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1997.01.07_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: January 7, 1997 TIME: 7:00 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, January 3, 1997. Marcia utwell, City Clerk - AGENDA 1. Call to Order 2. Invocation Rev Dale Blackwood Owasso Police Chaplain 3. Flag Salute ~ 4. Roll Call 5. Reading of Mayor's Proclamation. Mayor Ewing Attachment #5 The Mayor will present a proclamation to Lorrie Dozier, naming Dozier Printing Business ' of the Quarter for the First Quarter of 1997. Owasso City Council January 7, 1997 Page 2 6. Request Approval of the Minutes of December 17, 1996 Regular Meeting. Attachment #6 7. Request Approval of Claims. Attachment #7 i 8. Consideration and Appropriate Action Relating to an Agreement Between the Haas-Edison ~ Family and the City of Owasso, the Acceptance of a Sanitary Sewer Easement, and Authorization for the Mayor to Execute Such Documents. Mr Cates Attachment #8 The staff will recommend that the City Council approve the proposed agreement between the Haas-Edison family and the City of Owasso, accept and approve the sanitary sewer easement, and authorize the Mayor to execute the necessary documents on behalf of the City of Owasso. 9. Consideration and Appropriate Action Relating to a Request for Council Approval of a Final Plat for Brentwood Park, an Addition to the City of Owasso, Tulsa County, Oklahoma. Mr Rooney Attachment #9 The staff will recommend Council approval of the final plat for Brentwood Park, located east of Brentwood Estates and containing 201ots on 8.41 acres, more or less. Owasso City Council January 7, 1997 Page 3 10. Consideration and Appropriate Action Relating to the Acceptance of Improvements to the Water and Sanitary Sewer Systems Constructed to Serve Brentwood Park, an Addition to the City of Owasso, Tulsa County, Oklahoma. Mr Lutz Attachment #10 The staff will recommend Council acceptance of the infrastructure improvements. ^ 11. Consideration and Appropriate Action Relating to the Award of Bid for One UHF Base Station/Repeater and Installation; and a Supplemental Appropriation to the General Fund's Street Department to Fund the Purchase. Mr Ray Attachment #11 The staff has completed the bidding process, reviewed the bids received, and will recommend a contract be awarded to Ericsson Inc, Oklahoma City, OK for the purchase and installation of one UHF Base Station/Repeater at a total cost of $8316; and further recommend a supplemental appropriation in the amount of $8316 to the General Fund's Street Department Budget. 12. Consideration and Appropriate Action Relating to a Request for a Contract Extension for Maintenance to the City's Storm Sirens. Mr Ray Attachment #12 The staff will recommend that the contract with Goddard Enterprises for preventative maintenance to the City's storm sirens be extended for the 1996-97 fiscal year. ^ Owasso City Council January 7, 1997 Page 4 13. Consideration and Appropriate Action Relating to an Application for the Metropolitan Tulsa HOME Consortium FY96 Owner-Occupied Housing Rehabilitation Program. Mr McElrath Attachment #13 The staff will recommend that application be made to the Metropolitan Tulsa HOME Consortium for the Owner-Occupied Housing Rehabilitation Program and that the Mayor be authorized to execute the necessary documents. 14. Consideration and Appropriate Action Relating to Resolution #97-02, a Resolution Amending Resolution #86-1~, Waiving Building Permit and Inspection Fees for building permits involving the use of federal/state grant funds. Mr Rooney Attachment #14 The staff will recommend Council adoption of Resolution #97-02. 15. Consideration and Appropriate Action Relating to Resolution #97-03, a Resolution Calling a Non-Partisan Primary and General Election Pursuant to Provisions of the Owasso City Charter for the Purpose of Electing Council Members for Wards 1 & 2 Mr Ray Attachment #15 ^r The staff will recommend Council adoption of Resolution #97-03. f Owasso City Council January 7, 1997 Page 5 16. Report from City Manager 17. Report from City Attorney 18. Reports from City Councilors 19. Unfinished Business 20. New Business ^ ~ 21. Adjournment PROCLAMATION CITY OF OWASSO, OKLAHOMA WHEREAS, The OEDA, the Owasso Chamber of Commerce, the Owasso Reporter, and the City of Owasso have developed a special business recognition program as a means of honoring the valuable contributions of local, community-minded businesses; and, WHEREAS, The quality of life in Owasso is a reflection of the level of involvement exhibited by its business owners and employees and their active support of community events; and WHEREAS, The involvement of businesses through their support of local projects and promotions by the sharing of their resources, provides for the economic well- being of the community and demonstrates a commitment that goes beyond the standard measure of business success; and, WHEREAS, Lorrie Dozier and her employees at Dozier Printing have demonstrated concern for the Owasso community through involvement in various community-wide projects; and, WHEREAS, A consistent quality in business operations, together with a focus on the betterment of Owasso through civic activity, merits appreciation and recognition by the entire community, NOW, THEREFORE, I, Danny Ewing, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim DOZIER PRINTING FIRST QUARTER 1997 BUSINESS OF THE QUARTER IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 7th day of January, 1997. Danny Ewing Mayor OWASSO CITY COUNCII. MINUTES OF REGULAR MEETING Tuesday, December 17, 1996 The Owasso City Council met in regular session on Tuesday, December 17, 1996 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, December 13, 1996. ITEM 1: CALL TO ORDER Mayor Ewing called the meeting to order at 8:00 p. m. ITEM 2: FLAG SALUTE The flag salute was give during the OPWA meeting preceding this meeting. _ ITEM 3: ROLL CALL PRESENT ABSENT Danny Ewing, Mayor Joe Ramey, Vice Mayor Mary Lou Barnhouse, Councilor Michael Helm, Councilor Tracy Standridge, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE 11~:[NUTES OF DECEMBER 3. 1996 REGULAR MEETING. Mr Ramey moved, seconded by Mr Standridge, to approve the minutes as submitted, by reference made a part hereto. AYE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM REOUFST APPROVAL OF THE CLAIMS. . Mr Ramey moved, seconded by Mr Helm, that the following claims be approved as submitted: (1) General Fund $29,483.68; (2) Workers Comp Self-Ins $3,586.25; (3) Ambulance Service Owasso City Council December 3, 1996 Fund $2,248.25; (4) City Garage $3,993.56; (5) Capital Improvements $868.61; (6) Payroll $133,134.49; (~ City Garage Payroll $2,263.80. AYE: Ramey, Helm, Standridge, Barnhouse, Ewing NAY: None Motion carved 5-0. ITEM 6: CONSIDERATION A RESOLUTION #96-15 PUBLIC WORKS AUT ND APPROPR APPROVING A HORITY AUT IATE ACTION RELATING TO CTION TAKEN BY THE OWASSO HORIZING ISSUANCE, SALE AND DELIVERY OF THE A UTHORITY'S SERIES 1996 DIRE CT SRF INTERIM CONSTRUCTION PRO MISSORY NO TE TO THE OKL AHOMA WATER RESOURCES BOARD : RATIFYING AND CONFIRM ING A CERTAIN LEASE, AS AMEND ED. PERTAINI NG TO CERTA IN PROPRIETARY ~ REVENUE-PRODUCIN G UTILITY S YSTEMS SERVIN G THE CITY OF OWASSO: APPROV ING AND A UTHORIZING E XECUTION AND DELIVERY OF A SAL ES TAX AGRE EMENT PERTAIN ING TO A YEAR- TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUE: AND CONTAINING OTHER PROVISIONS RELATED THERETO. Resolution #96-15 approves action taken by the Owasso Public Works Authority pertaining to OPWA Resolution #96-05. Both resolutions relate to a loan with the Oklahoma Water Resources Board for the construction of wastewater treatment plant improvements. Mr Ramey moved, seconded by Mr Standridge, to approve Resolution #95-15. AYE: Ramey, Standridge, Helm, Barnhouse, Ewing NAY: None ~`` Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO COUNCIL APPROVAL OF A -NAME CHOSEN FOR THE CITY PARK ON 86TH STREET NORTH. One of the activities in the 1996 United Way campaign for city employees was a contest to name the city park located on East 86th Street North. Fora $1.00 donation to the United Way, citizens were able to submit a name for the park. Councilor Helm drew the winning submission at the annual Lights-On ceremony on December 2nd. Ms Emile Priestley of the Three Lakes II addition submitted the winning entry. Ms Priestley's choice of a name for the park is "Ram Park". If the name is approved by the Council, a sign donated by Garrett Signs of Owasso, will 2 Owasso City Council ,, December 3, 1996 be placed in the park. Mr Ramey moved, seconded by Mr Standridge, that the name of the city park on East 86th Street North be "Ram Park". AYE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. Ms Priestley and her family were in the audience and were introduced. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF A POLICY REGARDING RESIDENTIAL NEIGHBORHOOD TRAFFIC CONTROL. A policy on residential neighborhood traffic control was adopted by the City Council on July 6, 1995. Because of some confusion resulting from this policy, a revision has been developed by staff. The revised policy contains clearer language and direction regarding the placement of stop signs within residential neighborhoods, as well as a flow chart of the process. Both citizens and staff will be assisted by a clearer policy. Mr Standridge moved, seconded by Mr Ramey, to adopt the policy regulating the installation of certain traffic control devices/signs, and providing for a process through which such signage may be requested. AYE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ^ ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PRESENTATION OF AN INDEPENDENT AUDIT OF FINANCIAL TRANSACTIONS FOR THE GENERAL FUND AND OTHER FUNDS .FOR FY 1995-96, AND A REQUEST FOR THE COUNCIL TO RECEIVE THE _ AUDIT REPORT. Ms Bishop presented the 1995-96 annual audit and auditor's remarks. There were no questions from Council or citizens. Mayor Ewing moved, seconded by Mr Helm, that the City Council receive the audit for review and information. AYE: Ewing, Helm, Barnhouse, Standridge, Ramey NAY: None Motion carried 5-0. 3 Owasso City Council December 3, 1996 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR SIGNALIZATION IMPROVEMENTS TO THE INTERSECTION AT 96TH STREET NORTH AND GARNETT ROAD. BETWEEN THE CITY OF OWASSO AND BEE-LINE TRAFFIC CONTROL. AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO THE CONTRACTOR. On October 18, 1994 a signalization contract for the intersection at 96th Street North and Garnett Road was awarded to Bee-Line Traffic Control. The schedule of the work was dependent on roadway progress by Tulsa County. Because of delays in the work done by Tulsa County, the signalization project also experienced delays. The work has now been completed and final inspection done. A one-year maintenance bond has been provided by the contractor. The project is ready for acceptance and final payment by the city. Mr Ramey moved, seconded by Ms Barnhouse, to accept the work performed under contract by Bee-Line Traffic Control, ~w and authorize final payment in the amount of $8360. AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE ADOPTION OF AN AMENDMENT TO THE PERSONNEL POLICIES MANUAL OF THE CITY OF OWASSO. SPECIFICALLY AMENDING CHAPTER 9 CONTAII~lING REGULATIONS AND PROCEDURES GOVERNING TRAVEL BY PERSONS WHILE ON CITY BUSINESS. Mr Harder presented a revised travel policy which has been developed by staff in an attempt to simplify the existing policy, create efficiency in processing, and incorporate changes in spending authority. Development of the travel policy has gone through several reviews by department ,~ directors. Administrative procedures for implementation of the policy have also been developed. the procedures include a modified per diem system for travel requiring overnight lodging. Mr Ramey moved, seconded by Mr Standridge, to adopt the amendments to the Personnel Policies Manual of the City of Owasso, specifically amending Chapter 9 providing for the authorization and reimbursement for travel. 4 Owasso City Council AYE: Ramey, Standridge, Helm, Barnhouse, Ewing NAY: None Motion carried 5-0. December 3, 1996 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF A POLICY REGARDING MANDATORY RANDOM TESTING OF PERSONS EMPLOYED BY THE C'-ITY OF OWASSO FOR THE PURPOSE OF DETECTING THE USE AND/OR ABUSE OF CONTROLLED SUBSTANCES. Beginning in early September 1996, research and development began on a Personnel Policy revision relating to drug and alcohol testing. Numerous draft policy revisions have been developed throughout the process. The City Attorney has reviewed each draft and input has been received from employee groups. All employees were invited to attend open meetings, which provided history of drug and alcohol testing in the United States, and explained the intent of the City to aid employees identified with problems with drugs and/or alcohol and to provide a safe working environment. An explanation of how the testing would be done was also explained in the meetings. Employees who meet established requirements will be placed in a "pool" for random testing. An employee will be tested if there is reasonable suspicion that the employee is violating the drug and alcohol free workplace. The City will require an employee to undergo drug and/or alcohol testing if the employee is involved in awork-related injury and there is reasonable suspicion that the incident was a direct result of the use of drugs and/or alcohol by the employee. If approved, the effective date for implementing the provisions of the policy will be thirty days from the approval date as required by law. The approved policy will replace Chapter 8 of the City of Owasso, Oklahoma Personnel Manual dated July 1, 1992. During the thirty-day waiting period, department directors and supervisors will be trained to recognize employees when they appear unfit for duty because of drugs or alcohol. Mr Helm moved, seconded by Mr Ramey, to adopt a policy that requires the mandatory, random testing of all eligible employees for detection of the use of controlled substances, such policy containing the methods, procedures, and regulations regulating the testing process and the safeguards employed to protect those being tested. AYE: Helm, Ramey, Barnhouse, Standridge, Ewing NAY: None Motion carried 5-0. 