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HomeMy WebLinkAbout2007.11.20_City Council Agenda_AddendumPUBLIC NOTICE OF AN ADDENDUM TO THE MEETING OF THE OWASSO CITY COUNCIL The Owasso City Council will meet in regular session on Tuesday, November 20, 2007 at 6:30 PM at Old Central, 109 N. Birch, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Monday, November 19, 2007. Juliann M. Stevens, Deptliy City Clerk ADDENDUM The following is submitted as an addendum to the Owasso City Council Agenda filed on Friday, November 16, 2007. Items numbered 1 -10 shall remain the same. Items numbered 11 -15 are now Items 12 -16. A new item number 11 is listed as follows: 11. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2007 -13, a resolution extending fire protection services to the property owned by Greenhill Properties, L.L.C., and known as the Stone Canyon subdivision, upon the detachment of a section of the property from the Limestone Fire Protection District by the Board of County Commissioners of Rogers County. Staff recommends Council approval Resolution No. 2007 -13. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: FIRE PROTECTION SERVICES FOR STONE CANYON DATE: November 20, 2007 BACKGROUND: On September 21, 2007, a Petition to Withdraw Lands from the Limestone Fire Protection District was filed with the Board of County Commissioners of Rogers County by the owner of the land, Greenhill Properties, L.L.C. (Legal Description of the property attached hereto as Exhibit "A "). A hearing was held on November 13, 2007 by the Board of County Commissioners of Rogers County to consider this request. After hearing arguments and testimony from Greenhill Properties, L.L.C. and the Limestone Fire Protection District for more than two hours, the Board of County Commissioners requested time to consider Greenhill's request and Limestone's objection, and tabled the matter until December 3, 2007 at which time the Board of County Commissioners will render a decision on the matter. Construction of a housing subdivision known as Stone Canyon has begun on the land owned by Greenhill Properties. Approximately one -half of the subject property lies within the City of Owasso's fence line while an additional 1,500 acres lies within the City of Tulsa's fence line. The developers of Stone Canyon have planned for some time to petition the City for annexation of the approximately 1,200 acres of the development located within the Owasso fence line. It is staff's understanding that the annexation petition will be filed this week Ultimately, the subdivision is projected to contain over 2,000 homes, an elementary school and a golf course. In addition, the developers have also stated their intent to donate a parcel of land within the subdivision to be used as an additional fire station for the City of Owasso. Given the size of the subject property and the breadth of the planned subdivision, Greenhill Properties is desirous of obtaining fire protection services from the Owasso Fire Department after the subject property has been detached from the Limestone Fire Protection District. During the November 13th hearing, the Rogers Board of County Commissioners expressed concern that if the subject property was detached from the Limestone District, fire protection services would need to be provided for the entire area by another fire department. The City of Owasso is prepared to provide fire protection services to not only Section 36 for which Greenhill is seeking detachment, but also to the remainder of the property located within Rogers County and the portion of the property within the City of Tulsa's fence line. Fire Chief Clark is in the process of obtaining a Contract for Fire Protection and Emergency Medical Services from the City of Tulsa which would allow the City of Owasso to be the first responder for the portion of the property that is located within the City of Tulsa's fence line. At the time of the hearing, Greenhill properties believed that all of the Stone Canyon subdivision within Rogers County was a part of Limestone's Fire Protection District. Subsequent research with the Rogers County Assessor has revealed, however, that only Section 36 in the northern part of the tract is actually located within Limestone's District. The remainder of the property is serviced by Limestone but is only in an area Limestone has agreed to cover. As a result of this finding, Greenhill Properties is filing an amended petition with the Rogers County Board of County Commissioners requesting only that Section 36 be detached from the Limestone Fire Protection District. The remainder of the subject property within Rogers County does not belong to any particular fire district and may be served by Owasso without official action from any board or fire district. However, with regard to Section 36, it is still necessary for Greenhill Properties to request that this section be detached from the Limestone Fire Protection District. It is anticipated that the Rogers County Board of County Commissioners will rule on Greenhill's request at the scheduled December 3rd meeting. Greenhill Properties has requested the City of Owasso provide fire protection services to the entire Stone Canyon subdivision. The staff believes the best method to make such a commitment is by Council Resolution expressing the City Council's intent to provide the requested fire protection services. Greenhill desires to provide a copy of the Resolution adopted by the City of Owasso to the Rogers County Board of County Commissioners at the December 3, 2007 hearing. RECOMMENDATION: Staff recommends that the City Council approve the proposed Resolution authorizing the Owasso Fire Department to provide fire protection services to the Greenhill property. ATTACHMENTS: 1. City of Owasso Fenceline Map 2. City of Owasso Enlarged Fenceline Map 3. Limestone Fire District Map 4. Map of Area Served by Limestone Fire District 5. Proposed Annexation Map 6. Proposed Area Served by Owasso Fire Department Map 7. Draft of Contract with City of Tulsa for Fire and EMS 8. Legal Description of the Stone Canyon Subdivision 9. Proposed Resolution O Z a a W I a (9 SUBJECT LAND PARCELS ■■■■■■m■■■ FENCELINE CITY OF OWASSO CITY OF OWASSO FENCELINE MAP 111 N. Main Street P.O. Box 180 0 Owasso, OK 74055 North THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO 918.376.1500 REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY_ Iml 0 SUBJECT LAND PARCELS ■■■■■■mom■ FENCELINE CITY OF OWASSO CITY OF OWASSO 111 N. Main Street ENLARGED P.O. FENCELINE MAP Owasso, , O OK 74 74055 THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED T_O 918.376.1500 WARRANTY OR REPRESENTATDION BY CI O OWASSO OF IT9 ACCT CY. 0 North 1v CITY OF OWASSO I 1 I N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 LIMESTONE FIRE DISTRICT ■■■■•■■■■■ FENCELINE LIMESTONE FIRE DISTRICT THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OW'ASSO OF ITS ACCURACY. O North L L AREA SERVED BY LIMESTONE FIRE DISTRICT LIMESTONE FIRE DISTRICT . E M E N E W E E. FENCELINE CITY OF OWASSO I AREA SERVED BY 111 N. Main Street LIMESTONE FIRE DISTRICT P.O. Box 180 MAP Owasso, OK 74055 THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO 918.376.1500 REPRESENT AN ACCURATE AND TRUE SCALE_ USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. O North A vm PROPOSED ANNEXATION ■■■.■■■■■■ FENCELINE CITY OF OWASSO PROPOSED ANNEXATION 111 N. Main Street P.O. Box 180 0 Owasso, OK 74055 North THIS MAP IS 1 C"k INFOR_MA "I ION PUIZPUSE; ONLY AND IS NC3 F INTENDED TO 918.376.1500 REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY_ CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 PROPOSED AREA SERVED BY PROPOSED ANNEXATION OWASSO FIRE DISTRICT E m o m m o m m o m FENCELINE PROPOSED AREA SERVED BY OWASSO FIRE DISTRICT 0 North THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO REPRESENT AN ACCURATE AND TRUE SCALE_ USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. W-1 CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THIS AGREEMENT, made and entered into this day of , 2007, between the City of Tulsa, Oklahoma and the City of Owasso, Oklahoma for the area known as Stone Canyon, legally described on Exhibit "A." WITNESSETH THAT: WHEREAS, it is feasible and desirable for the parties hereto to enter into a reciprocal agreement for mutual aid in furnishing fire protection and emergency medical response for property and personnel for which each party hereto is normally responsible for providing fire protection and emergency medical response in the area of Stone Canyon. NOW, THEREFORE, the parties hereto agree that: The City of Owasso will initially provide firefighting equipment and personnel of the Owasso Fire Department for emergency fire and medical incidents within the entire area of Stone Canyon as described above, and that the Tulsa Fire Department will serve as additional resources if necessary for incidents occurring within the Stone Canyon subdivision. Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel requested and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and the number of personnel shall be determined by a representative of the responding organization. The responding organization shall report to the officer in charge of the requesting organization at the location to which the equipment is dispatched, and shall be subject to the orders of that official. A responding organization shall be released by the organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire protection. IN WITNESS WHEREOF, this agreement has been executed in multiple copies on the dates set forth below. ATTEST: City Clerk APPROVED: CITY OF TULSA, OKLAHOMA A municipal corporation Mayor 7 Date: City Attorney FOR THE CITY OF OWASSO A municipal Organization City Clerk APPROVED: City Attorney By: Mayor Date: CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2007 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA DECLARING THE NECESSITY OF EXTENDING FIRE PROTECTION SERVICES TO THE PARCEL OF LAND OWNED BY GREENHILL PROPERTIES, L.L.C, KNOWN AS THE STONE CANYON SUBDIVISION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND DOCUMENTS RELATING TO THE SAME. WHEREAS: The City Council has determined that Greenhill Properties, L.L.C., the owner of a parcel of land known as the Stone Canyon subdivision and more particularly described in Exhibit "A," has filed a petition with the Board of County Commissioners of Rogers County seeking detachment of this parcel of land from the Limestone Fire Protection District, and is desirous of obtaining fire protection services for this parcel of land from the Owasso Fire Department; WHEREAS: The subdivision is projected to contain over 2,000 homes, a school and a golf course; WHEREAS: Greenhill Properties, L.L.C. desires to obtain fire protection services from the City of Owasso, and, WHEREAS: The City Council believes it to be in the best interest of the subject property and the City of Owasso, both at the current time and in the future, to provide fire protection services to the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: The City of Owasso hereby agrees to provide fire protection services to the parcel of land owned by Greenhill Properties, and known as the Stone Canyon subdivision, as described more particularly in Exhibit "A "; BE IT FURTHER RESOLVED THAT: The City of Owasso, by and through the City Manager, is hereby authorized to enter into all agreements necessary to provide fire protection services to this parcel of land, and, BE IT FURTHER RESOLVED THAT: The Owasso Fire Department is hereby authorized to provide fire protection services to the subject property on such date as the property shall be detached from the Limestone Fire Protection District. APPROVED AND ADOPTED this 20th day of November, 2007, by the City Council of the City of Owasso, Oklahoma. Stephen Cataudella, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie Trout Lombardi, City Attorney BOOK 60 FACE 89 A TRACT OF LAND THAT IS ALL OF SECTION 35 AND PART OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 14 EAST, AND ALL OF SECTION 1 AND PART OF SECTIONS 2, 10, 11 AND 12, TOWNSHIP 20 NORTH, RANGE 14 EAST, AND PART OF SECTION 6 AND 7, TOWNSHIP 20 NORTH, RANGE 15 EAST OF THE I.B.& M., ROGERS COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE N 88 °50'27" F FOR 2636.94 FEET TO THE N/4 CORNER OF SAID SECTION 35; THENCE N 88 °50'09" E FOR 2637.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE N 88'43'31' E FOR 2646.21 FEET TO THE N/4 CORNER OF SAID SECTION 36; THENCE N 88 °40'59' E ALONG THE NORTH LINE OF SAID SECTION 36 FOR 2392.75 FEET; THENCE S 5 °13'41' E FOR 168.64 FEET; THENCE S 88'40'01" E FOR 245.89 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 36; THENCE S 1'10'43" E FOR 2461.30 FEET TO THE E/4 CORNER OF SAID SECTION 36; THENCE S 1 °14'08' E FOR 2638.74 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE S 00"42'13"W FOR 645.72 FEET; THENCE S 1'30'32'E FOR 660.06 FEET TO A POINT ON THE SOUTH LINE OF GOVERNMENT LOT 4 OF SAID SECTION 6; THENCE N 88'42'27' E ALONG SAID SOUTH LINE FOR 1.85 FEET; THENCE S 1014'46' E FOR 887..22 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 708.56 FEET FOR 180.70 FEET TO A POINT WITH A CHORD S 6 °03'367 W FOR 180.21 FEET; THENCE S 13'21'58' W FOR 348'.04 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 533.55 FEET FOR 187.56 FEET TO A POINT WITH A CHORD S 23'26'11" W FOR 186.59 FEET; THENCE S 33030'26"W FOR 424.24 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 3957.85 FEET FOR 267.76 FEET TO A POINT WITH A CHORD S 35'26'42' W FOR 267.71 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 186.52 FEET FOR 163.77 FEET TO A POINT WITH A CHORD S 12 "1345' W FOR 158.56 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 5057.00 FEET FOR 256.37 FEET TO A POINT WITH A CHORD S 11'26'21' E FOR 256.35 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1461.63 FEET FOR 163.46 FEET TO A POINT WITH A CHORD S 13'13'27" E FOR 163.38 FEET; THENCE S 16925'41" E FOR 125.45 FEET: THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1383.62 FEET FOR 143.83 FEET TO A POINT WITH A CHORD S 13'27'00"E FOR 143.77 FEET; THENCE S 10'28'19"E FOR 103.86 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 863.68 FEET FOR 131.75 FEET TO A POINT WITH A CHORD S 6'06'06" E FOR 131.62 FEET; THENCE S 1'43'52' E FOR 165.05 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1265.11 FEET FOR 130.15 FEET TO A POINT WITH A CHORD S 1'12'58'W FOR 130.09 FEET; THENCE S 5'22'05"W A DISTANCE OF 205.00 FEET; THENCE S 2 °29'52" E A DISTANCE OF 277.03 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 6; THENCE S 8834'44"W ALONG SAID SOUTH LINE A DISTANCE OF 74.47 FEET; THENCE S 36'38'52"W A DISTANCE OF 162.34 FEET; A� L.QW EXHIBIT 0 boax 60. PAGE 90 .� THENCE S 45'30'52' W A DISTANCE OF 220.52 FEET; THENCE S 67827152"W A DISTANCE OF 134.51 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 12; THENCE N 1 °19'15° W ALONG SAID EAST LINE A DISTANCE OF 306.84 FEET; THENCE S 68'45'27"W FOR 1397.27 FEET TO A POINT ON THE WEST LINE OF THE NE/4 OF NE /4 OF SAID SECTION 12; THENCE S 1 °18'23" E ALONG SAID WEST LINE FOR 488.56 FEET TO A POINT ON THE NORTH LINE OF THE SPAVINAW WATERLINE EASEMENT; THENCE S 87.18'22" W ALONG SAID EASEMENT FOR 505.63 FEET; THENCE ALONG A CURVE TO THE LEFT ALONG SAID EASEMENT WITH A RADIUS OF 2915:18 FEET FOR 425.30 FEET TO A POINT WITH A CHORD S 83 °24'22" W FOR 424.92 FEET; THENCE S 78'54'04"W ALONG SAID EASEMENT FOR 355.53 FEET; THENCE ALONG A CURVE TO THE LEFT ALONG SAID EASEMENT WITH A RADIUS OF 1960.27 FEET FOR 544.56 FEET TO A POINT WITH A CHORD S 70 °56'34" W FOR 542.81 FEET; THENCE S 61'17'35" W ALONG SAID EASEMENT FOR 421.22 FEET; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID EASEMENT WITH A RADIUS OF 1865.88 FEET FOR 525.52 FEET TO A POINT WITH A CHORD S 69.56'16" W FOR 523.78 FEET; THENCE S 78 000'22" W ALONG SAID EASEMENT FOR 6668.63 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 11; THENCE N 1417142" W ALONG SAID WEST LINE FOR 252.84 FEET TO THE W/4 CORNER OF SAID SECTION 11; THENCE N 1016'14" W ALONG SAID WEST LINE FOR 849.07 FEET; THENCE S 88"4346'W FOR 520.00; THENCE N 27'23'39' W FOR 650.00 FEET; THENCE N 32 °46'32" E FOR 1440.00 FEET TO SOUTHWEST CORNER SAID SECTION 2; THENCE N 37'31'45" E FOR 3840.65 FEET TO A POINT ON THE SOUTH LINE OF THE NW 14 OF SAID SECTION 2; THENCE S 88145101" W A DISTANCE OF 2124.59 FEET TO THE SOUTHWEST CORNER OF SAID NWA; THENCE N 1.20'45" W A DISTANCE OF 2638.96 FEET TO THE NORTHWEST CORNER OF SAID NW /4; THENCE N 88'46'38" E A DISTANCE OF 921.94 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE N 1 °11'11" W A DISTANCE OF 2639.36 FEET TO THE NORTHWEST CORNER OF THE SW /4 OF SAID SECTION 35; THENCE N 1'08'59" W A DISTANCE OF 2639.15 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 3019.9 ACRES MORE OR LESS, AND THE NORTH HALF (N/2) OF SECTION 3, TOWNSHIP 20 NORTH, RANGE 14 EAST OF THE 1.8.8 M., ROGERS COUNTY, OKLAHOMA. SAID TRACT CONTAINS 317.6 ACRES MORE OR LESS. A�W" PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: November 20, 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, November 16, 2007. k n Jul rm M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Reverend Lynn Woods, Rejoice Church 3. Flag Salute 4. Roll Call 5. 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 November 6, 2007 Regular Meeting and the November 13, 2007 Special Meeting. Attachment # 5 -A B. Approval of Claims. Attachment # 5 -13 S Agendas \Council\2007\1120.docx Owasso City Council November 20, 2007 Page 2 C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 5 -C D. Acknowledgement of receiving Agreements for Urban Engineering Services from Kellogg Engineering, Incorporated; Tuttle & Associates; and, DeShazo, Tang & Associates and authorization for the Mayor to execute each agreement. Attachment # 5 -D 6. Consideration and appropriate action relating to a request for Council to award a construction bid for the FY 2007 -2008 Street Rehabilitation Program. Mr. Stevens Attachment # 6 Staff will recommend Council award a bid for the construction of Part I of the FY 2007 -2008 Street Rehabilitation Program to Becco Contractors of Tulsa, Oklahoma in the amount of $826,098. 7. Consideration and appropriate action relating to a request for Council adoption of a Building Permit Application Fee. Mr. Wiles Attachment # 7 Staff will recommend Council adoption of a Building Permit Application Fee in the amount of $100 with an effective date of January 1, 2008. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation in the amount of $3,420 to the General Fund. Ms. Hess Attachment # 8 Staff will recommend Council approval of a supplemental appropriation, increasing General Fund expenditures by $3,420 in order to fund the purchase of equipment necessary to assist in the October 2007 storm cleanup operations. Owasso City Council November 20, 2007 Page 3 9. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation to carryover unexpended funds from the FY 2006 -2007 budget to the FY 2007 -2008 budget. Ms. Hess Attachment # 9 Staff will recommend Council approval of a budget amendment increasing the General Fund appropriation for expenditures by $205,714 and increasing the Stormwater Management Fund appropriation for expenditures by $48,388. 10. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 906, an ordinance prohibiting the use of tobacco products in city parks. Ms. Lombardi Attachment # 10 Staff will recommend Council approval of Ordinance No. 906. 11. Report from City Manager. 12. Report from City Attorney. 13. Report from City Councilors. 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 15. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 6, 2007 The Owasso City Council met in regular session on Tuesday, November 6, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, November 2, 2007. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor James Stotts, Fellowship Tabernacle. ITEM 3. FLAG SALUTE Councilor Sinex led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Susan Kimball, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF THE MONTH Ms. Lynn VanDeventer, a member of the Owasso Character Council, presented to the Council `Determination', the character trait of the month for November, 2007. Owasso City Council November 6, 2007 ITEM 6. PRESENTATION OF THE EMPLOYEE OF THE MONTH Mr. Ray introduced to Council Bill Fields, an employee with the City's Support Services Department, as the Employee of the Month for November, 2007. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the October 16, 2007 Regular Meeting. Attachment # 7 -A B. Approval of Claims. Attachment # 7 -13 C. Acceptance of water system improvements for Cracker Barrel, a commercial development generally located south of E. 96th Street North and East of US 169, in the Tyann Plaza Shopping Center. Such improvements consisting of approximately 75 linear feet of eight (8) inch DIP potable water line. Attachment # 7 -C D. Acceptance of the Bulletproof Vest Partnership Grant providing reimbursement in the amount of $5,208 for the purchase of bullet proof vests; and, approval of a budget amendment to the FY 2007 -2008 General Fund increasing estimated revenues and increasing the appropriation for expenditures in the amount of $5,208 within the Police Department Budget. Attachment # 7 -1) E. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07 for the construction of the Rayola Park Restroom Facility designating the Mayor as the certifying officer under the National Environmental Policy Act of 1969 to assume overall responsibility for the environmental review process. Attachment # 7 -E F. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07 for the construction of the Rayola Park Restroom Facility making a finding of no significant impact on the environment. Attachment # 7 -E G. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07 for the construction of the Rayola Park Restroom Facility authorizing the Mayor to execute the Certification of Leverage, Environmental Certification, and Request for Release of Funds. Attachment # 7 -E 2 Owasso City Council November 6, 2007 H. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07 for the construction of the Rayola Park Restroom Facility approving an Antidisplacement Plan. Attachment # 7 -E Ms. Kimball moved, seconded by Mr. Bonebrake, to approve the Consent with claims totaling $615,633.49, Healthcare self - insurance claims totaling $207,303.44 and payroll claims totaling $430,539.75. YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex NAY: None Motion carried 5 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL TO AWARD A BID FOR THE INSTALLATION OF WIRELESS NETWORK EQUIPMENT AT FIRE STATION NO. 3, LOCATED AT 9900 NORTH 145TH EAST AVENUE Ms. Willson presented the item and recommended Council award the installation of wireless network equipment connecting Fire Station #3 to the City's computer network to Atlas Broadband, Owasso, Oklahoma. Mr. Bonebrake moved for Council to award the installation of wireless network equipment to Atlas Broadband, Owasso, Oklahoma for $26,294.00. Motion was seconded by Mr. Sinex. YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex NAY: None Motion carried 5 -0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT AMONG THE OEDA, OPWA, AND SF SHOPS INVESTORS, L.P. AND FOR LIMITED PURPOSES SET FORTH IN THE AGREEMENT, THE CITY OF OWASSO; AND, APPROVING THE INDEBTEDNESS OF THE OPWA IN THE AMOUNT OF $4,600,000.00 AS SET FORTH IN THE AGREEMENT; AND, AUTHORIZING THE EXECUTION OF SUCH AGREEMENT BY THE CITY MANAGER Mr. Ray presented the item and recommended Council approve the proposed final Development Agreement and authorization of the City Manager to execute the final Agreement. Additionally, Staff recommends Council approval of the incurrence of indebtedness by the OPWA as included in the Development Agreement. 3 Owasso City Council November 6, 2007 Councilor Kimball questioned why Article II, Item 2.2 was included in the Agreement. Article II, Item 2.2: Establishment of Best Buy pportionment Area: The Authority will consider establishing the Best Buy Apportionment Area in Fiscal year 2008 -2009 for the purposes of creating a Best Buy Tax account in accordance with the terms of this Agreement. Nothing within the terms of this Agreement currently permits or compels any sales tax generated by Best Buy to be included in the remittance amount paid to SFSI. Mr. Ray replied that he was not opposed to allowing 2.2 be included in the agreement because he could not imagine any reason why we would ever allow sales tax generated by Best Buy to be included in the remittance amount paid to SFSI. Mr. Bonebrake moved for Council approval of the Development Agreement as stated, motion seconded by Mr. Cataudella. YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex NAY: None Motion carried 5 -0. ITEM 10. REPORT FROM CITY MANAGER. No report ITEM 11. REPORT FROM CITY ATTORNEY No report ITEM 12. REPORT FROM CITY COUNCILORS Councilor Kimball applauded Mr. Lehr and the Parks Department for the success of the Harvest Festival. Mayor Cataudella said how he enjoyed attending the First Annual Fire Department Awards Banquet. Councilor Gall thanked the Public Works Department for their hard work on the clean -up after the recent windstorm. 11 Owasso City Council ITEM 13. NEW BUSINESS None ITEM 14. ADJOURNMENT Mr. Bonebrake moved, seconded by Ms. Kimball, to adjourn. YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex NAY: None Motion carried 5 -0 and the meeting was adjourned at 6:59 p.m. Pat Fry, Minute Clerk November 6, 2007 Stephen Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, November 13, 2007 The Owasso City Council met in a special meeting on Tuesday, November 13, 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 5:45 PM on Thursday, November 8, 2007. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:01 PM. PRESENT ABSENT Steve Cataudella, Mayor John Sinex, Councilor DJ Gall, Vice Mayor Susan Kimball, Councilor Doug Bonebrake, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A. PROPOSED RESOLUTION CALLING FOR AN ELECTION TO DETERMINE WARD 3 AND WARD 4 COUNCIL REPRESENTATIVES Mr. Rooney reviewed the above item. It was explained that the recommended action by the Council by Resolution would call for an election to be conducted in Wards 3 and 4. Filing dates would be February 4, 5, and 6, 2008 for all candidates and the primary would be held on March 4, 2008, with the general election being held on April 1, 2008 if necessary. This item will be placed on the consent agenda for the November 20, 2007 regular meeting of the City Council. ITEM 3: DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. CITY ORDINANCE RELATING TO WILD AND EXOTIC ANIMALS Mr. Rooney reviewed the above item. It was explained that this item was under review as a result of a complaint received regarding a wildlife rehabilitator keeping a deer at the residence. Staff explained the need to have a comprehensive review of the ordinances as they relate to animal control, rather than making amendments in a piece -meal fashion. It is feared that by allowing animal rehabilitators in the City Limits, many of the quality of life decisions made by residents choosing to live within the City Limits could be in jeopardy. Staff's recommendation is to conduct a comprehensive review of the animal control ordinances and report back to the City Council in approximately 6 months. Owasso City Council November 13, 2007 ITEM 4: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. SUPPLEMENTAL APPROPRIATION RELATING TO THE OCTOBER 2007 STORM EVENT B. REVIEW OF BIDS RECEIVED FOR THE FY 2007 -2008 CIP STREET REHABILITATION PROGRAM Mr. Rooney reviewed the above items. The Supplemental Appropriation amount of $3,420 is being sought in order to address the purchase of chainsaws needed by the Public Works Department in order to assist in the October storm cleanup efforts. This item will be placed on the November 20, 2007 City Council agenda for action. A review of the single bid received for the 2007 -2008 CIP Street Rehabilitation Program was provided. It was discussed that, due to the amount of the base bid award and the materials cost associated with the street repairs, none of the alternate projects were being recommended forbid award. Councilor Kimball asked if perhaps some of the additional carry over funds could be used to fund the alternate projects. Mr. Rooney stated the City Manager was currently working on a presentation to the City Council for portions of those funds, however, staff would see if the contractor could honor the bids on the alternate projects for a period of 30 days, thus allowing the base bid to be awarded at the November 20, 2007 meeting with a decision regarding the alternate projects to come later. It was explained that this item, in some form, would be placed on the November 20, 2007 agenda for action by the City Council. ITEM 5: DISCUSSION RELATING TO CITY MANAGER ITEMS A. PROPOSED ORDINANCE RELATING TO PROHIBITING SMOKING IN CITY PARKS B. BUILDING PERMIT APPLICATION FEE C. PROPOSED CARRY -OVER FUNDS FROM 2006 -2007 D. CITY MANAGER'S REPORT Mr. Ray, Ms. Lombardi, Mr. Wiles, Mr. Rooney and Ms. Bishop reviewed the above items. It was explained that the ordinance prohibiting the use of all tobacco products in City Parks was in draft form and there would likely be revisions to that ordinance before being forwarded to the City Council on November 20, 2007 for action. The proposed building permit application fee was reviewed. It was explained that this fee would not increase the overall cost of the permit to the applicant, but would allow for the city to cover its processing costs should a request for a refund be submitted, as the $100 fee would be retained by the City. The proposed enactment date for this fee is January 1, 2008. The proposed carry -over budget was reviewed. The most recent sales tax report was also distributed. 