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Home My WebLink About1999.07.06_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: July 6, 1999 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, July 2, 1999. Marcia outwell, City Clerk AGENDA 1. Call to Order Mayor Wilken 2. Invocation Councilor Denise Bode 3. Flag Salute 4. Roll Call 5. Reading of Mayor's Proclamation. Mayor Wilken Attachment #5 The Mayor will read and present a proclamation to representatives of the Margaret Hudson Program, proclaiming July 10, 1999 as Margaret Hudson Program Day in the City of Owasso. i~ ~. J Owasso City Council July 6, 1999 Page 2 6. Request By Citizen to Address the City Council. Sandie Lee Attachment #6 Ms Lee has provided the City Clerk with a written request to address the Council relating to the denial of a tort claim. 7. Request by Fraternal Order of Police Lodge # 149 to Address the City Council Relative to Grant Applications. Randy Brock/FOP Lodge # 149 Attachment #7 The City Clerk has received a written request from the FOP Lodge #149 for the City Council to take action relative to grant applications for police officer positions. 8. Consideration and Appropriate Action Relating to a Request for 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 consent by request. A motion to adopt the Consent Agenda is non-debatable. A. Approval of the Minutes ofJune 15, 1999 Regular Meeting and June 10, 1999 and July 1, 1999 Special Meetings. Attachment #8-A B. Approval of Claims. Attachment #8-B ii i~ ' Owasso City Council July 6, 1999 Page 3 ~ 9. Consideration and Appropriate Action Relating to a Request to Extend Beyond its Original ~ Term an Agreement Between the City of Owasso and FOP Lodge #149. Mr Hancock Attachment #9 The staff will recommend Council approval of an extension of the existing 1998-99 labor contract with the FOP until such time as a new contract can be agreed upon and ratified by the ' Lodge and City Council. w ^ 10. Consideration and Appropriate Action Relating to a Request to Declare Certain Property as Surplus to the Needs of the City and Authorize the Disposal of Such Property. Mr Henderson Attachment # 10 Staff will request that the Council declare as surplus properties located at 105 N Main, 104 N Birch, and 108 N Birch, with a value in excess of $500, and direct the City Clerk to advertise for sealed bids on the item. n ^^ ~ ^ II i~ 11. Consideration and Appropriate Action Relating to a Request for City Council Approval of a Final Plat for Nottingham Estates III, an Addition to the City of Owasso, Tulsa County, Oklahoma. Mr Warlick Attachment # 11 The staff will recommend Council approval of the final plat for Nottingham Estates III, a 23-lot subdivision located immediately east of Nottingham Estates II. i~ Owasso City Council July 6, 1999 Page 4 12. Consideration and Appropriate Action Relating to an Annual Agreement Between the City of Owasso and the Oklahoma Tax Commission Providing for the Tax Commission to Administer the City's Sales Tax Ordinance During FY 1999-2000, and Authorizing the Mayor to Execute Such Agreement. Ms Bishop Attachment # 12 ' The staff will recommend City Council approval of an FY 1999-2000 agreement providing for the collection and remittance of municipal sales tax by the Oklahoma Tax Commission and that the Mayor be authorized to execute the necessary documents relating to that agreement. 13. Consideration and Appropriate Action Relating to an Annual Agreement Between the City of Owasso and the Oklahoma Tax Commission Providing for the Tax Commission to Administer the City's Use Tax Ordinance During FY 1999-2000 and Authorizing the Mayor to Execute ~ Such Agreement. Ms Bishop ' See Attachment #12 The staff will recommend City Council approval of an FY 1999-2000 agreement providing for '~ the collection and remittance of municipal use tax by the Oklahoma Tax Commission and that the Mayor be authorized to execute the necessary documents relating to that agreement. ^ ' 14. Report from City Manager i~ ii u ii 11 II i~ Owasso City Council July 6, 1999 Page 5 15. Report from City Attorney 16. Report from City Councilors 17. New Business 18. Adjournment PROCLAMATION CITY OF OWASSO, OKLAHOMA ' WHEREAS, the Mazgazet Hudson Program is committed to the prevention of adolescent pregnancy and helping pregnant teens and their families be healthy, contributing members of the community; and, ' WHEREAS, the Mazgazet Hudson Program provides an opportunity for pregnant teens to complete their education; and WHEREAS, through health and social services, the Program promotes family centered care and family stability; and, WHEREAS, since the Program's inception in 1968, over 7000 gals and their infants have been ' served, with the goals to prevent school dropout, prevent second pregnancy, enhance maternal and infant health, provide pazenting education, and provide cazeer information and job training; and, WHEREAS, the Program was started in Owasso in 1992, with support of the Owasso community and funds raised through an annual "Race to Graduate"; and, WHEREAS, the 1999 "Race to Graduate" will be held on July 10~', NOW, THEREFORE, I, Mazk Wilken, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim Saturday, July 10, 1999 as MARGARET HUDSON PROGRAM DAY in our community, and encourage all citizens to participate in "Race to Graduate" and to support the Mazgazet Hudson Program. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be axed this 6~' day July, 1999. Mazk Wilken, Mayor i~ i~ MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: AGENDA ITEM #6 (SANDIE LEE) DATE: July 2, 1999 Relative to the request from Ms Lee to address the City Council, City Attorney Ron Cates has advised that, because of potential litigation, the Council should not comment on the matter. If you have any questions, please call Mr Cates. June 24, 1999 Ms. Boutwell; I am writing in reference to my tort claim of 4-25-99, (see attached claim acknowledgement). As my claim was denied by National American Insurance Co. I am requesting an apperance before the Owasso City Counsel at their next meeting. Also inclosed is a Notice Before Suit. If we can not settle this outside of court, I will be forced to take futher action. I can be reached at Coldwell Banker Office: 272-9531 or mobile: 808-5029. Thank yo , Sandie Lee .l SUN ~ g 1999 `~~. .~.~~ ~,_. Jul-02-99 03s04P J-P HOGAN INSURANCE P.O1 ~ACSIIV~IL~ 'I`RANS1~iISSION J-P HOGAl~1 INit~J~tANCE A~thof~dCu~ri~ P.O. Boi 9.57 Owasso, OIi; 74055 91&2'12-343:5 1F'ai glli-272-3455 To: Regena Gut~~ie Company: City of Ow+~t:so sax NumbQr: 272-4999 Garr. IAoe Nago~~ Data 7-2-99 Nunnbpr of pages sent Including Dover sheefi i Sublet: Mon hole cover claim RE: Sandi Lee MU99-0181 ____-- 1 got a call from Tina Christy at National American...... she said they wcx~ld take care of the claim but stressed that the plastic covers need to be replaced ASAP, since we knew that they are a cause and if we don't tend to it inunediately, we are very negligent. TO: (Applicable Governmental Body) NOTICE OF TORT CLAIM Please complete to present to the. city/town clerk as soon as possible. 1. Name of claimant. 4 ~~,-------Lei ---------j---------- first middle last 2 . Address : ~-~ - ~O'J( 10`1.5 Q-(,,t.~ij~l~ 7 ~{~ 0 S 3. Telephone: Day (~)~('~_~ Night (9fc~'1~70~- _7(o(/r~ 4. Date of accident: ~(,(,~(~, l~ a5"aG1 ----~~~~ 5. Location of accident: Fi. Witnesses to accident: 7. Describe in detail the circumstances of the accident: s oL _ _ _ ~ ~- v~- LS C / ~ e w, ,, .. ~.. _ ~ r ~G ~4-~,P_ , 8. Describe ocrr injuries or R~'operty damage in detail: (711, ~,~ p~~ l~n, ~ D , l.- i-, ~ .. - - - -i 9• What is the ount of your claim? ~' ~~ 1~ --~c (Please attach all supporting bills $ Do $ ~ cOU ~ ~v 10. If relief other than money is sou ht~ ~~~~~ -t~-e~~'h~~`/ _ ~~~~~ -f- g please describe: ~~~.~~ ~~ ' ~ ~ -~ ~~ " Ed. 5/92 NOTICE OF TORT CLAIM (continued) ---------------------------------------------- ------------------------------------------------- 11. This claim is made against: (,L~~~ 12. Name, address and telephone numbers of any agent authorized to settle claim: Date signed ~ Cla.zrnant or authorized Representative If signed by a person other than claimant, please explain why: N O T I C E CERTAIN TIME LIMITS APPLY TO PRESENTING A CLAIM AND FILING SUIT. OTHER RESTRICTIONS MAY APPLY. SEE THE APPLICABLE STATUTES. FILED THIS DAY OF 19 Ed. 5/92 Claim Acknowledgement Re: Claim Number: ~~~_gg~nig~ This will acknowledge receipt of your claim report. This matter has been assigned to: NAICO Staff Adjuster: pnT nnnc,~l € Phone Number: 1-800-332-2210 Ext. 286 The handling adjuster will be contacting you shortly. If you have not been contacted within 7 days, please call the NAICO staff adjuster listed above. With all correspondence forwarded to this company, please reference the above claim number. KEEP THIS CARD for your records. Insured: C:IZY (7F t~,WASS(~ Claimant: S/~I~ID I E LE.E Date of Loss: 4-25-99 National American Insurance Company P.O. Box 38 • Chandfer,191N~Fsbtfra•74'fi34~ ~.. •• NATIONAL Corpo--ate Office: AMERICAN Omaha, Nebraska INSURANCE COMPANY ~ June 18, 1999 Sandie Lee P. C. Box 125° Owasso, OK 74055 Re: Our Insured: Claim No.: DOA: Claimant: Dear Ms. Lee: City of Owasso MU-99-0181 4/25/99 Sandie Lee Claim Department: Chandler, Oklahoma As you know, National American Insurance Company has been investigating this accident on behalf of our insured, the City of Owasso. Our investigation does not reveal any negligence on the part of the city. Therefore, we will not be able to assist you with your damages. You should also be aware under the Governmental Tort Claim Act: Section 563. Exemptions from liability. The state or a political subdivision shall not be liable if a loss or claim results from: 5. Fer~rormar~ce U Ur the ~aZlt.ire tV Eli BI-1.:3.SC G1` F1c:rfC1'.Z1 uny' uCt or service-which is in -the discretion of the state or political subdivision or its employees; We wish to advise you that with our actions being taken on this claim, we are not waiving any of the statutory limitations, requirements or exemptions provided by the Governmental Tort Claims Act. Sincerely, Pat Massie Claims Adjuster PM: j b ' 1010 Manvel Avenue ^ P.O. Box 38 ^ Chandler, Oklahoma 74834 405-258-0804 ^ WATS I-800-332-2210 ^ Casualty FAX 405-258-1329 ^ Worker's Compensation FAX 405-258-3005 Notice BeFore Suit Sandra L. Lee In tLe alrtlar of the daim of City of Owasso TO TI1E ABOVE NAMI.D DI?IITOR: Please take notice that Sandra L. Lee has a valid claim against you for goods sold and d~~liver.ed, amounting to Four Hundred twenty one & 43/100's - $421.43 Dollars, on affidavit supporting said account- being herein below annexmcl. The debt is now overdue, and altLouyh demand for paymenL• has been repeatedly made, nothing has been received on account of same, except -0- Dotlars. That unless remittance is made to the undersigned at P.O. Box 1258 Owasso, Ok. , on or b~fure flea 20 d.i y u f July -999 suit may br filed immediately to enforce p~rymcrnL oC this' claim, together with interest and costs of said suit. Dated aL• Owasso, Ok. ,this 24 day of June 19 9 9 -- AFFidavit of Account SPATE OF Oklahoma CULMTy 0!F Tu 1 s a On this 24 day of June X19 99 before me, a Notary Public within and for said County of Tulsa personally appeared _Sandra L Lee whu, being by me duly , sworn on his oath, s~~ys that the above account is correct and true, to the best of his knowledge a ,bo~~lJ/ief. tG~ Subscribed and sworn to before me, this/,-~~~ day of G~~~ 19 / `~/ . ~~_ ~ Nol:ar hub is Y My commission expires: ~ // 2~~~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF HANCOCK CTY MANAGER SUBJECT: REQUEST BY FRATENAL ORDER OF POLICE LODGE #149 TO ADDRESS THE CITY COUNCIL RELATIVE TO GRANT APPLICATIONS DATE: July 2,1998 As discussed at the last Council meeting when the FOP appeared on a police grant, City Council will in the future be involved in the authorization of application for police grants. I have directed the Police Chief to review this request within the confines of the Police Department's existing budget that includes a budgeted figure for personnel costs. In addition, I have requested that she review this request in light of the Police Department's FY 1999-2000 work item that includes a complete review of existing staffing and programs. We plan to report on this item to you either in a written report before or at your next study session on July 13, 1999. '{ , - 4 ~,~ JUN 2 ~ 1~v - - ~ - • - r. > .. r t ., ~ ernaY Order of Police; Lodge #149;;:I_;would `` laced .on-.;the ,,upcoming City,Covncil Agenda. the agenda is for ~discuss~:on and to,Grant-Applications for-Police Officer e Department. _ .