5 Owasso City Council December 3, 1996 ITEM 13: REPORT FROM CITY MANAGER Mr Ray reported on three items: 1) Mr Carr and Mr Cates are working to develop a disposal policy with Quarry Landfill; 2) an ambulance ordinance review team will be created in January, with Mayor Ewing and Councilor Helm as a part of the team; 3) work is being done to create a "Home Paae". with time and space donated by an Owasso resident- ITEM 14: REPORT FROM CITY ATTORNEY No report. ITEM 15: REPORT FROM CITY COUNCILORS Mr Helm requested a financial impact study on an electrical ordinance. He also requested a meeting with representatives of the City and electric system carriers. Mr Standridge asked about the crossing for the Sixth Grade Center. Mr Carr said that a crossing design has not been received nor approved. Mr Rooney said that a building permit has not been issued. ITEM 16: UNFINISHED BUSINES None. ITEM 17: NEW BUSINESS None. ITEM 18: ADJOURNMENT Mr Standridge moved, seconded by Mr Helm, to adjourn. AYE: Standridge, Helm, Ramey, Barnhouse, Ewing NAY: None Motion carried 5-0, and the meeting was adjourned at 8:57 p.m. Danny Ewing, Mayor Marcia Boutwell, City Clerk 6 i:~ :~~ S~. S.' 'Y GzTY of oWASSo GE?iERAL FUND AiF CLAIht'~ REF©F'T AF'AF'VF . AGE: 4 V1.riDOR DES,! r.: Tiuii Ah;uU:"i1 a1A::lti_rR'IAi ------------------------------ ~ 97000' ATrT bIRELESS SERVICES PHONE USE-RAY 4'' 0~ 97 105 OFFICE DEPOT CARD PLAPI 4?'_347 CROt~! BCIRLINGAME ' DEPARTMENT TOTAL =___> °'" 344 l,(AL_M~PT 971370 ALTERNP.TIVE ENVIRONMENTS ' 471425 TREASURER PETTY CASH 971425 TREASURER PETTY CASH 47425 TREASURER PETTY CP.SH 971425 TREASUREF. PETTY CASH OFFICE SUPPLIES F,EF'AiR SUPPLIES REPAIR/MAII~iT: SUPPLIES DEPT UIR TRAIPiING EMPLOYEE APPRECIATION OFFICE SUPPLIES CITY MGR EXPENSES EMPLOYEE APPP,ECIATIO?i FINANCE ------------------------------ 970138 CPS BCISINESS, INC. LICENSE FEES 471205 OFFICE DEPOT CARD PLAN OFFICE SUFFLiES 971351 TAYLOE PAPER CO COMPUTER PAPER ' 47135=' REGEPiA PARSOPiS TUITION REIMBURSEME2iT 971425 TF,EASUREP, PETTY CASH REIMB PETTY CASH DEFARTMEtiT TOTAL =___: COMMUtiITY DEVELOPMENT ------------------------------ 970563 AT&T WIRELESS SERVICES 971205 OFFICE DEPOT CARD PLAN 971368 GARY ORR 971414 BOCA INTERNATIONAL INC ' 971425 TREASURER PETTY CASH 971425 TP.EASUP.ER PETTY CASH DEPARTMENT TOTAL =___") MUNICIPAL COURT ------------------------------ PHONE USE-ROONEY OFFICE SUPPLIES WINTER UNIFORM COAT APPROVED STICKERS REIMB PETTY CASH PLANNING CCMM MTG 970112 MICHAEL D. HILSABECK RETAINER 970113 GHP.RLES RAMSEY RETAINER 971205 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES DEPARTMENT TOTAL =___ ~, 5 . 'i ~' 7 . ~, 4 44.c~3 . [~ J 35.53 27.40 ~JU1.V~ 104.~~ "12.11 217. t'•0 5.55 .`~3.5~i LV .l~i~ 7 V V r . 1 '_ 43.27 9.99 32.99 45.00 12.50 42.00 185.75 825.00 825.00 20.37 1.,570.37 CITY OF ^WASSD GEP?ERAL FU.?D A/P CLAIM'= REFCRT AFAPVR PAGE: _ PC ~ VENLDR UESCRI:~`TI~C.? AMCC':iT ---------- ------------------------- ------------------------- ------------- ------------------------------ 971X'` OFFICE DEPOT CARD PLAT? OFFICE SUPPLIES 42.45 971'37 KIMBALL AGE HARUWP.P.E MAI;?T, REPAIR SUPPLIES 1.~~'= 971391 Ii?TERi?ATIO2?PL GP.YSTAL MFG PADID CRYSTAL ~?,7~~ 971396 BLAGKBURt? MAP?LiFA±:TCTRI2?G MAR:'IP?G F'r^.I T q3. 1 ~~ 9714.'5 TREASURER PETTY CASH EMPLOYEE APFREGIATIO:? ib.E,b DEPARTMENT TOTAL ====1 1-?F,,grf GENERAL GOVERP?MEAT 9.'034L MEMBER SERVICE LIFE MONTHLY FEE SOO.OG 97049 MEMBER SERVICE LIFE AF?t?UAL FEE -125 200.00 970831 RETHERFDRU PCIBLICATIDNS LEGAL HDTICE'~ 255.15 9?1205 OFFICE DEFDT CARD PLP.N OFFI~~E ~~UPPLIES '141.b3 971246 TULSA 4dOP,LD CLASSIFIED ADS 409,7.5 97128^ PITNEY LCWES INC FOST.AGE TAPE SHEETS 64.75 4'71376 TULSA 6~iORLD CLASSIFIED AD=~ 197.00 971377 RETHERFCRU PUBLICATIONS CLA'=,~IFIED ASS ~~= 5° VV J 97I4Z5 TREASUF.EP, PETTY CASH REIMB PETTY CASH x,.80 9?''_425 TREASURER PETTY CASH REIt4B PETTY ::ASH 4.40 4'71425 TREASURER PETTY CASH REIMB FETT`I CASH 4.40 971425 TREASURER PETTY CASH P.E I!-iB F'E T TY CP.'=~H 20 . ~2 971423 OKLAHOMA i?ATURAL GAS 11/96 USE 29~.5b 971429 SOL?THWESTERN SELL TELE 11,'9'f USE 4?, c5 971430 PSO 11/96 USE 3°4.89 DEPARTMEtiT TOTAL =___> Z,ib5.76 SUPPORT SERVICES ------------------------------ 970620 AT&T WIP.ELESS SERVICES PHONE USE-MCELRATH 10.00 971183 YP.LE UNIFOP.M RENTAL UNIFORM CLEAN/BERT 13.40 971205 OFFICE DEFDT CARD PLAN OFFICE SUPPLIES 39.98 971337 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 143.84 971345 SAM'S CLUB GAS BLOWER/VACUUM 99.96 971349 WAL-MART REPAIR/MAINT SUPPLIES 26.03 971404 ANCHOR PAINT PAINT/THINNER 36.90 971424 TREASURER PETTY CP.SH REIMB DOC MEALS 360.23 971425 TPEASURER PETTY CASH REIMB PETTY CASH 2.67 9?1425 TREASURER PETT`I CASH REIMB PETTY CASH 9.00 UEPARTMEt?T TOTAL =___: 742.01 CITY OF 04~;ASSO GENERAL FUND ~ 1/i'.3!97::57:54 A/F' CLAIh1L~ P.EF'0;~: APAF'VR PAr~E: . ~ # ,'EIyI':OR L~ES=.-~F~TIGr A ~~~:~r ---------- ------------------------- ------------------------- ------------- rEe.~r^rP' ------------------------------ °?139C HUGHES, LUMBER CO REPAIP.IMA:i? SUPPLIES`:`.?~~ x'7142` TREASURER FETTY CP.SH EMPLOYEE APPRECIATi02i 45.32 ~~72430 PSO lii9, USE -. ~-, 16.~~: ^ DEPARTME??T TOTAL ====i 117.U1 FOLICE cEP.VICES ------------------------------ 970U11 L.E.T.ti. SUESCRIPTIO:i 288.00 970015 ATu-T 4JIRELESS SERVICES FHOt?E USE-P.LL 285.87 9'70015 ATF~T kdIRELEJS SEFVICES PHO??E US£-A.LEXA;€DER 35.91 970°0$ POSITIVE PROh;OTIONS BICYCLE SAFETY MATERIP.L~ 133.64 ~ °71305 OFFICE DEPOT CARD PLAN OFFICE SUF'F'LIES 119.94 971274 STAP?DP.RD FUSEE CORP SAFET`i FLARES :'72.31 ' 971345 DO2iEP. PRIHTIP?G OFFICE SUF'F'LIES 60.00 9?134E, SAh1'S CL UB CLEAPsIf?G ~?nF'LIEr; 49.14 9713 L:5 SCOTT MEDICAL CLINIC'. NEPATITI'o SHOTS, TESTi2iG 220.00 ~ ?71423 TUALL Ut?IFORt=1 & EOUIF' U;?IFORP7SiE~:~CiiPME.IT 211.35 '?? 14 23 OKLAHOMA NATLTRAL GAS 11 /96 tTSE 10'3 . ~ ~~ 971429 SOUTH4'iESTERti °ELL TELE 11.`96 USE 47.80 -'?? 4?r} PSO 11 %?5 USE 330.9'2 DEPARTMENT TOTAL =___. 2,158.19 POLICE COMMUNICATIONS ------------------------------ 970014 DEPT OF PUBLIC SAFETY OLETS RENT 350.00 DEPARTMENT TOTAL =___> 350.00 ANIMAL CONTP.OL ------------------------------ 971402 CHEP.OKEE BUILDING MATERIA CEILING TILES 21.50 971430 PSO 11/96 USE 203.40 DEPARTMENT TOTAL =___> 224.90 ' FIRE S;ERVICEc ------------------------------ ~~ CITY OF OI~lASSO C:.EPdERAL FC~AID ~ _ 1:' ~~' ~ = ...'' . 54 AiP +=LAI21C: REPOR`i APAPVR PAGE: ~' ~ µ ---------- Vie' ~ i~ i~' ~_~ ,~'. ------------------------ il.~.. ~~ r T - ri ~S ~RIF' 3 ~~,~ - ------------------------- f i i k. A23Oi,.IT ------------- _ "~- .__ r,yar?,?v =;r3~ ??r. c :i.il __1'-'vVvJ t•r•? tt27~rrF, ='rRE 4LT~.Iq FJu 1uL 1 1. l._ 49. `0 9'06'7 TCL~h GF'UE:IEI~=H VQLUP~IIEEF: FIRE RUPi'S 4'z.5^ ~~ ~.~`~` C,_ r- T v ~~O? A1LOF' T L?OLLPITEER FIRE RUPIS 4 G 9.5 ~""~?~ ~"" RAHDALL STARK VOLUNTEER FIRE RUNS 49.`0 47063<< ROPI STUCKE'x VOLUPITEER FIP,E RU2iS 49.50 9710~~ MA4:K =;TEVEPiS VOLU2dTEER FIRE R[TPI~ 45.5;: 471~'S4 CROb+! BURLINGA24E REFr`.IR SUPPLIES ~~4° Go J • . J 471'56 KI!=!FALL ACE HARDI3lARE REPAIR%MAIPIT SUPPLIES 2~~'2.29 97159 DAVID HURST t'OLUHTEER FIRE RUNS 49.50 47125^ L'AF'ID Y.URST VOLUPITEER FIP,E RUHS 49.50 971260 CARL BOR~A VOLUPITEER FIP.E RUHS 49.50 971260 CARL BOR2A VOLU2iTEER FIRE RUHS 49.0 471359 OFFICE DEPOT CAF!D PLP.H PP,IiITEP.,HP.RDWARE 716.95 971371 JOE ESCO TIRE COMPAPiY TIP,ES-EPiGIHE II 381.60 971373 KAii-JK REPAIR MOHITOP. HOZ~LE 200.00 ;'7145 TP.EASUP.ER PETTY CASH OFFICE SUPPLIES 12.00 971423 OKLAHOMA NATURAL GAS 11; 9b USE 758.17 47140 FSO 11:96 USE 327.54 DEPARTME2IT TOTAL =___` 3,372,4 ~~IVI1 L°EFEPI~~~- ------------------------------ e?ran.+."}•7 ATz:~T I';T_:?ELE'SS SE?t'ICE'= F'HOP?E [TJE-JTAMPER 10.00 °-i~?9 ~OUTHriESTERII FELL TELE 11'9 ?1~=E 50.08 471430 FSO l i,'46 USE 64 .14 DEFP.RTMEPIT TOTAL =___~ 14,2 STREETS ------------------------------ 970454 HUGHES L1JMBER CO P.EPAIRlMAIHT SUPPLIES 61.40 970589 TULSA COUNTY BOCC STF.EET SIG2iS 174.20 970897 WAL-PiART UHIFOP.M PAPITS 99.80 971214 USUABLE STEEL YAP.D STEEL-SNOWPLOW 50.77 971220 SIGHALTEK IHC TRAFFIC CONTROL MAIPiT 835.52 971337 KIMEALL ACE HARDWARE MAIHTIREPAIR SUPPLIES 141.24 971366 WELSCO IHC CYLINDER RENTAL 9.58 971394 RICK'S LAWN SEP.VICE MOW MEDIANS 60.00 971398 HUGHES LUMBER CO REPAIR/MAIHT SUPPLIES 21.70 971425 TP.EASURER PETTY CASH EMPLOYEE APPP,ECIATIOH 30.00 971428 OKLAHOMA HATUP.AL GAS 11/9b USE 375.05 971430 PSO 11/96 USE 328. U4 971431 AM-P.AIL CONSTRUCTION STREET P.EPAIP,S 11!5/96 1i,66~.46 L~EPAF'TMENT TOTAL =___> 14,849.75 CITY OF 04~IASSO GEIiEP,AL FUi?D _.' 03;9" ~ :57: v4 A P CLAIMS REFC=;? APAPVR F'AOE: E °C ~ VEI?L?C!R DEL _.-.~°':IOIi A~1~OC~t?T --- ------- ------------------------- ---------------------- --- ------------- --- ------- -------------------- ~ 9705~~~`? AT"<T 4'IIRELESS SE:?VIr'EG PHOtiE USE-SEiiIOR VAI? 1.40 9?0558 KIMBALL ACE HARL?WARE PAIi?T, REPAIR SUPPLIEG 2b7.64 ',71250 ;~; 4~I GRAIKGER II1C MAII?T!P,EPP.IR GUFPLIEC ~ =' ? ~:,.9~ ' e~l,}r~2 CHERC'KEE BUILDIIiG MATERIP. - CEILIPIG TIL E~ 21.51 ~714'~8 OKLAHOMA NATURAL GAC~ 11 '?~_, UGE 500.80 ~ S'?14C0 PSO 11:95 USE 381.2 DEPARTMEI?T TOTAL =___~ 1..'47.5.0 PARc. MAii?TE?iAt~CE ------------------------------ 970757 DAVID bdARREPI 9?~ '_ ~ HU!~HES LUMBER CO .,~~~ X71354 BOLT E~3UIPMEKT `-'71t~:y AT {~T ;~:IRELESS SERVICE~~ 971410 HCTGHLJ LUMBER CO 9?41=~ GARRETT ~~IGIiS 97142;? YALE U"IIFORM REriTP.L 9"1428 OKLAHOMA 1?ATCTRAL GP.S ~''14~?0 PSC TUITIOti R£IMBUP.SEMEtIT REPAIR SUPPLIES CYL HEAD-TRACTOR PHGI?E USE-k'rRREPi P.EPP.IR SU°PLIES PARI;~ ~IC~:?~ U.IIFORId RE,'CLEAt? 11!95 USE 11 i S'S USE 85.50 1c~~'7 1,10.04 Y.3^ X4.25 b0. U0 94.40 91.Vo 54b.24 L'EPARTMEI•IT TOTAL = _ _ _ :> ' ECO*IQMIC DEVELOPMEPIT ------------------------------ 970b20 AT&T WIRELESS SERVICES UEPARTMEHT TOTAL =___> PHONE USE-HEHDERSOI? 0~9. '~ ~, 35.54 35.54 FUND TOTAL =___> 30,789.38 CITY OF OGlASSO ldOkKERS' COMP SELF-I?iS PLAti `~°!`~'~ -:`?:5~ :.!F CLAIMS RErOyT AFAP~'I~ PAGE: =' ~ 'EI~i'~OR LE'.CRI°TIO?i A?lt0i~?iT ---------- ------------------------- ------------------------- ------------- ,_~t.IFt~ST, i=Q,T~'R;^"tt~ElaT ------------------------------ 9?C~4~ kAL`IOLr''~Y CO?i~TILTAPiT~~ OF J'~ J~. rJ D TO?i°~ !"2~!'~6 U L~ Gf / fy ~~~ JVO• y"i~~~~:: O;yAi~~O DRU!~ E PALES 1Q%'E1/!q" y~ ,r .Gv y?12:34 TERESA FII~AkOC MD B PALES 10i'c;1i96 3~}.~i! ~?1?9.°~ TEPESA PIHAkOC MD S ~;AUDOFIS~ 14i?1;~96 ?~.1` ="' 425 TREAS[lREP, PETTY CA'~H R PAR~~LEY ? i; i5ig6 6.15 DEFARTMEI~T TOTAL = _ _ _ ~ 515.:' FIi?iD TOTAL =___; 515.2G CITY OF OI~IASSO AMBULANCE SERVICE FUP?I~ ';'03/"? ._.:5";`4 P.~P CLAW'S REPGRT AFAFVR F'AGE: ~°~~ ---------- rEtlr; A ----------------- r;~ p?~~T -------- --------------------- arirT;x- ---- ------------- r.... . i. ----------- ----------------- -- ~ 4'''125? FACE F'P.CLIUCTS C1F TTJL'=A IIi AMBULAI~CE JUrF'LIES 58.OC 9?1'~0? ALL.IAt~CE MEDICAL, INC. At4BULAPICE 'L;;F'FLIES 4'11.24 4?iJbi L~YPIA MEi AP~iBCiLAN~~E E~U:'F'LIES 110.50 ~:~EFAF:fih?EtiT TGTAL =___} 1, 0?y.?4 PUPIL' T~GTAL =___} 1,079.?4 CITY OF 049ASS0 E - ?11 %' "? : ~' ^ ~~ : ~'' : `4 A:"F CLAIMS REPORT r'r AFAFVR Fkv,.. _ .. vEi:UOR. ~E.r-C~RIa'TIOt~ ?. rte' ~ :I1v~'2iT ---------- ------------------------- ------------------------- ------------- -,, ~,-.y. ;`_~Jr.a~ajrr~T`~ATI(li~~: ~ . L i . '?'`'r~l?'~ '=~n'?T!-IWESTEF..H FELL TELE E-91? SEP.VICE 1,84~#.tl L?EFF.RTMEIT TOTAL = _ _ _ ~ 1, 844 .'1 ., F'~IIL~ TOTAL =___~ 1,844.1 CITY CF OtAlP.SSC CITY GARP.GE y, ~; r., _i; 54 t r ~~~G v ` `'~-''°~ ' `~: A. P GLAIMo R-. ~..T APAP4R PACE: i2 PLC ~ VE??UJR DESC:°IPTIv?i AMCJr~T ---------- ------------------------- ------------------------- ------------- ~'~'"~ C:E.~Ar~C ------------------------------ 9''D95` MILEAGE MASTEF.S TIRES/REPAIP.S ~?7,40 971175 ~IILLIAMS REFUSE EG}GTiPMEHT DRItJELI?IE REFAIP. 1, 879.00 ~'?1183 YALE Ut`?IFCR?'f P.E?iTAL UMIFCF,'tR CL£AtiiRE?9T 'C7,~0 971205 OFFICE DEPOT CARD PLAN CFFIGE SUPPLIES 4.C1 97120 !'! ta! GRAIP{GER I~IC MAI?iT/REFAIP, SUPPLIES '4.55 971305 CHLAHOMA CHEMICAL ~r E~.~UIP POWEF. 41ASHER PUMP 53.52 97 147 CF.CW BURLI?iGAME REPAIR SUPPLIES 29,75 ?71347 CROW BURLIHGAME REPP.IR PARTS 438,50 97 148 SAM'S CLUB GLEAHIAIG SUPPLIES 52. i4 x71349 'DIAL-MART REPAIR/MAI?iT SUPPLIES 8.9b 971349 6~lAL-MP.RT UI?IFOR?4 COVERALLS 49,81 971350 BIG "A" AUTO PARTS TULSA P.EPAIR PARTS 74.50 971352 IPiTERSTATE BATTERY SYSTEM BATTERIES 221.8G 971:'55 fdELSC:'C I?iC CYLIi3DER FE7`ITAL 30.57 9713b9 RYA?iS HYDP.P.ULIC REFAIP. REPAIR HYDRAULIC GCPiTRCL 87.75 971400 DARF. E~,~UIPME?~T REPAIR PP.RTS 242.44 97140` KEYSTO?iE EC~UIPMEHT CC REPAIR PARTS 78,18 °71405 2P MAPIUFAGTUF.I?iG CO. HA?iL: GLEAIs£R 78.97 47140" THCMPSCP~ DIESEL IHG GE?i£RATOR F'EPAIR 479.7 5 971;25 Tt?EASURER PETTY t;ASH REI?'1B PETTY t:A~,H 5.'x0 97142 OKLAHOMA NATURAL GAS 11.'96 USE 54.2,15 971430 P~~O 11r 95 U~:E 83.53 DEPARTMEP~T TOTAL =___> 4,740.53 FUND TOTAL =___> 4,740.53 CITY OP OWASSO CAPITAL IMPROVEAiEIITS .'''3i'~? 5:5^: `4 AiP CLAIMS REPOF.'T APAPVR PACE `~' ~ t~EI:UOR L~E'=;CF'T°':'I~~JPi :PiO:P,T ---------- ------------------------- ------------------------- ------------- L!RAIkIA=~E ------------------------------ Q?C~454 HU~_HES L?1MBEP CO L~EPARTMEtdT TOTAL =___ HALE ACP.ES PROJECT 33.?' 