HomeMy WebLinkAbout2023.12.12_Worksession AgendaThis meeting Is a worksesslon for Council/Trusiee discussion only.
There is no opportunity for public comments at work session.
PUBLIC NOTICE OF THE JOINT MEETING OF THE
OWASSO CITY COUNCIL
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
OWASSO PUBLIC GOLF AUTHORITY (OPGA)
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, December 12, 2023 - 6:00 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing,
AGENDA RECEIVED
1. Call to Order - Mayor /Chair Kelly Lewis DEC 0 7 2023
2. Roll Call City Clerk's Office
3. Discussion relating to Community Development Department Items
Brian Dempster /Wendy Kramer
A. Request for a final plat for Kelly Acres, approximately 2.22 acres located west of North 97th East
Ave and East 102nd Street North
B. Request for annexation (OA 23 -02) of approximately 1.16 acres located at 12025 East 111th
Street North and rezoning (OZ 23 -08) from Agriculture (AG) to Residential Single - Family Low
Density (RS -1)
4. Discussion relating to an Interlocal Contract for Governmental Services between the City of Owasso
and Rogers County for the replacement of the bridge on East 86th Street North between North 145th East
Avenue to North 161st East Avenue
Roger Stevens
5. Discussion relating to proposed revisions to the City Council Code of Ethics and Conduct Policy
Julie Lombardi
6. Discussion relating to amendments to the Owasso Redbud District Project Plan, Increment District No.
Policy Guide
Chris Garrett
7. Discussion relating to City /Authority Manager items
Warren Lehr
A. Monthly sales tax report and revenue outlook
8. City /Authority Manager report
9. City Councilor /Trustee comments and inquiries
10. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 9, 2022, and the Agenda
posted at City Hall, 200 South Main Street, at 5:00 pm a Thursday, December], 2023.
Juliann M. Stevens, City Clerk
The City of Owasso encourages citizen participation. To request bn accommodation due to a disability, contact the City Clerk prior
to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @cifyofowosso.com
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer, AICP, Planning Manager
SUBJECT:Final Plat - Kelly Acres
DATE: December 7, 2023
BACKGROUND: The Community Development Department received an application for review and approval of a final
plat for Kelly Acres. The subject property is located west of the intersection of North 971h East Avenue
and East 102nd Street North.
SUBJECT PROPERTY /PROJECTDATA:
Property Size
2.22 acres +/-
Current Zoning
Residential Estate (RE)
Present Use
Vacant
Proposed Use
Single - Family Homes
Lots /Blocks
2 Lots /1 Block
Land Use Master Plan
Residential
Within a Planned Unit
Development PUD ?
No
Within an Overlay District?
No
Water Provider
City of Owasso
Applicable Paybacks
(Assessed at Platting)
Ranch Creek Sewer Assessment Area ($610.33 per acre)
Storm Siren Fee 50.00 per acre
ANALYSIS:
• The subject property was annexed into Owasso City Limits with Ordinance 1053 in 2015.
• This is a two (2) lot, one (1) block final plat for a single- family residential development. Said
development will be approximately 2.22 acres in size, yielding a gross density of 0.90 dwelling
units per acre (DU /Ac).
o All of the proposed lots as depicted on this Plat meet the bulk and area requirements
stipulated in the Owasso Zoning Code for RE -zoned property.
• The Owasso Planning Commission will consider the Preliminary Plat for this property at their
regular meeting on December 11, 2023.
• There will be two (2) point of access for this subdivision, both off of North 97th East Avenue.
o These two (2) access points do meet the separation requirements outlined in the
Owasso Zoning Code.
• Detention and drainage will be provided for via two (2) overland drainage easements. These
easements are both situated along the southern property lines of Lot 1 and Lot 2, respectively.
• Perimeter and interior utility easements are shown on the Plat allowing utility companies
adequate access to service the subdivision.
Final Plat - Kelly Acres
Page 2
• The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to
the property.
• Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements.
SURROUNDING ZONING AND LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Agriculture (AG)
Vacant
Residential
City of Owasso
Residential
South
Neighborhood Mixed
Vacant
Residential
City of Owasso
RNX
Residential Single - Family
East
(RS -3)
Residential
Residential
City of Owasso
West
Agriculture (AG)
Vacant /Railroad
Residential
Tulsa County
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on December 11,
2023.
ATTACHMENTS:
Aerial Map
Final Plat - Kelly Acres
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Final Plat- Kelly Acres Subject Tract A
FINAL PLAT OF KELLY ACRES
APART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE INDIAN MERIDIAN, CITY OF OWASSO, TULSA COUNTY
EXCEPT AS SHORN HEREON. NO EASEMENTS M OTHER ENCUMBRANCES OF
RECORD MERE PROMDEO TO IRE SURYEYOR. OTHER ENCUMBRANCES MAN
M05E SHORN HEREpJ MAY BE OISCO`2RED MM ME BENEFIT OF A
PRMESAONALLY PREPARED ABSTRACT OF TIRE. A BASIC SEARCH OF ME
RECORD WAS PERFORMED IN AN ATTEMPT TO DETERMINE ME UNITS OF
DONORSHIP OF ABLATIONS. AND TO UNCOYER POTENTAL DISCREPANCIES IN
TITS,
3 ADDRESSES AND BRNERSHIP INFORMATION DIVAN M MIS PUT ASE BASED
N 'HE INTERWAR. DEPICTED N ME TULSA COUNTY ASSESSOR'S
WIERACDIE YAPPING DAIA FM TAX PARCELS. AS OF ME DATE I Mls
LflYEI.
ACCESS M ME PROPERTY IS ARCO. BY .11. ME ROAD ROW ALONG
N 97TH E AVE (WAIST ON
SUBECT PROPERTY UES
UNIT OF STUDY.
6. ADOTON IS PLATTED IN 3 LOTS. AND CONTAINS
ON LESS.