- l;Meeting, memliers"-bf the~Lodge would like ce,to.apprbpriation of matching funds for , ' an everi brighter futu re - OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 1 ~, 1999 The Owasso City Council met in regular session on Tuesday, June 15,1999 in the Council Chambers '' at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City ~~ Hall bulletin board at 4:00 p.m. on Friday, June 11, 1999. ~~ ITEM 1: CALL TO ORDER ~I Mayor Wilken called the meeting to order at 6:50 p.m. ~• '" ITEM 2: FLAG SALUTE ~~ ~ The flag salute was given during the OPWA meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT ABSENT Mark Wilken, Mayor Mary Lou Barnhouse, Vice Mayor Denise Bode, Councilor Melinda Voss, Councilor H C "Will" Williams, Councilor STAFF Jeff Hancock, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA A. Approval of the Minutes of June 1, 1999 Regular Meeting and June 8, 1999 Special Meeting. B. Approval of Claims. ~. C. Action Relating to a Contract Extension for Maintenance to the City's Storm Sirens. D. Action Relating to Acceptance of Improvements to the Water and Sanitary Sewer Systems Constructed to Serve Castle Point, an Addition to the City of ~ Owasso, Tulsa County, Oklahoma. The consent agenda included minutes of the June 1, 1999 regular meeting and June 8, 1999 Special Meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $53,453.29; (2) Workers' Comp Self-Ins Plan $1,048.75; (3) Ambulance ~' Service Fund $2,506.86; (4) E-911 Fund $1,909.81; (5) City Garage $5,946.51; (6) Capital Improvements $26,918.92; (7) Bond Projects Fund $171,098.01; (8) Interfund Transfers $40,699.45; ii i~ Owasso City Council June 15, 1999 (9) Interfund Transfers $3,837.31; (10) Payroll $164,756.38; (11) City Garage Payroll $3,735.28. Item C requested extending for one year the City's contract with Goddard Enterprises for preventative maintenance to the City' storm sirens. Item D requested acceptance of the water and sanitary sewer systems constructed to serve Castle Point. Dr Bode moved, seconded by Ms Voss, to approve the consent agenda. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION #99-03, A RESOLUTION ADOPTING A FY 1999-2000 BUDGET FOR ALL FUNDS ADMINISTERED BY THE CITY. Mr Hancock presented Resolution #99-03, which adopts the FY99-00 budget for all funds administered by the City of Owasso. Ms Voss moved, seconded by Dr Bode, to approve Resolution #99-03. AYE: Voss, Bode, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE COLLISION SELF-INSURANCE FUND, THE CITY GARAGE FUND AND THE GENERAL FUND. Ms Bishop said that provisions of the Municipal Budget Act of 1979 require that expenditures do not exceed appropriations within a fund. All transfers of appropriations between departments and supplemental appropriations require City Council approval. The staff is requesting supplemental appropriations to three City funds before the close of the fiscal year. In the General Fund, sales tax collections exceed the budgeted amount. In the Collision Self-Insurance Fund, pending repairs due to a recent collision involving a city vehicle will cause the expenditures to exceed appropriations. Pending repairs in the City Garage Fund are expected to cause parts and services to exceed the budget. Ms Voss moved, seconded by Ms Barnhouse, to approve a supplemental appropriation to the Collision Self-Insurance Fund budget in the amount of $3000, for the purpose of funding repairs to city vehicles insured by the fund; to the City Garage fund budget in the amount of $15,000, for 2 i~ Owasso City Council June 15, 1999 the purchase of parts for resale; and the General Fund, increasing revenues by $211,211 and expenditures by the same amount for a transfer to the OPWA Sales Tax Fund. AYE: Voss, Barnhouse, Bode, Williams, Wilken NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #99-04 A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE SALE AND DELIVERY OF TWO PROMISSORYNOTES OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD• RATIFYING A CERTAIN LEASE AS AMENDED• ESTABLISHING THE CITY'S REASONABLE EXPECTATIONS WITH RESPECT TO THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS ON BEHALF OF SAID CITY IN CALENDAR YEAR 1999: AUTHORIZING DOCUMENTS PERTAINING TO A YEAR-TO- YEAR PLEDGE OF CERTAIN SALES TAX REVENUE• AND CONTAINING OTHER PROVISIONS RELATED THERETO Mr Brooks said that Resolution #99-04 approves the earlier action taken by the OPWA Trustees authorizing the issuance of promissory notes, ratifying the previous lease and revenue pledges between the City and the OPWA, and authorizing the execution of documents. This resolution relates to a loan from the Oklahoma Water Resources Board to finance improvements to the wastewater treatment plant. Dr Bode moved, seconded by Ms Barnhouse, to approve Resolution #99-04. AYE: Bode, Barnhouse, Williams, Voss, Wilken NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR OWASSO MARKET, AN ADDITION TO THE CITY OF OWASSO TULSA COUNTY OKLAHOMA. Mr Warlick said that the City has received a request for the review of a final plat for Owasso Market, located on the north side of E 96`h St N and U.S. Highway 169. The Owasso Technical Advisory Committee reviewed the final plat and made some changes that are reflected on the current plat. The Planning Commission approved the plat at their June 8, 1999 meeting. Water and sewer permits Owasso City Council June 15, 1999 have not yet been received, and staff is recommending approval of the plat with the condition that no building permits be issued until those permits have been received. Dr Bode moved, seconded by ~, Ms Voss, to approve the final plat for Owasso Market, with the condition that no building permits shall be issued on the subject property until the Oklahoma Department of Environmental Quality approves the water and sewer systems and issues the permits. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR BRENTWOOD VILLAGE, AN ADDITION TO THE CITY OF OWASSO TULSA COUNTY OKLAHOMA.. Mr Warlick presented the item. Kourtis Properties has requested review of a final plat for Brentwood Village, a 64-lot subdivision, located north of Brentwood Estates, east of Barrington II ~ Estates, and West of The Willows at Silver Creek. The subject property is zoned RS-2. The Technical Advisory Committee and Planning Commission have both reviewed the request and recommended approval. Water and sewer permits have been received from DEQ. Ms Voss moved, seconded by Dr Bode, to approve the final plat for Brentwood Village. AYE: Voss, Bode, Williams, Barnhouse, Willken NAY: None ^ Motion carried 5-0. ' ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OWASSO ~ CHAMBER OF COMMERCE PROVIDING FOR AN ANNUAL LEASE OF A BUILDING LOCATED AT 315 SOUTH CEDAR AND REQUIRING COMPENSATION TO THE CITY IN THE AMOUNT OF $34 850 04 ^ Prior to beginning the discussion, Dr Bode recused herself from taking part in this action. Mr Hancock said that in September 1998, the City purchased a building now occupied by the Owasso ' Chamber of Commerce from the Tulsa City-County Health Department at a purchase price of $79,900. During the time the Chamber has occupied the building, the City has leased the property ~ from the health department at $1.00 per year and has, in turn, leased to the Chamber for the same amount. Negotiations with the Chamber have resulted in afive-year lease, with compensation to the City of $400 per month from January 1, 1999 through December 31, 1999, $529.17 per month from 4 1 Owasso City Council June 15, 1999 January 1, 2000 through December 31, 2000, and $658.33 per month from January 1, 2001 through December 31, 2003. Either party could cancel the agreement after Januaryl, 2001 upon giving the non-terminating party not less than asix-month notice. The terms of the agreement have been approved by the Chamber of Commerce. Ms Barnhouse moved, seconded by Ms Voss, to approve a lease agreement with the Owasso Chamber of Commerce for the period January 1, 1999 through "~ December 31, 2003, with lease payments as outlined in the agreement, and authorization for the Mayor to execute the document. AYE: Barnhouse, Voss, Williams, Wilken NAY: None Motion carried 4-0. P' ~. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PURCHASE OF COMPUTER NETWORKING HARDWARE ~~ ~, Mr Knight presented the item. He said that with the recent approval of a financial and administrative services software system contract, it is now necessary to provide a platform of system servers, printers, and networking software. Under City Code 7-107, the City may puprchase equipment at ~, a price not exceeding that set by the State Purchasing Agency. The Computer Management Team solicited quotes for these products, and received quotes from seven vendors. DELL Computer Corporation provided the best quote for equipment, at a price below the state contract. A vendor will still need to be selected for the wiring/cabling. Dr Bode moved, seconded by Mr Williams, to approve the purchase of computer servers, ethernet hubs, and printers from DELL Computer Corporation in the amount of $41,000, and authorization for the Mayor to execute the purchase contract. AYE: Bode, Williams, Voss, Barnhouse, Wilken NAY: None Motion carried 5-0. _ ~„ ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE ORDER #3, A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF OWASSO AND HORIZON CONSTRUCTION CO OF OWASSO OK FOR STREET REHABILITATION PROJECTS Mr Henderson said that Change Order #3 to the street rehabilitation contract will provide a sidewalk on the east side of N 129`h East Ave from the Owasso High School parking lot to the front entrance ~ of Camden Park. It will also include a wooden bridge south of the Camden Park entrance for pedestrians to cross the concrete flume draining the storm water detention pond. Change Order #3 ' S ' Owasso City Council i~ ii June 15, 1999 includes funding for a gas line relocation on Atlanta Ave, as a result of storm drainage improvements. Ms Voss moved, seconded by Mr Williams, to approve Change Order #3 to a contract with Horizon Construction Co for street rehabilitation projects, increasing the contract by an amount not to exceed $27,726.18 for a sidewalk and bridge on the east side of N 129`" East Ave, and relocating a gas service line on Atlanta Ave, and authorization for the Mayor to execute the document. AYE: Voss, Williams, Bode, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF MEMBERS TO VARIOUS BOARDS, TRUSTS, COMMISSIONS AND COMMITTEES Mayor Wilken presented the following names for appointment to various Boards, Trusts, Commissions, and Committees, and moved that they be confirmed: PLANNING COMMISSION Mr Bill Ellison (reappointment) 13121E 79`" Ct N Term Ending 6/30/02 ' BOARD OF ADJUSTMENT Ms Vicki Tapp (reappointment) 1212510E 77`" St N Term Ending 6/30/02 Mr Dewey Brown (reappointment) ' 10804E 99`" St N Term Ending 6/30/02 ' Ms Susan Kimball (new appointment -unexpired term) 13908E 87`" Pl N ' Term Ending 6/30/01 PERSONNEL BOARD ' Mr Jack Green (reappointment) 303E 16`" St Term Ending 6/30/02 6 1 ~,. Owasso City Council ~. OWASSO ECONOMIC DEVELOPMENT AUTHORITY Mr Tom Kimball (reappointment) 13908E 87`h Pl N Term Ending 6/30/04 M M k i r ar W lken (Council Representative) 9221 N 133rd E Ave Term Ending 6/30/00 Mr Gary Akin (Chamber Representative) 315 S Cedar Term Ending 6/30/00 GOLF ADVISORY COMMITTEE Mr Tom Rikkola (new appointment) 804 N Elm ~ Term Ending 6/30/02 Ms Pat Woods (reappointment) PO Box 3 Term Ending 6/30/02 CAPITAL IMPROVEMENTS COMMITTEE -All terms ending 6/30/00 Ms Melinda Voss -City Council Ms Mary Lou Barnhouse -City Council Mr Cloyd O'Dell -Citizen Mr Ray Haynes -Planning Commission Mr Jim Ablett - Citizen/PSO Mr Tom Kimball - OEDA Representative Mr Frank Enzbrenner -Banking Representative Mr Dale Prevett -Banking Representative Mr Scott Buckmaster -Chamber Representative Mr John Groth -Citizen Ms Sherry Bishop -City Finance Director Mr Bob Allen -Fire Chief Ms Maria Alexander -Police Chief Mr Robert Carr -Public Works Mr Tim Rooney -Assistant City Manager Mr Jeff Hancock -City Manager ANNEXATION COMMITTEE -All terms ending 6/30/99 Mr Ray Haynes -Planning Commission June 15, 1999 7 Owasso City Council Mr Charles Willey -Planning Commission Mr Dale Johnson -Public Schools Ms Melinda Voss -City Council Mr H C "Will" Williams -City Council Mr Bob Allen -Fire Department Ms Maria Alexander -Police Department Mr Robert Carr -Public Works Mr Jeff Hancock -City Manager Mr Tim Rooney -Assistant City Manager Mr Theron Warlick -City Planner Mr Ron Cates -City Attorney INCOG BOARD OF DIRECTORS Mr Mark Wilken, Mayor Term Ending 4/30/00 Mr Jeff Hancock, City Manager Alternate INCOG LEGISLATIVE CONSORTIUM Mr Allan Harder, Human Resources Officer Term Ending 6/30/00 REGIONAL METROPOLITAN UTILITY AUTHORITY Ms Sherry Bishop City Treasurer Term Ending 6/30/00 Mr Robert Carr Public Works Director Term Ending 6/30/00 ~ INCOG ENVIRONMENTAL POLICY COMMITTEE Mr Robert Carr PE Public Works Director Term Ending 6/30/00 METROPOLITAN ENVIRONMENTAL TRUST Mr Robert Carr PE Public Works Director Term Ending 6/30/00 June 15, 1999 8 i~ Owasso City Council TRANSPORTATION POLICY COMMITTEE Mr Mark Wilken, Mayor Term Ending 6/30/00 Mr Karl Fritschen, Alternate Comprehensive Planner TRANSPORTATION TECHNICAL COMMITTEE Mr Robert Carr PE Public Works Director Term Ending 6/30/00 Mr Phil Lutz, Alternate Engineering Staff REGIONAL ENHANCED 911 BOARD Ms Maria Alexander Police Chief Term Ending 6/30/02 Dr Bode seconded the motion. AYE: Wilken, Bode, Williams, Voss, Barnhouse NAY: None Motion carried 5-0. ITEM 14: REPORT FROM CITY MANAGER No report. ITEM 15: REPORT FROM CITY ATTORNEY No report. ITEM 16: REPORT FROM CITY COUNCILORS None. 9 June 15, 1999 i~ Owasso City Council ITEM 20: NEW BUSINESS None. ITEM 21: ADJOURNMENT Dr Bode moved, seconded by Ms Barnhouse, to adjourn. AYE: Bode, Barnhouse, Voss, Williams, Wilken NAY: None Motion carried 5-0, and the meeting was adjourned at 7:14 p.m. June 15, 1999 Mark Wilken, Mayor Marcia Boutwell, City Clerk 10 OWASSO CITY COUNCIL/OWASSO PUBLIC WORKS AUTHORITY/ OWASSO PUBLIC GOLF AUTHORITY MINUTES OF SPECIAL MEETING Thursday, June 10, 1999 ~ The Owasso City Council, The Owasso Public Works Authority, and The Owasso Public Golf Authority met in a joint special session on Thursday, June 10, 1999 at the Owasso Community ' Center per the Notice of Public Meeting and Public Hearing and Agenda posted on the City Hall bulletin