construction Zones, Section 15 -210 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 896 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY AUTHORIZING AN INCREASE OF THE FINE FOR VIOLATIONS OF THE POSTED SPEED LIMIT IN CONSTRUCTION ZONES. THIS ORDINANCE AMENDS PART 15, CHAPTER 2, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 15 -210, MAINTENANCE AND CONSTRUCTION ZONES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 15, Traffic and Vehicles, Chapter 2, Enforcement, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 15 -210 MAINTENANCE AND CONSTRUCTION ZONES SECTION TWO (2): A. City personnel or contractors, while repairing, improving or maintaining the streets of the City, and City personnel and utility companies, when installing, improving, or repairing lines or other utility facilities in the streets, are hereby authorized as may be necessary, subject to control by the City Manager, to close any street or section thereof to traffic during such repair, maintenance, or construction. In exercising this authority, the appropriate personnel, contractor or utility company shall erect or cause to be erected proper traffic control devices and barricades to warn and notify the public that the street has been closed to traffic. B. When any street has been closed to traffic under the provisions of Subsection A of this section and traffic control devices or barricades have been erected, it is unlawful for any person to drive any vehicle through, under, over, or around such traffic control devices or barricades, or otherwise to enter the closed area. The provisions of this subsection shall not apply to persons entering the closed area or zone for the purpose of protecting lives or property, or to those engaged in the construction, maintenance or repair of the street or utility. Persons having their places of residence or places of business within the closed area may travel, whenever possible to do so, through the area at their own risk. C. Whenever construction, repair, or maintenance of any street, utility line or any other facility is being performed at or near a place where vehicles travel, the City personnel, contractor, or utility company concerned shall erect, or cause to be erected, traffic control devices to warn and guide the public. Every person using the street shall obey all signs, signals, markings, flag persons, or other traffic control devices which are placed to regulate, control, and guide traffic through the construction or maintenance area. "Construction or maintenance area" means any area upon or around any street or alley that is visibly marked as an area where street or utility construction, repair or maintenance is temporarily occurring, and where workers engaged in the construction, maintenance or repair may be present. The construction area also includes the lanes of a street leading up to the area where construction, repair or maintenance is occurring, starting at the point where properly posted traffic control devices begin to warn and guide the public into and through the construction area, including, but not limited to, instructions to merge from one lane into another lane, to reduce speed or to follow the directions given by flag persons. D. The maximum speed a vehicle may be driven in a construction area shall be plainly posted in the construction area. Violation of the posted speed limit in the repair, maintenance or construction area, or violation of any other provision within this ordinance, shall result in the doubling of the appropriate fine. (State Law Reference: 47 O.S. § 11 -1302 — Maintenance and Construction Zones; 47 O.S. § 11 -806 — Special Speed Limitations.) SECTION THREE (3): REPEALER All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): 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 SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by amending an existing ordinance codified in Part 15, Chapter 2, as Section 15 -210. PASSED by the City Council of the City of Owasso, Oklahoma on the 19th day of June, 2007. DJ Gall, Vice Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 19th day of June, 2007. Julie Lombardi, City Attorney MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR END DATE: June 15, 2006 BACKGROUND: The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a department or to transfer appropriations between departments within the same fund. A supplement or increase in total appropriations in a fund requires City Council approval. The trust authorities (OPWA and OPGA) are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. Staff is not requesting year -end appropriations for the OPWA or for the OPGA. Staff is requesting a supplemental appropriation for the Ambulance Fund for City Council consideration. AMBULANCE SERVICE FUND. Actual revenue in the Ambulance Service Fund currently exceeds budget by more than $73,000 and is projected to exceed budget by up to $140,000. Most of the increase in revenue is due to the increase in billings for ambulance service. Revenues of the ambulance service are required by city ordinance to be divided among the Ambulance Service Fund, the Ambulance Capital Fund and the Fire Capital Fund. Most revenues are receipted directly into the Ambulance Service Fund, and then the designated percentage of revenues is transferred to the Ambulance Capital Fund and the Fire Capital Fund. This transfer of funds is an expenditure under budgetary statutes and is subject to the limits of the approved budget. Revenues in the Ambulance Service Fund are projected to exceed budget by $140,000. The resulting transfers from the Ambulance Service Fund to the Ambulance Capital Fund and the Fire Capital Fund are projected to exceed the appropriations by $25,000. Staff will request a budget amendment for the Ambulance Service Fund increasing estimated revenues by $140,000 and increasing the appropriation for expenditures by $25,000. RECOMMENDATION: Staff recommends City Council approval of a budget amendment increasing estimated revenue by $140,000 and increasing the appropriation for expenditures by $25,000 in the Ambulance Service Fund. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ADMINISTRATIVE SERVICES DIRECTOR SUBJECT: RESOLUTION NO. 2007-08 FISCAL YEAR 2007 -2008 BUDGET DATE: June 15, 2007 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund, OPGA Fund and other funds has been developed and transmitted for your review. On May 24, 2007 legal notice of a public hearing was published in the Owasso Reporter, and such hearing was conducted on June 5, 2007. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget. In addition, copies of the proposed budget have been available for public review. State statutes require adoption of an annual budget by the City Council through a resolution. Resolution No. 2007 -08 with "Attachment A" (budget summary) provides for the adoption of a fiscal year budget for the General Fund and other funds of the city with total resources (fund balance, revenues and transfers in) of $46,172,906 and total appropriations by department of $46,739,897. The Municipal Budget Act authorizes an alternate method of budgeting for grants and capital projects that extend beyond a single fiscal year. The existing budgets may be reappropriated to the same project in the succeeding fiscal year without specifying the exact dollar amount. For example, this allows the budget for the fire station #3 to automatically roll forward into the new fiscal year. If approved by Council, wording in Resolution No. 2007 -08 will reappropriate funds for all incomplete projects in the Capital Improvements Fund, the Park Development Fund and the Capital Projects Grant Fund. RECOMMENDATION: The staff recommends City Council approval of Resolution No. 2007 -08 adopting a fiscal year 2007- 2008 budget for the General Fund and all other funds of the City. ATTACHMENT: Resolution No. 2007 -08 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2007 -08 A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL OPERATING BUDGET FOR THE GENERAL FUND AND OTHER FUNDS AS ESTABLISHED BY THE OWASSO CITY COUNCIL; CLASSIFYING REVENUES FOR EACH FUND; ESTABLISHING LEVELS OF EXPENDITURES BY CLASSIFICATION AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS: It is the intent of the Owasso City Council to adopt an operating budget for fiscal year 2007 -2008; and WHEREAS: The adoption of such budget is vital to the continuation of services to the citizens of Owasso; and WHEREAS: Public access to the adopted budget is desired; and WHEREAS: Certain publication and filing requirements are mandated by State Statutes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: THAT: The revenues, expenditures and transfers as shown on Attachment "A" shall be appropriated for each fund; and THAT: The encumbrances and unexpended appropriation balances for the Capital Improvements Fund, the Park Development Fund, and the Capital Projects Grant Fund for Fiscal Year 2006 -2007 be and the same are hereby reappropriated to the same funds, accounts and for the same purposes for Fiscal Year 2007 -2008 unless the project or purpose is designated or declared closed or completed; and THAT: The effective date of this Resolution shall be July 1, 2007. APPROVED AND ADOPTED this 191" day of June, 2007 by the City Council of the City of Owasso, Oklahoma. Stephen Cataudella, Vice Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Attachment A City of Owasso - Budget Summary Fiscal Year 2007 -2008 Appropriation by Fund & Department General Fund -- Municipal Court 170,360.00 Managerial 751,095.00 Finance 503,420.00 Human Resources 315,492.00 General Government 422,700.00 Community Development 480,075.00 Engineering 472,130.00 Information Technology 447,875.00 Support Services 392,417.00 Cemetery 6,055.00 Police Services 4,112,508.00 Police Communications 429,031.00 Animal Control 141,153.00 Fire Services 3,123,920.00 Emergency Preparedness 135,855.00 Streets 727,070.00 Stormwater 447,725.00 Parks 518,921.00 Community Center 166,700.00 Historical Museum 82,297.00 Economic Development 168,047.00 Interfund Transfers Out 16,501,125.00 Ambulance Service Fund -- Ambulance Operations 909,165.00 Interfund Transfers Out 163,125.00 E -911 Fund -- Police Communications 262,890.00 Emergency Siren Fund -- Emergency Preparedness 20,000.00 Juvenile Court Fund -- Juvenile Court 35,000.00 Hotel /Motel Tax Fund -- Economic Development 68,000.00 Stormwater Management Fund -- Stormwater 533,000.00 Animal Sterilization Fund -- Animal Control 6,200.00 Capital Improvements Fund -- Public Safety 500,000.00 Streets 9,500,000.00 Parks 400,000.00 Ambulance Capital Fund -- Ambulance Operations 218,790.00 Fire Capital Fund -- Fire Services 55,000.00 Park Development Fund -- Parks 20,000.00 Capital Projects Grants Fund -- Parks 58,696.00 City Garage Fund -- Vehicle Maintenance 373,060.00 Workers' Comp Self -Ins Fund -- General Government 385,000.00 Self- Insurance Fund -- General Government 256,000.00 Healthcare Self Ins Fund -- General Government 2,460,000.00 Total Appropriation 46,739,897.00