7. THE TARIFF ARID SURVEYOR ACNNOBLEME MAT ME PUT HAS BEEN
PREPARED IN ACCORDANCE MM ME RELULATMS AND REQUIREMENTS OF ME
TULSA COUNTY
9, LOT CORNER MONUMENTS AFTER INITIAL
TRANSFER BE THE TO LOTS.
BE SET AT
ALL ROAD UPON COMPLETION OF CONSTRUCTOR.
11. ME SURVEYOR HEREBY CFRTNES THAT ME BOUNDARY OESCRIPTME SHORN
HEREM FOR LOTS I 2 DONE MATNEMATCALLY TO ME RCRINKMENTS SET
FORM N ME Mh SARA MINIMUM TECHNICAL STANDARDS FOR ME PRACTICE OF
LAND SURYEYNO.
12. ADDRESLNO R LL BE RECORD BY CITY STAFF
IT ME 15 O NLAAD ORNNALC EASEMENT COVERS THE SOUTH EACH LOT.
OKLAHOMA
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MAP (NDT TO SCALE)
LEGEND
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• - SET I/2 -INN REBATE M1 YELLOW
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SHEET 1 OF 2
FINAL PLAT OF KELLY ACRES
APART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE INDIAN MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA
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U5J 4110 S 100TH E AVE, SUITE 109, TULSA. OK 74146
GREENHEAD (918)212 -09460K CAUJI
0-__V6_eV
TO: The Honorable Mayor and City Council
FROM: Wendy Kramer, City Planner
SUBJECT: Annexation (OA 23 -02) & Rezoning (OZ 23 -08) — West 150 feet of 12025 East 1 1 l ih Street
North
DATE: December 7, 2023
BACKGROUND:
The Community Development Department received a request for the annexation and rezoning of
property that is comprised of the west 150 feet of 12025 East 111 fn Street North. The subject property is
approximately 1.16 acres in size and is currently zoned Agriculture (AG) within Tulsa County. If
annexation is approved, the applicant is requesting the properly be brought into Owasso City Limits as
Residential Single - Family Low Density (RS -1) via accompanying rezoning request (OZ 23 -08).
SUBJECT PROPERTY /PROJECT DATA:
Property Size
1.16 acres +/-
Current Zoning
A riculture AG In Tulsa Count
Proposed Zoning Upon Annexation
Residential Single-Family Low Density RS -1
Land Use Master Plan
Residential
Within a Planned Unit Development PUD ?
No
Within an Overlay District?
No
Water Provider
Washington County Rural Water District #3
Applicable Paybacks /Fees
(Assessed at Permitting)
Storm Siren Fee ($50.00 per acre)
Ranch Creek Interceptor Sewer Payback Area
610.33 per acre
ANALYSIS:
The subject property is contiguous with City limits on the western and southern boundaries of
the property.
• Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation. The
applicant can also request the property retain the County's corresponding zoning designation
under the Owasso Zoning Code, or seek a concurrent rezoning based on what the GrOwasso
2035 Land Use Master Plan prescribes.
In this case, the applicant is requesting that the subject property be annexed and
assigned a zoning of RS -1, via a concurrent rezoning request.
• The GrOwasso 2035 Land Use Master Plan identifies the subject property for future "Residential"
uses.
o As such, assigning a zoning of RS -1 to the subject property upon annexation is
consistent with the long -range vision for the property laid out in the Master Plan.
• The subject property is currently unplatted; the applicant does intend to construct a single -
family residence on the property.
• The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the
property. Washington County Rural Water District #3 will provide water services.
• Any development that occurs on the subject property shall adhere to all development, zoning,
and engineering requirements of the City of Owasso.
OA 23 -02 /OZ 23 -08
Page 2
SURROUNDING ZONING AND LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Residential Single - Family
Large Lot Residential
Residential
Tulsa County
RS -3
South
Residential Single - Family
Single Family
Residential
City of Owasso
(RS -3)
Subdivision
East
Agriculture (AG)
Large Lot Residential
Residential
Tulsa County
West
Residential Single - Family
Single Family
Residential
City of Owasso
(RS -3)
Subdivision
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on December 11, 2023.
ATTACHMENTS:
Aerial Map
Zoning Map
GrOwasso 2035 Land Use Master Plan Map
Property Exhibit
7"
i
�4 L IfVVOFW a
1 r 111111
SUBJECT TRACT!t _
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Note: Graphic overlays may 0 100 200 400
not precisely align with physical Subject OA 23 -02 0821 -14
textures on the ground. ® Tract OZ 23 —OS I I I I I 4i�
Aerial Photo Daie: 2023 Feet
E 115TH PL N
09
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1
" Owasso Corporate Limits
' RM OPUD- 17 -01A`+ PUD-17.01 + V'
0 7AS �L Subject OA 23- o ioo zoo aoo �
300' Radius E� Tract '7 23 -08 p I i I Feel I I 0821-14
g
Land Use Categories
---J Parks /Recreation
i Public /Institutional
Residential
Transitional
Neighborhood Mixed
Redbud District
Neighborhood Commercial
Commercial
Industrial /Regional Employment
® US -169 Overlay
0 0.03 a_o5 0." o„ GrOwasso 2035 Land Use Master Plan i — i Subject Tract "
Mlles OA 23 -02 /OZ 23 -08 A
LOT 5
F LO —
( LOT 4
i
LOT 3
BLOCK 4
LOT 2
-LOT i
MOOD 3/8' IRON PIN
W /CAP '18S 1289'
0 25' R.O.W.