33 . F?PAID TOTAL =___> GRAAID TOTAL =___> J3.l~? 139, 483.E 9 i; CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/21/96 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES ce Fin a n 0.00 8,01 9 .25 y 1• ~(~~~`` ~~OO(( ;1• ~ 7 Cc~~tuIy ~~'Y'~l~~p#:n'4 ...... ... ....... .~R~ ... ,...... ~! y ... ~r~~Y'1 2~ •. Municipal Court 0 00 1 487 82 . .. ::::..... ... ....... ..... :::::.:........:::~.:..... ~ . ............ .:::...........:. ~ ........k.:..:..:.......:.:::::: ......:.:r.:: :.:.:. ::.: Su ort Services 105.00 3,550.19 ............................................................................. ...:...........................................:......................... ..........................::..:. Central Dispatch 314.09 5,084 r86 ::::.:::~:::::.:::.:~:.~.~.~.~. .::: ~.~.~:::::::::.~ :::::::::::::::::::.: :::::::::::::::::::.:::: :: :.:::::: ......................................................... ::::::........:::: .............................:::::::: ::: ::.: Fire 366.46 33,507.35 .::.......................................................................... ......................................................................... ................................ Community-Senior Center 0.00 2,728.57 -~ ~ ~~~i~~ ~ ~: ~?`~ ~~ ... . ..~:.~ :::::.::::::.~:.~:.~:. ............................................................................. ............................................................................. ~....::::::::::::::::::::::::::.:..:....:.: .:.:.:::.~::::.~:: . ........................................................................ ................................................ n ....................... ::::::.. . ..~ .::: ..... ....::::: z.::::::::::::::::::: Economic Development 0.00 1375.54 APPROVE O1\07\97 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/21/96 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Garage $31.65 $2,313.66 APPROVE O1\07\97 Mayor Council Member Council Member ~~~ RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 918-582-7447 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO, OKLAHOMA FROM: RONALD D CATES CITY ATTORNEY FAX 918-582-0166 SUBJECT: OWASSO ECONOMIC DEVELOPMENT AUTHORITY - ONEOK INC ONG WORKSTATION SITE PROJECT-SANITARY SEWER EASEMENT LOCATED ON THE S/2 OF THE NE/4 OF THE NE/4 SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY - HAAS- EDISON TRACT ' DATE: December 30, 1996 BACKGROUND: Over the past several weeks I, together with Ms Angela Henderson, Economic Development Director for the City of Owasso, Oklahoma, have been engaged in negotiations with representatives of the Haas-Edison family for purposes of securing by consent a twenty foot (20') permanent sanitary sewer easement with temporary working space adjacent thereto for the purpose of construction, location, operation and maintenance of a sanitary sewer to facilitate the ONEOK Inc ONG Work Station Facility being constructed at approximately 96th Street North and Garnett Road. During the course of such negotiations, considerable input and direction has been provided by City Manager Rodney Ray, Public Works Director Robert Can and City Planner Timothy Rooney. As a result of such negotiations, a tentative agreement has been reached with representatives of the Haas-Edison family, which would enable the City of Owasso, Oklahoma to obtain the desired temporary and permanent sanitary sewer easement required for the ONEOK Inc project with the consent of the landowners, and thus avoidance of condemnation proceedings relating thereto. Understandably, such tentative agreement, although approved by the members of the family as evidenced by their signatures contained on the accompanying documents, requires approval of the City Council of the City of Owasso, Oklahoma prior to the contractor engaged by the Owasso Economic Development Authority proceeding with construction of such sanitary sewer line. ONG WORKSTATION PROJECT EASEMENTS DECEMBER 30, 1996 PAGE 2 TENTATIVE AGREEMENT: Presented for the Council's consideration is approval of a proposed agreement between the Haas- '~ Edison family and the City of Owasso, Oklahoma, as well as acceptance of a proposed sanitary sewer easement with stipulations contained therein. To assist the City Council's addressing the substantive portions of the agreement, as well as the sanitary sewer easement, I will categorically refer to the requests on the part of landowners, as well as provide brief comments relating thereto. NUMBER ONE: ANNEXATION-ZONING ~ The members of the Haas-Edison family are desirous that the City of Owasso, Oklahoma annex, at the City's expense, the twenty (20) acre tract owned by the family into the corporate limits of the City of Owasso, Oklahoma. In this regard, it is first noted that such tract is contiguous ~ to the corporate limits of the City of Owasso, Oklahoma and, therefore, may be lawfully annexed within the City. Secondly, after discussions with City Manager Rodney Ray, City Planner Timothy Rooney and Economic Development Director Angela Henderson, it was the collective opinion that annexation of such property within the corporate limits of the City of Owasso, Oklahoma would be desirable, considering the growth patterns of the City as well as the revenue potential which would be realized by the City with such property, as developed, being within the city limits. Furthermore, annexation of such property at the City's expense was collectively determined to be a nominal matter considering the potential alternative cost associated with condemnation of such real property. The Haas-Edison family requests that the west fifteen (15) acres of the property continue to retain the Townhouse zoning which exists under Tulsa County zoning for the entire twenty (20) acre tract. This, it is submitted, may be lawfully accomplished in accordance with the Zoning Code of the City of Owasso, Oklahoma, by annexation of such twenty (20) acre tract with retention of the existing zoning as provided by Tulsa County, of such being the Townhouse zoning classification. Additionally, the Haas-Edison family requests that the City of Owasso, at its expense, rezone the eastern five (5) acres which fronts Garnett Road to a Commercial '~ Shopping (CS) zoning classification. Discussions with Timothy Rooney, City Planner, evidences such request for the rezoning of the eastern five (5) acres from Townhouse zoning to Commercial Shopping is not only consistent with the Comprehensive Plan for the City of Owasso, Oklahoma, but likewise desirable considering the commercial development along ~' Garnett Road. Again, the expense associated with rezoning would be nominal considering the alternative expense associated with condemnation. NUMBER TWO: DEVELOPMENT The Haas-Edison family requests that the City of Owasso, Oklahoma agree to reasonably ~' cooperate with development of the property and not unreasonably withhold approval of ~, development plans for construction on the property. In this respect, it is submitted that such request constitutes nothing more than recognition of what the City of Owasso, Oklahoma would be legally required to do. As you are aware, property interests are protected by the Fourteenth Amendment to the United States Constitution, as well as the Constitution of the State of ONG WORKSTATION PROJECT EASEMENTS DECEMBER 30, 1996 PAGE 3 Oklahoma. In that regard, the City of Owasso, Oklahoma, as a governmental entity, cannot act arbitrarily, capriciously or unreasonably or such would be violative of due process of law. Furthermore, any action on the part of the governmental entity which could be determined as destroying the economic utility of such property could be construed as a taking under the Fifth Amendment of the United States Constitution, thereby resulting in a compelled payment for the entire twenty (20) acre tract. Accordingly, it is submitted that agreement with the request on the part of the Haas-Edison family as relates to development is nothing more than recognition of constitutional limitations upon the powers of a public entity as relates to a property owner's enjoyment of such property rights. NUMBER THREE: EASEMENT STIPULATIONS The most notable of the easement stipulations proposed by the Haas-Edison family as embodied within the sanitary sewer easement, are those set forth in paragraphs Five (5); Six (6), and Seven (~. Essentially, the Haas-Edison family is requesting in exchange for granting the sanitary sewer easement, both temporary .and permanent, that they be provided ten (10) sanitary sewer line taps at no cost to the Haas-Edison family or their successors in interest. Initially, it should be noted that historically, public acquisition of easements for the purpose of water line or gravity flow sewer line construction, location, operation and maintenance without payment of compensation as would otherwise be required by the Constitution of the United States and the Constitution of the State of Oklahoma is not unusual. Although discussions with Public Works Director Robert Can indicate that five (5) taps would be sufficient to facilitate the development of the tract, after discussions with City Manager Rodney Ray, I offered ten (10) taps to assure the family that there would be more than adequate sanitary sewer connection to allow the complete development of the twenty (20) acre tract. ~ The Hass-Edison family next requests that if and in the event maintenance of the sanitary sewer line necessitates disturbing any road, curbs, pathways and bridges located on the property subsequently constructed by the Haas-Edison family or the successors in interest, then in such event, the City of Owasso, Oklahoma would repair and/or replace such to their like condition. In that regard, considering this is a consensual grant of a sanitary sewer easement and the exact location of any future infrastructure improvements is at this point unlrnown, such request is not unusual. In all likelihood, subsequent development plans embodying infrastructure ' improvements on the property would be designed so as to avoid most, if not all, permanent improvements across the sanitary sewer easement. Understandably, staff review and recommendations relating to such infrastructure improvements of this nature would most ~ certainly encourage avoidance of such crossings. Nevertheless, assuming such crossings prove to be necessary, the repair or replacement of infrastructure improvements under the circumstances presented in the consensual grant of the easement, are not without precedent. Many times public entities, in the maintenance of existing or construction of new public facilities, are faced with the task of replacement of the curbs, portions of driveways and walkways, as well as portions of streets. Accordingly, it is submitted that the request on the part of the Haas-Edison family, considering the development plans at this stage are .r undetermined, is not unreasonable. ONG WORKSTATION PROJECT EASEMENTS DECEMBER 30, 1996 PAGE 4 RECOMMENDATI It is recommended to the City Council of the City of Owasso, Oklahoma that the agreement between the Haas-Edison family and the City of Owasso, as well as the acceptance of the sanitary sewer easement, be approved by the City Council and authorization given to the Mayor of the City of Owasso, Oklahoma to execute such on behalf of the City of Owasso, Oklahoma. Should any member of the City Council of the City of Owasso, Oklahoma have any questions or concerns pertaining to the foregoing, I would urge that you contact me, City Manager Rodney Ray, City Planner Tim Rooney, Economic Development Director Angela Henderson and/or Public Works Director Robert Can regarding such comment or concern. 1 1 1 1 1 1 1 1 1 1 1 PRAY, WALKER, JACKMAN, WILLIAMSON & MARLAR A PROFESSIONAL CORPORATION ATTORNEYS AT LAW KEVIN M. ABEL 900 ONEOK PLAZA / 100 WEST 5TH STREET' OKLAHOMA CITY OFFICE TULSA, OKLAHOMA 74103-4218 TELEPHONE (918) 581-5500 FACSIMILE (918) 581-5599 December 20, 1996 Ronald D. Cates, Esq. 525 South Main Suite 680, ParkCentre Tulsa, Oklahoma 74103 TELEPHONE (405) 236-8911 FACSIMILE (405) 236-0011 RE: S/2 NE/4 NE/4 Section 19, Township 21 North, Range 14 East, Tulsa County ("Subiect Propert~l Dear Mr. Cates: This letter documents the agreement between Jeraldine Frances Haas Edison, David Paul Haas, Sandra Kathleen Haas Harrell, and Shirley Marie Haas Cleveland (the sewer line easement "Grantors"), and the City of Owasso (the sewer line easement "Grantee") for and in consideration of the grant of the sewer line easement, annexed hereto, across the Subject Property. 1. Annexation Authorization. Grantors hereby consent to the annexation of the Subject Property into the city limits of Grantee. 2. Annexation/Zoning. Grantee shall: (a) annex, at Grantee's expense and efforts without any expense to Grantors, the Subject Property into the city limits of Grantee; (b) secure, at Grantee's expense and efforts without any expense to Grantors, the rezoning of the East five acres of the Subject Property to commercial-CS, and (c) maintain, at Grantee's expense (if any) and efforts without any expense to Grantors, the townhouse zoning which exists on the West 15 acres of the Subject Property at the time of the execution of this letter agreement. 