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
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(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.
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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
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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.
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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
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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
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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.
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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
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