2 Owasso City Council November 13, 2007 ITEM 6: LEGISLATIVE UPDATE Ms. Lombardi provided the City Council with a legislative update. ITEM 7: REPORT FROM CITY COUNCILORS Councilor Kimball and Mayor Cataudella had questions concerning the Sign Code and enforcement efforts, access to commercial property, pop -up flea markets, and the progress of the Comprehensive Plan review. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307 (B)(1). Councilor Kimball motioned, seconded by Vice Mayor Gall, to enter into Executive Session. The Council entered into Executive Session at 7:50 PM and returned at 8:18 PM. ITEM 9: ADJOURNMENT Vice Mayor Gall motioned, seconded by Councilor Kimball, to adjourn. All were in favor and the meeting was adjourned at 8:20 PM. Mayor Stephen Cataudella City of Owasso CLAIMS TO BE PAID 11/2012007 VENDOR AEP /PSO FRANK W AMBRUS OKLAHOMA MUNICIPAL LEAGUE JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD BELINDA K SEARS B PAINTS FUELMAN JPMORGAN CHASE COMMERCIAL CARD OKLA TRANSPORTATION AUTHORITY JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT COLE & REED, P.C. JPMORGAN CHASE COMMERCIAL CARD CHARACTER TRAINING INSTITUTE A N Z SIGNS & SHIRTS, INC MCAFEE & TAFT JPMORGAN CHASE COMMERCIAL CARD TULSA WORLD LEAGUE OF KANSAS MUNICIPALITIES REGIONALHELPWANTED.COM, INC TULSA WORLD NEIGHBOR NEWSPAPERS AMERICANCHECKED, INC FUELMAN BAILEY MEDICAL CENTER, LLC OFFICE DEPOT IKON OFFICE SOLUTIONS, INC JAVA DAVE'S EXECUTIVE COFFEE CINTAS CORPORATION HEARTLAND CONSULTING, INC AMERICAN WASTE CONTROL INC AEP /PSO ONG JPMORGAN CHASE COMMERCIAL CARD NEIGHBOR NEWSPAPERS DESCRIPTION 1 STREET LIGHTS REFUND TOTAL BAILIFF SERVICES CONFERENCE - JACKSON /FOWLER MUNICIPAL COURT DEPT TOTAL EMPLOYEE APPRECIATION EMPLOYEE APPRECIATION EMPLOYEE APPRECIATION PAINT SVC 1 FUEL FEDEX KINKOS- PRINTING PIKEPASS EOM NOV RECOGNITION LOWES -FALL LANDSCAPING CITY HALL HOME DEPOT - LANDSCAPING CITY HALL MANAGERIAL DEPT TOTAL OFFICE SUPPLIES PROFESSIONAL FEES -AUDIT FINANCE DEPT TOTAL AMER SOC TRAINING & DEV -BOOK CHARACTER BULLETINS CHARACTER BANNER LEGAL ARK DEMOCRAT - GAZETTE- ADVERTISING CLASSIFIED ADS ADVERTISING JOB ADVERTISING CLASSIFIED ADS CLASSIFIED ADS PRE - EMPLOYMENT BACKGROUND CKS FUEL MEETING EXPENSE HUMAN RESOURCES DEPT TOTAL OFFICE SUPPLIES COPIER SERVICES /SUPPLIES COFFEE SUPPLIES CARPET /MAT CLEANING CONSULTING SERVICES REFUSE SERVICE 10/07 USE UTILITY /GAS D & SONS LAWNCARE -CITY HALL MEDIA PUBLICATION /PUBLIC NOTICE AMOUNT 13.71 13.71 350.00 190.00 540.00 76.10 74.13 71.49 100.00 135.00 25.00 16.30 50.00 24.74 43.25 616.01 15.98 14,000.00 14,015.98 31.95 403.31 203.75 97.62 342.41 260.79 85.00 141.55 138.60 141.65 427.35 25.62 110.00 2,409.60 148.55 1,003.59 114.60 32.80 11,000.00 129.00 4,375.84 405.65 560.00 69.60 VENDOR DESCRIPTION AMOUNT AT &T JPMORGAN CHASE COMMERCIAL CARD NEOPOST LEASING, INC TULSA COUNTY CLERK US POSTMASTER OFFICE DEPOT FUELMAN TULSA COUNTY MIS JPMORGAN CHASE COMMERCIAL CARD SOUTHWEST CONST CODES COUNCIL SOUTHWEST CONST CODES COUNCIL INTERNATIONAL CODE COUNCIL, INC JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT OFFICE DEPOT T -SHIRT EXPRESS FUELMAN US CELLULAR STRATEGIC CONSULTING INT'L LLC COX COMMUNICATIONS JPMORGAN CHASE COMMERCIAL CARD OKLA TRANSPORTATION AUTHORITY FUELMAN STRATEGIC CONSULTING INT'L LLC OFFICE DEPOT TRIAD PRINTING, INC. LOWES HOME IMPROVEMENT WAL -MART COMMUNITY FUELMAN LOWES HOME IMPROVEMENT FLYNN'S PEST CONTROL COX COMMUNICATIONS DIRT BUSTER'S INC. FUELMAN AT &T AT &T JPMORGAN CHASE COMMERCIAL CARD OWASSO TOP SOIL FUELMAN AEP /PSO PHONE USE LONE STAR OVERNIGHT - DELIVER POSTAGE MACHINE LEASE FILING FEES PO BOX RENTAL GENERAL GOVERNMENT DEPT TOTAL OFFICE SUPPLIES FUEL DIAL UP SERVICE MEETING EXPENSE TRAINING /DEMPSTER CONFERENCE /DEMPSTER MEMBERSHIP DUES OFFICE DEPOT - KEYBOARD /MOUSE COMMUNITY DEVELOPMENT DEPT TOTAL OFFICE SUPPLIES OFFICE SUPPLIES UNIFORM EXPENSE - HANCOCK FUEL CELL PHONE USE ENGINEERING DEPT TOTAL GIS SYSTEM MAINT FEES INTERNET FEES TRAVELEXPENSE PIKEPASS FUEL GIS PUBLIC SAFETY TRAINING INFORMATION SYSTEMS DEPT TOTAL OFFICE SUPPLIES BUSINESS CARDS /G.WILLIAMSON PHYSICAL PROPERTY SUPPLIES OPERATING SUPPLIES FUEL MAINTENANCE SUPPLIES PEST CONTROL INTERNET FEES STREET SVC /CITY HALL FUEL TELEPHONE SERVICE PHONE USE MOTOROLA TRUNKED USERS - ANNUAL DUE SUPPORT SERVICE DEPT TOTAL DIRT FOR CEMETERY FUEL 10/07 USE CEMETERY DEPT TOTAL 613.45 52.67 389.00 60.00 204.00 19,158.75 195.74 457.84 30.00 48.94 110.00 25.00 35.00 61.96 964.48 26.98 31.49 83.94 381.82 112.46 636.69 4,000.00 379.95 23.00 6.20 30.72 3,520.00 7,959.87 7.58 45.00 86.72 24.90 371.80 5.94 110.00 69.95 108.00 250.37 4.98 133.54 65.00 1,273.82 50.00 50.84 31.42 132.26 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY08 136.50 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD DELL IVIARKETING -TONER FOR PD 89.99 OFFICE DEPOT OFFICE: SUPPLIES 96.99 JPMORGAN CHASE COMMERCIAL CARD SAV -ON PRINTING -MAIL SUPPLIES 133.38 JPMORGAN CHASE COMMERCIAL CARD SAV -ON PRINTING -FORMS 393.45 JPMORGAN CHASE COMMERCIAL CARD THOMSON WEST -OKLA STATE STATUES 273.50 WAL -MART COMMUNITY OPERATING SUPPLIES 14.56 WAL -MART COMMUNITY OPERATING SUPPLIES 169.74 OFFICE DEPOT LAPTOP BAG /SRO EDWARDS 39.99 JPMORGAN CHASE COMMERCIAL CARD ULTRA MAX -AMMO FIREARMS TRAINING 9MM 230.30 JPMORGAN CHASE COMMERCIAL CARD ULTRA MAX -AMMO FIREARMS TRAINING 45 772.00 GALL'S INC SHOCK PLATES /RAIN COAT 773.97 GALL'S INC BODY ARMOR/VINCE WALLS 482.76 JPMORGAN CHASE COMMERCIAL CARD PATROL TECHNOLOGY -W BENNETT 523.00 JPMORGAN CHASE COMMERCIAL CARD SYMBOLARTS- BADGE /J FOYIL 72.50 FUELMAN FUEL 7,897.77 HOWARD E STAMPER RADIO REPAIR SERVICES 150.00 OWASSO FITNESS ZONE, INC PHYSICAL FITNESS PROGRAM 105.00 JPMORGAN CHASE COMMERCIAL CARD LENOX WRECKER -TOW FOR FORFEITURE 224.80 AEP /PSO 10/07 USE 2,898.94 ONG UTILITY /GAS 195.81 JPMORGAN CHASE COMMERCIAL CARD MOTOROLA - PORTABLE RADIO BATTERIES 76.95 JPMORGAN CHASE COMMERCIAL CARD OWASSO FENCE - POLICE IMPOUND LOT FENCE 375.00 JPMORGAN CHASE COMMERCIAL CARD BENELLI- SHOTGUN REPAIR 355.00 JPMORGAN CHASE COMMERCIAL CARD DRY CLEANING STATION - UNIFORM CLEANING 1,407.40 AT &T PHONE USE 469.63 TAPE, INC TRAINING- LYNN/TURRENTINE 575.00 JOHN E REID & ASSOCIATES INC TRAINING -10 OFFICERS 2,670.00 POLICE PETTY CASH TOLLS /PARKING 14.00 DRAGOON, INC TURBO FLARES 1,395.00 INFORMATION TECHNOLOGIES, INC MOBILE COMPUTING 4,415.00 POLICE DEPT TOTAL 27,427.93 JPMORGAN CHASE COMMERCIAL CARD DELL MARKETING -TONER 159.98 AEP /PSO 10/07 USE 110.00 SCOPE TECHNOLOGIES CORP CHAIRS 1,796.00 POLICE COMMUNICATIONS DEPT TOTAL 2,065.98 GALL'S INC SPOTLIGHT 132.98 JPMORGAN CHASE COMMERCIAL CARD ANIMAL CARE EQUIP- TRANQUILIZER GUN 79.94 WAL -MART COMMUNITY OPERATING SUPPLIES 13.08 JPMORGAN CHASE COMMERCIAL CARD T -SHIRT EXPRESS - SHIRTS 12.00 FUELMAN FUEL 292.82 AEP /PSO 10/07 USE 283.84 AT &T PHONE USE 37.92 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE - HEMSOTH 162.00 OK ANIMAL CONTROL ASSN TRAINING SEMINAR - HEMSOTH 150.00 POLICE PETTY CASH TOLLS /PARKING 7.00 JPMORGAN CHASE COMMERCIAL CARD PNEU- DART -DART GUNS 1,251.97 ANIMAL CONTROL DEPT TOTAL 2,423.55 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - OFFICE SUPPLIES 46.43 OFFICE DEPOT OFFICE SUPPLIES 10.27 JPMORGAN CHASE COMMERCIAL CARD FIRE PROTECTION /TRAINING MANUAL 59.00 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD WAYEST SAFETY INC NORTH AMERICA FIRE EQUIPMENT CO. JPMORGAN CHASE COMMERCIAL CARD MIDWEST VEHICLE PROFESSIONALS, INC FUELMAN JPMORGAN CHASE COMMERCIAL CARD AEP /PSO ONG LOWES HOME IMPROVEMENT IKON OFFICE SOLUTIONS, INC CULLIGAN OF TULSA AT &T AT &T OWASSO FITNESS ZONE, INC OKLA TRANSPORTATION AUTHORITY JPMORGAN CHASE COMMERCIAL CARD PRENTICE HALL - FIREFIGHTER MANUAL MOTOROLA - BATTERIES FOR PORTABLES USPS- POSTAGE COLLINS COMPANY -WATER JUG SPICOTS SCBA VOICE AMPLIFIERS UNIFORMS /PROTECTIVE EQUIPMENT LOWES- VEHICLE REPAIR LADDER 2 LADDER TRUCK FOOT SWITCH FUEL LOWES -TOOLS FOR REPAIRING FLAG 10/07 USE UTILITY /GAS DRYWALL REPAIR /BULBS FS #1 COPIES FOR STATION #2 WATER SVC TELEPHONE SERVICE PHONE USE PHYSICAL FITNESS PROGRAM PIKEPASS LEOS GOLD LION PROD - LETTERING FIRE DEPT TOTAL 77.17 76.95 58.43 39.00 358.50 825.00 36.69 51.84 2,337.84 106.17 2,299.91 656.39 20.85 0.50 23.90 5.08 242.92 375.00 6.95 209.48 7,924.27 AEP /PSO 10/07 USE 82.90 VVEC ELECTRIC BILL FOR STORM SIRENS 24.48 AT &T PHONE USE 18.95 EMERGENCY PREPAREDNESS DEPT TOTAL 126.33 WATER PRODUCTS MILL CREEK LUMBER & SUPPLY TWIN CITIES READY MIX, INC WATER PRODUCTS UNIFIRST HOLDINGS LP TULSA COUNTY BOCC FUELMAN AEP /PSO AEP /PSO BAILEY EQUIPMENT, INC OWASSO TOP SOIL JOLIE, INC. THE UPS STORE ANCHOR STONE CO TWIN CITIES READY MIX, INC BROWN FARMS LLC BROWN FARMS SOD UNIFIRST HOLDINGS LP BLOSS SALES & RENTAL, INC FUELMAN BAILEY EQUIPMENT. INC REPAIR /MAINT SUPPLIES REPAIR /MAINT. SUPPLIES REPAIR /MAINT. SUPPLIES REPAIR /MAINT SUPPLIES UNIFORM /PROTECTIVE CLOTHING TRAFFIC & ST. SIGNS FUEL 10/07 USE STREET LIGHTS REPAIR /MAINT. EQUIPMENT STREETS DEPT TOTAL DIRT / STORMWATER REPLACEMENT PROJECT POSTAGE /RETURN BAD DVD REPAIR /MAINT. SUPPLIES REPAIR /MAINT. SUPPLIES PALLETS UNIFORM /PROTECTIVE CLOTHING MAINT. SUPPLIES FUEL REPAIR /MAINT. EQUIPMENT STORMWATER MAINTENANCE DEPT TOTAL 0.00 81.86 686.25 98.32 93.90 848.79 1,602.50 1,257.31 4,932.60 38.88 9,640.41 110.00 8.30 571.37 114.38 240.00 85.28 2.17 1,460.78 66.16 2,658.44 MAACO AUTO PAINTING & BODYWORKS PAINTING SERVICE - VEHICLE 665.00 LOCKE SUPPLY VACUUM REPLACEMENT PARTS 1.73 JPMORGAN CHASE COMMERCIAL CARD ATWOODS- PADLOCKS 45.84 VENDOR DESCRIPTION AMOUNT TRIAD PRINTING, INC. THE GPM CO., INC LOCKE SUPPLY UNIFIRST HOLDINGS LP FUELMAN BAILEY EQUIPMENT, INC T. CORBIN ANIMAL RELOCATORS BLOUNT LAWN SERVICES AEP /PSO ONG AT &T JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD BAIN, JEFF BAIN, JEFF SCOTT -MACON EQUIPMENT CHARACTER TRAINING INSTITUTE OFFICE DEPOT TULSA MAINTENANCE SUPPLY LOWES HOME IMPROVEMENT LIBERTY FLAGS, INC. FUELMAN AEP /PSO ONG AT &T AT &T BUSINESS CARDS /D. WARREN ROCK COVER CABLE TIES UNIFORM RENTAL /CLEANING FUEL EDGER BEAVER CONTROL /CENTENNIAL PARK LAWN SVC /SKATE PARK 10/07 USE UTILITY /GAS PHONE USE WALMART- HARVEST FESTIVAL SUPPLIES WALMART- HARVEST FESTIVAL SUPPLIES HOBBY LOBBY - HARVEST FESTIVAL SUPPLIES HARVEST FESTIVAL HAY - HARVEST FESTIVAL LIGHT TOWER- HARVEST FESTIVAL PARKS DEPT TOTAL CHARACTER BULLETINS OFFICE SUPPLIES PAPER GOODS STAIN 4 NEW DOOR /COMM CTR TASSEL CORD FOR FLAGS FUEL 10/07 USE UTILITY /GAS TELEPHONE SERVICE PHONE USE COMMUNITY CENTER DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES AEP /PSO 10/07 USE ONG UTILITY /GAS AT &T PHONE USE HISTORICAL MUSEUM DEPT TOTAL FUELMAN FUEL JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE OKLA TRANSPORTATION AUTHORITY PIKEPASS JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE ECONOMIC DEVELOPMENT DEPT TOTAL JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD EXCELLANCE, INC FUELMAN EMSAR OF SOUTH TEXAS GENERAL FUND TOTAL ALLIANCE MEDICAL - SUPPLIES TRI -ANIM HEALTH - SUPPLIES TRI -ANIM HEALTH - SUPPLIES AIR HORN REPAIR FUEL STRYKER COT MOUNT SYSTEM 45.00 274.90 4.45 54.88 525.73 359.99 468.00 450.00 2,717.86 358.08 169.10 229.58 39.76 21.66 36.00 36.00 225.00 6,728.56 36.00 389.98 158.65 15.22 32.00 99.73 1,316.59 150.18 4.25 121.94 2,316.04 12.99 164.75 56.78 56.50 291.02 140.02 62.87 2.20 5.61 29.03 15.90 255.63 109,579.33 801.99 867.01 298.26 55.36 1,878.58 595.00 VENDOR AT &T JPMORGAN CHASE COMMERCIAL CARD AT &T H &R LIFTING & BUCKET SERVICE FIT CONSTRUCTION, LLC LOWES HOME IMPROVEMENT JPMORGAN CHASE COMMERCIAL CARD CROSSLAND HEAVY CONTRACTORS BKL INCORPORATED L & M OFFICE FURNITURE, INC DELL MARKETING L.P. MSB CONSTRUCTION INC MSB CONSTRUCTION INC PACK & MAIL PLUS ROBERT E. BIRD SURVEYING & DESIGN FIT CONSTRUCTION, LLC JPMORGAN CHASE COMMERCIAL CARD RANDY G. MISER ASPHALT COMPANY FULLERTON WELDING SUPPLY FUELMAN JPMORGAN CHASE COMMERCIAL CARD LOWES HOME IMPROVEMENT CLASSIC CHEVROLET, INC. O'REILLY AUTOMOTIVE INC AMERIFLEX HOSE & ACCESSORIES, LLC OK TRUCK SUPPLY INC QUIKSERVICE STEEL CO OF TULSA T & W TIRE, LP ATWOODS DISTRIBUTING, LP KEYSTONE EQUIPMENT CO AEP /PSO ONG AT &T AT &T LENOX WRECKER SERVICE INC DESCRIPTION AMOUNT TELEPHONE SERVICE 77.50 TULSA TECH - PARAMEDIC GUIDES /B POTTER 46.00 AMBULANCE SERVICE FUND TOTAL 4,619.70 E911 FEES 1,907.22 E -911 FUND TOTAL 1,907.22 HOLIDAY BANNER /48 HUNG 1,920.00 HOTEL /MOTEL TAX FUND TOTAL 1,920.00 THREE LAKES POND DAM REPLACEMENT 76,105.80 STORMWATER MGMT FUND TOTAL 76,105.80 ANIMAL CONTROL SUPPLIES 390.45 ANIMAL STERILIZATION FUND TOTAL 390.45 DELL MARKETING - COMPUTERS 3,582.72 CONSTRUCTION - STATION #3 234,334.44 ARCHITECTURAL SERVICES 3,990.00 CHAIRS - STATION 3 1,158.47 COMPUTERS /PRINTER 3,596.94 WATERLINE IMPROVEMENTS 62,572.50 SANITARY SEWER EXT- STATION 3 35,716.50 COPIES 216.00 FIELD DESIGN - SPORTS PARK 2,600.00 BALL FIELD CONSTRUCTION 28,115.10 CAPITAL IMPROVEMENT FUND TOTAL 375,882.67 STRYKER SALES -COT PURCHASE 19,123.72 AMBULANCE CAPITAL FUND TOTAL 19,123.72 CENTENNIAL PARK - WIDEN /REPAIR 12,350.00 PARK DEVELOPMENT FUND TOTAL 12,350.00 LEASE 1 ACETYLENE /2 OXYGENMARGON FUEL MOTOROLA -RADIO WIRING HARNESS LAG SCREWS/VEHICLE MAINT. PARTS FOR RESALE PARTS FOR RESALE PARTS FOR TRASH TRUCK PARTS FOR TRASH TRUCK PARTS FOR RESALE TIRES- PD/TT /KT BIKE PATROL TRAILER MAINT. PART 06 TRACKHOE 10/07 USE UTILITY /GAS TELEPHONE SERVICE PHONE USE TOWING SVC /PW TRUCK CITY GARAGE FUND TOTAL 119.95 66.94 18.80 2.34 49.45 760.03 55.42 24.10 124.73 3,118.05 5.97 57.00 457.73 140.95 56.92 37.91 65.00 5,161.29 VENDOR DESCRIPTION AMOUNT PPO SOLUTIONS THIRD PARTY ADMIN FEES 1,450.00 WORKERS COMP FUND TOTAL 1,450.00 GRAND TOTAL 608,490.18 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/20/07 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL AMOUNT 28,013.07 28,013.07 HEALTHCARE SELF INSURANCE FUND TOTAL 28,013.07 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPOR F PAY PERIOD ENDING DATE 11/10/2007 Department Overtime Expenses Total Expenses Municipal Court ., ,_, . �,.rs; ... 5,583.55 Managerial - 23,160.23 Finance 36.75,: ` 14,400.77 Human Resourses - 7,324.54 Community Development - 13,290.42 Engineering - 14,775.65 Information Systems - 11,865.25 Support Services - 9,912.26 Police 2,005.37 125,094.33 Central Dispatch 532.70 12,938.63 Animal Control 3,230.82 Fire 1,164.48 105,259.52 Emergency Preparedness - 3,762.67 Streets 183.72 9,857.33 Stormwater /ROW Maint. - 8,972.33 Park Maintenance - 10,894.48 Community- Senior Center 4,491.38 Historical Museum - 2,633.06 Economic Development - 4,543.87 General Fund Total 3,923.02 391,991.09 Garage Fund 47.84 5,517.93 Fund Total 47.84 5,517.93 Ambulance Fund 320.84 23,574.52 Fund Total 320.84 23,574.52 Emergency 911 Fund - 4,405.06 Fund Total - 4,405.06 Workers Compensation 2,066.21 Fund TotaL 2,066.21 CITY OF OWASSO GENERAL FUND FISCAL YEAR 2007 -2008 Statement of Revenues & Expenditures As of October 31, 2007 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance MONTH YEAR $ 1,458,835 $ 5,735,631 25,520 103,022 41,277 162,408 25,165 83,085 65,221 219,869 7,602 31,036 1,623,621 6,335,051 798,558 3,639,868 63,479 212,377 144,479 457,777 196,383 708,739 1,202,900 5,018,761 420,721 1,316,290 907,868 3,484,430 (1,361,903) (5,338,835) (454,034) (1,854,406) (33,313) (538,115) 5,133,169 $ 4,595,054 BUDGET $ 17,883,000 303,500 516,500 276,500 680,000 116,300 19,775,800 10,956,875 603,661 1,552,017 1,630,196 PERCENT OF BUDGET 32.07% 33.94% 31.44% 30.05% 32.33% 26.69% 32.03% 33.22% 35.18% 29.50% 43.48% 14,742,749 34.04% 5,033,051 10,520,000 (16,501,125) (5,981,125) (948,074) FUND BALANCE (Budgetary Basis) Beginning Balance 3,691,097 3,691,097 Ending Balance $ 3,152,982 $ 2,743,023 26.15% 33.12% 32.35% 31.00% MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGElf SUBJECT: AGREEMENT FOR URBAN ENGINEERING SERVICES CITY DESIGN CRITERIA DATE: October 15, 2007 BACKGROUND: At the May 17, 2005, City Council meeting, the Engineering Design Criteria, Construction Standards and Standard Details were adopted by the City Council. Documents required as a result of that adoption includes an agreement by the developer's engineer titled "Agreement for Urban Engineering Services." This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma and attest that he /she maintains Professional Liability Insurance in limits of not less than $1,000,000 for a period of three years. The Agreement for Urban Engineering Services requires the signature of the Mayor. In February of 2006, the City Council acted on Agreements submitted to -date and approved a process for the approval of subsequent Agreements under the consent agenda. The following additional Agreements for Urban Engineering Services have been submitted for approval under the consent agenda: FIRM Kellogg Engineering Kellogg Engineering Kellogg Engineering DeShazo, Tang, & Associates Tuttle & Associates PROJECT Caudle Center Phase II Nottingham Hill Tyann Plaza - Phase II DLSS Villas at Preston Lakes Copies of the above agreements are attached for information and review. Agreement for Urban Engineering Services Page 2 of 2 RECOMMENDATION: Staff recommends Council acknowledge receipt of the Agreements for Urban Engineering Services and authorization for the Mayor to sign the agreements. ATTACHMENTS: A. Kellogg Engineering — (3) Aggreement for Urban Engineering Services B. DeShazo, Tang, & Associates — (1) Agreement for Urban Engineering Services C. Tuttle & Associates, Inc. — (1) Agreement for Urban Engineering Services AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, INC. Engineer ". WITNESSETH: hereinafter called "Design WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: Tyann Plaza - Phase III, Part of the NEA, Section 20, T -21 -N, R -14 -E, IB &M, City of Owasso, Oklahoma South of Tyann Plaza IX & East of the Owasso Expressway Between E 86th St N & E 96th St N APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of 20 Executed by the Design Engineer on the ls� day of Seo� m er 20_P_7 CITY OF OWASSO, ATTEST: City Clerk AP OVED AS FORM: City Attorney is Works Director ATTEST: Secretary OKLAHOMA a municipal corporation BY Mayor &-,- t' � "ty Engineer By President Title APPENDIX B, PART 11 AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso ACORD- CERTIFICATE OF LIABILITY INSURANCE 03 /21 /2007 M /2007) 03!2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER Marsh Affinity Group Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a service of Seabury & Smith, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9153 Des Moines, IA 50306 INSURED Kellogg Engineering, Inc. 6755 South 4060 Road Talala, OK 74080 li'VNUKEK Ell: INSURER E: Pf% %I Cn A/^_CC of London 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 CLAIM_ S. NSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION RAIL LIABILITY OMMERCIAL GENER(,q��, LIABILITY CLAIMS MADE u OCCUR ��_ DAMAGE TO RENTED PRE MI E O RREN GENERAL AGGREGATE $ GENERAL AGGREGATE LIMIT APPLIES PER: POLICY ROJECT L04C PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SHCEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea Accident) $ BODILY INJURY (Per Person) $ BODILY INJURY (Per Accident) $ PROPERTY DAMAGE (Per Accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I UTORY LIMIT ER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S A OTHER PROFESSIONAL LIABILITY INSURANCE RETRO DATE: 02/17/2001 0006482 02/17/2007 02/17/2008 DEDUCTIBLE: PER CLAIM 10,000 LIMITS: PER CLAIM $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSIVECHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Owasso PO Box 180 Owasso, OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL N/A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE�y` AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, INC. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: Nottingham Hill, Part of the NE /4, Section 21, T -21 -N, R -14 -E, IB &M, City of Owasso, Oklahoma Between N. 129th E. Ave. & N. 145th E. Ave. on the south side of E. 96th St N. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of 120 Executed by the Design Engineer on the & day of kl'%L�20� CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED ./ FORM: City Attorne APPROV D: lublic Works Director Engineer By President Title ATTEST: Secretary APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso A_ ORD- CERTIFICATE OF LIABILITY INSURANCE 11ATEIMMIDW"YY) 03/21/2007 THIS CERTIFICATE IS ISSUED AS A NIAITER OF INFOR.NIATION PRODUCER Marsh Affinity Group Services ONLY .AND CONFERS NO RIGHTS UPON THE CERTIFICATE a service of Seabury & Smith, Inc. HOLDER. THIS CERTIFICATE DOES NOT .INIEND, EXTEND OR P.O. Box 9153 - Des Moines, IA 50306 INSURED Kellogg Engineering, Inc. Lloyd's of London 1122000 6755 South 4060 Road INSURER B: Talala, OK 74080 INSURER C- I I (INSURER E• 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. NSR LTR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION Ggtj�RAL LIABILITY MMERCIAL GENE LIABILITY CLAIMS MADE OCCUR rlrCtJRRFNCF DAMAGE TO RENTED PR EMISES (Ea OCCURRENCrQ - - --- GENERAL AGGREGATE f GENERAL AGGREGATE LIMIT APPLIES PER: POLICY I ROJECT LOC PRODUCTS - COMP /OP AGG f AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SHCEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea Accident) f BODILY INJURY (Per Person) f BODILY INJURY (Per Accident) f PROPERTY DAMAGE (Per Accident) f GARAGE LIABILITY ANY AUTO - AUTO ONLY - EA ACCIDENT f EA ACC OTHER THAN AUTO ONLY: AGG f S EXCESS/UMBRELLA LIABILITY OCCUR EJ CLAIMS MADE DEDUCTIBLE RETENTION f EACH OCCURRENCE f AGGREGATE f .. .. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below UTORY LIMIT ER E.L. EACH ACCIDENT f E.L. E.L. DISEASE - EA EMPLOYEE f E.L DISEASE - POLICY LIMIT f A OTHER PROFESSIONAL LIABILITY INSURANCE RETRO DATE: 02/17/2001 0006482 02/17/2007 02/17/2008 DEDUCTIBLE: PER CLAIM 10,000 LIMITS: PER CLAIM $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/VECHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Owasso PO Box 180 Owasso, OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL NIA DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: Caudle Center - Phase II, Part of the NEA of the NEA of Section 19, T -21 -N, R -14 -E, IB &M, City of Owasso, Oklahoma, Southwest of the Intersection of E. 96th St. N. and N. Garnett Rd. E. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of ,20 Executed by the Design Engineer on the ,+�% day of `7C GM C 2007 ATTEST: City Clerk APP OVED AS TO V-InRM: 4 0C tity • — APPR D: 1 L ,ublic Works Director ATTEST: Secretary CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor iL- "1... Q�'/ Engineer By President Title APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso A .DRD. CERTIFICATE OF LIABILITY INSURANCE DATE 03/21 21 /2/2 007 07 THIS CERTIFICATE IS ISSUED AS A MATTER OF 1NFOR.MATION PRODUCER Marsh Affinity Group Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a service of Seabury & Smith, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9153 Des Moines, IA 50306 INSURED Kellogg Engineering, Inc. INSURER A,. Lloyd's of London 1122000 6755 South 4060 Road INSURER Be Talala, OK 74080 INSURER C: INSURER D: >rvcrro�n t'. f"�Ti1�3:Trri 3N 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. NSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION Tr RAL LIABILITY MMERCIAL GENERA LIABIUTY CLAIMS MADE OCCUR aS DAMAGE TO RENTED PREMISES E RREN GENERAL AGGREGATE $ GENERAL AGGREGATE LIMIT APPLIES PER: POLICY ROJECT LOC PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SHCEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea Accident) $ INJURY (Per Pe rson) f BODILY INJURY (Per Accident) $ PROPERTY DAMAGE (Per Accident) $ GARAGE LIABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below UTORY LIMIT I ER E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT 1 $ A OTHER PROFESSIONAL LIABILITY INSURANCE RETRO DATE: 712001 0006482 02/17/2007 02/17/2008 DEDUCTIBLE: PER CLAIM 10,000 LIMITS: PER CLAIM $1,000,000 �AQ DESCRIPTION OF OPERATIONS /LOCATIONSIVECHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Owasso PO Box 180 Owasso, OK 74055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL N/A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED J REPRESENTATIVE AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and hereinafter called "Design Engineer ". WITNES SETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: DtS S t07 I s 2 , "8LOc k- i , AKE /; c 265 U. Ci Tq Of CwAssa o 7UsA COUt4 , STaTE of O - A MMA- (I4cO 6j �' uc -TT APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of , 20 Executed by the Design Engineer on the l/ day of 20p). ATTEST: City Clerk VIA I / / �_ � APPRO D: It ublic rks 1rec or ATTEST: Secretary CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso ACORD CERTIFICATE OF LIABILITY INSURANCE TM DATE 09/28/2007 PRODUCER McLaughlin Brunson Insurance Agency, LLP 9535 Forest Lane 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 Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Dallas TX 75243 INSURERS AFFORDING COVERAGE INSURED Deshazo, Tang & Associates, Inc. INSURER A: St. Paul Fire and Marine Insurance Company INSURER B: Travelers Indemnity Co. of America 10830 E. 45th Street INSURER C: Charter Oak Fire Insurance Company Suite 204 Tulsa OK 74146 INSURER D: Travelers Indemnity Company INSURER E. Travelers Indemnity Company of Connecticut COVERAGES 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (mmmn= 05/01/2008 LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [X] OCCUR 680 1751L338 05/01/2007 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE An one fire $ 1,0001000 MED EXP A one n $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENE RALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,000 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA 1752L882 05/01/2007 05/01/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X F1 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY X OCCUR F_I CLAIMS MADE DEDUCTIBLE RETENTION CUP 6328Y545 05/01/2007 05/01/2008 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB6673Y783 05/01/2007 05/01/2008 x I WC sTATU- OTH- E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 1 $ 500,000 A OTHERProfessional Liab. QP03808652 05/21/2007 05/21/2008 $ 2,000,000 Per Claim / Aggregate DESCRIPTION OF OPERATIONSAACATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: DLSS Systems - Owasso Site Plan - 07528 - The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DLSS Systems DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 302 -B East 5th St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Owasso OK 74055 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25S (1197) 0 ACORD CORPORATION 1 AAR AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLEjHOMA, a municipal corporation, hereinafter called "City" and ��� �c S S'bcjp hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART 11 AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of 20 Executed by the Design Engineer on the _day of y 20 CITY OF OWASSO, ATTEST: City Clerk OKLAHOMA a municipal corporation BY Mayor APPROVED AS TO ORM: ity Attorney APP ED: Public Wor s Director r ATTEST: Secretary APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso From: Jennifer Muniz At: KHT insurance Fax)D: 817 - 870 -2520 To: Regan Date: 9/25/07 11:40 AM Page: 2 of 3 AC®RG CERTIFICATE OF LIABILITY INSURANCE OP UTT D l 1 DAT09 /25/07)' PRODUCER 'HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KHT Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 650 W. Vickery, Suite 170 )kLTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth TX 76104 Phone: 817-336-2721 Fax:817- 870 -2520 INSURERS AFFORDING COVERAGE IWC# INSURED 111S-'REPi Lloyds of London It S.IRER E Tuttle & Associates, Inc. ul= PER Jeffrey A. Tuttle _. —_. 9718 E. 55th Place IIIS. PER I Tulsa OK 74146 - — "IS . REP E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO- THE -')L ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT FYI WHIC- THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL'_ THE TE4 M3, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DATT. M�MID fD N) DATE (MWDDIYY) LIMITS RI:-RESE VTATVES. AU' H D NTATI , GENERAL LIABILITY _-� EACH OCCURRENCE $ PREMISES (Ea occurence) $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE F] OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGO $ POLICY PEA LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY I ALTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMffS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER A Professional PTUT00107 03,106.107 Limit $1,000,000 Liability 03,06/08 Claim $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I iF ECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYOFO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cty of Owasso 111 N. Main St RI:-RESE VTATVES. AU' H D NTATI , Owasso OK 74055 ACORD 25 (2001108) 9 AcUKD cUK AURA I ION T 985 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR SUBJECT: FY 2007 -2008 CIP STREET REHABILATION PROGRAM 1:11 DATE: November 16, 2007 BACKGROUND: Included in the FY 2007 -2008 Budget, the Capital Improvements Fund allows for the expenditure of $1 million for the repair and /or resurfacing of residential and non - residential roadways throughout the City. An additional $195,000 will be obtained from remaining funds in the FY 06 -07 program. Rehabilitation sites have been evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. On July 17, 2007, the City Council approved the FY 2007 -2008 Street Rehabilitation Program repair site priorities. The cost estimate for the construction of the repair site priorities was anticipated to be approximately $1.2 million. Upon approval of the site priorities, the Engineering Division began to complete bid documents. The bid documents outlined the work to be completed in Part I of the rehabilitation program. Part I includes pavement repair, including removal, disposal and replacement of existing pavement as well as concrete curb and gutter replacement for those projects identified as needing complete repair and the asphalt overlay provided by an Interlocal Agreement with Tulsa County. Projects included in Part I are shown in Attachment A. Part II of the rehabilitation program