3. Development. Grantee agrees to reasonably cooperate with any development of the Subject Property by Grantors, and Grantee shall not unreasonably withhold approval of development plans submitted by Grantors for. any construction on the Subject Property. Grantee Ronald D. Cates, Esq. December 20, 1996 Page 2 shall provide whatever sewer system capacity is necessary for the full development of the Subject Property, without any additional cost to Grantors. OMNIBUS PROVISIONS 4. Advice of Counsel. The parties hereto admit that they have been represented by counsel in the negotiation and preparation of this letter agreement and each has fully read this letter agreement, has had it fully explained by counsel, and is fully aware of the contents and legal significance thereof. _ 5. Scrivener. This letter agreement shall not be construed in favor of or against any signatory hereto, but shall be construed as if all involved herein prepared it. 6. Assignment. Subject to the foregoing provisions, the covenants contained herein shall inure to the benefit of, and be binding upon, each and every one of the signatories hereto and their heirs, representatives, successors and assignees. 7. Governing Law. The validity, construction, and performance hereof shall be determined in accordance with the laws of the State of Oklahoma applicable to agreements made and to be performed in Oklahoma, and the venue of any litigation of any issue pertaining to this letter agreement shall lie in Tulsa County, Oklahoma; inasmuch as, the signatories hereby acknowledge and stipulate that this letter agreement was negotiated, made, executed and ~ delivered in Tulsa County, Oklahoma and the subject matter hereof arose in Tulsa County, Oklahoma. 8. Severability. If any term, provision, covenant, or condition of this letter agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the balance of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 9. Waiver. The waiver of or failure to assert any breach of the terms of this letter agreement shall not be a waiver of any further or subsequent breach and shall not act as an estoppel of the right to assert any further or subsequent breach. 10. Attorney's Fees. In the event of any breach hereof and resulting litigation, all costs of suit plus reasonable attorney's fees shall be awarded to the prevailing party. 11. Amendment. This letter agreement may not be amended except by a subsequent, written agreement executed by all of the parties hereto. Ronald D. Cates, Esq. December 20, 1996 Page 3 Please have your client execute this letter agreement. Thank you. Very truly yours, Kevin M. Abel cc: Mr. Kent Harrell via Hand-delivery ACCEPTED this oL ~ day of December, 1996. "GRANTORS" ~~ eraldine Frances Haas Edison Sandra Kathleen Haas Harrell LLJ.ce flA.~~ David Paul Haas Shir y Marie Haas Cleveland ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Jeraldine Frances Haas Edison, David Paul Haas, Sandra Kathleen Haas Harrell, and Shirley Marie Haas Cleveland, personally known to me to be such, acknowledged that they executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated ~~~ c My Commission Expires: Ronald D. Cates, Esq. December 20, 1996 Page 4 ACCEPTED by the City Council of City of Owasso, Oklahoma, this Zh day of peeafft 1996S. �ahta�y % "GRANTEE" ATTEST: Marcie Boutwell, Cit Clerk CITY OF OWASSO$ OKLAHOMA Danny Ewing, or ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Danny Ewing, Mayor of the City of Owasso, personally known to me to be such, acknowledged that he executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated Notary Public 1 My Commission Expires: f: \usen\kw.klla\owasso,agr Ronald D. Cates, Esq. December 20, 1996 Page 4 ACCEPTED by the City Council of City of Owasso, Oklahoma, this day of ~ December, 1996. "GRANTEE" CITY OF OWASSO, OKLAHOMA ~ Danny Ewing, Mayor ATTEST: Marcia Boutwell, City Clerk ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Danny Ewing, Mayor of the City of Owasso, personally known to me to be such, acknowledged that he executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated Notary Public My Commission Expires: f: \usersUcma\ltrs\owasso.agr SANITARY SEWER EASEMENT This Indenture made this ~ day of December, 1996, between Jeraldine Frances Haas Edison, David Paul Haas, Sandra Kathleen Haas Harrell, and Shirley Marie Haas Cleveland ("Grantors"), and The City of Owasso, Oklahoma ("Grantee"). WHEREAS, Grantors are the owners of the legal and equitable title to the following real estate situated in Tulsa County, State of Oklahoma: The South Half of the Northeast Quarter of the Northeast Quarter, (S/2 NE/4 NFJ4) Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof ("Subject Property"); WHEREAS, Grantee desires to construct a sanitary sewer line across the Subject Property, said line to be located on the following described real property: A tract of land, twenty (20) feet in width, in the Northeast Quarter of the Northeast Quarter, (NFJ4 NE/4) Section 19, Township 21 North, .Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof, the centerline being more particularly described as follows: Commencing at a point in the east line of the NE/4 of said Section 19; a distance of 668.75 feet south of the Northeast Corner thereof to the point of beginning; thence N 89°57'26" W, a distance of 250.00 feet; thence N 89°57'26" W, a distance of 281.03 feet; thence S 52°00'08" W, a distance of 258.98 feet; thence S 48°53'34" W, a distance of 300.00 feet; thence S 65°25'22" W, a distance of 189.39 feet; thence S 52°24'52" W, a distance of 223.65 feet ("Easement Property"). NOW, THEREFORE, Grantors, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by Grantee, and other good and valuable considerations (including but not limited to the mutual promises, conditions, and covenants set forth in Letter Agreement ~ between Grantors and Grantee of same date hereof), receipt of which are hereby acknowledged, do hereby grant and convey unto the said Grantee, a perpetual easement located on the ' Easement Property, through, over, under and across the Subject Property described above, subject to the following conditions, restrictions and requirements: 1. This easement is granted for the purpose of permitting Grantee to construct a sanitary sewer line through, over, under and across the Subject Property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording Grantee, its officers, agents, employees, and all persons under contract with Grantee, the right to enter upon the Subject Property and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, and maintaining said sanitary sewer, and for the further purpose of enabling the said Grantee to do any and all convenient things incident to such construction, operation, repairing, and maintaining of such sanitary sewer; 2. Said Grantee and its officers, agents, employees, and all persons under contract with it shall have the right during the construction of said sanitary sewer to the use of an additional working area or strip of land described as 20 feet in width, on each side of the permanent easement, for the purpose of operating machinery, temporarily depositing soil from excavation in the construction of said sanitary sewer and for all other necessary and reasonable uses in connection with the construction of said sanitary sewer; 3. The sewer line to be constructed by Grantee shall be a single sewer line. Upon completion of construction, Grantee will not be permitted to change the size or capacity of the sewer line or add additional lines, without the written permission of Grantors. Grantee will be permitted to maintain and repair the sewer line in its completed state pursuant to paragraph 1, supra; 4. There shall not be more than 5 manholes placed on the Subject Property. All manholes placed on the sanitary sewer line on the Subject Property shall have not greater than a 48 inch inside diameter; have watertight manhole covers; and be located at finished ground level. 5. The sanitary sewer line shall include ten (10) taps (at no cost to Grantors) at locations designated by Grantors across the Subject Property, adequate and sufficient to allow lateral line connections from multi-use units located on the Subject Property; 6. Grantee will be responsible for the replacement and/or repair costs to any improvements on the Subject Property, including but not limited to, roads, curbs, pathways, and bridges located thereon damaged by the construction, operation, maintenance or use of the easement or work performed on the sewer system. All rock and debris as a result of or use of the sewer system on the Subject Property will be .removed with the surface graded and seeded with grass at the cost of Grantee; and 7. Grantors reserve aright-of--way across the Subject Property and Easement Property for the construction of bridges, roads, paths and all other avenues of ingress and egress necessary to develop the Subject Property. 2 EXECUTED the day and year first above written. "GRANTORS" ~ ~~~ ~~~ eraldine Frances Haas Edison Sandra Kathleen Haas Harrell ~1.c.e David Paul Haas Shirle Marie Haas Cleveland ~ 3 Accepted by the City Council of City of Owasso, Oklahoma, this day of December, 1996. "GRANTEE" ATTEST: CITY OF OWASSO, OKLAHOMA Marcia Boutwell, City Clerk Danny Ewing, Mayor 4 ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Jeraldine Frances Haas Edison, David Paul Haas, Sandra r Kathleen Haas Harrell, and Shirley Marie Haas Cleveland, personally known to me to be such, acknowledged that they executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. N ry btL My Commission Expires: ~ [SEAL] ' Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Marcia Boutwell, City Clerk, and Danny Ewing, Mayor, personally known to me to be such, acknowledged that they executed the above and foregoing ' document freely and voluntarily and for the uses and purposes therein stated. Notary Public My Commission Expires: [SEAL] ..kjr\misc~sansewer.eu 5 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT -BRENTWOOD PARK DATE: January 3, 1997 BACKGROUND The City of Owasso has received a request to review a final plat from Silver Creek Development for their proposed development titled Brentwood Park. Brentwood Park is located east of the existing Brentwood Estates subdivision and would contain approximately 8.41 acres of single- family residential housing upon completion, totalling 20 lots. The preliminary plat for Brentwood Park was approved at the October 8, 1996 regular Planning Commission meeting. The Technical Advisory Committee reviewed the final plat during the week of November 4, 1996. The Technical Advisory Committee was delivered a copy of the final plat for Brentwood Park with a memorandum requesting their review prior to Friday, November 8, 1996. Comments were received from PSO stating that the utility easements shown on the Brentwood Park final plat satisfy their requirements. TCI contacted staff via telephone to state that they had no comments with the final plat. Lee Miller of ONG contacted staff via telephone that the final plat shows the existing 17.5' utility easement filed with the book and page along the southern boundary of the addition, but it needs to be indicated as an ONG easement and identified in Lots 19 and 20. Also, continue the 15' u/e around the cul-de-sacs. in the front of the lots, not just along N. 139th E. Avenue. These comments/corrections are included on the enclosed final plat for Brentwood Park. Mr. Lutz of the Engineering Division of Public Works also reviewed that final plat for Brentwood Park and had no additional comments and/or corrections. Construction plans, although limited because of existing infrastructure being utilized from Brentwood Estates, have been reviewed and approved by Mr. Lutz. The necessary permits from DEQ have been issued verbally, copies of which are anticipated to be available Tuesday evening. As stated during preliminary plat review, planning staff comments had concerned the inclusion of a sidewalk along E. 86th Street North. The acceleration and deceleration lanes already. exist along the entrance off of E. 86th Street North, however the requirement for sidewalks with development along arterial streets was not a portion of the Subdivision Regulations when Brentwood Estates developed. The applicants will be required to add sidewalks along the portion of E. 86th Street North that abuts their portion of the development. In addition, the applicants will continue the same type of fencing along E. 86th Street North found at Brentwood Estates. The zoning of the subject property is RS-2 (Residential Single-Family Medium Density) which is identical to that of Brentwood Estates. The lot sizes are comparable in nature and the covenants proposed by the applicant are identical to that of Brentwood Estates. A copy of the Brentwood Estates plat is attached for your information and review. The Planning Commission unanimously approved the final plat for Brentwood Park. RECOMMENDATION Staff recommends Council approval of the final plat for Brentwood Park. ATTACPIlVIENTS 1. Brentwood Estates plat ENCLOSURES 1. Final plat and covenants for Brentwood Park. MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FRO1Vi: PHII~ LUTE, P.E. ENGINEERING PROJE AGER SUBJECT: ACCEPTANCE OF WATER AND SANITARY SEWER SYSTEMS BF:ENTWOOD PARK DATE: January 2, 1996 BACKGROUND: The subdivision is located on East 86th Street North, three-forths mile east of 129th East Avenue (see attached map). The utilities consist of 2,200 LF of 8-inch sanitary sewer lines and 1,070 LF of 6-inch water lines. Oklahoma Department of Environmental Quality construction permits No. SL000072961001 for sanitary sewer and WL000072961000 for water lines were verbally approved on December 20, 1996. Receipt of permits is forthcoming. Designs for these systems were reviewed and construction inspected by Public Works personnel in accordance with City of Owasso standards. A final inspection for the water and sewer systems was conducted by Public Works personnel on January 2, 1996. No deficiencies were found. Water pressure and chlorination tests were conducted on January 2nd and 3rd. All tests passed. One-year maintenance bonds for the water and sewer systems have been provided (see attached). The bonds will become effective upon Council acceptance of the utilities. RECONIlVIENDATION: Staff recommends Council acceptance of the water and sanitary sewer systems for the Brentwood Park subdivision. ATTACHMENTS: 1. Location map 2. Maintenance Bonds W Q 0 ~ 8TH ~T 95TH ~ 95TH CT PL p 1.6~~e ~ e ~~ ~1 ~l1V~c~ Q 94TH ~~~~ ~Q~~ 94TH PL W v/ ~ ~~~~~~~ ~ 93RD STN ~ 0 ~~~ C, ~' Q(M] 94TH ST M ~Qa~ o W 92ND PL o ~ ~ 82ND T ~ M /fin ~~UV~~L=dL~ M M M ~ PQ ~' ~` ~ (n C~a[n~Df~a PQG°~a ~ v / 92ND ST 91 ST z `~ 'r 9O ~~ 90TH W Ty ^ M o Q~ ~i ~ ~~~uV I' poop I I TH ~ g H N "' r? 89TH BRENTWOOD ~- PARK 88TH M 89TH N 88TH ~'::::?:::>. ~ a~a~~ooo Q; >: ~- R~°, ~ 87TH ::~:: P6 N. 8 8TH ~ T ~^ ~ ~ 87TH `- N 85TH 84TH LOCATION MAP 8 " BRENTWOOD PARK _ ~ ~ CITY OF OWASSO, OKLAHOMA N PUBLIC WORKS DEPARTMENT J, n-03-97 ar :;4t. ~. ~.