board at 3:00 p.m. on Monday, June 7, 1999. ITEM 1: CALL TO ORDER & ROLL CALL ~ Mayor Wilken called the meeting to order at 6:32 p.m. PRESENT ABSENT Mark Wilken, Mayor/Chairperson Mary Lou Barnhouse, Councilor/Trustee ~ Melinda Voss, Councilor/Trustee H C "Will" Williams, Councilor/Trustee ~ Denise Bode, Councilor,Trustee (in at 6:50) STAFF Jeff Hancock, City Manager Ronald D Cates, City Attorney/Authority Attorney Marcia Boutwell, City Clerk/Authority Secretary Y~ A quorum was declared present. PUBLIC HEARING ITEM 2: PRESENTATION AND OPEN DISCUSSION INCLUDING PUBLIC COMMENT OF THE FISCAL 1999-2000 BUDGET Mr Hancock presented the proposed FY99-2000 budget. He explained that some of the programs contained in the budget are already in place, and also outlined goals for the coming fiscal year. Mr Hancock said that some changes in the budget were recommended by Councilors at a work session on June 8`h. Those changes are the elimination of funding for Volunteer Network Owasso, and an increase in the budgeted amount for the streets maintenance program. Following the presentation by Mr Hancock, questions and comments were received from the public, with response from the Council and staff. Nancy Johnson of Volunteer Network Owasso explained that the funding is need so that it can be reported to the United Way as actual cash, even though most of the funds would be returned to the City as rent, with a small portion retained for expenses. Mayor Wilken said that the Councilors believe that this expenditure would be improper without giving the same consideration to other social service agencies within the city. Ms Johnson asked Councilors to consider forming a task force to study the social service needs in Owasso. Another citizen asked about the City's Owasso City Council June 10, 1999 street program. Mr Hancock explained where some of the street projects have been completed and where others will be done. Mr Randolph asked about utilizing a Community Development Block Grant for street repair. Mayor Wilken left the meeting at 6:50 p.m., returning at 7:05 p.m. Councilor Bode out at 7:05. The proposed budget will be considered for action by the City Council, OPWA, & OPGA at the June 15, 1999 regular meeting. ITEM 3: ADJOURNMENT Ms Voss moved, seconded by Mr Williams, to close the public hearing and adjourn the meeting. AYE: Voss, Williams, Wilken NAY: None Motion carried 3-0 and the meeting was adjourned at 7:10 p.m. Mark Wilken, Mayor/Chairperson Marcia Boutwell, City Clerk/Authority Secretary 2 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Thursday, July 1, 1999 ^ The Owasso City Council met in special session on Thursday, July 1, 1999 in the Lower Level Conference Room at City Hall per the Notice of Public Meeting and Agenda posted on the City Hall ' bulletin board at 10:00 a.m. on Monday, June 28, 1999. ITEM 1: CALL TO ORDER w Mayor Wilken called the meeting to order at 5:50 p.m. PRESENT Mark Wilken, Mayor Mary Lou Barnhouse, Vice Mayor Denise Bode, Councilor (in at 5:54) Melinda Voss, Councilor H C "Will" Williams, Councilor ABSENT i~ i~ i~ STAFF Jeff Hancock, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 2: REQUEST APPROVAL OF CLAIM Mr Williams moved, seconded by Ms Barnhouse, to approve a claim in the amount of $12,375 to Fix & Foster Construction Co. AYE: Williams, Barnhouse, Voss, Wilken NAY: None Motion carried 4-0. ~ ITEM 3 : CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST „~ FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATED TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O S 25 SECTION 307~B1(11. Mr Wilken moved, seconded by Ms Voss, to enter into executive session for the purpose stated. AYE: Wilken, Voss, Williams, Barnhouse NAY: None Owasso City Council July 1, 1999 Motion carried 4-0, and the Council entered into executive session at 5:51 p.m. Out of executive session at 8:55 p.m. ITEM 4: ADJOURNMENT Dr Bode moved, seconded by Ms Voss, to adjourn. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0, and the meeting was adjourned at 8:55 p.m. Mark Wilken, Mayor Marcia Boutwell, City Clerk 2 ~ 7/06/99 8:03:23 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT -- ------------------------- ------------------------- ------------- ~ 993075 TREASURER PETTY CASH 993075 TREASURER PETTY CASH 993075 TREASURER PETTY CASH ' DEPARTMENT TOTAL =___> I M MANAGERIAL ------------------------------ i~ 990011 SPRINT PCS 990286 OFFICE DEPOT CARD PLAN 992657 DOERNER, SAUNDERS, 992823 GO SYSTEMS 992964 DOZIER PRINTING 992995 REASORS 992995 REASORS 992995 REASORS 992997 BAILEY RANCH GOLF CLUB 993075 TREASURER PETTY CASH 993075 TREASURER PETTY CASH 993105 DOZIER PRINTING 993107 SOUTHWESTERN BELL TELE 993108 MCI TELECOMMUNICATIONS 993131 ICMA DEPARTMENT TOTAL =___> COMMUNITY DEVELOPMENT ------------------------------ REFUND REFUND REFUND-BOA FEES PHONE USE-HANCOCK OFFICE FURNITURE TRAINING-GUTHRIE/HARDER FUEL 05/99 BUDGET PRINTING BENEFITS DAY SUPPLIES FILM PROCESSING FILM PROCESSING COUNCIL/BOARD MEETING CITY MGR EXPENSE COUNCIL MEETING PRINTED FORMS 5/99 PLEXAR 5/99 USE MEMBERSHIP-ROONEY ^ 990014 AT&T WIRELESS SERVICES PHONE USE-ROONEY 990017 BURR KANNADY ELECTRICAL INSPECTIONS 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES ' 991954 UNIFIRST CORPORATION UNIFORM RENTAL/CLEANING 992823 GO SYSTEMS FUEL 05/99 ~ 992971 BUSINESS PRODUCTS & SYSTE STATIC IP ADDRESS 992995 REASORS FILM PROCESSING 993060 RETHERFORD PUBLICATIONS LEGAL AD 993075 TREASURER PETTY CASH LICENSE-ORR 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR ~ 993108 MCI TELECOMMUNICATIONS 5/99 USE ' DEPARTMENT TOTAL =___> ~ MUNICIPAL COURT ------------------------------ 50.00 50.00 50.00 150.00 117.39 599.99 130.00 28.89 552.68 31.80 7.92 2.88 278.85 58.63 41.51 62.75 74.74 19.99 384.00 2,392.02 93.26 554.17 24.93 43.48 100.67 120.00 2.64 46.75 25.00 42.74 6.14 1,059.78 3 CITY OF OWASSO GENERAL FUND 7/06/99 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: 4 PO # VENDOR DESCRIPTION AMOUNT 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 3.99 992850 DOZIER PRINTING WARNING BOOKS 614.65 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 58.16 993108 MCI TELECOMMUNICATIONS 5/99 USE 12_30 DEPARTMENT TOTAL =___> -------- 689.10 - ENGINEERING ---------- 990286 -------------------- OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 20.48 992823 GO SYSTEMS FUEL 05/99 35.43 992970 992970 WATER ENVIRONMENT FEDERAT WATER ENVIRONMENT FEDERAT MEMBERSHIP-LUTZ MEMBERSHIP-ROBERTS 85.00 85.00 992970 WATER ENVIRONMENT FEDERAT MEMBERSHIP-HENDERSON 85.00 993011 MAILBOXES, ETC BLUEPRINT COPIES 87.56 993012 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 14.05 993075 TREASURER PETTY CASH PARKING FEES 32.00 ~ DEPARTMENT TOTAL =___> 444.52 GENERAL GOVERNMENT ---------- -------------------- 990117 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 381.94 990120 RETHERFORD PUBLICATIONS LEGAL NOTICES 252.00 990281 SAM'S CLUB MAINT SUPPLIES 20.96 990281 SAM'S CLUB MAINT SUPPLIES 35.88 990286 OFFICE DEPOT CARD PLAN SHREDDER 159.99 990333 TULSA WORLD EMPLOYMENT ADS 149.73 990333 TULSA WORLD EMPLOYMENT ADS 154.56 990334 RETHERFORD PUBLICATIONS EMPLOYMENT ADS 20.60 990963 SCOTT MEDICAL CLINIC DRUG SCREENINGS 1,105.00 991583 TULSA COUNTY CLERK FILING FEES 172.00 992634 OK MUNICIPAL LEAGUE MUNICIPAL CODE UPDATES 459.00 ~ 992850 DOZIER PRINTING SURVEY FORMS 34.81 993005 OK MUNICIPAL LEAGUE MEMBERSHIP-WILKEN 300.00 993042 OFFICE MAX INC FAX MACHINE 199.99 993056 ADMIRAL SECURITY LOCK CHANGE 120.75 993075 TREASURER PETTY CASH NOTARY COMMISSION 20.00 ~ 993075 TREASURER PETTY CASH BANK CHECK FEES 65.73 993101 AMERICAN CHAMBER COMMERCE LAW BOOKS 151.00 993103 LOUIS D. RIDLE ARBITRATION FEE 500.00 993104 NATIONAL AMERICAN INSURANCE PREMIUMS 120.50 993106 QUINLAN PUBLISHING W/C LAW BULLETIN 74.99 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 210.95 993108 MCI TELECOMMUNICATIONS 5/99 USE 81.50 CITY OF OWASSO ' GENERAL FUND 7/06/99 8:03:23 A/P CLAIMS REPORT PO # VENDOR DESCRIPTION ---------- ------------------------- ------------------- ' 993109 SOUTHWESTERN BELL TELE 5/99 NON-PLEXAR 993110 OKLAHOMA NATURAL GAS 5/99 USE ^ DEPARTMENT TOTAL =___> * SUPPORT SERVICES I ------------------------------ W n i~ 990258 CN HASKELL & ASSOC COMPUTER SERVICES 990284 DISTRICT II PROBATION DOC WORKERS/PAY 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 990416 AT&T WIRELESS SERVICES PHONE USE-McELRATH 991984 UNIFIRST CORPORATION UNIFORM RENTAL 992823 GO SYSTEMS FUEL 05/99 992969 WAL-MART MAINT/REPAIR SUPPLIES 992969 WAL-MART MAINT/REPAIR SUPPLIES 992971 BUSINESS PRODUCTS & SYSTE INTERNET SERVICES 993040 STEVE'S WHOLESALE REPAIR/MAINT SUPPLIES 993043 HOUSE OF VACUUMS CLEANING SUPPLIES 993044 W W GRAINGER INC REPAIR/MAINT SUPPLIES 993046 EVE INC CLEANING SUPPLIES 993075 TREASURER PETTY CASH REIMB PETTY CASH 993075 TREASURER PETTY CASH DOC LUNCHES 993075 TREASURER PETTY CASH MAINT SUPPLIES DEPARTMENT TOTAL =___> CEMETERY 992823 GO SYSTEMS FUEL 05/99 DEPARTMENT TOTAL =___> ' POLICE SERVICES ------------------------------ ,~ 990041 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 990281 SAM'S CLUB MAINT SUPPLIES 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 991078 SPRINT PCS PHONE USE-KLAHR 991782 PHILLIPS POLICE EQUIP UNIFORMS ~ 991891 TUXALL UNIFORM & EQUIP OFFICER EQUIPMENT 992316 CLARION AIRPORT WEST LODGING-4 OFFICERS 992348 POLICE PETTY CASH POSTAGE ' 992348 POLICE PETTY CASH REIMB-CELL PHONE USE APAPVR PAGE: AMOUNT --- ------------- 49.87 39.31 4,881.06 112.50 177.63 1.58 12.77 30.54 154.19 16.55 57.89 152.49 24.95 9.99 29.94 59.64 5.39 54.03 31.27 931.35 15.51 15.51 214.01 122.97 496.90 27.99 103.80 121.75 354.00 6.95 3.80 5 CITY OF OWASSO GENERAL FUND 7/06/99 ' PO # i~ DEPARTMENT TOTAL =___> POLICE COMMUNICATIONS ,~ 990037 992685 993059 993063 993077 DEPT OF PUBLIC SAFETY PATROL TECHNOLOGY BEYOND TECH AMERICAN RED CROSS SOUTHERN RUBBER STAMP DEPARTMENT TOTAL =___> ANIMAL CONTROL --------------------------- 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: VENDOR DESCRIPTION AMOUNT 992348 POLICE PETTY CASH REIMB TRAINING 992677 BEST WESTERN LODGING-HARPER 992681 MID-AMERICAN SPECIALTIES MAGNETS 992685 PATROL TECHNOLOGY UNIFORM SUPPLIES 992685 PATROL TECHNOLOGY OFFICER SUPPLIES 992823 GO SYSTEMS FUEL 05/99 992878 PMG INC ROAD SPIKE 992923 CLASSIC DESIGNS UNIFORM HATS 992924 BOLAY MOBILECOM INC RADIO REPAIR 992925 OWASSO CYCLING BIKE MAINTENANCE 992926 LYNN PEAVEY CO FINGERPRINT SUPPLIES 992927 JASON WILLINGHAM REPLACE BOOTS 992951 GALL'S INC. RADIO RACK 992955 SOMES UNIFORMS UNIFORM SUPPLIES 992989 ROARK TRUE VALUE HARDWARE MARKING PAINT 993000 RADIO SHACK COMPUTER SUPPLIES 993002 BOLAY MOBILECOM INC RADIO REPAIR 993003 ONYX CORPORATION TONER CARTRIDGES 993043 HOUSE OF VACUUMS CLEANING SUPPLIES 993064 DOZIER PRINTING PRINTED FORMS 993075 TREASURER PETTY CASH PER DIEM-STAFF 993078 @UINLAN PUBLISHING SUBSCRIPTION 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 993108 MCI TELECOMMUNICATIONS 5/99 USE 993109 SOUTHWESTERN BELL TELE 5/99 NON-PLEXAR 993110 OKLAHOMA NATURAL GAS 5/99 USE 992319 SCOTT MEDICAL CLINIC 992545 JWI COMMERCIAL SALES 992823 GO SYSTEMS 993004 STRATHE VETERINARY OLETS RENTAL DISPATCH SUPPLIES PRINTER RIBBONS CPR CLASSES NOTARY SEAL RABIES VACCINATION DOOR REPLACEMENT FUEL 05/99 VET SUPPLIES 43.06 108.00 135.23 264.13 43.40 1,697.64 1,275.26 37.50 48.00 23.50 57.40 52.95 45.98 273.50 20.96 23.97 349.00 101.94 15.00 40.25 357.00 88.00 295.83 49.88 49.87 35.96 6,985.38 350.00 12.00 88.56 59.00 29.90 539.46 660.00 2,555.00 49.74 36.00 6 i~ ii 7/06/99 8:03:23 A/P CLAIMS REPORT I ~ ---PO # --------VENDOR ------ - ------------- - i~ i~ 993075 TREASURER PETTY CASH 993075 TREASURER PETTY CASH 993107 SOUTHWESTERN BELL TELE 993108 MCI TELECOMMUNICATIONS DEPARTMENT TOTAL =___> ~~ FIRE SERVICES ------------------------------ i~ 990275 BMI SYSTEMS OF TULSA 991480 REASORS 992156 LAMPTON WELDING SUPPLY 992158 WAL-MART 992159 CROW BURLINGAME 992160 KIMBALL ACE HARDWARE 992767 PHILLIPS POLICE EQUIP 992823 GO SYSTEMS 992929 BAILEY EQUIPMENT 992952 TSR SPORTSWEAR 992953 JANIE PARK 992954 TUXALL UNIFORM & EQUIP 992976 SOUTHERN SHEET METAL 992999 NATIONAL FIRE PROTECTION 993034 PHILLIPS POLICE EQUIP 993062 ACTION PLUMBING 993070 LENOX WRECKER SERVICE 993107 SOUTHWESTERN BELL TELE 993108 MCI TELECOMMUNICATIONS 993110 OKLAHOMA NATURAL GAS DEPARTMENT TOTAL =___> ^ EMERGENCY PREPAREDNESS ------------------------------ ' 992875 GODDARD ENTERPRISES 993107 SOUTHWESTERN BELL TELE ~ 993109 SOUTHWESTERN BELL TELE DEPARTMENT TOTAL =___> STREETS ------------------------------ ' 990281 SAM'S CLUB CITY OF OWASSO GENERAL FUND APAPVR PAGE: 7 DESCRIPTION AMOUNT --------------------- ------------- REIMB PETTY CASH 11.00 REFUNDS 40.00 5/99 PLEXAR 22.04 5/99 USE 4.73 3,378.51 COPIER MAINT 181.78 FILM DEVELOPING 84.75 EQUIPMENT RENTAL 32.76 MAINTENANCE SUPPLIES 219.85 REPAIR PARTS 348.69 MAINTENANCE SUPPLIES 155.35 BOOTS 48.95 FUEL 05/99 407.09 BATTERY 39.50 UNIFORM SUPPLIES 60.00 BUNKER GEAR REPAIRS 50.00 UNIFORM SUPPLIES 281.70 ALUMINUM 200.00 SUBSCRIPTION 450.00 PROVISION TOOL 91.90 REPAIR WATER LEAK 190.00 TOWING FEES 80.00 5/99 PLEXAR 186.89 5/99 USE 43.89 5/99 USE 97.57 3,250.67 SIREN REPAIR 1,486.00 5/99 PLEXAR 21.37 5/99 NON-PLEXAR 95.75 1,603.12 MAINT SUPPLIES 47.87 7/06/99 PO # i~ ii i~ i~ CITY OF OWASSO GENERAL FUND 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: 8 VENDOR DESCRIPTION AMOUNT 990463 RAINBOW CONCRETE CO CONCRETE 693.00 990464 MILL CREEK LUMBER & SUPPL REPAIR/MAINT SUPPLIES 16.25 990464 MILL CREEK LUMBER & SUPPL REPAIR/MAINT SUPPLIES 24.80 990662 SIGNALTEK