-OUND NAG MAIL —
FOUND 3/8' IRON PIN
W /CAP l&S 1289
0.70 TAST B 2' NORTH UNPUTTED
OF FENCE CORNER
N BB?276� E X —X-
^ 338.32'
`- SET 3/8' IRON PIN FOUND 3/8' IRON PIN J
W /GP 'CA 5964' 1.5' N09TH k 1.5' EAR
1.80' NORTH OF OF FENCE CORNER
FENCE ONE
15T TRACT - REMAINING TRACT
I^
3
3 w SET 3/8' IRON PIN c
6 a W /CAP 'G 5964' m d'
0 25' RO.W. x
SET MAC ML
W /RASHER 'CA -5964' -
�- 150' - _ - - 337.6L--
5 8845'38' W E II1TH ST R I
ISf TRACT
0
O r
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100 0 100
LOCATION MAP
u""A"iu e°i¢rci
1 inch = 100 ff.
PROPERTY UEMIE219 (ORIGINAL
(PER OUR CLAIM DEED FILID IN BOOK 6300, PACE 2449 IN IRE OFFICE OF THE
LOT 2 TULSA COUNTY CLERK)
BLOCK 2 THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
FOX MEADOW NORTHWEST QUARTER (11/2 SE /4 SE /4 NW /4) OF SECTION EIGHT (B), TOWNSHIP
ESTATES TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND
MERIDIAN, COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF.
FOUND 3/8' IRON PIN
W /CAP 'WHITE'
0 25' R.O.W.
FOUND MAC KML
�r -
FOUND 3/8' RON PIN
W /GP 'TELLS 1289'
LOT 2 LOT 3 LOT 4 -LOT 5 1DA�65 LOT 7 LOT 8 l0i 9 FOUND 3/8' IRON PIN
RE 3NGTON PUCEI II
S OF SWINGS
OKLAHOMA STATE PLANE COORDINAIE SMEM
NOMA NORTH ZONE 3501
7NUARK
N DATA SERVICE MONUMENT: 132
.0.E BRASS CAP, SET IN A CONCRETE POST, FLUSH,
PED '132*. S.E. OF 126TH SE. N. AND GARNETT ROAD
!ONTAL DATUM: HAD 83
KING: 493493.012
RG: 2602292120
CAL DATUM: AND 88
652.31
LEGEND
— PROPERTY ONE
LOT ONE
— RIGHT —OF —WAY ONE
-------- - - - - -- — EASEMENT ONE
— X— X— X —X —X— — BAR WIRE FENCE
LESS
(PER GENERAL WARRANTY DEED FILED IN BOOK 7225, PAGES 514 -515 IN THE
OFFICE OF THE TULSA COUNTY CLERK)
THE WEST 175 FEET OF THE NORTH RALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (14/2 SE /4 SE /4 NW /4) OF
SECTION EIGHT (8), TOWNSHIP TWENTY—ONE (21) NORTH, RANCE FOURTEEN (14) EAST
OF THE INDIAN BASE AND MERIDIAN, COUNTY OF TULSA, STATE OF OKWIOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF.
FIRST _
THE WEST 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY. THE NORTH HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
(N /2 SE /4 SE /4 NW /4), LESS THE WEST 175 FEET THEREOF. OF SECTION EIGHT (8)
TOWNSHIP TWENTY—ORE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN
BASE AND MERIDIAN, COUNTY OF TULSA STATE OF OKLAHOMA, ACCORDING TO THE
U.S. GOVERNMENT SURVEY THEREOF.
REMAINING TRACT
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER (N /2 SE /4 SE /4 NW /4) LESS THE WEST 325 FEE[ OF SECTION
EIGHT (B), TOWNSHIP TWENTY—ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE
INDIAN BASE AND MEM". COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO
THE U.S. GOVERNMENT SURVEY THEREOF.
REMAINING
TRACT
SURVEYOR'S CERTIFICATION
I, AB. WATSON, JR.. A DULY REGISTERED VINO SURVEYOR IN THE STATE OF OKLAHOMA. 00 HEREBY
CERTIFY THAT THE ALCOMPANWNO PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE SURVEY
MADE ON THE GROUND, UNDER MY SUPERVISION, TO THE BEST OF MY KNOWLEDGE AND ABILITY.
WITNESS NY HAND AND SEAL THIS TN DAY OF JULY, 2023
THE SCHEMMER ASSOCIATES INC.
BY A.B. WATSON, &JR.ENT)
A. ,J.
bvalmnOxhemmer.cm
10020 E. 45TH STREET, S 307
TULSA, OK, 74146
PHONE 918- 394 -1505
—" -- FAX - .B18- 369—.6876i _.
' -' 1 CA/5964 IXM1- D6/3O/2025
.. -. mVrt.srRemmer.com ,
@—)
h
lie
1x45,
TO: The Honorable Mayor and City Council
FROM: Roger Stevens, Public Works Director
SUBJECT: Rogers County Interlocal Contract for Engineering Design Services, Right -of -Way
Obtainment, Utility Relocation, and Construction - East 86th Street North Bridge
Replacement Project Between North 145th East Avenue and North 161st East
Avenue
DATE: December 7, 2023
BACKGROUND:
Currently, the bridge located on East 86th Street North between North 145th East Avenue and
North 161st East Avenue is 82 -years old and a two -lane bridge. In addition, approximately 9,000
vehicles per day utilize this bridge to commute to the City of Owasso or Rogers County.
In December 2022, City of Owasso and Rogers County agreed to share 50 percent of the cost
for the engineering design, right -of -way, utility relocation, and construction of the project. In
January 2023, the Capital Improvement Committee recommended to the City Council that
improvements on East 86th Street North from North 145th East Avenue to North 161st East Avenue
be eligible for capital improvement funds. In March 2023, City Council approved Resolution
2023 -03, amending the list of Capital Improvements to include East 861h Street North
improvements, which includes the bridge replacement.