•. n ~~~_~ 09:57A LANDCO CONSTRUCTION 918-371-5581 MAINTENANCE $OND Bond #10913 P.02 KNOW ALL MEN HY THESE PRESENTS, That we Landco Construction Company, Rt. 3, Box 2290, Owasso, OR 74055 as Principal, and victore Insurance Company aS Surety, are held and firmly bound unto Silvercree Deve opment, LLC, 8301 N. Owasso Expressway, Owasso, OR 74055 as Obligee, in the penal Sum Of Twenty Eight T ousan Five Hun red Fifty Five ~ 70/100-----------------------------($ --28,555.70-- ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. - WHEREAS, the said Principal entered into a contract with the Silvercreek Development LLC dated for Water To Serve Brentwood Park, Owasso, OR WNER£AS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and ' WHEREAS, the said contract has been completed, and was approved on day of 19 NOW, THEREFORE, T#iE CONDITION OF THIS OBLIGATION I8 SUCR that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent durin~ the period of one year(s) from and after acceptance of he project then this obligation shall be void. otherwise to remain in full force and effect. SIGNED, SEALED AND DATED This 7th Day of Janaury, 1997 Landco Construction Company (Sea 1) Principal gy. Victore Insurance Company (Sea 1) Suret _ By: Attorney-In-Fact Sohn S. Wheeler Jan-03-97 09_58A LANDCO CONSTRUCTION VICTORE INSURANCE COMPANY 3817 NORTH WEST EXPRESSWAY, SUITE 230 OKLAHOMA CITY, OKLAHOMA 73112 KNOW ALL MEN BY THESE PRESENTS 918-371-5581 P.03 05660 POWER OF ATTORNEY That VICTORE INSURANCE COMPANY a Corporation duly organized under the Taws o[ the State of Oklahoma, having its ptinapal office in Oklahoma Ciry, Oklahoma pursuant to the following tzsolution which is now in full force and effect: "Iltat the President may from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authoriry as his certificate and other writings obligatory in nature of a bond, and such officer or the $oard of Directosa may at atry time remove such appointee and revoke the power and authority given him" does hereby make and appoint: ***** JOHN S. WHEELER, BRADLEY L. McCRORY, ROBERT C. BATES ***** its true and lawful Attornry(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge aad deliver in its behalf, and as its act and deed, as follows: All bonds «cept Bait Bonds not to exceed on arty single instrument * * * * * $ 2 S 0 , 0 0 0 . 0 0 This Power of Attorney is signed and sealed by facsimile under authority Of the following Resolution adopted by the Board of Directors of the Company at a meeting called and held on the 12th day of May, 1989. "Resolved, that the signature of the Chairman, Vice Chairman President, Executive Vice President, Vice President and Assistant Vice Presidents and the seal of the Compaay~may be affxed by facsimile on any power of attorney granted pursuant to the By-Laws, and the signacu~e crf the Secretary or an AAs~aua nt Seastary and the seas of the Company may be aI't"rxed by facsimile to atry certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the comparry. e4ny such power so executed and sealed and attifiod by artiGcate so executed and sealed shad, with trspect io any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WiTTIESS WHEREOF VICTORE INSURANCE COMPANY has caused these prtisents to be signed by its President and its corporate seal to be affixed this 15th day of JULY ,19 94 SEAL. (STATE OF OKLAHOMA) (County of Oklahoma) n;_ - -~~„ ~- Altus E. Wilder, III Oa this 15th day of JULY , 19 94 , before me , a Notary Public of the State of Oklahoma is and for the county of Oklahoma came Altus E Wilder, III, to me personally Imown to be the individual and ofGoer described herein, and oho emtrted the praxding iastrvmeat and acknowledged the exeattion o[ the same, aad bring by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal a~'ued to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as as officer were duly effaced sad :ubsaibed to the said instrument by the authority and diroctan o[ the aid corporation, aad that the resolution of :aid Compary, referred to in the preceding instrument, is maw in forme. IN TESTIMONY WHEREOF, I have hertuato set my hand, and affixed by officio 1 at Oklahoma City, Oklahoma the day and year written above. Notary Public, Oklahoma County, O ,Oklahoma My Commission Explrrs AUGUST Z7. 1997 °~a rr' n ?~~~ ~i, ~ _.~: CERTIFICATE I, the undersigned, President of VICTORE INSURANCE COMPANY a corporation of the State of Oklahomtt•Da iib3tE~SI'-CERTIFY that the Wt+egoiag aad attached Power of Attornry aad Certificate o[ Authority remains in full force and has not beenu~ro~iad Nrtlfecmott;, that the Resolution of the Board of Directors, asset forth In the Certificate of Authority, are maw in fora. - .-.~- Signed and Sealed st the said Comparry at Oklahoma City, Oklaloma, dated this 7th ~, ~ January-- . ~g ) 7 ~, -'~--~.' n ~- i~ -~ r J n-03-97 09:59A LANDGO CONSTRUCTION 918-371-5581 MAINTENANCE BOND Bona #11513 P.04 KNOW ALL MEN BY THERE PRESENTS , That we Landco Construction Company, Rt. 3, Box 2290, Owasso, OR 74055 as Principal, and Victore Insurance Company aS Surety, are held and f firmly bound unto 1 vercre eve oilmen I.Lc 8301 N. Owasso Expressway, Owasso, OR 74-55 as Obligee, in the penal sum of Forty Two Thousand Six sundred Ninety Four & 60/100_____________________________($ 42,694.60-- ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the Silvercreek Development LLC dated for Sanitary Sewer To Serve Brentwood Park, Owasso, OR WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and ` WHEREAS, the said contract has been completed, and was approved on day of 19 NOW, THEREFORE, THE CONDITION OF THIB OBLIQATION IB SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year(s) from and after acceptance of the project then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED This 7th Day of January, 1997 Landco Construction Ca~mpany (Seal) Pr nc pal -~~ By . ~. ~;= Victore Insurance Company ( Sea 1) ~`~. Surety :~- By '~= ttorney-In-Fact _~ Z._ .Tn}~n C _ GThPeI F.r Jan-03-97.10:OOA LANDCO CONSTRUCTION VICTORS INSURANCE COMPANY 3817 NORTH WEST EXPRESSWAY, SUITE 230 OKLAHOMA CITY, OKIAHOMA 73112 KNOW ALL MEN BY THESE PRESENTS 918-371-5581 P.05 05661 POWER OF ATTORNEY That VICTORS INSURANCE COMPANY a Corporation duty organized under the laws of the State of Oklahoma, having its prindpal office in Oklahoma City, Oklahoma pursuant to the following resolution which is now in full forte and effort: "Iltst the President may from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Compatty and may give air wch appointee such authority as his certificate and other writings obligatory in nature of a bond, and such officer or the Board of [);rectors may at ary time remove such appointee and revoke the power and authority given him" does hereby make and appoint: ***** JOHN S. WHEELER, BRADLEY L. McCRORY, ROBERT C. BATES ***** its taste and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, exowte, admowiedge and deliver in [ts behalf, and as its act and deed, as folknvs: All toads «apt Bail Bonds not to exceed on any single instrument * * * * * $ 2 5 0 , 0 0 0 . 0 0 * * * * * - This Power of Attornry is signed and sealed by facsimile under authority of the following Resolution adopted by the Board of Directors of the Comparry at a mating filled and held on the 12th day of May, 1989. "Resolved, that the stgnature of the Chalrtnan, Vice Chairman President, Ettecutive Vice President, Vice President and Assistant Vice Presidents and the seal of the Comppaatry maybe affnted by ~'acsimik on power of attorney granted uant to the By-Laws, and the signature of the Secretary or an Asaratant Secretary acrd the seal of the Compaq may be affixed by fa~~imile to any certificate of any cueh power, and arty power or aertiftcate bearing sucdt faaimile signatures and seal chaU be vaUd and binding on the company. Any such power so aerated and sealed and certified by certificate so executaf and sealed shall, with tsapoct to nay bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF VICTORS INSURANCE COMPANY has caused these presents to be signed by its President and its corporate sea! to be affixed this 15th day of IULY , 19 94 r ;........,..r, ti~ tA~1O~ri ~~ SEAL (STATE OF OKLAHOMA) (County of Oklahoma) o;~•• -_,;*~, •~~-- Attua E. wilder, III On this 15th day of JULY . 19 94 , before me , a Notary Public of the State of Oklahoma in and for the county of Oldahoma tame Altus E+ wilder, [II, to me personalty ImoMn to be: the individual and officer described het+eia, and who esoeatoed the preceding instrument sad acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he I6 the officer of said Company aforesaid, and that the sell affixed to the preceding itLttrvment is the Corporate Seal of said Company, acrd the said Corporate Seal and signatures as an o(15cer were duty affixed and subscribed to the said instrument by the authority and dimxion o[ the said corporation, and that the trsolution of :aid Company, ttfesrod to in the preceding instrument, is now in forte. IN TFST[I~[ONY WHEREOF, I have: het+eunto set my hand, and affnccd by o at Oklahota ary, Oklahoma the day and yrar written above. Notary Public, Oklahoma County, O ,Oklahoma trfy Commission Expires AUGUST27.1947 CERTIFICATE I, the undersigned, President of VICTORS INSURANCE COMPANY a axporation of the State of Qildslioma D(7'NF,REBY CERTIFY that the fotegoiag and attached Power of Attorney and Certificate of Authority rtmai~ In full [oroe and htts 4« boen_te~volted; fafd titrthermorc, that the Raoiutioa of the Board of Directors, asset forth in the Certificate o[ Authority; are now in force. ~= : ~~ - ~• •~'-- ~ . ;, _- _ _ % - Sigtted and Sealed at the said Company at Oklahoma City, Oklahoma, dated this 7th day o[ 3~1u`~'y .'.'9 ~' ' - • a -~ __ f~ r C r. ®' V' ~-. ._.. V ~' r= .~ ... ~--. C! ~. z ~~.. Lull h rn r+ L L,~ r. . ~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWA5S0 FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO PURCHASE RADIO REPEATER DATE: January 2, 1997 BACKGROUND: Field communications for the Public Works, Community Development and Parks Departments have, historically, relied on "hand-me-down" equipment from the Police and Fire Departments. The result has been an unreliable, antiquated system that now serves more than one-third of all the city's radio traffic, six base stations, and more than 25 mobiles. The central piece of equipment in that system is atwenty-year-old "repeater" that was given to the public works network when the Police Department bought a new repeater in 1990. For the past eighteen months, the repeater has regularly malfunctioned, causing significant down time for the system and resulting in radio traffic being restricted to that which can occur "unit-to-unit" . It should be noted that the "repeater" is the unit that picks up radio traffic from the mobile units and transmits that traffic from a taller antenna on a more powerful basis, thus allowing a four watt radio to actually transmit through a 100 watt transmitter. When the repeater fails, the radios on the system don't have the range or power needed to provide the necessary communication for those departments. Lack of communication can have an impact on worksite safety and efficiency. ~ On December 3, 1996, the City Council authorized the solicitation of bids fora 100 watt continuous duty programmable repeater, which would be capable of handling the volume and t type of radio traffic the system now serves. Contract documents and bid specifications were prepared and mailed to three vendors and an advertisement was placed in a local newspaper as required by law. Sealed bids were received from two vendors and were opened on ' December 20, 1996. Bids were received from Ericsson Inc of Oklahoma City at a total base bid of $9432 and from Total Radio of Tulsa at a base bid of $8520. ' When the staff reviewed the bids, there were questions raised concerning the transfer/charger bid by Total Radio. Repeated calls to Total, as well as to other Motorola dealers and the manufacturer, did not supply sufficient information to convince staff that the transfer/charger ' met the specifications contained in the bid documents. Because of the questions raised, a PURCHASE OF RADIO REPEATER DECEMBER 7, 1997 ' PAGE 2 decision was made by staff to remove the transfer/charger from the bid proposal. Total Radio ' did not bid the transfer/charger as a separate item, therefore, their base bid remains at $8520. Ericsson bid the transfer/charger as a separate item at $1116. When that item is removed from their base bid ($9430), the bid becomes $8316. With the removal of the transfer/charger, the 1 low bidder is Ericsson Inc of Oklahoma City, OK. Additionally, it appears that the repeater model bid by Total Radio is one that is no longer manufactured by Motorola and is not the latest model utilizing state-of--the-art technology as required by the Specifications. Calls to the i manufacturer have confirmed that the production