INC TRAFFIC CONTROL MAINT 332.50 990788 APAC-OKLAHOMA, INC. ASPHALT 326.48 990793 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 76.85 990793 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 16.02 992011 UNIFIRST CORPORATION UNIFORM RENTAL/CLEANING 35.70 992011 UNIFIRST CORPORATION UNIFORM RENTAL/CLEANING 35.70 992386 MILL CREEK LUMBER & SUPPL REBAR ~ 190.50 992590 BRUSHHOG SERVICES HWY 169 EASEMENTS 4/6/99 1,650.00 992590 BRUSHHOG SERVICES 3 LAKES EASEMENTS 4/6/99 400.00 992590 BRUSHHOG SERVICES LAKERIDGE EASEMENT 4/6/99 300.00 992591 J B STIGALL EASEMENTS 4/6/99 65.00 992593 IVAN MORRIS CENTER MEDIAN-4/6/99 29.00 992593 IVAN MORRIS EXPRESSWAY EASEMENTS 4/6/ 55.00 992593 IVAN MORRIS CENTER MEDIAN-4/6/99 29.00 992594 BRYAN SCHAFFNER MEDIANS/FRONTAGE 4/6/99 135.00 992594 BRYAN SCHAFFNER MEDIANS/FRONTAGE 4/6/99 115.00 992799 ENLOW FORD TRACTOR INC BRUSH HOG 585.00 992823 GO SYSTEMS FUEL 05/99 527.14 992901 TULSA COUNTY BOCC STREET SIGNS 24.00 992905 BROWN FARMS SOD SOD 120.00 992909 EQUIPMENT ONE RENTAL & SA EQUIPMENT RENTAL 36.30 992992 MIDWESTERN EQUIP CO REPAIR CHIPPER 259.01 993009 BUSINESS & LEGAL REPORTS OSHA TRAINING 271.20 993012 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 72.46 993018 EQUIPMENT ONE RENTAL & SA EQUIPMENT RENTAL 81.40 993019 RAINBOW CONCRETE CO CONCRETE 61.50 993020 APAC-OKLAHOMA, INC. GRAVEL FOR DRAINAGE 90.18 993021 A.I.M. EQUIPMENT DOZER RENTAL 384.00 993023 A-1 FENCE INC SIGN POLES 640.00 993024 OWASSO MOWER CENTER WEED TRIMMERS 677.95 993026 MAXWELL SUPPLY OF TULSA MAINT/REPAIR SUPPLIES 27.00 993052 A.I.M. EQUIPMENT DOZER RENTAL 290.00 993081 VANCE BROS INC ASPHALTING MATERIALS 50.45 993082 BRYAN SCHAFFNER MOWING 20.00 993087 TULSA COUNTY BOCC STREET SIGNS 125.50 993095 MAXWELL SUPPLY OF TULSA DRAINAGE FABRIC 91.02 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 21.37 993110 OKLAHOMA NATURAL GAS 5/99 USE 33.57 993124 APAC-OKLAHOMA, INC. ASPHALT 239.69 993125 TULSA FORD NEW HOLLAND, I REPAIR PARTS 48.70 DEPARTMENT TOTAL =___> ------ 9,351.11 ^ COMMUNITY CENTER ^ CITY OF OWASSO GENERAL FUND ' 7 06 99 / / 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --- ------------------------ - ----------------------- -- ------------- 990416 AT&T WIRELESS SERVICES PHONE USE-SR VAN 11.57 i 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 122.19 993108 MCI TELECOMMUNICATIONS 5/99 USE 11.55 ~ 993110 OKLAHOMA NATURAL GAS 5/99 USE 56.03 DEPARTMENT TOTAL =___> 201.34 wi W. PARK MAINTENANCE II i~ i~ i~ ii ~~ 990015 AT&T WIRELESS SERVICES PHONE USE-WARREN 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 991954 UNIFIRST CORPORATION UNIFORM RENTAL/CLEANING 992356 BRYAN SCHAFFNER MOW-ATOR HEIGHTS PARK 992356 BRYAN SCHAFFNER MOW-ATOR HEIGHTS PARK 992356 BRYAN SCHAFFNER MOW-ATOR HEIGHTS PARK 992357 IVAN MORRIS MOW-ELM CREEK PARK 992357 IVAN MORRIS MOW-ELM CREEK Pi-~RK 992360 ROBERT HUGHETT CLEAN ELM CREEK RESTROOMS 992823 GO SYSTEMS FUEL 05/99 992956 HUGHES LUMBER CO REPAIR SUPPLIES 992957 TUCKER JANITORIAL PAPER SUPPLIES 992958 GARY DON CULLUM REPAIR BACKHOE 992959 CL BOYD REPAIR PARTS 992987 KIMBALL ACE HARDWARE CLEANING/MAINT SUPPLIES 992988 W W GRAINGER INC SAFETY SIGN 993033 EQUIPMENT ONE RENTAL & SA SAFETY SHOES 993033 EQUIPMENT ONE RENTAL & SA PUMP 993057 OWASSO GLASS GAS LIGHT GLASS 993058 HUGHES LUMBER CO REPAIR SUPPLIES 993075 TREASURER PETTY CASH REIMB PETTY CASH 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 993108 MCI TELECOMMUNICATIONS 5/99 USE 993110 OKLAHOMA NATURAL GAS 5/99 USE DEPARTMENT TOTAL =___> ECONOMIC DEVELOPMENT ~ 993075 TREASURER PETTY CASH 993107 SOUTHWESTERN BELL TELE ~ 993108 MCI TELECOMMUNICATIONS DEPARTMENT TOTAL =___> FUND TOTAL =___> REIMB PETTY CASH 5/99 PLEXAR 5/99 USE 34.97 7.99 55.80 70.00 70.00 70.00 195.00 390.00 200.00 161.90 20.77 208.40 150.00 501.61 87.08 26.18 136.00 144.62 18.00 23.73 13.93 51.02 10.47 91.87 2,739.34 2.00 79.53 35.02 116.55 38,728.82 9 i~ CITY OF OWASSO WORKERS' COMP SELF-INS PLAN 7/06/99 8:03:23 A/P CLAIMS REPORT --_PO-# ---------VENDOR---------- ------DESCRIPTION GENERAL GOVERNMENT ------------------------------ i~ i~ i~ 992461 MEDCENTER INC P02029 992733 COX CHIROPRACTIC D03089 992740 MAY'S DRUG F02289 992740 MAY'S DRUG F02289 992855 CHARLES DYE C03179 992857 OWASSO DRUG S01139 992859 WARREN CLINIC F02289 992934 UNITED SAFETY & CLAIMS IN B07038 992937 FELDMAN, FRANDEN, WOODARD D01147 992940 TOM A MARBERRY MD 501139 993075 TREASURER PETTY CASH REFUND PAYMENT 993098 INTER ID INC B04039 993100 RADIOLOGY CONSULTANTS OF F02289 993102 UNITED SAFETY & CLAIMS IN ADMIN FEE DEPARTMENT TOTAL =___> APAPVR PAGE: ---AMOUNT---- 69.17 470.00 87.58 87.58 1,255.52 85.98 35_00 25.00 300.00 159.38 -4.00 145.20 73.25 1,443.00 4,232.66 1 FUND TOTAL =___> 4,232.66 ^ ^ CITY OF OWASSO AMBULANCE SERVICE FUND °~ 7/06/99 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT AMBULANCE 992157 PACE PRODUCTS OF TULSA IN AMBULANCE SUPPLIES 992523 TULSA COMMUNITY COLLEGE TRAINING-KELLEY 992748 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 992894 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 992998 ACCURATE FIRE EQUIPMENT AMBULANCE SUPPLIES 993065 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 993075 TREASURER PETTY-CASH OSDH COURSE/BOOK 993075 TREASURER PETTY CASH TRAINING-HURST 993075 TREASURER PETTY CASH REFERENCE BOOK DEPARTMENT TOTAL =___> FUND TOTAL =___> 98.00 206.00 977.03 1,037.46 103.35 27.60 121.52 89.00 23.20 2,683.16 2,683.16 2 CITY OF OWASSO CITY GARAGE '~ 7/06/99 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- CITY GARAGE ------------------------------ i~ i~ i~ 1 990280 YOUNG'S TIRE SERVICE TIRE REPAIRS 70.00 990281 SAM'S CLUB MAINT SUPPLIES 8.78 990282 CONTINENTAL BATTERY CO BATTERTES 198.80 990283 CROW BURLINGAME REPAIR SUPPLIES 40.76 990283 CROW BURLINGAME REPAIR PARTS 1,908.79 990283 CROW BURLINGAME REPAIR PARTS 15.00 990287 B & M TIRE CENTER INC VEHICLE/TIRE REPAIRS 651.60 991984 UNIFIRST CORPORATION UNIFORM RENTAL 91.65 992823 GO SYSTEMS FUEL 05/99 11.57 992837 KEYSTONE MIDWEST REPAIR PARTS 125.45 992916 DARR EQUIPMENT VEHICLE REPAIR 2,875.38 992965 MYERS TIRE SUPPLY TIRE WEIGHTS 86.24 992966 FRICTION PROD BRAKE REPAIR PARTS 44.95 992967 FOSTER'S PAINT & BODY SHO VEHICLE REPAIRS 184.85 992968 T&W TIRE CO TIRES 1,583.43 992969 WAL-MART MAINT/REPAIR SUPPLIES 109.37 993038 TULSA AUTO COLLECTION VEHICLE REPAIR 250.91 993039 TULSA FARM EQUIPMENT CO VEHICLE REPAIR 952.25 993040 STEVE'S WHOLESALE REPAIR/MAINT SUPPLIES 10.22 993041 OVERHEAD DOOR COMPANY GARAGE DOOR REPAIR 136.00 993042 OFFICE MAX INC OFFICE SUPPLIES 29.99 993044 W W GRAINGER INC REPAIR/MAINT SUPPLIES 9.37 993047 CLASSIC CHEVROLET VEHICLE REPAIR 479.42 993048 ALLIED TOWING TRUCK TOWING 247.50 993049 PRECISION FLUID POWER REPAIR PARTS 359.75 993066 BERNROD'S TRUCK & TRAILER TRUCK REPAIR 985.15 993067 RADIATOR SHOPPE INC RADIATOR REPAIR 115.00 993068 OK TRUCK SUPPLY REPAIR PARTS 79.19 993069 OWASSO GLASS GLASS REPAIR 18.00 993070 LENOX WRECKER SERVICE TOWING FEES 93.26 993071 FRONTIER INTERNATIONAL TR TRUCK REPAIR 592.24 993072 ENLOW FORD TRACTOR INC REPAIR PARTS 564.41 993073 DRIVE TRAIN SPECIALISTS REPAIR PARTS 145.52 993075 TREASURER PETTY CASH REIMB PETTY CASH 16.21 993075 TREASURER PETTY CASH REIMB PETTY CASH 18.98 993075 TREASURER PETTY CASH REPAIR PARTS 28.48 993107 SOUTHWESTERN BELL TELE 5/99 PLEXAR 65.45 993108 MCI TELECOMMUNICATIONS 5/99 USE 14.32 993110 OKLAHOMA NATURAL GAS 5/99 USE 36.69 993133 WILLIAMS REFUSE EQUIPMENT REPAIR PARTS 104.10 DEPARTMENT TOTAL =___> 13,359.03 18 FUND TOTAL =___> 13,359.03 ^ ^ CITY OF OWASSO CAPITAL IMPROVEMENTS °i 7/06/99 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ----------- ------------------------- ------------- GENERAL GOVERNMENT ------------------------------ ii. 993031 DELL COMPUTER CORP COMPUTER HARDWARE 6/15/99 9,168.57 ------ ~' DEPARTMENT TOTAL =___> 9,168.57 9' ~ DRAINAGE ------------------------------ ~ 992990 WATKINS SAND CO INC ~ 992990 WATKINS SAND CO INC ~' DEPARTMENT TOTAL =___> FUND TOTAL =___> SANDY LOAM TOP SOIL 80.00 180.00 260.00 9,428.57 19 CITY OF OWASSO BOND PROJ ECTS FUND 7/06/99 8:03:23 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ENGINEERING ------------------------------ ,~. 990131 CH2M HILL INC ENG SERVICES 5/26/98 12,771.00 992595 ~. COWEN CONSTRUCTION INC PROGRAM MGMT 3/16/99 6,630.00 ~~ DEPARTMENT TOTAL =___> 19,401.00 FACILITY IMPROVEMENTS ~ 992861 SHELTON METRO ROOFING INC COMM CTR ROOF 2/16/99 15,669.00 DEPARTMENT TOTAL =___> ------ 15,669.00 20 ------ FUND TOTAL =___> 35,070.00 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 06/19/99 Information Systems 0 00 2,768.85 Supp~rl Seances ;; < 135`OQ _. 4,379'.30 , Police 994.70 67,983.77 Animal Control 0.00 Fire; ;::.;::.;... !; 7218D 4 Street 273.86 1 Park Maintenace 0 00 3,926.75 Econornrc T~~velopmerit 0 ~ltl `> ! 1,971':85 General Fund Total $2,207.58 $185,025.30 Garage Fund Cram Garage Fund Total ' $43.50 $43.50 ;$3;741;29 $3,741..29 APPROVED: 07/06/99 Mayor Council Member 1 1 Council Member MEMORANDUM ' TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J. JEFF HANCOCK SUBJECT: REQUEST FOR COUNCIL ACTION TO EXTEND CONTRACT BETWEEN THE CITY OF OWASSO AND FOP LODGE #149 r ' DATE: July 2, 1999 BACKGROUND: i~ 1 Negotiations between the City and the FOP have been on-going since March of this year. It is evident that a new agreement and ratified contract will not be in place prior to the end of the term of the current contract. In 1992, the Oklahoma Supreme Court ruled that contracts between cities and employee bargaining units were not allowed to contain "evergreen" clauses (Del City v IAFF). A petition for rehearing was denied in 1993, allowing the 1992 decision to stand. "Evergreen" clauses were originally designed to allow a labor contract to remain in effect after its term had expired when a new agreement had not been negotiated and agreed upon by the parties to the agreement. Because of the 1992 ruling, municipal contracts with employee bargaining units legally expire on the date set forth in the contract. There are advantages and disadvantages to contracts expiring. A potential abuse could occur by a city council exploiting the ruling and arbitrarily ceasing to abide by the terms of the expired agreement. Assuming that this is not the desire of this Council and the understanding that such an action is not conducive to harmonious labor/management relations, the expiring FOP contract is offered for extension pending the negotiation and ratification of a replacement agreement. CURRENT CONTRACT NEGOTIATIONS STATUS: As noted above, negotiations between the City and FOP Lodge #149 have been on-going since March of this year. Discussions reached an impasse and mediation was conducted on June 7, 1999. Mediation succeeded in tentative agreements on some of the contract articles that had not previously been agreed upon, but other articles remain without a tentative agreement. At the Lodge's request, a negotiation session was held on June 29, 1999, although no agreement was reached, tentative plans were made to meet again. If future negotiation sessions are held, and the parties reach an agreement, the Lodge would meet to ratify the agreement and based on their ratification the agreement would be presented to the Council for ratification and execution. Should no agreement be reached, another mediation date could be set, or the next step in the negotiation process is arbitration. Regardless of mediation or arbitration, both parties usually agree to continue to meet and attempt to reach further agreements. RECOMMENDATION: Staff recommends the Agreement Between the Ciry of Owasso, Oklahoma, a Municipal Corporation and Fraternal Order of Police Lodge No. 149, for the period beginning July 1, 1998, and ending June 30, 1999, be extended until such time as a replacement agreement is negotiated and ratified by the parties to the agreement. 1 ~~ f~ MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCII. CITY OF OWASSO FROM: d. JEFF HANCOCK CITY MANAGER H. DWAYNE HENDERSON, P.E. l 1 CAPITAL PROJECTS MANAGER l~ SUBJECT: DECLARATION OF SURPLUS PROPERTY AND REQUEST TO ADVERTISE FOR BIDS DATE: June 21, 1999 BACKGROUND: i~ ~ Part 7, Chapter 1, Section 7-108 of the Owasso code of Ordinances provides that surplus material ~ owned by the City of Owasso may be disposed of by the City Manager through the use of sealed bids or public auction. Prior to the disposal of equipment, however, the City Council must formally declare all equipment valued at more than $500 to be surplus to the needs of the city. Three (3) structures on the site of the new City Hall are no longer in use and staff feels that it is in the best interest of the city to declare the item surplus and advertise it for sale. ' Therefore, pursuant to the provisions of the Owasso Municipal Code, it is requested that the following structures be determined to be surplus to the needs of the city: • 105 N. Main • 104 N. Birch • 108 N. Birch ~ RECOMMENDATION: ' The staffrecommends that the Council declare these structures "surplus to the needs of the cit}~' and that the method of disposal be by sealed bid advertised and received by the City Clerk. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: FINAL PLAT -NOTTINGHAM ESTATES III DATE: June 24, 1999 BACKGROUND The developer, Tyann Development, has submitted a final plat for Nottingham Estates III, a 17.15 acre, 23 lot subdivision in the NE/4 of Section 21, T-21-N, R-14-E, generally located to the east of ~ Nottingham Estates II, on the east side of N 138' E Avenue. i~ The Planning Commission approved the preliminary plats for Nottingham Estates II-V in May of 1996. The preliminary plat for the subject properties includes a coordinated drainage system based on an engineering study to serve sections II-V. A considerable portion of this drainage system will be completed in this phase of development. The Owasso Technical Advisory Committee reviewed the final plat on February 24, 1999 regular meeting. The applicant's engineer has made changes to the plat to reflect the recommendations of the Technical Advisory Committee. Those changes are included on the plat within this packet. The Planning Commission approved the plat and recommended approval to City Council at their March 9, 1999 regular meeting. The plat conforms to the platting requirements of the Owasso Subdivision Regulations, Owasso Zoning Code and to the preliminary plat for Nottingham Estates III. Also included for your review are water and sewer approval letters from the Oklahoma Department of Environmental Quality. RECOMMENDATION The final plat conforms to the previously approved preliminary plat, Owasso Subdivision Regulations, and the Owasso Zoning Code. Staff recommends approval of the plat. ATTACHMENTS 1. Location Map, 2. DEQ pemuts. ENCLOSURE ' 1. Final Plat for Nottingham Estates III Addition. C:\Owasso\Council\03-16-99\MEMORANDUM -Nottingham III FP.doc E 96th Street ~~ AG .~. ~ ~ ,. :T __ , _r i ~~- ~s~ i RS -2 , f v J ~l ~1 I .....:., ............r.'' . ~ . AG r` ~.? ~ - r•.= ,~- d 91~ PL, N. ~'~ .:: ~` .... Sub'ect ~ ...... _........_- m Pro a " :~: Q P rtY w `~ ... <'~~ ~ {> r- ~- N Z _' ~': ti #'c 1\\ e: i f. }` N ~ ~~~ 1~. h1 v~Tµ <n ~ a: Q~~~~ Y': \ ,\ Y 1 (1 \ :'fi DQ sin TERa W j W ~~ _ cT ~ - \ = e~M a . i i ,__~ b; _+ ~i / ^~, w. a_.r ~ - -- q - ~: ,~ - ~ ~: E. ~* N. ~~ i-..... '..~".""n"''` ''' E 86th Street MARK COLEMAN Executive Director =_ ° = ;. O K L A H O M A DEPARTMENT OF ENVIRONMENTAL OUAtITY ""~ OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY ' Ma 3 1999 Y , F. Robert Carr Jr. P.E. Director of Public Works ~ City of Owasso 207 South Cedar Owasso, OK 74055 ' Re: Permit No. WL000072990311 Nottingham Estates Three Waterline Project PWSID No. 3007218 ' Dear Mr. Carr: i~ i~ ~~ ~~,~~~ i` . ~ '- / ,' ~____ _ FRANK KEATING~ Governor Enclosed is Permit No. WL000072990311 for the construction of 1,035 linear feet of six (6) inch and 530 linear feet of eight (8) inch waterline and appurtenances to serve the Nottingham Estates Three Waterline Project, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this department on May 3, 1999. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, sending one (1) set to your engineer and retaining one (1) set for our files. Very truly yours, Bronson Bolvin Construction Permit Unit Water Quality Division BBB/HJT/aw Enclosure c: Dennis Hodo, P.E., Consulting Engineer Mary Randolph, PWS District representative, DEQ Bill Warden, R.S., Regional Director, DEQ Nathan Kuhnert, Planning 8t Management Division, OWRB 107 NORTH ROBINSON, P.O. BOX 1617, OKLAHOMA CITY, OKLAHOMA 73101-1617 printed on recycled paper with say ink 6-24-1999 3:20PP~1 FROM DLH ENGINEERING INC 918 272 9039 06i24~99 r i 14:45 DE=G~ WA7ER ~I.iAC.1 TY A I V I S I ON ~ it9~34f~9899191$~72 J0 ~NN1 LQlE~1N ~ aireaar 0 K 1 ? N Q µ CE7~e;rEur pr tkvUC"~~f..ra ~u•~r+ QK~IffQMA p~PA~TM~N~ ~~ ENYI~I~I~ME~ITA1 Q[~A~I'tY June 21, 1999 ' l=. filobert Carr, Jr., p.E., Director of Public Works City of Owasso 207 South Cedar ~d Owasso, OK 74055 Re: Permit No. SL0000729g0310 Nottingham Estates Throe Sewer Line Project S-1310 Dear Mr. Carr: P. 4 N0.044 I~2 i~i{ Enclosed is Psrn~it No. SL00007299031 Q for the t~nstrustian of 3,35 Urta~ar feet of eight (8) irt~h i sewer Sine and appurtertisnGes tQ serve the fdCttinghem Estates Three Sewer line Project, City of Owasso, Tulsa County, Oklahoma. ~ The project authorized this by permit ehac-Ici be c~structed in accordance with the plans approved ay this department on .tune x1, ~ ggg, qny deviations from the approved plans and speaflcation5 ai'f~Ctir~g capac~r, flow or operation of units must b$ approved, in writing. by the bepartment before rhartges are made. ' Receipt o! this permit should be noted in the minutes of the next r,aguiar meeting of the City of 4wassv, aft+~r which it should be made a matter of permanent recant, ' 1Ne tXtB retaining one (1) set of the a~iaproved plans to you, sending a+~e (1) sat to your engineer and retaining ono (1) set for our files. ' very truly yours, erorrSQn Etalvin Conatruttiwt permit Unit ~ Welter c~,~ltity Division 69B/HJTtaw Enclosure c: Dennis R.. Hodv, P.E.. Cvnaulting Engin®er ~ Wayne Craney, P.E., WPC Unit Suporvisor, ~EQ @iil Warden, R.S., Regiortai binettOr, OEQ la7 NORfN II>~11t50td, r0. QOX 1677, OiliANtiild6 GiY, OtiUkiKlhlA 19101•!617 avow a+ grab a.a. •+~ .w :~ MEMORANDUM i~ i~ '~ TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: AGREEMENT WITH THE OKLAHOMA TAX CONIlVHSSION DATE: July 2, 1999 BACKGROUND: The City of Owasso levies a 3 % sales tax and a 3 % use tax on the eligible sales as allowed by statute. Collection of the sales and use tax is performed by the Oklahoma Tax Commission (OTC) under an agreement between the OTC and the City. The agreement with the OTC requires annual renewal by the City Council. Without this agreement, the OTC would not collect Owasso's portion of the sales tax. In return for collection and administration of the tax, the OTC retains one percent of the total amount collected. The 1 % fee retained by the OTC for collection of the sales and use taxes during the past year was approximately $57,600. The attached agreements with the OTC include several changes allowing the City greater authority and increased access to information. For the last several months, an advisory committee has been assisting the Oklahoma Municipal League (OML) in working with OTC officials to improve language in the sales tax collection contract. A memorandum from Bill Moyer, Executive Director of the OML, listing the major changes is attached for your information. City Attorney, Ron Cates, has reviewed the documents and indicated that they are appropriate for Council consideration. RECOMI~~NDATION: Staff recommends Council approval of the "Agreement for Administration of the Sales Tax Ordinance" and "Agreement for Administration of the Use Tax Ordinance" with the Oklahoma Tax Commission. ' ATTACHMENTS: Agreement for Administration of the Sales Tax Ordinance ' Agreement for Administration of the Use Tax Ordinance Memorandum from Bill Moyer dated May 5, 1999 / AGREEMENT FOR ADMINISTRATION OF THE SALES TAX ORDINANCE OF THE CITY/TOWN OF ~Li~2~ ~ ' THIS AGREEMENT is entered into this _ day of , 19_, pursuant to the provisions of Sections 2701 e2 seq. of Title 68 of the Oklahoma Statutes, between the Oklahoma Tax Commission, hereinafter referred to as "Commission," and the City/Town of Qtwlo~.~ O Oklahoma, hereinafter referred to as "Municipality," for the administra 'on of Ordinance No. ,hereinafter referred to as "Ordinance," levying ' a municipal sales tax of _~~~ percent ( ~ %) upon sales within the Municipality. 1. This Agreement is based upon the Ordinance, a certified copy of which is attached hereto and made ~I apart hereof. The Municipality may, at any time and from time to time, amend or repeal the Ordinance and, to the extent that the Municipality amends or repeals the Ordinance, the Municipality shall promptly provide the Commission with a certified copy of the ordinance effecting such amendment or such repeal. ' An increase or a decrease in the municipal sales tax rate shall become effective only on the first day of a calendar quarter. The Municipality shall notify the Commission of an increase or a decrease at least fifteen (15) days prior to the close of the prior calendar quarter and shall provide the Commission with a certified copy of the ordinance ~ effecting such increase or such decrease and a certified copy of the election results, if any, with respect thereto. 2. The Commission shall administer and shall enforce the Ordinance and shall collect the municipal sales tax, and the interest and penalties with respect thereto, as provided in the Ordinance and as herein provided. It is recognized and acknowledged that: (a) the Ordinance levies a municipal sales tax upon all sales within the Municipality which aze subject to the state sales tax levied by Sections 1350 eI seq. of Title 68 of the Oklahoma Statutes, hereinafter referred to as "Oklahoma Sales Tax Code;" (b) the term "sale" as used in the Ordinance has the same meaning as the term "sale" has in the Oklahoma Sales Tax Code; and (c) any sale exempt from state sales tax is exempt from the municipal sales tax, unless otherwise provided by the Oklahoma Sales Tax Code. To facilitate such administration, such collection and such enforcement, as well as the administration, the collection and the enforcement of local taxes, the Commission shall designate a Local Tax Coordinator of the Commission who shall be generally responsible for matters related to the collection of local taxes and, with respect to such matters, shall directly advise the Administrator of the Commission. The duties which may be performed by the Local Tax Coordinator and/or other employees of the Commission under his or her supervision, shall include, without limitation, (a) acting as liaison between the Commission and municipalities and counties with respect to the administration, the collection and the enforcement of local taxes, (b) addressing concerns of the Commission and/or taxpayers with respect to the administration, the collection and the enforcement of municipal taxes by municipalities and county taxes by counties, (c) consulting with municipalities and counties on concems and trends with respect to local taxes, (d) coordinating collection and enforcement actions by the Commission, municipalities and counties with respect to local taxes, (e) coordinating the provision by the Commission to municipalities and counties of information and (f) providing educational and other support to municipalities and counties in their collection and enforcement efforts. In making decisions with respect to the administration of local taxes, the Commission will consider the view, if any, expressed by the Municipality; provided, however, the Commission may accept or reject any such views expressed by the Municipality. Notwithstanding anything else contained herein, the Local Tax Coordinator shall not perform any duties which are the sole responsibility of the Municipality. ' 3. The bracket system shall be adopted by the Commission for use by vendors in collecting both state sales tax and local sales tax, as authorized in Section 1362 of the Oklahoma Sales Tax Code. 4. The discount allowed to vendors in Section 1367 of the Oklahoma Sales Tax Code shall be applicable to both state and local sales tax remittances. ii i~ 5. The Commission shall retain, as its sole compensation for its services rendered hereunder, an amount equal to the applicable percentage of the amount of the municipal sales taxes, and the interest and penalties with respect thereto, collected by the Commission hereunder. The applicable percentage is set forth in ExhibiLA. 6. Except as otherwise provided herein, the Commission shall give no preference in applying an amount received for state, municipal and county sales taxes owed by a taxpayer to the extent that such amount is less than the aggregate state, municipal and county sales tax liability of the taxpayer. Any such amount shall be applied pro rata to the satisfaction of the claims of the Commission, the claims of the Municipality and the claims of other municipalities and counties based on the portions of the aggregate state, municipal and county sales tax liability of the taxpayer represented by their respective claims. 7. The municipal sales tax received and collected by the Commission pursuant hereto shall be deposited in the State Treasury as required by law. The Commission shall use its best efforts to cause to be paid to the Municipality no later than the tenth day of each calendar month all municipal sales tax, and the interest and the penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, less any amount withheld by the Commission under Paragraph 5 and less any amounts deducted by the Commission in connection with refunds hereunder. 8. The Commission shall require reports of municipal sales tax from vendors, shall maintain records of reports by, and receipts and collections from, vendors, and shall maintain the records in such a manner that the total amount due the Municipality each month can be detemuned by the Commission and can be verified by the Municipality. The requirement for the Commission to maintain its records in a verifiable form is not intended to require the Commission to maintain its records in any particular fomr; the Commission may use any form which is capable of being understood by a person reviewing such records with the assistance of the Commission (which assistance shall be provided through the Local Tax Coordinator). The Commission shall transmit to the Municipality a monthly statement of the municipal sales tax, and interest and penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, the amounts, if any, refunded by the Commission to taxpayers during the immediately preceding calendar month and the amount withheld by the Commission under Paragraph 5. 