includes the paving and /or resurfacing of approximately five lane -miles (or 7,000 tons of asphalt) of roadway surface. On September 18, 2007, the City Council approved an Interlocal Agreement between the City of Owasso and Tulsa County for paving assistance as part of the FY 2007 -2008 Street Rehabilitation Program. This Agreement will allow for the use of Tulsa County labor and equipment with material purchased by the City of Owasso. Projects associated with this agreement are also shown in Attachment A. The provisions of this Agreement include: ■ The City of Owasso shall provide all required materials; Tulsa County shall provide all necessary labor and equipment to complete the projects; and FY 2007 -2008 Street Rehabilitation Program ■ Duration of the Agreement shall be for a period equal to the time necessary to complete the projects. As mentioned above, one of the provisions of this Interlocal Agreement includes that all materials shall be furnished by the City of Owasso. Thus, Part II materials and costs include the following: • Asphalt Material $180,000 • Paving Fabric $ 85,000 • Traffic Control $ 20,000 • Striping $ 30,000 Total $315,000 ANALYSIS OF BIDS: A Notice to Bidders for the work to be performed in Part I of the FY 2007 -08 Street Rehabilitation Program was published in the Owasso Reporter on October 4, 2007 and October 11, 2007. Facsimile notifications were sent directly to numerous local contractors on October 23, 2007. A mandatory pre -bid meeting was held on October 25, 2007 with five (5) contractors present. Bids were publicly opened on November 5, 2007 with one (1) contractor submitting the following bid: Becco Contractors, Inc. (Tulsa) $ 826,098 As a result of the combined cost of Part I and II totaling $1,141,098, the three (3) alternate bids will not be recommended for award. A complete tabulation of unit prices and alternate bids is included as Attachment B. PROJECT FUNDING: Funds for this project in the amount of $1,000,000 are included in the FY 07 -08 Capital Improvements Fund. An additional $195,000 will be obtained from remaining funding in the FY 06 -07 program. RECOMMENDATION: Staff recommends Council award Part I of the FY07 -08 CIP Street Rehabilitation Program construction contract to Becco Contractors, Inc. of Tulsa, OK in the amount of $826,098. ATTACHMENTS: A. Site Location Map B. Bid Tabulation 7 T' „ '. ii ■ R' = III, ■� S w� _� if�1 «�1► *�I . I�i � ■ ■fir r a ►.. *-'Was' :. ° - � — , r .� r�1 ■ ■l � - i a* "� +��l�t� alp Cm Zr Lin =9■ ■.tii ■■ 'W !! fit J "'47• ■Ir'11.1`II'111_171� ■ *ii ■L ■ ■� - \*I. 1 `��,(aY1t�. MENEM Jill ■ ■■ ■ ■■ a� te.� R. . ■ %i.1LU�1 �IM �� -- i F i ■■ate ANNE unllrllr �t■ ■iii■ s! ,.. ...ham ■!._ n 'I� *.ral�r■ ■tom! 1` - ( - ■ r'r ("��� ►' is ' +1���■fi ■ ■1 al VA lir ■�� = _ :• - ..+. ■Fr 11 J IUnu...w;Arf�u■��f �.�.'' . Ir•.tic- .... •__.... ����{r/ .� Iii�ItlttIN�11■ ::nrurr.. *1�■■� *� �� c � :-. . H1�4� ;�..�tti���� 1'' .�: : - r n.1■nt *sa11 .� 1` 1 ��� ������_► �i_,.Yt��''_.1 _��r■�• �■ � 'ate _ � .. %� ��•_ - _ __ '' i ■1 � rr' •. � , . � r �iJ ►y as 1�5 _ � ... ....... �. � �_ 7 ■��� CIF .17rar ■. Ir K. :.IS ,r�� ... '�� •`mow *�■�. `- i..,Innul �__, ■�' '''` I ' _ �iCRIME ��1t1�1 ,.i._ - - ='-1 �.: ■A ri� `> � ■ice - IN 4 ATTACHMENT B CITY OF OWASSO, OKLAHOMA 2007 -2008 PAVEMENT REPAIR PROJET Bid Opening: November 5, 2007 BID DOCUMENTATION Number of Bids: 1 Bids Opened By: Marcia Boutwell Witness: Jeff Bain BIDDER BASE BID ALT #1 ALT #2 ALT #3 TOTAL Becco Contractors, $826,098.00 $35,190.00 $68,618.00 $79,432.50 $1,009,338.50 Engineer's Estimate $878,176.94 $54,521.67 $84,831.67 $98,156.67 $1,115,686.95 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: /s/ Marcia Boutwell Date: November S, 2007 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: DEVELOPMENT OF A BUILDING PERMIT APPLICATION FEE DATE: November 14, 2007 BACKGROUND: In April of this year, following a comprehensive review of service rates and charges assessed by the City of Owasso, the City Council adopted several new fees assessed by the Parks, Cemetery, Community Center, Community Development, Animal Control, Police, Fire, and Public Works Departments. At that time, one of the fees discussed but not brought to the City Council for discussion was the development of a Building Permit Application Fee. The idea behind the proposed fee was to assess a fee of $100 in order to cover the costs incurred during the review and approval process involved with a building permit. The proposal was not brought to the City Council for discussion because there was disagreement by staff regarding the relevance and appropriate nature of this type of fee. RECENT DEVELOPMENTS: The Community Development Department has recently been experiencing a marked increase in the number of issued building permits that are later requested by the building permit applicant to be refunded and voided. As a result, associated costs with the permit review and issuance process are not covered by the existing fees charged for building permits. Instead, the entire cost of this process is then incurred by the City of Owasso. In order to address this problem, a Building Permit Application Fee is being proposed by staff. CURRENT PROPOSAL: The solution currently being proposed by staff is actually a modification of the original Building Permit Application Fee. The proposal allows for a $100 Building Permit Application Fee to be assessed and collected at the time of building permit application. If a permit is issued, the final permit fee would be reduced by $100 at the time of issuance as a result of a credit for the $100 Building Permit Application Fee. Therefore, no overall increase in cost would be experienced by the builder /applicant. However, in the event that the permit is issued and paid for by the builder /applicant and then later cancelled at their request, all fees would be refunded with the exception of the $100 Building Permit Application Fee. Additionally, in the event that the permit is issued and never "picked up" by the applicant, the City would retain the $100 from the proposed Building Permit Application Fee. This proposal would address the need for the city to ensure its costs associated with the review and issuance of a permit are collected, while also potentially acting as a deterrent to the builder /applicant from applying for a permit when, perhaps, they are not ready to do so or before financing is secured by the eventual owner. REQUESTED ACTION: If the Council is agreeable to the proposed Building Permit Application Fee as outlined above, the fee may be adopted by a simple motion of the Council. Additionally, should the fee be approved, staff would then notify the building community of this change in the application process. RECOMMENDATION: Staff recommends Council approval of the assessment of a Building Permit Application fee as outlined above, said fee to be $100 with an effective date of January 1, 2008. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIM DOYLE GENERAL SERVICES SUPERINTENDENT SUBJECT: REQUEST FOR SUPPLEMENTAL APPROPRIATION FY 2007 -2008 STORM EVENT RECOVERY DATE: November 16, 2007 BACKGROUND: On Wednesday evening October 17, 2007, a severe storm struck portions of the City of Owasso. The storm caused significant damage to portions of Original Town, Elm Creek and Three Lakes including considerable tree damage throughout the City. Public Works crews from multiple divisions performed cleanup operations for twelve days following the event. This cleanup event required the purchase of seven (7) additional chainsaws, chains, and bar oil to facilitate effective and efficient cleanup operations. Based on an evaluation of year -to -date expenditures for the StormwaterNegetation Division, a supplemental appropriation in the amount of $3,420.00 is necessary to address an existing funding deficiency created by the procurement of the necessary debris removal equipment. FTTNDIN(:_ Adequate funding is available in the General Fund reserves to fund the supplemental appropriation in the amount of $3,420.00. RECOMMENDATION: Staff recommends Council approval of a Supplemental Appropriation in the amount of $3,420.00 for unanticipated expenditures related to FY 2007 -2008 storm management activities. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: PROPOSED CARRYOVER BUDGET DATE: November 16, 2007 BACKGROUND: In 1993, the City Council adopted a "Carryover Budget Policy." Each year since then, the City Council has approved a "carryover" supplemental appropriation. A "carryover" budget is a concept wherein a department's budgeted, but unexpended, funds from one fiscal year may be re- budgeted (appropriated) to the next fiscal year. The goal of a carryover budget is to encourage economy and efficiency in the use of public funds. Traditional public sector budgets "reward" the expenditure of all of the funds under a manager's control and justify an increasing level of appropriations in subsequent fiscal years. In using this traditional philosophy, efforts to be efficient and save money often are "rewarded" by a reduction in future budgets. The carryover budget promotes a philosophy of "save and invest it" rather than "spend it or lose it." Managers who save money from last year's budget have been rewarded by the possibility of a carryover appropriation to the new fiscal year budget. GENERAL FUND - The approved FY 2007 -08 budget included a projected available fund balance for July 1, 2007 of $2,520,000 in the General Fund. That estimate was based on certain assumptions about revenues and spending that would occur through the end of the fiscal year. The actual beginning fund balance for fiscal 2007 -08 was $3,690,000 or $1,170,000 greater than the original estimate. Most of that difference is due to open contracts and projects incomplete at the fiscal year end. On August 8, the City Council approved a supplemental appropriation of $599,928 in the General Fund for the fiscal year end open contracts. The remaining $570,072 difference in the fund balance is