INTERLOCAL CONTRACT:
Projects that use multi - jurisdictional funding sources require on agreement between the entities
to determine the limits of their participation. The Interlocal Contract between City of Owasso
and Rogers County has been prepared by the District Attorney and reviewed by the City
Attorney. Stipulations are summarized as follows:
1. The duration of this Agreement shall be from the date of execution of this
Agreement until the project is complete;
2. The purpose of this Agreement shall be to provide for engineering design, right -of-
obtainment, utility relocation, and construction for the improvements at the East
86th Bridge Replacement project between North 145th East Avenue and North
161st East Avenue;
3. The City and County shall select an Engineering Consultant to provide the design
for the project;
4. The City shall contract with and pay the invoices for the services provided by the
Engineering Consultant;
5. The County shall reimburse the City one half of the actual costs for contracting
With the Engineering Consultant;
6. County agrees to reimburse the City for one -half of the right -of -costs directly
related to the project;
Rogers County Interlocal Contract
Page 2
7. County agrees to reimburse the City for one -half of the utility relocation cost
directly related to the project;
8. County agrees to reimburse the City for one -half of the construction cost directly
related to the project.
FUNDING:
Funding for the project will be from the Capital Improvements Fund. In addition, the City of
Owasso will be reimbursed 50 percent of the project cost by Rogers County through the
proposed agreement.
PROPOSED ACTION:
This item has been placed on the December 12, 2023, Worksession agenda for discussion.
ATTACHMENTS:
Location Map
Interlocal Contract
E 86th St N Bridge Replacement Between N 145 E Ave and N 161 E Ave
I" = 119 ft
Sub Title
12/04/2023
Sf7
PRL hN'... pE�F }L f. u.q:Ov
This map may reyrasents a visual cis pIay of related geographic information. Data provided here en is no. guarantee of actual field conditions. To be sure cf complete accuracy, please con: actthe
responsible staff for most up -to -date information.
INTERLOCAL CONTRACT FOR GOVERNMENTAL SERVICES
BY AND BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY
AND
THE CITY OF OWASSO
THIS AGREEMENT is made this day of 2023, by and
between the Board of County Commissioners of Rogers County, acting on behalf of Rogers
County, a body corporate and politic of the State of Oklahomd ("Rogers County "), and the City of
Owasso, a municipal corporation within the State of'Oklahoma ( "Owasso ") (collectively, the
"Parties ").
WHEREAS, the Oklahoma
et seq., (the "Act") permits local governmer
by enabling them to cooperate with other lc
provide services and facilities in a manner
that will accord best with geographic' econo
and development of local communities. OI
WHEREAS, the Act provides
one or more other pul
which any of the pu
provided that such cor
OKLA. STAT. Ann. tit.
Act.
jointly contract for the
Rogers County:
services that are
shall
to
al Cooperation Act, OKLA.' STAT. Ann. tit. 74, § 1001
tat units to make the most elfieietit use of their powers
calities on a basis of mutual advantage and thereby to
and pursuant to fornis of governmental organization
nie, population and other factors influencing the needs
LA, STAT. Ann. tit, 74, § 1001.
ny one of more public, agencies may contract with any
m any governmental service, activity, or undertaking
into the contract is authorized by law to perform,
;d by the governing body of each party to the contract.
are public agencies as defined by the
tit. 69, § 610, Rogers County and Owasso may
nance of bridges across streams running through
is desirous of participating in projects and the provision of
us to Rogers County and the municipalities therein.
WHEREAS, Rogers County and Owasso desire to contract for the replacement of Bridge
101 located on 86111 St. N., Owasso, Rogers County, Oklahoma.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
contained herein and in the Oklahoma Statutes, the parties hereto agree as follows:
The purpose of this Agreement is to provide for the design, engineering, right -of -way obtainment,
utility relocation and construction to replace Bridge 101, located on 861h St. N., Owasso, Rogers
County, Oklahoma (the "Project ").
2. RESPONSIBILITIES
2.1 Rogers County and Owasso shall jointly select an Engineering Consultant to
provide the design for the project. The design standards shall comply with all
requirements imposed upon or set by Rogers County and City of Owasso.
2.2 Owasso shall contract with and pay all invoices for the services provided by the
Engineering Consultant.
2.3 Upon acceptance of the Project design by Rogers County and Owasso, Owasso
shall be responsible for all right of way acquisition, utility relocation, and
construction of the Project. Owasso shall be responsible for complying with all
applicable purchasing requirements, including bidding the Project, if applicable.
2.4 Owasso shall review and pay all invoices for the construction of the Project.
2.5 Rogers County agrees to reimburse Owasso for one -half of the right -of -way costs
directly related to the Project. Right -of -way acquisition costs shall include the
purchase price of the property(ies) and other reasonable and necessary
administrative and other indirect costs incurred.
2.6 Rogers County agrees to reimburse Owasso for one -half of the utility relocation
costs directly related to the Project.
2.7 Rogers County agrees to reimburse Owasso for one half (1/2) the actual costs paid
by Owasso for the Project. The costs reimbursable by Rogers County shall be paid
as follows:
2.7.1 Upon approval of the engineering and design by Rogers County and
Owasso, one half (1/2) of the actual costs incurred and paid by Owasso to
the Engineering Consultant for design services. Owasso agrees to invoice
Rogers County for its share of the costs herein and Rogers County agrees to
pay the invoice within thirty (30) days of receipt.
2.7.2 Once right -of -way has been obtained, one half (1/2) of the actual costs
incurred and paid by Owasso to the property owner(s) for the right -of -way.
Owasso agrees to invoice Rogers County for its share of the costs herein
and Rogers County agrees to pay the invoice with thirty (30) days of receipt.
2
2.7.3 Once utility relocation is complete, one half (1/2) of the actual costs
incurred and paid by Owasso for relocation of utilities for the Project.
Owasso agrees to invoice Roger County for its share of the costs herein and
Rogers County agrees to pay the invoice within thirty (30) days of receipt.