9. The Municipality acknowledges that the Commission is responsible for making refunds to taxpayers of municipal sales taxes previously collected by the Commission on behalf of the Municipality. The Commission's determination of any taxpayer's liability for sales and use taxes shall be binding as between the Municipality and the taxpayer. Any refund of municipal sales tax previously paid by the Commission to the Municipality shall be paid from subsequent collections of the municipal sales tax. Such refund shall be deducted from the collections payable by the Commission to the Municipality in the immediately following calendar month (unless the taxpayer entitled to such refund otherwise agrees). The Commission shall use its best efforts to give written notice to the affected municipality or municipalities at least five (5) days prior to the mailing of a refund check in an amount of $5,000 or more of state, county and municipal sales taxes. In addition, the Commission shall generate internal reports with respect to adjustments and amended returns and shall use its best efforts to provide at least five (5) days' prior notice of payments based thereon; r provided, however, if the Commission can not give at least five (5) days' prior notice, it shall give such prior notice as it can. ' 10. Any municipal sales tax, and/or any interest and penalties with respect thereto, paid under protest by a taxpayer to the Commission during the immediately preceding calendar month shall be paid by the Commission to the Municipality as part of the payment being made by the Commission to the Municipality. If the protested municipal ' sales tax, interest or penalties are required to be refunded, such amount and any interest required to be paid thereon will be paid out of subsequent collections by the Commission. Such refund shall be deducted from the collections payable by the Commission to the Municipality in the immediately following calendar month (unless the taxpayer entitled to ~ such refund otherwise agrees). -2- i~ In the event the Commission conducts a hearing on a claim for refund or a taxpayer files~a protest to an audit proposed assessment which involves $10,000 or more of local taxes and an affected municipality shall have requested such notice in writing, the Commission shall at least thirty (30) days prior to conducting such hearing provide notice of such claim for refund or such protest, as the case may be, to the municipality affected. 11. It is contemplated that the some or all of the municipalities located in the State of Oklahoma will establish, pursuant to the Interlocal Cooperation Act, an entity to maintain a reserve with respect to refunds that the Commission maybe required to make in connection with municipal sales and use taxes. Such entity shall be governed by defuritive documentation which is mutually satisfactory to the participating municipalities and which complies with applicable law. Provided the Commission 15 days prior to close of the month, receives from time to time, written notice from the entity that one or more municipalities, including the Municipality, has elected to participate in such entity and that such municipalities, including the Municipality, have funding obligations with respect to such entity, the Commission shall pay to the entity the percentage, if any, designated by such entity of the Municipality's sales tax received and collected during the immediately preceding calendar month; the Commission and the Municipality expressly acknowledge that the funding obligations may cease and recommence in accordance with the defmitive documentation among the participating municipalities. The Commission shall use its best efforts to make such payments simultaneously with the payments to the Municipality contemplated by Paragraph 7; provided, however, that the Commission shall never be required to make payments with respect to less than all of the participating municipalities and the percentage payable shall be the same for all municipalities participating. 12. Simultaneously with the execution and the delivery of this Agreement, the Commission shall, upon written request of the Municipality, provide to the Municipality a full and complete list of the names and the addresses of the persons and the entities which or who report doing business within the boundary of the Municipality during the preceding calendar yeaz. The Commission shall, upon written request of the Municipality, report to the Municipality on a monthly basis all of the following information: (a) additions to, and deletions from, the full and complete list of the names and the addresses of persons and entities which or who report doing business during the preceding calendaz year within the boundary of the Municipality; (b) a full and complete list of the persons and the entities specified in Paragraph 12(a) which or who are more than sixty (60) days delinquent in remitting municipal sales taxes pursuant to the Ordinance; and (c) a full and complete list of all persons and all entities paying municipal sales tax under the Ordinance, and/or interest and penalties with respect thereto, and the amount of such remittances. The Commission shall, upon written request of the Municipality, report to the Municipality on a quarterly basis all of the following information: ' (a) the number of audits completed by the Commission with respect to municipal sales taxes, and/or interest and penalties with respect thereto, under the Ordinance during the preceding calendar year; and (b) the amount of additional municipal sales taxes, and/or interest and penalties with respect thereto, under the Ordinance collected by the Commission during the preceding calendaz yeaz. ' -3- The Commission shall monitor the administration, the collection and the enforcement of municipal sales taxes, and/or interest and penalties with respect thereto, under the Ordinance. The Commission shall provide the Municipality such information as may be requested by the Municipality with respect to any protest or any refund of municipal sales taxes levied by the Municipality. The Municipality shall also be entitled to consult with the Commission's legal staff about protests and refunds and, to the extent that a protest or a refund involves one or more hearings, the Municipality shall, through legal counsel employed by the Municipality, be entitled to be present and observe such hearing(s); provided, however, the administrative law judge or the Commission may limit the number of counsel, if any, who may be present to the extent necessary to permit the hearing to be conducted in an orderly fashion and without undue trepidation on the part of the taxpayer. To the extent that such documents and/or such information relates to municipal sales taxes, and/or interest and penalties with respect thereto, and is requested, at any time and from time to time by the Municipality, the Commission shall promptly provide to the Municipality (a) copies of applications for sales tax permits, (b) copies of sales tax reports, (c) copies of installment or other payment plans, if any, with taxpayers and (d) other documents and other information. ~ The Commission shall promptly notify the Municipality of any conduct which the Commission believes might be the basis for a criminal prosection by the Municipality under the Ordinance and shall provide to the Municipality all ~ of the documents and the information in the possession of the Commission with respect thereto, including, without limitation, the names of employees of the Commission who might be witnesses with respect thereto. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes, which makes the records and the files of the Commission confidential (subject to specified exceptions) and which prohibits disclosure of such ~ records and such files (subject to specified exceptions), includes the Commission's records and files with respect to the receipt and the collection of municipal sales tax. Nothing contained herein is intended to require the Commission to ~ disclose to the Municipality any information whose disclosure to the Municipality is prohibited by Section 205. The Commission acknowledges that (a)Section 205(c)(7) of Title 68 of the Oklahoma Statutes permits the Commission to famish information disclosed by the records and the files of the Commission to an official body or any official person who is concerned with the administration or the assessment of certain taxes, such as the Municipality, (b) Section 205(c)(23) of Title 68 permits the disclosure of information directly involved in the resolution of issues arising out of the enforcement of a municipal sales tax ordinance, such as the Ordinance, pursuant to a municipal tax collection agreement, such as this Agreement, and (c) Section 22-107 of Title 11 of the Oklahoma Statutes and Section 205.1 of Title 68 of the Oklahoma Statutes permits the Commission to release specified information to municipalities. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes may prevent the ~ disclosure by the Municipality and persons associated with the Municipality of information which is provided by the Commission to the Municipality and that improper disclosure by the Municipality or any such person of such information may result in civil and criminal liability. The Municipality shall comply with the restrictions imposed by ' Section 205. 13. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal sales tax funds in its possession then due and payable under this Agreement. The ' Municipality shall thereafter be liable for and shall pay any refunds of municipal sales tax required by law to be made, including refunds of municipal sales tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being ,* held by it. The Municipality agrees to pay any interest required by law to be paid on such refunds. 14. The Commission shall have the authority to assess and to collect, on behalf of the Municipality, the municipal sales tax levied by the Ordinance, and the interest and the penalties with respect thereto, including, without limitation, any municipal sales tax, interest and/or penalty existing on the date hereof. The Municipality may inquire into the compliance of persons and entities with the Ordinance and, to the extent that the Municipality determines that any person or any entity has not complied with the Ordinance, the Municipality may request the Commission to issue a proposed assessment against such person or such entity. To the extent that the -4- Commission receives any such request, the Commission shall review such request and, to the extent that the Commission believes that such request presents a basis for a proposed assessment, shall issue a proposed assessment. Any such proposed assessment shall be resolved as provided in Sections 201 ei seq. of Title 68 and the procedural rules promulgated by the Commission. The Municipality may, at the option of the Municipality, request the Commission to initiate a show cause proceeding against a person or an entity which the Municipality believes, in good faith, not to be in compliance with the Ordinance or any provision thereof. To the extent that the Commission receives any such request, the Commission ~ shall review such request and, to the extent that the Commission believes that such request presents a basis for a show cause proceeding, shall initiate a show cause proceeding. Such show cause proceeding shall be conducted as provided in the procedural rules promulgated by the Commission. The Commission and the Municipality acknowledge the mutual interest of the Commission and the Municipality in maximizing compliance with the Ordinance and the collection of local taxes thereunder. The Municipality may, at any time and from time to time, either alone or in conjunction with other municipalities, submit a written proposal for supplemental audit, collection and enforcement activities for consideration by the Commission; provided, however, it is expressly understood that any such written proposal must provide for coordination with the collection and enforcement activities of the Commission, provide for the use of the then applicable audit standards of the Commission and otherwise be in form and in substance to the Commission. 15. It is recognized and acknowledged that the Ordinance includes criminal sanctions for violation of the Ordinance. Notwithstanding anything else contained herein, the Municipality shall have the exclusive authority to prosecute any criminal violations of the Ordinance and the Commission shall refrain from taking any such action. Nothing contained herein shall prevent any the State of Oklahoma from prosecuting persons for crimes under state law, including, without limitation, embezzlement by a vendor of a municipal sales tax. i~ i~ 16. To the extent that the Municipality decides to or to prosecute criminally any action under this Agreement, the Commission and the Municipality shall cooperate, in good faith, to maximize collections under the Ordinance and to minimise duplicative effort by the Commission and the Municipality. 17. Any payment of municipal sales tax, and/or the interest and the penalties with respect thereto, generated as a result of action by the Municipality hereunder, shall be paid by the taxpayer directly to the Commission. 18. The Commission has the exclusive authority to enter into an installment or other payment agreement with any taxpayer, including a taxpayer prosecuted under a municipal sales tax ordinance, for state and local taxes owed by the taxpayer. 19. The Municipality agrees that, if there is a challenge to the constitutionality or the legality of the Ordinance or any provision thereof (other than a challenge based on the application by the Commission of the Ordinance or any provision thereof), the Municipality shall be responsible for the resolution of such challenge. If such a challenge ~ is based on the application by the Commission of the Ordinance or any provision thereof, the Commission shall be responsible for the resolution of such challenge. The party responsible for the resolution of any challenge shall make all decisions with respect to the prosecution and the settlement of any litigation with respect to such challenge and the other party shall cooperate with the responsible party with respect to the resolution of such challenge. ' 20. The Municipality agrees to promptly give the Commission a notice in writing of any annexation or de-annexation of territory to the Municipality. The notice shall include a verified copy of the street or physical boundaries of the newly annexed or de-annexed territory. All Municipality limit lines shall be designated by street name, or other physical boundaries, shown in map form, and certified to the Commission. 21. This Agreement shall be in effect from Iu ~ 1st 19QQ, until June 30, 20QQ, which shall renew without action of the parties for additional terms of one (1) year provided that the current rate has not been ' changed and neither party has given written notice to the other party of its intent to terminate this Agreement prior to 5 the expiration of the then current term. Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above written. THE MiJNICIPALITY OF OKLAHOMA TAX COMMISSION A Municipal Corporation Mayor ATTEST: (CITY SEAL) Municipal Clerk ATTESTED: (STATE SEAL) Assistant Secretary -OTC APPROVED BY THE CITY OF BY. Chairman APPROVED: Director, Taxpayer Assistance Division LEGAL DEPARTMENT DATE -6- b'!/bl /`J`J l'11=3: 4~ Ktla 151 KH I 1 UN Hllf`I1 N 15 I KH I 1 UV -- ylti ~~1~ ,54~ OKLAHOMA TAX COMMISSION EXHIBIT A RETENTION FEE AS OF 911!1989 PER ~'ITLE fib SEC 2702 RAT % FEE Rq~°~ 1%-1.9996 = 1.759/• 2.596 - 1.2596 2°~ = 1.5096 2.75% = 1.1 Z96 2.25°/0 = 1.37% 3°1096 or > = t .Q096 NU.4.Sy lll~~ . 2501 NoRn~ IINCOtA 80ul,EVARa • Ora G1v • OKLAHOMA 73194 IT 15 OUR ttl590N TO SANE THE PEOP.E CF o[!/IFIpyA AI L'RON01~1G TAX COIPUANCE iYROUGM QWWTi SERVICE alip fuR A°IIIkISTRRI,04 ' AGREEMENT FOR ADMINISTRATION OF THE USE TAX ORDINANCE OF CITY/TOWN OF d ^ THIS AGREEMENT is entered into this _ day of , 19_, pursuant to the provisions of Sections 1411 and 2701 EI SEQ. of Title 68 of the Oklahoma Statutes, between the Oklahoma Tax Commission, ' hereinafter referred to as "Commission," and the City/Town of ~~~ O Oklahoma, hereinafter referred to as "Municipality," for the administration of Ordinance No. hereinafter referred to as "Ordinance," levying a municipal use tax of 7 Ylc- percent (3 %) within the Municipality. ~ 1. This Agreement is based upon the Ordinance, a certified copy of which is attached hereto and made apart hereof. The Municipality may, at any time and from time to time, amend or repeal the Ordinance and, to the extent that the Municipality amends or repeals the Ordinance, the Municipality shall promptly provide the Commission with a certified copy of the ordinance effecting such amendment or such repeal. An increase or a decrease in the municipal use tax rate shall become effective only on the fast day of a calendar quarter. The Municipality shall notify the Commission of an increase or a decrease at least fifteen (15) days prior to the close of the prior calendar quarter and shall provide the Commission with a certified copy of the ordinance effecting such increase or such decrease, if any, with respect thereto. ~ 2. The Commission shall administer and shall enforce the Ordinance and shall collect the municipal use tax, and the interest and penalties with respect thereto, as provided in the Ordinance and as herein provided. It is recognized and acknowledged that: (a) the Ordinance levies a municipal use tax upon all consumption, storage and use of tangible personal property which, if sold within the Municipality, would be subject to municipal sales tax; (b) defined terms used in the Ordinance have the same meaning as in the Oklahoma Use Tax Code; and (c) any consumption, use ~ or storage exempt from state use tax is exempt from the municipal use tax, unless otherwise provided by the Oklahoma Use Tax Code. To facilitate such administration, such collection and such enforcement, as well as the administration, the collection and the enforcement of local taxes, the Commission shall designate a Local Tax Coordinator of the Commission who shall be generally responsible for matters related to the collection of local taxes and, with respect to ' such matters, shall directly advise the Administrator of the Commission. The duties which maybe performed by the Local Tax Coordinator and/or other employees of the Commission under his or her supervision, shall include, without limitation, (a) acting as liaison between the Commission and municipalities and counties with respect to the administration, the collection and the enforcement of local taxes, (b) addressing concerns of the Commission and/or taxpayers with respect to the administration, the collection and the enforcement of municipal taxes by municipalities - and county taxes by counties, (c) consulting with municipalities and counties on concerns and trends with respect to local taxes, (d) coordinating collection and enforcement actions by the Commission, municipalities and counties with ' respect to local taxes, (e) coordinating the provision by the Commission to municipalities and counties of information and (f) providing educational and other support to municipalities and counties in their collection and enforcement efforts. In making decisions with respect to the administration of local taxes, the Commission will consider the view, if any, expressed by the Municipality; provided, however, the Commission may accept or reject any such views expressed by the Municipality. Notwithstanding anything else contained herein, the Local Tax Coordinator shall not perform any duties which are the sole responsibility of the Municipality. ~ 3. The bracket system shall be adopted by the Commission for use by vendors in collecting both state use tax and local use tax, as authorized in Section 1410 of the Oklahoma Use Tax Code. ^ 4. The discount allowed to vendors in Section 1410 of the Oklahoma Use Tax Code shall be applicable to both state and local use tax remittances. • 5. The Commission shall retain, as its sole compensation for its services rendered hereunder, an amount equal to the applicable percentage of the amount of the municipal use taxes, and the interest and penalties with respect thereto, collected by the Commission hereunder. The applicable percentage is set forth in Exhii?it~. ' 6. Except as otherwise provided herein, the Commission shall give no preference in applying an amount received for state, municipal and county use taxes owed by a taxpayer to the extent that such amount is less than the aggregate state, municipal and county use tax liability of the taxpayer. Any such amount shall be applied pro rata to ' the satisfaction of the claims of the Commission, the claims of the Municipality and the claims of other municipalities based on the portions of the aggregate state and municipal use tax liability of the taxpayer represented by their respective claims. ' 7. The municipal use tax received and collected by the Commission pursuant hereto shall be deposited in the State Treasury as required by law. The Commission shall use its best efforts to cause to be paid to the Municipality no later than the tenth day of each calendar month all municipal use tax, and the interest and the penalties with respect ' thereto, received and collected by the Commission during the immediately preceding calendar month, less any amount withheld by the Commission under Paragraph 5 and less any amounts deducted by the Commission in connection with refunds hereunder. t 8. The Commission shall require reports of municipal use tax from vendors, shall maintain records of reports by, and receipts and collections from, vendors, and shall maintain the records in such a manner that the total amount due the Municipality each month can be detemuned by the Commission and can be verified by the Municipality. The requirement for the Commission to maintain its records in a verifiable form is not intended to require the ' Commission to maintain its records in any particular form; the Commission may use any form which is capable of being understood by a person reviewing such records with the assistance of the Commission (which assistance shall be provided through the Local Tax Coordinator). The Commission shall transmit to the Municipality a monthly statement ~ of the municipal use tax, and interest and penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, the amounts, if any, refunded by the Commission to taxpayers during the immediately preceding calendar month and the amount withheld by the Commission under Paragraph 5. i~ ii 9. The Municipality acknowledges that the Commission is responsible for making refunds to taxpayers of municipal use taxes previously collected by the Commission on behalf of the Municipality. The Commission's determination of any taxpayer's liability for sales and use taxes shall be binding as between the Municipality and the taxpayer. Any refund of municipal use tax previously paid by the Commission to the Municipality shall be paid from subsequent collections of the municipal use tax. Such refund shall be deducted from the collections payable by the Commission to the Municipality in the immediately following calendar month (unless the taxpayer entitled to such refund otherwise agrees). ' The Commission shall use its best efforts to give written notice to the affected municipality or municipalities at least five (5) days prior to the mailing of a refund check in an amount of $5,000 or more of state, county and municipal use taxes. In addition, the Commission shall generate internal reports with respect to adjustments and amended returns and shall use its best efforts to provide at least five (5) days' prior notice of payments based ' thereon; provided, however, if the Commission can not give at least five (5) days' prior notice, it shall give such prior notice as it can. ~ 10. Any municipal use tax, and/or any interest and penalties with respect thereto, paid under protest by a taxpayer to the Commission during the immediately preceding calendar month shall be paid by the Commission to the Municipality as part of the payment being made by the Commission to the Municipality. If the protested municipal use tax, interest or penalties are required to be refunded, such amount and any interest required to be paid thereon will be paid out of subsequent collections by the Commission. Such refund shall be deducted from the collections payable by the Commission to the Municipality in the immediately following calendar month (unless the taxpayer entitled to such refund otherwise agrees). -2- ' In the event the Commission conducts a hearing on a claim for refund or a taxpayer files a protest to an audit proposed assessment which involves $10,000 or more of local taxes and an affected municipality shall have requested such notice in writing, the Commission shall at least thirty (30) days prior to conducting such hearing provide a notice of such claim for refund or such protest, as the case may be, to the municipality affected. 11. It is contemplated that the some or all of the municipalities located in the State of Oklahoma will establish, pursuant to the Interlocal Cooperation Act, an entity to maintain a reserve with respect to refunds that the Commission may be required to make in connection with municipal sales and use taxes. Such entity shall be governed by defuritive documentation which is mutually satisfactory to the participating municipalities and which complies with applicable law. ' Provided the Commission, 15 days prior to close of the month receives from time to time, written notice from the entity that one or more municipalities, including the Municipality, has elected to participate in such entity and that such municipalities, including the Municipality, have funding obligations with respect to such entity, the ' Commission shall pay to the entity the percentage, if any, designated by such entity of the Municipality's use tax received and collected during the immediately preceding calendar month; the Commission and the Municipality expressly acknowledge that the funding obligations may cease and recommence in accordance with the defmitive documentation among the participating municipalities. The Commission shall use its best efforts to make such payments simultaneously with the payments to the Municipality contemplated by Paragraph 7; provided, however, that the Commission shall never be required to make payments with respect to less than all of the participating municipalities and the percentage payable shall be the same for all municipalities participating. i~ i~ ~~ 12. Simultaneously with the execution and the delivery of this Agreement, the Commission shall, upon written request of the Municipality, provide to the Municipality a full and complete list of the names and the addresses of the persons and the entities which or who report doing business within the boundary of the Municipality during the preceding calendar year. The Commission shall, upon written request of the Municipality, report to the Municipality on a monthly basis a full and complete list of