of the model bid by Total has been discontinued. The staff has requested written verification of that statement. Should verification be received, it will be the staff s position that a discontinued model should not be purchased, ' regardless of the battery charger issue. Even though the manufacturer's representative states that Motorola continues to support discontinued equipment for seven years, purchase of such ' equipment as a communications centerpiece is not a prudent decision. SOURCE OF FUNDS• The FY96-97 budget does not include funds for this purchase, and the staff will request a r~ supplemental appropriation to the FY96-97 General Fund's Street Department budget in the amount of $8316. The funding for that supplemental appropriation is proposed to be from sales tax revenues that have been collected, but were unanticipated at the beginning of the fiscal year (for additional information, see memorandum attached dated November 26, 1996). ~ RECOMMENDATION: The staff recommends that the City Council award a bid for the purchase and installation of one ' 100 watt, continuous duty repeater as specified in the bid documents, to Ericsson Inc of Oklahoma City, OK in the amount of $8316, and authorization for payment; and further recommends the approval of a supplemental appropriation in the amount of $8316 to the General Fund's Street Department budget to fund the purchase. ATTACIIMENT: 1. Specifications 2. Bid Proposals 3. Memorandum dated November 26, 1996 RE: Request to Solicit Bids .... .w i~ SPECIFICATIONS I. INTENT It is the intent of the following specifications to set forth a minimum requirement for the purchase of a UHF Base Station/Repeater for the City of Owasso. Each proposed vendor is required to: A. familiarize themselves with the overall requirements B, provide new state-of-the-art equipment C. Provide complete installation - All exceptions to the specifications are to be listed on the equipment price sheet, along with the manufacturer and all model .numbers. Specification sheets and brochures for all proposed equipment are to be provided with the bid package. ii II. DETAILED TECHNICAL DESCRIPTIONS A. These specifications cover two-way radio communications equipment of the highest quality and performance, reliability, serviceability and versatility. The equipment bid will meet the current state of the art in its use of integrated circuits and microcomputers. The overall design shall meet or exceed the minimum specifications as described below. B. The base station shall be designed to operate over the temperature range of -30 to +60 degrees Celsius and at 90% humidity. C. The base station shall be mounted in a full upright, indoor, keylocked cabinet. D. The standard power supply shall be 115 V A.C. (f 10%). E. The base station shall meet or exceed all applicable F.C.C. requirements and be Type Accepted for the F.C.C. classification which is applicable for the intended service. The radios performance specifications shall be measured in accordance with specific referenced test procedures and/or as defined in the manufacturer's publications. i~ 1 F. The receiver circuit shall utilize high quality, long life transistors, diodes and integrated circuits throughout. The receiver shall be synthesized to operated on a single frequency of a duplex pair. G. The transmitter shall fully comply with E.I.A. Standards and shall employ only solid state circuitry utilizing high quality, long life transistors. The transmitter shall be synthesized to operate on a single frequency of a duplex pair. H. Unless already provided to the City of Owasso, separate programming software shall be available by the manufacturer to modify the base station frequencies and operations. The programming software and cable pricing will be provided and shall include a complete set of instructions. Updated versions will be sent directly to the City of Owasso. The software will operate on any true I.B.M. compatible P.C. using MS-DOS 3.0 or higher. I. Channel information shall be determined by programming an EEPROM to allow rapid reprogramming of the radio. Programmable functions shall include, but not be limited to: receive frequency, transmitter frequency and C.T.C.S.S. Requested, but not required, programming features include: transmit power level, carrier control timer, drop out delay timer and Morse code I.D. Programmed information shall remain in memory when the base station is turned off. Each unit shall be supplied as a completely functional combination, including radio set, power supply, power amplifier, free standing cabinet and all internal cabling required for standard operation. K. The base station shall include an internally mounted speaker with a volume control knob. L. An optional metering device capable of monitoring and adjusting transmitter and receiver levels shall be included in the bid on the summary page. M. A comprehensive instruction manual shall be supplied with the base station. The manual shall provide sufficient information, including schematics, troubleshooting diagrams, layout drawings, printed circuit board overlays, test and alignment procedures, interconnection diagrams and parts of the base station as required by a competent radio communications technician. N. The length of the warranty period will be stated on the summary page. 2 O. An internal 115 volt battery and transfer relay circuit will be quoted. The charging current shall be l0A at 12 volts D.C. A transfer circuit will sense loss of 115 V A.C. source and transfer power supply to external 12 volt battery supply. (The City of Owasso will supply the battery.) The battery charger will mount within the radio cabinet. P. MINIMUM RECEIVER PERFORMANCE SPECIFICATIONS Operating Frequency Band ........ . Sensitivity .................. Selectivity .................. Intermodulation ............... Frequency Stability ............ . RF Input Impedance ........... . Q. MINIMUM TRANSMITTER PERFORM UHF 450-470 MHz. .35 MICROVOLTS -95 dB -90 dB ± .0002 50 Ohms ANCE SPECIFICATIONS Operating Frequency Band ........ . RF Power Output (Continuous Duty) . . Modulation Adjustment ......... . Frequency Stability ............ . Audio Distortion .............. . Conducted Spurious and Harmonics .. . FM Hum and Noise ............ . UHF 450-470 MHz. 100 WATTS CONTINUOUS ±5 KHz. ±.0002 LESS THAN 3 -85dB -50 dB R. MINIMUM BANDPASS DUPLEXER SPECIFICATIONS Frequency Range ............. . Frequency Separation ........... . Insertion Loss ............... . Noise Suppression ............. . Receiver Isolation ............. . Maximum VSWR ............. . UHF 450-470 Mhz 5 MHz 1.3 dB or less 85 dB 85 dB 1.5 to 1 3 BID PROPOSAL -SUBMITTAL PAGE QUANTITY MODEL # DESCRIPTION BID I C~yR1Q~/0~'I UHF BASE STATION REPEATER ~ ~ v , 0 ~ I ~V/`! ~ 8~~ PROGRAMMING SOFTWARE/CABLE S~ O O Q I C ~ ~ TRANSFER/CHARGER --~ I C y 3 Z SERVICE MANUALS ~.~ INSTALLATION 3 Sd _ U ~ TOTAL BASE BID .......... $ ~ S~ O . a ~ OPTIONAL METERING DEVICE $ 3~/S, a 0 MANUFACTURER: ~ a ~ ~'' ~ I ~ WARRANTY PARTS: ~ 1/ rS, ~ SERVICE: ~ ~//S r- BID EXCEPTIONS : d ~P 1 + Q ~^ ~l V-n ~ q c r , „~~ ~ ~. v, c ~ - ~ - ,1 c, .~. ~ ~ 1 BID PROPOSAL -SUBMITTAL PAGE QUANTITY MODEL # DESCRIPTION BID I SX u~-Kj\ ~UI~F BASE STATION REPEATER ~ 31 ~o~' 1 PROGRAMMING SOFTWARE/CABLE 1 SXC~ ~L TRANSFER/CHARGER ~ \ \ \ ~ ~ 1 SERVICE MANUALS ~ I ~ ~ INSTALLATION N ~ TOTAL BASE BID .......... $ a ~'~"'~' •~~ ' ' p z s1,~Pp~~ ~ OPTIONAL METERING DEVICE $ ~ ~~~ I E~~ ~ i?SO J ~CJ~ ~ MANUFACTURER: ~CSSO~ ~ '~ ~C-- WARRANTY PARTS: C7 ~~ . ~~~~ SERVICE: ~O ~'~-`S ' BID EXCEPTIONS: 1~i1~. ~-.o~ . lam. ~I ~ ~~ -P~2-~ ~-A~.p ~~ -~oo~ -~ ~ ~ o~ rte, ~ ~ A~e~a~.- Pena ~,~~ . MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCII, CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO SOLICIT BIDS FOR THE PURCHASE OF A RADIO REPEATER FOR PUBLIC WORK5 RADIO NETWORK DATE: November 26, 1996 BACKGROUND: Field communications for the Public Works, Community Development and Parks Departments have, historically, relied on "hand-me-down" equipment from the Police and Fire Departments. The result has been an unreliable, antiquated system that now serves more than one-third of all the city's radio traffic, six base stations, and more than 25 mobiles. The central piece of equipment in that system is atwenty-year-old "repeater" that was given to the public works network when the Police Department bought a new repeater in 1990. For the past eighteen months, the repeater has regularly malfunctioned, causing significant down time for the system and resulting in radio traffic being restricted to that which can occur "unit-to-unit" . It should be noted that the "repeater" is the unit that picks up radio traffic from the mobile units and transmits that traffic from a taller antenna on a more powerful basis, thus allowing a four watt radio to actually transmit through a 100 watt transmitter. When the repeater fails, the radios on the system don't have the range or power needed to provide the necessary communication for those departments. Lack of communication can have an impact on worksite safety and efficiency. For example, three weeks ago, during a major rainfall the Public Works. repeater again malfunctioned, causing eight hours of down time for the system. During that time, our entire Public Works work force was engaged in emergency efforts to mark dangerous azeas for citizens, assist citizens in removing stalled vehicles from roads, and clear drain grates. All of those activities were performed in conditions that multiply the danger to those employees. Without a reliable radio system, those employees are not provided what could be considered as adequate safety protection. In hopes of making this purchase part of a comprehensive radio upgrade, I have delayed for over a year any action to resolve this problem. However, after conversations with employees, Mr Carr and Mr Stamper, I have come to the conclusion that the purchase of a new "continuous duty repeater" for the Public Works radio network is imperative to the efficiency, productivity and safety of those using that system for their primary communications. PURCHASE OF RADIO REPEATER NOVEMBER 26, 1996 PAGE 2 I have asked Kevin Baugess, a manufacturer's representative and communications consultant previously used by the city, to prepare specifications for a new repeater based on input from the departments using the network. Specifications are attached for your review. Those specifications call fora 100 watt continuous duty programmable repeater that is compatible with our existing system. The specifications are designed to provide a unit that will efficiently and effectively handle the volume and type of radio traffic the system now serves. The current repeater transmits at about 40 watts and is not capable of handling constant traffic without experiencing problems. COST/FUNDING: The cost of a 100 watt continuous duty repeater is between $9000 and $9500. Funding for such an unbudgeted expense is always a question, however, in this case a repeater for the Public Works communications network is a part of an overall communications upgrade that has been in the planning process for the past several months. The proposed funding for that upgrade is available from sales tax revenues that were unanticipated at the beginning of the fiscal year. An employee "input group" representing all departments has worked as a team to establish a priority for cone-time expense of non-recurring revenue received since the beginning of the fiscal year. That group determined that, though there were several "wish-list" items they would like to purchase, the greatest need for all departments was to upgrade radio communications equipment across the board in all departments. That program was discussed in more detail in the November 15th City Manager's Report. However, because of the urgent need for this piece of equipment, the request for its purchase has been separated from the comprehensive radio upgrade in order that it might be acquired as soon as possible. Please note that the staff will request a supplemental appropriation for this purchase should final ' action to approve the purchase be given. SCHEDULE: Should the Council approve this request to solicit bids, the staff projects the following schedule for the purchase of the repeater: ' December 3, 1996 -Request Council authority to solicit bids for repeater December 20, 1996 -Bids received from vendors January 7, 1997 -Award contract to successful bidder ' February 1, 1997 -Install repeater -initiate use PURCHASE OF RADIO REPEATER NOVEMBER 26, 1996 PAGE 3 RECOMMENDATION: ~' .~ The staff recommends Council authorization for the solicitation of bids for the purchase of one 100 watt, continuous duty repeater as specified in the attached bid documents. ATTACHMENT• 1. Specifications/Bid Documents s -ijj-41 Ui G4P1Ul "1'111';1 !~'10L0?'U13 G-ti~rd;i 1+;5~, ._ ',~il~i__,!45'„ .~ MOTOROLA CUSTpMER RESOURCES 8400 W. Sunrise Blvd. Rm: 1158 Plantation, FL 33322 Private Systems/COSC Fax No: (954} 723-4470 Dealer/MSS Fax No: (954) 723-4713 "FAX MESSAGE TRANSMITTAL !~ DATE: --- ---- __ _.__ r FAX NO:~__ "' L~-~~- / TEL N4: _ _-__ _- __._ ._ FROM: ,~_~~' _ TEL NO: ~~- ~> REMARKS: -- -- -_ ~/ _ NUMBER OF PAGES (INCLUDING COVER SHEET): __ 'NOTE: Thts fax Is Intended for the exclusive use of the addressee and may contain tnfarmatinn :+ confidential, proprietary, or privtle88d. If this -tax communlc$tfon is received in error, the rer„tlsi~ strictly prohtblted from any dltisetntnation, distribution, copying, ar use. fI I J I i I i r~- ----- - -- ,.....a ., HOW ARE WE D(?ING? Fax your feedback to: (954} 723-4470/4713, Thank 1!~:yt.; :.; . PLEASE RATE THE OVERALL SERVICE, YOU RF.CCIVED FROyt OUR SUPYOK'C i Excellent Very Good Good Fair t~,~ (Please Circle) ,~~ . - tthe rou ou are ratan ORDER ADMiN TECH SUPPORT '1tSS~ Are your inquiries handled: YES [~] 1v~~A ' Promptly?