the basis for funding the carryover budget supplement in the General Fund. The requests recommended for the carryover appropriation in eleven departments of the General Fund total $205,714. This is an increase of $5,000 over the amount recommended to the Council at the Work Session meeting on the 13th. A request by the Information Technology department for funding to solve a network server problem has been added. The schedule of General Fund recommendations is attached. STORMWATER MANAGEMENT FUND — $59,488 is available for carryover appropriation in the Stormwater Management Fund. The recommended request is for $48,388 for the Ranch Creek crossing project and other drainage project improvements. RECOMMENDATION: Staff will recommend City Council approval of carryover supplemental appropriations in the General Fund for $205,714 and the Stormwater Management Fund for $48,388. ATTACHMENT: Schedule of General Fund Budget Carryover Recommendations General Fund Budget Carryover Recommendations FY 2008 November 16, 2007 Amount Department 130 Human Resources 150 General Government 175 Informaiton Technology 181 Support Services 201 Police 221 Animal Control 280 Emergency Preparedness 300 Streets 370 Stormwater 515 Parks 550 Community Center 580 Museum Amount Description 500 Training videos 20,000 Veterans memorial & building maintenance 5,000 Network server 9,000 City hall drainage & restroom repairs 41,030 Wireless ticket system, computer & other equipment 8,800 Building , parking lot improvements & equipment 3,979 Training room improvements 29,875 Street signs, sidewalk improvements, striping & other 13,455 Fairways drainage improvements 70,000 Personal services 3,675 Painting 400 DSL Connection 205,714 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED ORDINANCE PROHIBITING TOBACCO USE IN CITY PARKS DATE: November 20, 2007 BACKGROUND: On July 17, 2007, the Owasso City Council passed Ordinance #897 entitled "Smoking and Tobacco," and Ordinance #898, "Smoking in Certain Public Places Prohibited." The City of Owasso followed the national and statewide trend in enacting these ordinances. Increasingly, municipalities have sought to bolster and strengthen State laws prohibiting smoking in certain places and restricting access to tobacco products by juveniles. Adoption of ordinances of this type increase the State law's enforceability and effectiveness, reduce the amount of time and money which must be expended by law enforcement to prevent these types of offenses, and are indicative of the City's strong support of the State statutes which seek to protect juveniles from using or possessing tobacco products. Ordinance #906, "Prohibiting Tobacco Use in City Parks," is presented for the City Council's consideration and is the next logical step in the City of Owasso's ongoing effort to protect the City's youth and children from exposure to cigarette smoke and the use of other tobacco products. This measure is intended to protect children and families from exposure to secondhand smoke in the City's parks, and from risks created by the public's use of other tobacco products in the City's parks. This ordinance would prevent tobacco use in all City owned parks, as well as the restrooms and parking lots at these facilities. The term "City owned park" is defined within paragraph (B) of the ordinance as any parcel of land which is owned by the City of Owasso and used for recreational activities. The definition specifies that recreational trails are subject to the provisions of the ordinance. However, because the physical characteristics of a golf course are inherently different from those of a park where children are playing and are in close proximity with adults, Bailey Ranch Golf Course is specifically excluded from the ordinance. DISCUSSION OF ORDINANCE: Chapter 9 Part 10, Section 10 -913 "Prohibiting Tobacco Use in City Parks" This ordinance, unlike its predecessors Ordinances #897 and #898 which prevented smoking in public buildings and banned the sale of tobacco products to minors, is not precisely mirrored in State statutes. However, effective November 1, 2007, the Oklahoma Legislature passed 21 O.S. §1 -1523 which prohibits the use of lighted tobacco products in any zoo within the state. This statute specifically includes all areas within a zoo, both indoor and outdoor. Several municipalities within Oklahoma have opted to follow the State's lead on this issue and are considering enacting ordinances which also prevent smoking or the use of tobacco in public areas where children are likely to be present. Although none of these municipalities have yet enacted an ordinance of this type to staff's knowledge, it is likely that a number of cities and towns will do so in the coming months. Currently, the City of Muskogee does have an ordinance which prohibits smoking at a City owned water park which is at least partially located outdoors. Staff is unaware of any other similar ordinances. Adoption of the proposed ordinance accomplishes several objectives. First, it protects children, families and other individuals from ingesting secondhand smoke in the City's parks, and further prevents youth at impressionable ages from exposure to the use of tobacco products. Several studies conducted within the last few years have identified a strong connection between exposure to tobacco use and the subsequent use of tobacco by adolescents and teens. While it is well known that exposure to adult tobacco use by youth is more likely to result in youth using tobacco products at a younger age, some studies suggest that almost ninety percent (90 %) of those persons who use tobacco products began doing so before age eighteen (18). In addition, among high school seniors who have ever used smokeless tobacco, almost three- fourths of them began doing so by the ninth (9th) grade. Almost one thousand (1,000) youth begin smoking each day and an additional four thousand of them try their first cigarette each day. (CDC 2004 National Youth Tobacco Survey). Confronted by these statistics, setting a healthy example should be of paramount concern to the community. The use of tobacco in our City's parks creates other health risks for children in addition to the dangers of ingesting secondhand smoke and being negatively influenced by adults around them who are using tobacco products. The American Association of Poison Control Centers annually receives thousands of reports of potentially toxic exposures to tobacco products by children who are six (6) years old or younger. These exposures are caused primarily by young children ingesting cigarette butts and other used tobacco products they find laying around their play spaces. Clearly, allowing adults to use tobacco products in the presence of the City's youth and children not only significantly increases the likelihood that the youth will begin using tobacco products but also poses serious health risks for them. In addition to allaying critical health and safety concerns, prohibiting tobacco use in City owned parks furthers other fundamental goals of the City as well, such as reducing the amount of tobacco related litter in the parks and diminishing the likelihood that accidental fires may be started. Children and youth, as well as adult members of the community, are enabled to fully enjoy recreation and the outdoors at the City's parks without the discomfort and annoyance created by secondhand smoke and the use of smokeless tobacco products by people around them. The previous tobacco ordinances adopted by the City Council established Owasso's firm intent to protect the City's children and youth from exposure and access to tobacco products, and adoption of Ordinance #906 will significantly support and further that objective. Enactment of this ordinance signifies that the City of Owasso is committed both to protecting the health of its citizens and setting a healthy example for the community's youth and children. 2 RECOMMENDATION: The staff recommends City Council approval of Ordinance # 906. ATTACHMENT: Ordinance #906 to be codified as Chapter 9, Part 10, Section 10 -913, entitled "Prohibiting Tobacco Use in City Parks." CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 906 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9, SMOKING AND TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING THE USE OF TOBACCO IN CITY PARKS; PENALTIES FOR VIOLATIONS. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF ORDINANCES BY CREATING SECTION 10 -913, TOBACCO USE IN CITY PARKS PROHIBITED. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, Smoking and Tobacco, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): SECTION 10 -913 TOBACCO USE IN CITY PARKS PROHIBITED A. The use of tobacco is a public nuisance, is dangerous to the health of both adults and children, and sets an unhealthy example for the City of Owasso's youth and children. Therefore, the use of tobacco in any form is hereby prohibited in all City owned parks. The use of tobacco in any form shall also be prohibited in and around all public restrooms located in City owned parks, and in and around all parking lots adjacent to City owned parks. B. For purposes of this section, a "City owned park" shall be defined as any parcel of open land which is owned by the City of Owasso and used for recreational activities, including all walking and bicycle trails, and fields used for sporting events. However, the provisions of this ordinance shall not be applicable to the Bailey Ranch Golf Course. C. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imposition of a fine of not less than TEN DOLLARS ($10.00) nor more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees, and assessments.. 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 creating an ordinance to be codified in Part 10, Chapter 9, as section 10 -913, "Tobacco Use in City Parks Prohibited." PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2007. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this Stephen Cataudella, Mayor day of , 2007. Juli Lombardi Ci Attorney 2