all persons and all entities paying municipal use tax under the Ordinance, and/or interest and penalties with respect thereto, and the amount of such remittances. The Commission shall, upon written request of the Municipality, report to the Municipality on a quarterly basis all of the following information: (a) the number of audits completed by the Commission with respect to municipal use taxes, and/or interest and penalties with respect thereto, under the Ordinance during the preceding calendar year; and (b) the amount of additional municipal use taxes, and/or interest and penalties with respect thereto, under the Ordinance collected by the Commission during the preceding calendar year. The Commission shall monitor the administration, the collection and the enforcement of municipal ' use taxes, and/or interest and penalties with respect thereto, under the Ordinance. The Commission shall provide the Municipality such information as may be requested by the Municipality with respect to any protest or any refund of municipal use taxes levied by the Municipality. The Municipality shall also be entitled to consult with the ' Commission's legal staff about protests and refunds and, to the extent that a protest or a refund involves one or more hearings, the Municipality shall, through legal counsel employed by the Municipality, be entitled to be present and observe such hearing(s); provided, however, the administrative law judge or the Commission may limit the number of counsel, if any, who may be present to the extent necessary to permit the hearing to be conducted in an orderly fashion and without undue trepidation on the part of the taxpayer. To the extent that such documents and/or such information relates to municipal use taxes, and/or interest and penalties with respect thereto, and is requested, at any time and from time to time by the Municipality, the -3- Commission shall promptly provide to the Municipality (a) copies of applications for use tax permits, (b) copies of use tax reports, (c) copies of installment or other payment plans, if any, with taxpayers and (d) other documents and other information. The Commission shall promptly notify the Municipality of any conduct which the Commission believes might be the basis for a criminal prosection by the Municipality under the Ordinance and shall provide to the Municipality all of the documents and the information in the possession of the Commission with respect thereto, including, without limitation, the names of employees of the Commission who might be witnesses with respect thereto. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes, which makes the records and the files of the Commission confidential (subject to specified exceptions) and which prohibits disclosure of such records and such files (subject to specified exceptions), includes the Commission's records and files with respect to the receipt and the collection of municipal use tax. Nothing contained herein is intended to require the Commission to disclose to the Municipality any information whose disclosure to the Municipality is prohibited by Section 205. The Commission acknowledges that (a)Section 205(c)(7) of Title 68 of the Oklahoma Statutes permits the Commission to famish information disclosed by the records and the files of the Commission to an official body or any official person who is concerned with the administration or the assessment of certain taxes, such as the Municipality, (b) Section 205(c)(23) of Title 68 permits the disclosure of information directly involved in the resolution of issues arising out of the enforcement of a municipal use tax ordinance, such as the Ordinance, pursuant to a municipal tax collection agreement, such as this Agreement, and (c) Section 22-107 of Title 11 of the Oklahoma Statutes and Section 205.1 of Title 68 of the Oklahoma Statutes permits the Commission to release specified information to municipalities. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes may prevent the disclosure by the Municipality and persons associated with the Municipality of information which is provided by the Commission to the Municipality and that improper disclosure by the Municipality or any such person of such information may result in civil and criminal liability. The Municipality shall comply with the restrictions imposed by Section 205. 13. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal use tax funds in its possession then due and payable under this Agreement. The Municipality shall thereafter be liable for and shall pay any refunds of municipal use tax required by law to be made, including refunds of municipal use tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being held by it. The Municipality agrees to pay any interest required by law to be paid on such refunds. 14. The Commission shall have the authority to assess and to collect, on behalf of the Municipality, the municipal use tax levied by the Ordinance, and the interest and the penalties with respect thereto, including, without limitation, any municipal use tax, interest and/or penalty existing on the date hereof. The Municipality may inquire into the compliance of persons and entities with the Ordinance and, to the extent that the Municipality determines that any person or any entity has not complied with the Ordinance, the Municipality may request the Commission to issue a proposed assessment against such person or such entity. To the extent that the Commission receives any such request, the Commission shall review such request and, to the extent that the Commission believes that such request presents a basis for a proposed assessment, shall issue a proposed assessment. Any such proposed assessment shall be resolved as provided in Sections 201 EI S.cs}. of Title 68 and the procedural rules promulgated by the Commission. The Municipality may, at the option of the Municipality, request the Commission to initiate a show cause proceeding against a person or an entity which the Municipality believes, in good faith, not to be in compliance with the Ordinance or any provision thereof. To the extent that the Commission receives any such request, the Commission shall review such request and, to the extent that the Commission believes that such request presents a basis for a show cause proceeding, shall initiate a show cause proceeding. Such show cause proceeding shall be conducted as provided in the procedural rules promulgated by the Commission. -4- The Commission and the Municipality acknowledge the mutual interest of the Commission and the Municipality in max;mi~ing compliance with the Ordinance the collection of local taxes thereunder. The Municipality may, at any time and from time to time, either alone or in conjunction with other municipalities, submit a written proposal for supplemental audit, collection and enforcement activities for consideration by the Commission; provided, "~ however, it is expressly understood that any such written proposal must provide for coordination with the collection and enforcement activities of the Commission, provide for the use of the then applicable audit standards of the Commission ' and otherwise be in form and in substance to the Commission. 15. It is recognized and acknowledged that the Ordinance includes criminal sanctions for violation of the ~ Ordinance. Notwithstanding anything else contained herein, the Municipality shall have the exclusive authority to prosecute any criminal violations of the Ordinance and the Commission shall refrain from taking any such action. Nothing contained herein shall prevent any the State of Oklahoma from prosecuting persons for crimes under state law, including, without limitation, embezzlement by a vendor of a municipal use tax. 16. To the extent that the Municipality decides to or to prosecute criminally any action under this Agreement, the Commission and the Municipality shall cooperate, in good faith, to maximize collections under the Ordinance and to mini*n»e duplicative effort by the Commission and the Municipality. 17. Any payment of municipal use tax, and/or the interest and the penalties with respect thereto, generated as a result of action by the Municipality hereunder, shall be paid by the taxpayer duectly to the Commission. i~ ~i 18. The Commission has the exclusive authority to enter into an installment or other payment agreement with any taxpayer, including a taxpayer prosecuted under a municipal sales tax ordinance, for state and Local taxes owed by the taxpayer. 19. The Municipality agrees that, if there is a challenge to the constitutionality or the legality of the Ordinance or any provision thereof (other than a challenge based on the application by the Commission of the Ordinance or any provision thereof), the Municipality shall be responsible for the resolution of such challenge. If such a challenge is based on the application by the Commission of the Ordinance or any provision thereof, the Commission shall be responsible for the resolution of such challenge. The parry responsible for the resolution of any challenge shall make all decisions with respect to the prosecution and the settlement of any litigation with respect to such challenge and the other party shall cooperate with the responsible parry with respect to the resolution of such challenge. 20. The Municipality agrees to promptly give the Commission a notice in writing of any annexation or de-annexation of territory to the Municipality. The notice shall include a verified copy of the street or physical boundaries of the newly annexed or de-annexed territory. All Municipality limit lines shall be designated by street name, or other physical boundaries, shown in map form, and certified to the Commission. ' 21. This Agreement shall be in effect from 7uly 1st , 1992, until June 30, 202Q, which shall renew without action of the parties for additional teens of one (1) year provided that the current rate has not been changed and neither parry has given written notice to the other party of its intent to terminate this Agreement prior to the expiration ' of the then current term. Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other parry. -$- ~'~ ~. ' IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above written. THE MUNICIPALITY OF OKLAHO TAX COMM A Municipal Corporation Mayor ATTEST: (CITYSEAL) Municipal Clerk ATTEST: (STATE SEAL) ssistant Secretary -OTC APPROVED BY THE CITY OF BY 410687 G hairman Vice Director, Taxpayer Assistance Division LEGAL DEPARTMENT DATE -6- YJ ! / YJ l i 77 YJi3 : 4G RC171 J I RF1 1 1 V1 `I MLI' 111'11 J I f[M I 1 U1 • ~ 710 G i c J'yJ OKLAHOMA TAX COMMISSION EXHIBIT A RETENTION FEE AS QF 911!1989 P R TlTL 68 ~EC2702 RAT % FEE RA-- T~~ 1 ~-1.9996 = f .75~ 2.596 = 1 25°k 2°~ = 1.50% 2.75°/a = . 1 12°k 2.2590 = 1.37% 39696 4r > = . t .QOg6 1 ~{..I. "~JJ VtJG 2501 NORlIi UNC011180tflEYARD • OKWpNA GTir • OaAHOMA 73194 IT IS OUA Itl590N i0 SQNE llE PEOPLE Cf 0!cIIINQgA BI ~AOIIOIL'IG TAX CpPl1AFKE T!iROUGN °UAUiT SERVILE uW fuR A°NfA4iRRliO!4 OFFICERS OKLAHOMA MUNICIPAL LEAGUE, INC. 201 N.E. 23rd STREET • OKLAHOMA CITY, OK 73105 (405) 528-7515 • 1-800-324-6651 FAX (405) 528-7560 ' TO: Oklahoma Municipal Officials FROM: Bill Moyer, Executive Director SUBJECT: Amended sales tax collection contract ' DATE: May 5, 1999 President Don Rudolph Mayor, Clinton Vice President Jess Nelson Mayor, Guymon Immediate Past President Jerry Johnston Mayor, Braman Executive Director Bill Moyer, CAE For the last several months an advisory committee has been assisting OML in working with Oklahoma Tax Commission officials to improve language in the sales tax collection contract. A brief explanation of the major improvements includes: • Creates a new Coordinator of Local Taxation! to work directly with the Cities. • Creates shared authority between City and State on numerous issues as to sales/use taxes. • Requires OTC to defend legal challenges involving OTC administration of municipal tax ordinances • Requires OTC to share information on proposed assessments, refunds, etc. ,~ • Permits municipality to be present at protest and refcuid /rearm:gs which impact city taxes, budgets. • Requires fair allocatio~t of revenues between State-City where collections are insufficient from a taxpayer. • Provides for coordinated prograi~ts between city-state for supplemental audit and collection activities. • Permits creation of ii:terlocal entity to establish sinking fund reserve for sales-use taxes. • Provides increased access to tax information by cities. ~, - • Provides greater city role in tax compliance, show cause hearings, records access, etc. ~, • Establishes more fair and equal relationship between City and State. ' We appreciate the understanding and willingness of OTC Commissioners and staff to assist in this effort. The changes, we believe, will improve the collection efforts and should benefit the state as well as all Oklahoma communities. WAM/j s - Directors: Paul Buntz, City Manager, Durant • Arden Chaffee, Councilmember, Alva • Glenn Deck, City Manager, Oklahoma City • Jim East, Aide to the Mayor, Tulsa • Leo Fallon, Mayor, Frederick • Randy Green, City Manager, McAlester • Jay Hayes, Mayor, Checotah • Mike Henson, Mayor, Stillwater • Bill Hoag, Mayor, Jones • Kirk Humphreys, Mayor, Oklahoma City • Phil Kliewer, Mayor, Cordell • Leroy Lage, Finance Director, Watonga • Louis E. Mathia, Mayor, Miami • Terry Morse, Mayor, Burns Flat • James C. Reynolds, Mayor, Broken Arrow • Susan Savage, Mayor, Tulsa • Past Presidents: Gary D. Rader, Mayor, Weatherford • Bob Thompson, Mayor, Norman