----------------------- ------ ----- ------------------- -. _- Acdurately? Courteously? Professionally? Any comments ar suggestions'? MEMORANDUM TO: FROM: SUBJECT: DATE: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST TO EXTEND CONTRACT FOR PREVENTATIVE MAINTENANCE AND REPAIRS TO THE CITY'S STORM SIRENS December 30, 1996 BACKGROUND: The City of Owasso currently maintains seventeen storm warning sirens. In order to keep those sirens functioning properly, the staff initiated a preventative maintenance program in fiscal 1995-96, with each siren being inspected twice each year on dates to be determined by the Civil Defense Director. Any siren found to be inoperable during the semi-annual inspection is repaired at that time. Additionally, the City Manager or Civil Defense Director has the authority to request service or repair on any siren found to be inoperable at any time. Several vendors were contacted prior to initiating the program, however only one of the vendors indicated they would be able to inspect the system and make repairs. A bid packet was prepared and mailed to that vendor on August 4, 1995, and a notice was placed in the newspaper for two consecutive weeks. Bids were opened on August 28, 1995, with the following bid being received: COMPANY BASE BID PERCENTAGE FOR REPAIR PARTS Goddard Enterprises $3750 25 The City Council awarded a contract to Goddard Enterprises for FY95-96 on September 5, 1995. However, due to an oversight, no action has been taken to extend the contract for fiscal 96-97. This has proven to be a very effective maintenance program and the contractor has performed to the contract standards, therefore, the staff believes the maintenance program should be continued. FUNDING: Funding for this item is included in the FY96-97 Civil Defense budget. RECOMMENDATION: The staff recommends that the City Council extend a contract for preventative maintenance and repair for the city's storm sirens for FY1996-97 with Goddard Enterprises, Guthrie, OK in the amount of their original bid, $3750, plus a 25 % mark up for repair parts. CONTRACT EXTENSION DECEMBER 30, 1996 PAGE 2 ATTACHMENTS• 1. Contract Extension Agreement 2. FY1995-96 Contract with Goddard Enterprises CONTRACT EXTENSION AGREEMENT PREVENTATIVE MAINTENANCE CITY OF OWASSO, OKLAHOMA STORM SIRENS Pursuant to terms of a Contract for Services entered into on the 5th day of September, 1995, between the City of Owasso, Oklahoma, and Goddard Enterprises, my signature on this document will serve to formally and mutually agree to extend the aforesaid contract with the same terms and conditions contained therein for the period from July 1, 1996 through June 30, 1997. GODDARD ENTERPRISES By Joe M Goddard, Owner ~ The City of Owasso, Oklahoma agrees to an extension of the above referenced contract between the City of Owasso and Goddard Enterprises for a period of twelve months between ' July 1, 1996 and June 30, 1997. CITY OF OWASSO, OKLAHOMA By Danny Ewing, Mayor CONTRACT FOR SERVICES ~' THIS AGREEMENT, made this 5th day of September 1995, between the City of Owasso (CITY), and __ Goddard Enterprises (CONTRACTOR). ~ WITNESSETH: 1. That for and in consideration of the sum indicated on the BID PROPOSAL - SUBMITTAL PAGE, CONTRACTOR will furnish to CITY preventative maintenance services for the city's storm sirens as indicated in the specifications. 2. The CONTRACTOR will furnish all of the labor and other services necessary to ~ maintaining the sirens as required in the Contract Documents and Bid Specifications. ~ 3. The CITY shall pay the for maintenance services performed by CONTRACTOR and repair parts following the submission of an invoice. 4. This Contract shall be binding upon all parties hereto and their respective heirs, ~ executors, administrators, successors and assigns. ~ 5. This instrument, supplemented by the Contract Documents, contains the entire agreement between the parties, and no statement, promise or inducement made by either party, or the agent of either party, that is not contained in this written Contract shall be valid or ~I binding. 6. This Contract shall not be enlarged, modified or altered except in writing, signed by the parties and endorsed hereon. 7. This Contract shall be governed by the laws of the State of Oklahoma both as to '~ interpretation and performance. CITY OF OWASSO, OKLAHOMA B Y Charles L Burris, Mayor ATTEST: Marcia outwell, Contract Administrator ' s. APP~Oy~'b AS TO FORM & CONTENT: D Cates, City Attorney ~~~~ a1, I~ ~~ ~~v C~ J ~ ~~~y CONTRACTOR //GV~ . /.f- , Title NOTICE OF AWARD TO: Goddard Enterprises RT 6, Box 636 C Guthrie, OK 73044 Project Description: PREVENTATNE MAINTENANCE FOR THE CITY'S STORM SIRENS The OWNER has considered the BID submitted by you for the above described item in response to its invitation to bid. You are hereby notified that your BID has been accepted for items in the amount of $ 3,750.00 plus 25 % for repair parts You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 20th day of September 19 95_. CITY OF OWASSO, OKLAHOMA By: ~GG~J~~P~~ Title: Contract Administrator AWARD is hereby acknowledged by this/~y of ~ 1 ~~ ~ cp .~~ ~r~ ~ ~ ~- ACCEPTANCE OF NOTICE MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCII. CITY OF OWASSO FROM: JIM McELRATH SUPPORT SERVICES DIRECTOR RE: HOME CONSORTIUM HOUSING REHABILITATION RFP DATE: December 31, 1996 BACKGROUND: In the December 13, 1996 City Manager's Report, staff apprised the City Council of the opportunity for the City of Owasso to submit a Request for Proposal (RFP) to the County of Tulsa. Tulsa County is the recipient of federal housing monies that are being made available to Tulsa Metropolitan area units of government for calendar year 1997. These funds are for the purpose of no-interest or low-interest loans to qualifying low-income homeowners within the boundary lines of the local government unit. Over the past few weeks staff has been working to put together an RFP seeking the maximum $75,000 in funding for the citizens of Owasso. Is is anticipated that if we receive the full amount for which we apply, seven to nine homeowners will be able to take advantage of these monies. Decisions regarding awazding of the program monies will be based upon the criteria set forth in the RFP document sent to us by Tulsa County. The criteria provide an established point ~ system for decision-making purpose. One of the factors which provide such points is tazgeting an azea within the city limits for the rehabilitation projects. Staff recommends that the City of ' Owasso's proposal tazget the azea in the older part of the city that is bounded on the north by 86th St. N, on the south by 5th Avenue, on the east by Highway 169, and on the west by Cazlsbad Avenue, including homes on both sides of that street. ~ Further application "points" aze based upon the willingness of local lending institutions to participate in various ways. Staff has been working with our local banks, both of which have ' indicated their willingness to act as "participating lenders." First Bank will provide "Lender Services," which consists of providing coupon and billing services for the collection of loan w payments by the HOME Consortium. Both First Bank and RCB will provide "Lender Participation," which indicates that they will be willing to give serious consideration to the provision of second mortgages to rehabilitation applicants who require more than the maximum amount of a rehabilitation loan. HOME CONSORTIUM RFP DECEMBER 31, 1996 PAGE 2 Another source of RFP proposal points is based upon the willingness of the City to provide ~ matching funds by allowing loan recipients to make repairs or upgrades without having to pay ~' the usual permit and/or building fees. The Community Development Department has put together statistics concerning the effect of such a proposal upon revenues. In most cases the fees would amount to no more than $80 per loan recipient. Community Development staff has worked in conjunction with City Attorney Ron Cates to draft a resolution that, if adopted, will ,~ exempt such fees for projects funded by Federal or State housing assistance money (see item 13). In addition, we already qualify for additional points on the RFP due to the recently-completed repairs to sewer and water lines within the targeted area of the city limits. The total cost of these repairs was $2,304,450. When this amount is divided by the total amount,of customers within the target area and multiplied by the estimated number of loan recipients (9), an amount of $25,026 can be applied as a local match. Finally, a similar formula can be applied to the $2,338,481 in funds that will be used in the Wastewater Treatment Plant upgrade. This project will provide $3930 that can be counted as matching monies. In summary, staff believes that the proposal contained in the attached RFP, as detailed above, to be suitable for our city to submit to Tulsa County on behalf of our citizens. RECOMMENDATION: The staff recommends City Council approval of the RFP for HOME Consortium funding for Rehabilitation Funding for FY 1997 and that the Council authorize the Mayor to sign the RFP for submission to Tulsa County. The staff further recommends that the City Council give positive consideration to the agenda item that will follow, authorizing waiving of applicable fees for rehabilitation loan recipients, thereby increasing the chances for acceptance of our proposal. ATTACIiMENTS: 1. Copy of related text from December 13, 1996, City Manager's Report 2. Copy of proposed RFP from City of Owasso CITY MANAGER'S REPORT DECEMBER 13, 1996 PAGE 4 ~ SUPPORT SERVICES: The City of Owasso recently received notice from Tulsa County of an INCOG-administered program that could benefit the citizens of Owasso. Members of the Tulsa Metropolitan HOME ~ Consortium, which includes the city of Owasso, have been invited to submit proposals to receive funding for "Owner-Occupied Housing Rehabilitation" . Low-income owner-occupants would be eligible to receive assistance in upgrading their homes through no-interest, low-interest or forgivable loans. The type of loan would depend on the homeowner's income level. A total of $150,000 is available for award, with a maximum of $75,000 per governmental jurisdiction. ~ We will be competing with other members of the Consortium for these funds. I have asked Mr McElrath, our representative to the HOME consortium, to put together a grant proposal for the City of Owasso. Deadline for the grant application is January ~, 1997. We did not receive notice of the availability of these funds in time to put a complete proposal together for presentation at the December 17 City Council meeting. However, we will have an application finished in time to submit it to the Council for consideration in order to allow us to meet the January 6, 1997 deadline. A copy of the Request for Proposals that we received from Tulsa County is included as an attachment to the City Manager's Report. If you have questions, please contact Mr McElrath. Metropolitan Tulsa HOME Consortium FY'96 Owner-Occupied Housing Rehabilitation Application Name of Jurisdiction c i t y o f Ewa G G Contact Person: Name Jim McElrath Address P.o.B. lso Clty, Zip Owasso . 7anS=, Phone 272-3459 Fax 2724999 FEI Number ~~_~n~9~, ~ HOME funds requested: $ 75 , nnn Match Amount: $ ~ ~ , ~ 7 ti Total Project Cost: $ i na ,~ 7 F ~^ Project Location: Target Area X or City-wide If target area project, describe boundaries. Attach map of target area. North: East 86th St. N ~ South.: 5th Avenue East: Highway 169 "~ West: Carlsbad Avenue '~ Sources of Match: Describe the type of match the jurisdiction will provide, the dollar value of the match, and identify participating entities (banks, foundations, etc.) Attach letters of commitment from local government and participating organizations. 1. Water and Sewer line replacements, completed August X996, match = $25,026 (prorated from $ 2,304,450 total cost.) 2. Waiving of building grid ~_~ierm; t. f a by ~; ty c,f (lwaSGn match = $720. 