2.7.4 Upon completion and approval of the Project by Rogers County and
Owasso, one half (1/2) of the actual costs incurred and paid by Owasso for
construction of the Project. Owasso agrees to invoice Rogers County for its
share of the costs herein and Rogers County agrees to pay the invoice within
thirty (30) days of receipt.
3. LAW
This Agreement shall be governed and construed in accordance with the laws of the United States
and the State of Oklahoma.
4. NO THIRD -PARTY BENEFICIARIES
It is not the intention of the Parties for this agreement to create any rights in any third parties.
5. GOVERNMENTAL TORT CLAIMS ACT
Both partes are subject to the Governmental Torts Claims Act. Neither party hereto waives any
defenses or rights available pursuant to the Governmental Torts Claims Act, 51 O.S. § § 151 et seq,
the common law, other statutes, or the Constitution of the United States, or the State of Oklahoma
by entering into this agreement. It is not the intent of the Parties to create or add any duties or
liabilities which are not mandated by the Governmental Tort Claims Act, 51 O.S. § § 151 et seq.
6. NOTICE
6.1
Any notice or other communication required or permitted hereby shall be in writing
and the same shall be deemed given upon delivery thereof in person or one business
day after such notice is deposited with an overnight delivery service such as Federal
Express or Airborne and addressed as follows:
If to Rogers County: Rogers County Board of County Commissioners
Attn: Chairman
200 S. Lynn Riggs Blvd.
Claremore, OK 74017
With a copy to: Rogers County Clerk
200 S. Lynn Riggs Blvd.
Claremore, OK 74017
If to Owasso: City of Owasso
Attn: City Manager
200 S. Main
Owasso, OK 74055
6.2 From time to time, either party may designate another address or person to receive
notice hereunder for all purposes of this Agreement by giving to the other party not
less than ten (10) days advance written notice of such change of address or facsimile
telephone number in accordance with the provisions of this Agreement. Nothing
contained in this Section shall be construed to restrict the transmission of routine
communications between representatives of City and Rogers County.
7. VENUE
This Agreement is subject to the jurisdiction and venue of the federal and state courts in and for
Rogers County, Oklahoma.
8. HEADINGS
The headings used herein are for convenience only and shall not be used in interpreting this
Agreement.
9. FORCE MAJEURE
Notwithstanding any other provision of this Agreement, neither Parry shall be in default under this
Agreement if and to the extent failure or delay in such Party's performance of one or more of its
obligations hereunder, except any obligation to make payments hereunder, is caused by any of the
following conditions and performance of such obligation shall be extended for and during the
period of such delay beyond the control of the parties: acts of civil or military authorities; civil
commotions, sabotage, civil war, insurrection or riot; fires, floods or other natural disaster;
explosions or major accidents priorities, restrictions or allocations of the county, state or federal
governments; changes in laws or regulations; act(s) by any government, governmental body,
instrumentality, representative, or regulatory agency (including delay or failure to act in the
issuance of approvals, permits or licenses); strikes or labor disputes; material or component
shortages; supplier failures; unavoidable delays in procuring necessary materials, labor,
equipment, services or facilities; embargoes; acts of county, state or national governments; utility
failures or delay; epidemics; and quarantine restrictions or any similar event (each of the foregoing
being hereinafter referred to as a "Force Majeure Event "). Neither Party shall be liable under this
Agreement, no claim shall be made against a Party under this Agreement, and no remedy shall be
imposed against a Party for breach of this Agreement, for any delays in performance of obligations
under this Agreement resulting from a Force Majeure Event, nor shall the remedies of
consequential, incidental, special, indirect and/or punitive damages be claimed by a Party against
the other Party and/or imposed against a Party as a result of any such Force Majeure Event. Any
costs arising from a delay resulting from a Force Majeure Event will be borne by the party
incurring those costs. The Party who has been delayed by a Force Majeure Event will take all
reasonable steps to bring the cause of delay resulting from a Force Majeure Event to a close or to
find a solution by which this Agreement may be performed despite the cause of delay caused by
such Force Majeure Event and will, in any event, resume full performance without avoidable delay
E
on the cessation of the Force Majeure Event. Further, neither Party shall be liable for a delay
caused by the acts or omissions of the other Party or any of their respective Emergency Services
Providers, agents or representatives. A Force Majeure Event shall neither delay nor excuse an
obligation to pay money under this Agreement.
10. ASSIGNMENT
This Agreement may not be assigned by either Party without the written consent of the other Party.
11. EFFECTIVE DATE & TERM
This Agreement shall become effective upon the signature of both Parties, after authorization by
the governing boards of each Party pursuant to OKLA. STAT. tit. 74, § 1008(A), and shall terminate
on June 30, 2024, or upon thirty (30) days' notice of either party, whichever is sooner. This
Agreement may be renewed for successive one -year term(s), terminating on the next ensuing June
30th, upon the mutual agreement of the Parties.
12. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed an
original, but which together shall constitute one and the same instrument.
13. MISCELLANEOUS
13.1 If any terms of this Agreement shall be declared invalid, illegal or unenforceable
for any reason or in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provisions hereof and this Agreement shall be construed as if
such provision had never been contained herein.
13.2 Except as expressly provided in this Agreement, waiver by either party, or failure
by either party to claim a default, of any provision of this Agreement shall not be a
waiver of any default or subsequent default.
13.3 This agreement constitutes the entire agreement between the parties and supersedes
any prior agreement between the parties.
13.4 This Agreement may be amended only by a written instrument signed by both
parties' contracting authority.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
0
IN WITNESS WHEREOF, this Agreement is executed by the Parties on the date set forth
below.
AGREEMENT is approved and accepted this day of 2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ROGERS COUNTY, STATE OF
OKLAHOMA
Jeanne M. Heidlage Ron Burrows
County Clerk CHAIRMAN
Approved as to form:
Todd M. Wagner
Assistant District Attorney
AGREEMENT is approved and accepted this day of 2023.
CITY OF OWASSO
ATTEST: ROGERS COUNTY, STATE OF
OKLAHOMA
Juliann M. Stevens, City Clerk
Approved as to form:
Kelly Lewis, Mayor
Julie Lombardi, Attorney for the City of Owasso
VA
TO:
The Honorable Mayor and City Council
FROM:
Juliann M. Stevens, City Clerk
SUBJECT:
City Council Code of Ethics
DATE:
December 7, 2023
BACKGROUND:
Following a discussion during the August 2023 Worksession, an item has been placed on the
December Worksession to continue the discussion of possible amendments to the current City
Council Code of Ethics and Conduct Policy.
ATTACHMENTS:
Suggested Revisions submitted by Vice Mayor Alvin Fruga
Suggested Revisions submitted by Councilor Lyndell Dunn
Suggested Revisions by Vice Mayor Alvin Fruga 12/12/23
OWASSO CITY COUNCIL
CODE OF ETHICS AND CONDUCT
Compliance with all Laws
City Council members shall comply with the laws of the United States, the State of Oklahoma
and the City of Owasso in the performance of their public duties. Such laws include but are not
limited to: the United States and State of Oklahoma Constitutions, the City of Owasso Charter,
laws pertaining to conflicts of interest, election campaigns, financial disclosures, open meeting
law, open records law, the City of Owasso Code of Ordinances and all policies adopted by the
City Council.
Integrity and Accuracy
City Council members are expected to perform their duties with absolute integrity. No member
of the City Council shall under any circumstances make a statement for any purpose that is
known by the member to be inaccurate or intended to be misleading
Suggested Language: Integrity and Accuracy, in the first sentence, "absolute integrity" could be
changed to either "uncompromising integrity" or "the utmost integrity ". The former is used in
the first paragraph and first sentence under "Now, Therefore... ". So, using it again here would
keep it consistent.
Conduct of Members
It is acceptable and expected that City Council members may disagree about issues brought
before the Council. However, it is not acceptable for any City Council member to make
derogatory comments and gestures about other Council members, . their opinions or their
actions. City Council members shall refrain from exhibiting abusive conduct, personal
allegations or verbal attacks upon the character or motives of other members of the City
Council, members of City boards or commissions, the staff and the public.
The professional and personal conduct of City Council members should be above reproach and
shall avoid even the appearance of impropriety. City Council members should conduct their
official and personal affairs in such a manner that does not in any way suggest that they may be
improperly influenced in the performance of their official duties. City Council members shall, to
the best of their ability, serve the citizens of the City of Owasso conscientiously and with honesty
and impartiality. City Council members shall seek to perform their duties with diligence,
efficiency and courtesy. Members of the City Council shall each make impartial decisions
based upon consideration and analysis of the facts, circumstances, merits and laws of each
case without taking into account unrelated considerations.
Suggested Language: Conduct of Members, second paragraph, first sentence, I might suggest
changing "shall avoid" to "seek to avoid".
Electronic Devices During Meetings
In the spirit of the Open Meeting Act and in furtherance of the City Council's commitment to
conducting government business with as much order and transparency as possible, electronic
devices belonging to a Councilor shall be turned off or set on airplane mode during City Council
Suggested Revisions by Vice Mayor Alvin Fruga 12/12/23
meetings. Use of electronic devices by City Council members for talking, texting, email or
otherwise during City Council meetings is, except for emergency communications, prohibited. It
is the City Council's intent to prohibit electronic communications between members of the
Council and other persons during City Council meetings. Prohibiting communications of this
type enables the Council to operate with maximum transparency and allows the Council to
avoid any appearance or perception of engaging in discussions or deliberations not open to
the public during City Council meetings.
Suggested Language: Electronic Devices During Meetings, While, it is a common and
acceptable practice for council members to use an electronic device like an iPad, Notepad, or
similar to follow council meeting agendas in place of a paper copy, excessive use of cell phones
or any other electronic device for talking, texting, email or otherwise during council meetings is,
except for emergencies, prohibited. (Insert last sentence of existing doc that starts with
"Prohibiting communications of this type... ")
Respect for Process
City Council members shall perform their duties with the processes and rules of order established
by the City Council. Upon a "Call to Order" of the City Council meeting, Councilors will respect
that a meeting is in progress and recognize that it is inappropriate to temporarily exit the
meeting unless a recess. or adjournment has been called by the mayor. While a meeting is in
progress, Council members should refrain from having "side bar" conversations with each other
or with city staff.
Public Meetings
City Council members have the right to personally endorse candidates for all City Council seats
and other elected offices. However, it is inappropriate to mention endorsements during City
Council meetings or other official City meetings or hearings.
City Council members shall prepare themselves for discussions of public issues brought before
the City Council. City Council members shall listen courteously and attentively to all discussion
and comment on the issue by the public, City staff and other City Council members. City
Council members shall refrain from interrupting other speakers unless compelled to do so to
ensure compliance with City Council policies or processes for public meetings and shall
additionally refrain from interfering with the orderly conduct of City Council meetings.
Impartial!ty
All City Council meetings and hearings shall be conducted fairly and impartially. City Council
members shall not show favoritism in carrying out the City's business. The receipt of campaign
contributions shall not in any circumstance constitute a basis for preferential treatment.
Acting in the Public Interest
The primary goal and concern of each member of the City Council is to serve the public interest
and uphold the public trust to the very best of their abilities. Therefore, City Council members will
work together for the common good of the citizens of Owasso and not for any private or
personal interest, and City Council members will strive to assure fair and equal treatment of all
persons, claims, issues or transactions brought before the Owasso City Council.
Suggested Revisions by Vice Mayor Alvin Fruga 12/12/23
Conflict of Interest
Any member of the City Council who has a conflict of interest, financial or otherwise, in any
matter brought before the City Council for consideration or action shall declare and disclose the
conflict of interest to the City Council and shall not participate in discussion or voting on the
matter. A conflict of interest shall be defined as a statutory conflict of interest or any situation,
circumstance or financial interest that has the potential, in the City Councilor's opinion and
judgment, to interfere with the proper exercise of public duty.
The minutes of a meeting wherein a declaration of a conflict was made shall not record a vote
on behalf of a City Council member who leaves the room during discussion and voting upon the
issue. The minutes of such meeting shall, however, record a "no" vote if the City Council
member remains in the room and abstains from voting, such recordation being in accordance
with Oklahoma State Law and the Owasso Code of Ordinances.
Giffs and Favors
City Council members shall not directly or indirectly solicit, receive or accept any gift if 1) a
reasonable inference could be drawn that the gift was intended to influence them in the
performance of their official duties, or, 2) the gift is intended to serve as a reward or in
appreciation of any official action taken by the City Council member. City Council members
shall not solicit or accept any gifts, favors or promises of future benefits which might compromise
the independent judgment and action or which might give the appearance of being
compromised. City Council members shall not take special advantage of services or
opportunities for personal gain, by virtue of their public offices that are not available to the
public in general.
Political Fundraising Activities
No City Council member shall use his or her position, authority or influence, whether actually
possessed or anticipated, to interfere with or affect the results of an election or to obtain a
political or other type contribution. City Council members shall not use or attempt to use any
political endorsement in connection with any appointment to any City board or commission.
These rules are not intended to preclude City Council members from political fundraising
activities, but to ensure that these activities are undertaken only at private initiative and
expenses in their role as private citizens and thus do not reflect upon the official activities of the
City.
Communication
City Council members shall endeavor to share with all other councilors in timely manner any
substantive information that is relevant to a matter under consideration by the City Council
which was received by the Council member from sources external to the public decision - making
process.
Confidential Information
City Council members shall respect and preserve the confidentiality of information concerning
the property, personnel or affairs of the City. City Council members shall neither disclose
confidential information without proper legal authorization nor use such information in any way
91
Suggested Revisions by Vice Mayor Alvin Fruga 12/12/23
to advance or further their personal, financial or private gain. Confidential Information shall not
include any information that is or becomes publicly available other then as a result of disclosure
by Recipient, which is disclosed by any third -party not known by Recipient, and who Recipient
has no reason to believe to be under any contractual or fiduciary obligation not to disclose such
information; was in the Recipient's possession prior to disclosure, or is independently developed
by the Recipient.
Advocacy
City Council members shall represent the official policies or positions of the City Council to the
best of their ability when designated as delegates or representatives of the City. If a City
Council member acting as a delegate or representative of the City presents their personal
opinions or positions on such an issue the member shall explicitly state that their comments do
not represent the City of Owasso or the City Council.
Policv Role of City Council Members
City Council members shall respect and adhere to the Council- Manager form of municipal
government implemented in the City of Owasso through its charter and as outlined in Title 11 of
the Oklahoma Statutes. The Council- Manager form of government provides for the City Council
to determine all matters of policy for the City of Owasso Additionally, the Council- Manager
form of municipal government provides that the City Manager shall be responsible for all day -to-
day operations of the City. Accordingly, City Council members shall not interfere with or impair
the ability of the City Manager and other City staff to determine and implement day -to -day
operational matters.
Suggested Language: Maybe add something at the end that makes it clear that "any
official meetings or communications a City Councilor desires to have with City Staff should
be scheduled through the City Manager." Just to make sure that the chain of
communication is understood.
Implementation of Code of Ethics and Conduct
This Code of Ethics and Conduct is intended to be self- enforcing by members of the City
Council. City Council members shall be thoroughly familiar with this Code and shall make every
reasonable effort to adhere to its provisions. The Code of Ethics and Conduct shall be included
in the orientation training for newly elected City Council members. All City Council members
shall sign a statement affirming they have read and understand the City of Owasso Code of
Ethics and Conduct.
DATED this 16th day of September, 2014. /s /Mayor, Jeri Moberly
4
Suggested Revisions by Councilor Dunn 12/12/23
OWASSO CITY COUNCIL
CODE OF ETHICS AND CONDUCT
Compliance with all Laws
City Council members shall comply with the laws of the United States, the State of Oklahoma
and the City of Owasso in the performance of their public duties. Such laws include but are not
limited to: the United States and State of Oklahoma Constitutions, the City of Owasso Charter,
laws pertaining to conflicts of interest, election campaigns, financial disclosures, open meeting
law, open records law, the City of Owasso Code of Ordinances and all policies adopted by the
City Council.
Integrity and Accuracy
City Council members are expected to perform their duties with agselirfe complete integrity. No
member of the City Council shall under any circumstances make a statement for any purpose
that is known by the member to be inaccurate or intended to be misleading
Conduct of Members
It is acceptable and expected that City Council members may disagree about issues brought
before the Council. However, it is not acceptable for any City Council member to make
derogatory comments and gestures about other Council members, their opinions or their
actions. City Council members shall refrain from exhibiting abusive conduct, personal
allegations or verbal attacks upon the character or motives of other members of the City
Council, members of City boards or commissions, the staff and the public.
City Council members shall, to
the best of their ability, serve the citizens of the City of Owasso conscientiously and with honesty
and impartiality. City Council members shall seek to perform their duties with diligence,
efficiency and courtesy. Members of the City Council shall each make impartial decisions
based upon consideration and analysis of the facts, circumstances, merits and laws of each
case without taking into account unrelated considerations.
Electronic Devices During Meetings
In the spirit of the Open Meeting Act and in furtherance of the City Council's commitment to
conducting government business with as much order and transparency as possible, councilors
shall conduct themselves during official meetings with attentiveness and without outside
distraction eleG#GRiG deViG9S b8lG...:..,. ie G CAI Aril .r Sh011 he f ed eff A et o . !Gn
It is the City Council's intent to prohibit electronic communications
between members of the Council and other persons during City Council meetings. Prohibiting
communications of this type enables the Council to operate with maximum transparency and
allows the Council to avoid any appearance or perception of engaging in discussions or
deliberations not open to the public during City Council meetings.
Suggested Revisions by Councilor Dunn
Respect for Process
12/12/23
City Council members shall perform their duties with the processes and rules of order established
by the City Council. Upon a "Call to Order" of the City Council meeting, Councilors will respect
that a meeting is in progress and recognize that it is inappropriate to temporarily exit the
meeting unless a recess or adjournment has been called by the mayor. While a meeting is in
progress, Council members should refrain from having "side bar" conversations with each other
or with city staff.
Public Meetings
City Council members have the right to personally endorse candidates for all City Council seats
and other elected offices. However, it is inappropriate to mention endorsements during City
Council meetings or other official City meetings or hearings.
City Council members shall prepare themselves for discussions of public issues brought before
the City Council. City Council members shall listen courteously and attentively to all discussion
and comment on the issue by the public, City staff and other City Council members. City
Council members shall refrain from interrupting other speakers unless compelled to do so to
ensure compliance with City Council policies or processes for public meetings and shall
additionally refrain from interfering with the orderly conduct of City Council meetings.
siMrrnrr�ra_r_crrr_�:cea_r_nrr_ rya: nie�a_ rr_ msr_ r_�rmnsr_r_err_r_isini�.x:�r�sn
Conflict of Interest
Any member of the City Council who has a conflict of interest, financial or otherwise, in any
matter brought before the City Council for consideration or action shall declare and disclose the
conflict of interest to the City Council and shall not participate in discussion or voting on the
matter. A. ennflirt of interest ;hall be .J°fiRAd . G StGtI JF...., GGRAir•F of interest or nny sif Gfie
.ngtonr•° or foninnr.ial i..F°rpgi FhGt hr.r the PGte..FiGl lR the riF„ C-96I GilGr'r 9PiRiGR RM
dgrnenf, f° i°F °infer° .. * the pFGper ° ° ° °° p6bli^ duty. A conflict of interest involves any
action, inaction, or decision by a city councilor in the discharge of his or her official duties which
would materially affect his or her financial interest or those of his or her family members or any
business with which the councilor is associated or has an ownership interest.
The minutes of a meeting wherein a declaration of a conflict was made shall not record a vote
on behalf of a City Council member who leaves the room during discussion and voting upon the
2
Suggested Revisions by Councilor Dunn 12/12/23
issue. The minutes of such meeting shall, however, record a "no" vote if the City Council
member remains in the room and abstains from voting, such recordation being in accordance
with Oklahoma State Law and the Owasso Code of Ordinances.
Gifts and Favors
City Council members shall not directly or indirectly solicit, receive or accept any gift if 1) a
reasonable inference could be drawn that the gift was intended to influence them in the
performance of their official duties, or, 2) the gift is intended to serve as a reward or in
appreciation of any official action taken by the City Council member. City Council members
shall not solicit or accept any gifts, favors or promises of future benefits which might compromise
the independent judgment and action GF ,,,hiGh might give the GppeGFGRGG Gf being
semprernised. City Council members shall not take special advantage of services or
opportunities for personal gain, by virtue of their public offices that are not available to the
public in general.
Political Fundraising Activities
No City Council member shall use his or her position, authority or influence, whether actually
possessed or anticipated, to interfere with or affect the results of an election or to obtain a
political or other type contribution. City Council members shall not use or attempt to use any
political endorsement in connection with any appointment to any City board or commission.
These rules are not intended to preclude City Council members from political fundraising
activities, but to ensure that these activities are undertaken only at private initiative and
expenses in their role as private citizens and thus do not reflect upon the official activities of the
City.
Confidential Information
City Council members shall respect and preserve the confidentiality of information concerning
the property, personnel or affairs of the City. City Council members shall neither disclose
confidential information without proper legal authorization nor use such information in any way
to advance or further their personal, financial or private gain. Confidential Information shall not
include any information that is or becomes publicly available other then as a result of disclosure
by Recipient, which is disclosed by any third -party not known by Recipient, and who Recipient
has no reason to believe to be under any contractual or fiduciary obligation not to disclose such
information; was in the Recipient's possession prior to disclosure, or is independently developed
by the Recipient.
Advocacy
City Council members shall represent the official policies or positions of the City Council to the
best of their ability when designated as delegates or representatives of the City. if a City
Suggested Revisions by Councilor Dunn 12/12/23
RGt represent the I R„ Gf nWG569 GF the / •f„ G„ . When a City Council member is not acting
in their official capacity of city councilor or as a delegate or representative of the City, their
comments, discussions and opinions do not represent the City of Owasso or the City Council and
councilors should refrain from representing or implying anything to the contrary.
Policv Role of Citv Council Members
City Council members shall respect and adhere to the Council- Manager form of municipal
government implemented in the City of Owasso through its charter and as outlined in Title 11 of
the Oklahoma Statutes. The Council- Manager form of government provides for the City Council
to determine all matters of policy for the City of Owasso Additionally, the Council- Manager
form of municipal government provides that the City Manager shall be responsible for all day -to-
day operations of the City. Accordingly, City Council members shall not interfere with or impair
the ability of the City Manager and other City staff to determine and implement day -to-day
operational matters.
Implementation of Code of Ethics and Conduct
This Code of Ethics and Conduct is intended to be self - enforcing by members of the City
Council. City Council members shall be thoroughly familiar with this Code and shall make every
reasonable effort to adhere to its provisions. The Code of Ethics and Conduct shall be included
in the orientation training for newly elected City Council members. All City Council members
shall sign a statement affirming they have read and understand the City of Owasso Code of
Ethics and Conduct.
DATED this 16th day of September, 2014. /s /Mayor, Jeri Moberly
4