3. Wastewater Treatment plant expansion, to be comtileted within calendar 1997. Match = $3930 (prorated from $2,338,481 total cost.) (Match is less than #1 due to fact that the plant serves the whole city, not just the targeted area.) r Local Lending Institution Participation. Describe extent to which local lending institution(s) will participation in the project. Describe role and responsibilities of lending institution(s): Local lending institutions will participate in the areas of "Lender Servicing" and "T.Pnd r Part; c-i = ai-.; nn,'~ a~ inrli~-.nted by the attached letters of commitment. Signature of Authorized Official Date i y ~ ~~''~ ,v a• i ~ \ / r I 1 a+ $t N Wi ~ 103rC S! N \Y /'/ 'i _~ i '' ' '~ ~ <I Q~ n+~ ! wl wl ~i 1 2nC ~t N ~ ~ . ?1 pj i ~ 1 - C ~g.,, - o~^. =~ ,:' ~~` Target' A rea Des +3 Y~ct't'io Y~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUhTITY DEVELOPMENT DIItECTOR SUBJECT: RESOLUTION NO. 97-02 AMENDING RESOLUTION NO. 86-16 - WAIVING BUILDING PERMIT AND INSPECTION FEES DATE: December 27, 1996 BACKGROUND: The City of Owasso recently received notice from Tulsa County of an INCOG-administered program that could benefit the citizens of Owasso. Members of the Tulsa Metropolitan HOME Consortium, which includes the City of Owasso, have been invited to submit proposals to receive funding for "Owner-Occupied Housing Rehabilitation". Under the program, low-income owner-occupants would be eligible to receive assistance in upgrading. their homes through no-interest, low-interest, or forgivable loans. The type of loan would depend on the homeowner's income level and a total of $150,000 is available for award, with a maximum of $75,000 per governmental jurisdiction. One of the ways in which Owasso can assist potential participants in the grant program, and also provide the necessary "local-match" that is common with grants of this nature, is to waive building permit and inspection fees associated with remodeling and/or home improvement. Fees associated with a remodeling. and/or home improvement project can vary, depending upon the type of work to be conducted, but generally do not amount to a large part of the revenue generated by building.permits and inspections. The City of Owasso's current fee schedule for building permit and inspection fees was adopted by resolution in 1986. Resolution 86-16 does not contain language that would permit the Office of the Building Inspector to waive permit and inspection fees when associated with a local, state, or federal rehabilitation grant. Resolution 97-02 would add the necessary language in order to allow that waiver. RECOMMENDATION: Staff recommends Council approval of Resolution 97-02. ATTACHMENTS: 1. Resolution 86-16. December 31, 1996 FIRST Oho Os &~P72 5~O OWASSO, OKLAHOMA 74055 City of Owasso 207 S. Cedar Owasso, OK 74055 RE: Tulsa HOME Consortium Rehabilitation Program ATTENTION: Jim McElrath Dear Mr. McElrath: This is to acknowledge that we will assist the City of Owasso in the Tulsa HOME Consortium Rehabilitation Program. We will participate in the Lender Participation section in the area of Loan Servicing and Loan Participation. Thank you very much for the opportunity to participate. Let us know if we can be of any further assistance. Sincerely yours, FIRST BANK OF OWASSO ~,- - Alan G. Anderson President AGA/mkf "•THE NEW LOOK OF EXPERIENCE" 274-1404 ~~,'~ ~~~ ~` BAN K Claremore • Owasso Collinsville • Skiatook (918)341-6150 R. C. B. OF OWASSO December 31, 1996 Mayor Danny Ewing City of Owasso P. O. BOK 180 Owasso, Ok. 74055 Dear Mayor Ewing: 339 P02 DEC 31 '96 10:38 RCB Hank will tie happy to join the City of Owasso in ' participating in eeek7.ng funding for the Metropolitan Tulsa HOME Consortium FY96 owner-occupied housing rehabilitation program. We are willing to be a participating lender in the Ioan ' participation portion of the program. It is our understanding that by so doing, we indicate our willingness to seriously consider second mortgag?s on rehabilitation property. We look forward to hearing from you regarding this matter. sincerely, renne President Owasso Branch FGE/lp ~0 W. Patti Pag• Blvd. 1163319 A6th St. North ttt N. 11th 1001 W. Rogan Blvd. Ct~motr, OK 74017 Ow~:~, OK T4055 Colllaavlp•, OK T4021 Skistook. OK 74070 FROM City of Owasso IVTE~IUR,~NDt11~1 PHO~lE hJO. : 918 27~ 4597 T0: \IR..II.'1~ LICLLR?,Ttt SUPPORT SERVICES DIRECTOR rRO:~~i: ~~i..R. TL~IOTH~S' ROOI\EY COVII~IUNITI' DE~~`ELOP~IEhT DIRECTOR SI;~RrE,CT: "O~'4'NER-OCCUPIED HOL~SL~IG K:EHABILI7'ATION D:~TE: December 17, 1996 In response to }~our`~request for. information regarding building permit tees for residential remodels and individual permit fees (electrical, mechanical, and plumbing}, I have prepared the fe.e schedule Listed belotiv ~~itl~ assistance from Nlr. Orr. It.esidential Additions - 560.00 for the first 500 square feet _ _ "`~ $3.50 for each additional 100 square feet Residential kemc~dels {No Structural Change) - $35.00 Carport, Upon Porch, Patio- Roof, Pcx~l - $20.00 Individual Permits (Electrical, b4echanical; and Plumbing) - 515.0(1 per inspection ~''~. ~'Vith rile above .fees in mind, and not knowing what type of woz~lc would be considered for "rehabilitation," it iS difficult to ascertain what a projected fee-for an individual project would be. For example, the follcnving items do not require -a permit; new roofs, new .siding, windows, or painting; as well'as sidewalk and driveway .repaving..The most basic manner to break down the potential fees is if it doesn't include electrical, mechanical, or plumbing work, there is no fee,_ If it does involve anv of three, there will be a fee based upon the extent of the work to be performed. Dec. 17 1996 03:19P~•1 F9 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR ^ SUBJECT: RESOLUTION NO. 97-02 AMENDING RESOLUTION NO. 86-16 - WAIVING BUILDING ^ PERMIT AND INSPECTION FEES DATE: December 27, 1996 BACKGROUND: The City of Owasso recently received notice from Tulsa County of an INCOG-administered program that could benefit the citizens of Owasso. Members of the Tulsa Metropolitan HOME Consortium, which includes the City of Owasso, have been invited to submit proposals to receive funding for "Owner-Occupied Housing Rehabilitation". Under the program, low-income owner-occupants would be eligible to receive assistance in upgrading. their homes through no-interest, low-interest, or forgivable loans. The type of loan would depend on the homeowner's income level and a total of $150,000 is available for award, with a maximum of $75,000 per governmental jurisdiction. One of the ways in which Owasso can assist potential participants in the grant program, and also provide the necessary "local-match" that is common with grants of this nature, is to waive building permit and inspection fees associated with remodeling and/or home improvement. Fees associated with a remodeling and/or home improvement project can vary, depending upon the type of work to be conducted, but generally do not amount to a large part of the revenue generated by building permits and inspections. The City of Owasso's current fee schedule for building permit and inspection fees was adopted by resolution in 1986. Resolution 86-16 does not contain language that would permit the Office of the Building Inspector to waive permit and inspection fees when associated with a local, state, or federal rehabilitation grant. Resolution 97-02 would add the necessary language in order to allow that waiver. RECOMMENDATION: Staff recommends Council approval of Resolution 97-02. ATTACHMENTS: 1. Resolution 86-16. CITY OF OWASSO, OKLAHOMA ~ RESOLUTION NO 97-02 A RESOLUTION AMENDING RESOLUTION NO 86-16 DATED DECEMBER 2, 1986, FOR THE PURPOSE OF WAIVING PERMIT FEES UNDER THE JURISDICTION OF THE BUII.DING INSPECTOR'S OFFICE WHEN SAID FEES CAN BE CONSIDERED AS A "LOCAL MATCH" IN THE APPLICATION AND AWARD OF ANY LOCAL, STATE, AND/OR FEDERAL GRANT FOR HOUSING REHABILTTATION. WHEREAS, the City Council of the City of Owasso, Oklahoma has under consideration the amending of permit fees under the jurisdiction of the Building Inspector's office; and, WHEREAS, the present fee schedule does not allow for the established permit fees to be waived in conjunction with Local, State, and/or Federal Housing Rehabilitation Grants; and, WHEREAS, it would be in the interest of the citizens of the City of Owasso who may be eligible to receive Local, State, and/or Federal Housing Rehabilitation funds to waive said fees; and, _ WHEREAS, the City Council of the City of Owasso has determined to amend Resolution #86-16 in the manner set forth herein. NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCII, OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. That Section 5 of Resolution #86-16 is hereby amended to read as follows: "(j) All inspection and permit fees associated with the award of any form of a Local, State, and/or Federal Housing Rehabilitation Grant shall be waived by the Office of the Building Inspector." SECTION 2. That Resolution #86-16, as amended, hereby shall be read as one and the same Resolution and shall continue in full force and effect from the date of passage hereof. PASSED, APPROVED AND ADOPTED this 7th day of January, 1997 by the City Council of the City of Owasso, Oklahoma. Danny Ewing, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney w CITY OF OWASSO, OKLAHOMA ^ RESOLUTION N0. 86-16 A RESOLUTION ESTABLISHING PERMIT FEES UNDER THE JURISDICTION OF THE BUILDING INSPECTOR'S OFFICE, RESPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS I\ CONFLICT HEREWITH. WHEREAS, the City Council of the City of Owasso, Oklahoma, ' has under consideration, the amending of permit fees under the jurisdication of the Building Inspector's Office: and }VHEREAS, The City cannot continue the present fee schedule ' in effect without the loss of substantial revenue; and WHEREAS, it would be in the interest of the City of Owasso ~ and the public interest to raise and establish new fees for the permits issued in the Building Inspector's Office: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That the price of Mechanical Permits, Electrical Permits and Plumbing Permits shall be Fifty Dollars ($50.00) for Residential and One Hundred Dollars ($100.00) for Commercial. The price far each addition re-inspection shall be Fifteen ' Dollars ($15.00). Section 2. That the price of Plan Review or Search Fee shall wl! be Ten Dollars ($10.00) for each review or search. Section 3. That the price of a Moving Permit shall be Fifty-five Dollars ($55.00) for each structure with e width of between 0 feet to twenty-six (26) feet. The price shall be Seventy-five Dollars ($75.00) for each structure with a width ^ of over twenty-six (26) feet. Section 4. That the price for Building Permits shall be as follows: Residential: (a) New Residents $100.00 first 1,000 sq ft. * $3.50 for each 100 sq. ft. (add.) (b) Residential Addition $50.00 first 500 sq. ft. (add.) 50 for each 100 s $3 ft . q. . (including garages) (c) Storage Building or $20.00 plus $3.50 for each Detached Garage 100 sq. ft. (d) Residential Remodel $35.00 No Structural Change (e) Caxport, Open Porch, $20.00 Patio Roof (f) Demolition Permit $20.00 ' Commercial Buildings: (a) New Commercial $165.00 first 1,000 sq. ft. $3.50 for each 100 sq. ft. thereafter (b) Commercial Remodel $70.00 first 1,000 sq. ft. $3.50 for each 100 sq. ft. thereafter (1) (c) Commercial Additions same as New Commercial Rates. Moving Permits: (a) Structure up to 26' wide $55.00 (b) Structure over 26' wide $75.00 Section 5. That the price for Inspection Fees shall be as follows: (a`) Residential Building $15.00 for each re- (li) Commercial Building (c) Electrical Temp Pole (d) Electrical Service Change Out (e) Electrical Inspections (£) Sewer Inspections (g) Gas Inspections (h) Plumbing Inspections inspection $15.00 for each re- inspection $15.00 $20.00 Each (No Electrical Permit Necessary) $15.00 minimum single inspection $15.00 each single inspection $15.00 each single inspection (No Permit needed) $15.00 minimun single inspection (No Permit needed) (i) Inspections on One Building $15.OOeach Unit at one Time,Sewer, Gas, or Water Fees for Inspections where jobs are started without Building Permit or Contractor Permits shall beDoi~liIe'the Standard Fee. PASSED;pND 'APPROVED this 2nd day of December,•1986. ,. 1 I ! '-: _ 7 i' a~ ' ~ fi7 T x :~ ~ . ,~f; .. _-1 ennet M. Woo M yor ~$~AL) ; ~''•' ~ ~~ ~'~ ~~ fi , ~~ ~ r ,. AT 1'~E~'Fr: ' : .:. ' ~ ~ - ~ .- J Ja Buchanan, City Clerk (2) ~oRANnuM ~'" ~ ~`_ TO: HONORABLE MAYOR AND CITY COUN~C' I~ CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: RESOLUTION TO CALL ELECTIONS -COUNCIL WARDS 1 & 2 DATE: December 30, 1996 BACKGROUND• Pursuant to the provisions of the Owasso City Charter governing the election of City Council members, the Council shall take action by Resolution to call any necessary Ward Elections. Such elections are needed for the following Wards: Ward #1 Three Year Term (Danny Ewing) Ward #2 Three Year Term (Joe Ramey) Staff has prepared Resolution #97-03 which, if approved by Council, calls for elections to be conducted for these Wards and allows for proper notification to the Tulsa County Election Board. It also identifies the process that must be followed to meet all legal requirements. The filing period is February 3, 4, & 5, 1997. All candidates must file a Declaration of Candidacy with the Tulsa County Election Board between 8:00 a. m. and 5:00 p. m. on one of those days. The primary election is set by Charter and will be March 4, 1997. If a general election is necessary, it will be held on April 1, 1997. A general election will be held if one candidate in the primary election does not receive a majority of all the votes cast for that Ward. The elected councilors will be sworn in at the first meeting in May (May 6, 1997). RECOMMENDATION: The staff recommends approval of Resolution #97-03. ATTACIIMENT: 1. Resolution #97-03. WHEREAS, a Primary Election shall be held on the 4th day of March, 1997 for the purpose of electing Council Members to the City of Owasso, Oklahoma, for Wards and terms as follows: WARD NO. TERM 1 3 yeazs 2 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 1, 1997 to elect said Council Members. ,~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY `~ OF OWASSO, OKLAHOMA: - 1. That anon-partisan Primary Election for City Council Members, as set out, be . held on March 4, 1997. 2. That the General Election thereafter, if necessary, be held on April 1, 1997. 3. Only qualified electors of the City of Owasso who reside in the respective ward shall be qualified to hold the office of Council Member. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa County, Oklahoma, hereby certifies to the Tulsa County Election Boazd that the following numbered precincts aze to be opened: 750, 751, 752, 753, 754, and 755. ~ The City of Owasso certifies that there are no qualified electors who live within the one- hundred feet fenceline that goes into Rogers County. The filing period is from February 3, 1997 through February 5, 1997 for the Primary Election. CITY OF OWASSO, OKLAHOMA RESOLUTION NO 97-03 NOTICE OF ELECTIONS AND CERTIFICATION PASSED AND APPROVED this 7th day of January, 1997 by the City Council of the City of Owasso, Oklahoma. ~+ ATTEST: Danny Ewing, Mayor Mazcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney