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1997.06.03_City Council Agenda
1 1 PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: June 3, 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, May 30, 1997. Marcia outwell, City Jerk AGENDA 1. Call to Order 2. Invocation Jim McElrath Support Services Department ' 3. Flag Salute 4. Roll Call ^ 5. Request Approval of the Minutes of May 15, 1997 Special Meeting and May 20, 1997 Regular Meeting. Attachment #5 Owasso City Council June 3, 1997 Page 2 -- 6. Request Approval of Claims. Attachment #6 7. Consideration and Appropriate Action Relating to an Annual Agreement Between the City of Owasso and the Oklahoma Tax Commission Providing for the Tax Commission to Administer the City's Sales Tax Ordinance During FY 1997-98, and Authorizing the Mayor to Execute Such Agreement. Ms Bishop Attachment #7 The staff will recommend City Council approval of an FY 1997-98 agreement providing for the collection and remittance of municipal sales tax by the Oklahoma Tax Commission and that the Mayor be authorized to execute the necessary documents relating to that agreement. 8. Consideration and Appropriate Action Relating to an Annual Agreement Between the City of Owasso and the Oklahoma Tax Commission Providing for the Tax Commission to Administer the City's Use Tax Ordinance During FY 1997-98, and Authorizing the Mayor to Execute Such Agreement. Ms Bishop See Attachment #7 The staff will recommend City Council approval of an FY 1997-98 agreement providing for the collection and remittance of municipal use tax by the Oklahoma Tax Commission and that the Mayor be authorized to execute the necessary documents relating to that agreement. ' Owasso City Council June 3, 1997 Page 3 ^ 9. Consideration and Appropriate Action Relating to a Request for City Council Approval of Resolution #97-05, a Resolution Approving and Adopting the Agreement Replacing the ' Original Agreement Creating the Indian Nations Council of Governments; and Authorization for the Mayor to Execute the Document. Mr Ray ' Attachment #9 The staff will recommend Council approval of Resolution #97-05, and that the mayor be ' authorized to execute the necessary documents. ^ ' 10. Consideration and Appropriate Action Relating to Resolution #97-06, a Resolution Authorizing and Approving the Renewal of the City of Owasso's Participation in the ' Metropolitan Tulsa HOME Consortium; and Authorization for the Mayor to Execute the Necessary Documents. Mr McElrath Attachment #10 ' The staff will recommend Council adoption of Resolution #97-06, and that the mayor be authorized to execute the necessary documents. ^ ^ 11. Consideration and Appropriate Action Relating to a Request for City Council Approval of ' a Contract for Technical and Professional Services for the HOME Program; and Authorization for the Mayor to Execute the Necessary Documents. Mr McElrath ^ Attachment #11 The staff will recommend approval of the contract between the City of Owasso and Tulsa County, and that the mayor be authorized to execute the necessary documents. r Owasso City Council June 3, 1997 Page 4 12. Consideration and Appropriate Action Relating to Ordinance #543, an Ordinance Amending `~ Chapter 10 of the Owasso Zoning Code, Providing for the Regulation of Telecommunication Towers, and Declaring an Emergency. "~ Mr Rooney Attachment #12 The staff will recommend Council approval of Ordinance #543. 13. Consideration and Appropriate Action Relating to the Attachment of an Emergency Clause to Ordinance #543. Mr Rooney See Attachment #12 ~ The staff will recommend Council approval of the attachment of an emergency clause to Ordinance #543. 14. Consideration and Appropriate Action Relating to Ordinance #546, an Ordinance Providing for the Closing of a Portion of a Utility Easement Located Within Lot 9, Block 1, Barrington Point Addition to the City of Owasso. Mr Rooney Attachment #14 The staff will recommend Council approval of Ordinance #546. 1 1 Owasso City Council June 3, 1997 Page 5 ._ 15. Consideration and Appropriate Action Relating to Ordinance #547, an Ordinance Providing for the Closing of a Portion of a Utility Easement Located on Lot 13, Block 2, Copper Meadows Addition to the City of Owasso. Mr Rooney Attachment #15 The staff will recommend Council approval of Ordinance #547. 1 __ ~ 16. Consideration and Appropriate Action Relating to a Request for City Council Authorization to Solicit Bids for the Construction of Restroom Facilities at the Owasso Sports Park. Mr Rooney Attachment #16 Bid documents for the construction of restroom facilities at the Owasso Sports Park have been developed, and the staff will recommend Council authorization to advertise for bids for that project. ^ __ 1 17. Consideration and Appropriate Action Relating to a Request for City Council Approval of t a Contract for Police Uniform Cleaning Services. Chief Alexander Attachment #17 ~ The staff will recommend Council approval of a one year contract with Icky's Three Lakes Laundry & Dry Cleaning, Owasso, OK, for the purpose of providing uniform cleaning ' services to the Owasso Police Department. Owasso City Council June 3, 1997 Page 6 18. Consideration and Appropriate Action Relating to a Request to Award a Bid for the "~ Purchase of Gasoline and Diesel Fuel. Mr Ray Attachment #18 The staff will recommend approval of a contract with GO! Systems to provide gasoline and diesel fuel through June 30, 1998 at a bid margin of .06C per gallon over the Oil Price Index Service, and that the Mayor be authorized to execute the necessary document. 19. Presentation to the City Council of the Proposed FY 1997-98 Budget, and Request for ,, Council Approval to Conduct a Public Hearing to Solicit Public Comments Relative to the Proposed Budget. ,# Mr Ray Ms Bishop The staff will present the FY 97-98 budget to the City Council and recommend Council ~ approval of a request to conduct a public hearing on the Budget and that such hearing be scheduled for June 10, 1997 at 7:00 p. m. in the Owasso Community Center. ~ 20. Report from City Manager 21. Report from City Attorney Owasso City Council June 3, 1997 Page 7 22. Reports from City Councilors 25. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purpose of Discussing Negotiations Between the City of Owasso and the IAFF (Firefighters) and FOP (Police); Such Executive Session Provided for in O.S. 25, Section 307(B)(2). Mr Ray Attachment #25 The City Manager may request Council approval of an executive session to discuss negotiations with the IAFF and FOP for FY 1997-98. Owasso City Council June 3, 1997 Page 8 26. Consideration and Appropriate Action Relating to a Contract Between the City of Owasso ~ and the IAFF Local #2789 (Firefighters). Mr Ray Attachment #26 Enclosure The staff will recommend City Council approval of a contract between the City and IAFF ~ Local #2789 (firefighters) for FY 1997-98, providing for wages, benefits and other working conditions, such contract negotiated by representatives of the parties and ratified by the ' IAFF Local #2789. 27. Consideration and Appropriate Action Relating to a Contract Between the City of Owasso and FOP Lodge #149 (Police). Mr Ray Attachment #27 Enclosure ~ The staff will recommend City Council approval of a contract between the City and FOP ' Lodge #149 (police) for FY 1997-98, providing for wages, benefits and other working conditions, such contract negotiated by representatives of the parties and ratified by the FOP Lodge #149. ' 28. Adjournment 1 ' OWASSO CITY COUNCII, MINUTES OF SPECIAL MEETING Thursday, May 15, 1997 ' The Owasso City Council met in special session on Thursday, May 15, 1997 at the Bailey Ranch Golf Course Maintenance Building per the Notice of Public Meeting and Agenda posted on the t City Hall bulletin Board at 2:00 p.m. on Tuesday, May 13, 1997. A tour of the golf course was conducted at 6:30 p. m. by Director of Golf Warren Lehr, ' followed by dinner served at the maintenance building by golf course staff. ~ ITEM l: CALL TO ORDER AND ROLL CALL. Mayor Barnhouse called the meeting to order at 7:34 p. m. Councilors present: Mary Lou Barnhouse, Mayor; Tracy Standridge, Vice Mayor; Denise Bode, Councilor; Mark Wilken, Councilor; Mike Helm, Councilor (in at 7:48 p.m.). ~ A quorum was declared present. ITEM 2: DISCUSSION OF ISSUES OF IMPORTANCE TO THE CITY OF OWASSO. ' A general discussion of issues of importance to the City of Owasso took place. Staff members were present to participate in the presentations and discussion. No action was requested and no ~ vote taken. ITEM ADJOURNMENT Dr Standridge moved, seconded by Mayor Barnhouse to adjourn. AYE: Standridge, Barnhouse, Helm, Bode, Wilken NAY: None Motion carried 5-0 and the meeting was adjourned at 9:55 p.m. ~ Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 20, 1997 The Owasso City Council met in regular session on Tuesday, May 20, 1997 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, May 16, 1997. ITEM 1: CALL TO ORDER Mayor Barnhouse called the meeting to order at 7:04 p. m. ITEM 2: INVOCATION The invocation was offered by Pastor Robert Yohnk of the Owasso United Pentecostal Church. ITEM 3: FLAG SALUTE Councilor Bode led in the flag salute. ITEM 4: ROLL CALL PRESENT Mary Lou Barnhouse, Mayor Tracy Standridge, Vice Mayor Michael Helm, Councilor Denise Bode, Councilor Mark Wilken, Councilor ABSENT STAFF Rodney 7 Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: RECOGNITION OF THE RETIREMENT OF DELBERT LEACH. Mayor Barnhouse and the Council recognized and congratulated Delbert Leach upon his retirement after 17'h years as an employee of the City of Owasso. Mr Leach was presented with a Certificate of Recognition signed by all members of the Council. Mayor Barnhouse also r displayed the plaque Mr Leach received at the retirement luncheon given by city employees. Owasso City Council May 20, 1997 ITEM 6: RECOGNITION OF SERVICE TO THE DARE PROGRAM. Officer Randy Cunningham was recognized by Mayor Barnhouse, Chief Alexander, and members of the City Council for his five years of service to the DARE program. He was also presented with a briefcase. ITEM 7: REQUEST APPROVAL OF THE MINUTES OF MAY 6, 1997 REGULAR MEETING. Dr Standridge moved, seconded by Mr Wilken, to approve the minutes as submitted, by reference made a part hereto. AYE: Standridge, Wilken, Helm, Bode, Barnhouse NAY: None Motion carried 5-0. ITEM 8: REOUEST APPROVAL OF THE CLAIMS. Dr Standridge moved, seconded by Dr Bode, that the following claims be approved as submitted: (1) General Fund $32,088.13; (2) Ambulance Service Fund $3,056.17; (3) E-911 $1,847.12; (4) City Garage $8,006.91; (5) Capital Improvements $224.14; (6) Payroll $113,194.98; (7) City Garage Payroll $2,782.11. AYE: Standridge, Bode, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR CONSTRUCTION OF SPORTS PARK PARKING LOT IMPROVEMENTS, BETWEEN THE CITY OF OWASSO AND AM-RAIL CONSTRUCTION INC, AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO THE CONTRACTOR. In November 1996 bids were solicited for parking lot improvements at the Owasso Sports Park. The bid was awarded on December 3, 1996 to AM-Rail Construction of Tulsa in the amount of $19,089. A payment in the amount of $18,134.55 was made in February 1997, with the City holding retainage of 5 % of the total amount of the project until acceptance by the City. The 2 Owasso City Council May 20, 1997 pazking lot has been inspected by Mr Warren of the Pazks Department and Ms Duggan of the Public Works Engineering Division, and conforms to all specifications. Staff recommended acceptance of the project and release of retainage. Mr Wilken moved, seconded by Dr Standridge to accept the work performed under a contract with AM-Rail Construction for the construction of parking lot improvements at the Owasso Sports Park, and authorize final payment in the amount of $954.45. AYE: Wilken, Standridge, Bode, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE PURCHASE OF A 1997 FORD F150 FOR USE BY THE PARKS DIVISION. The Pazks Department utilizes two vehicles to perform their work. One of the vehicles is a 1986 Chevy S-10, which does not have the capacity to perform much of the needed tasks. In August 1996 the Department requested and received acarry-over budget in the amount of $7500 to put towards the purchase of a new vehicle. Funds have saved throughout this fiscal year to be applied toward the purchase. The staff contacted several azea vendors for quotes on a vehicle that would meet their needs, and they also reviewed the State Bid List. The best option available is a 1997 Ford F-150 from the State Bid List. If the purchase of this vehicle is approved, the Chevy S-10 will be transferred to the Cemetery Division of Public Works to replace a 1964 vehicle currently being used. Dr Standridge moved, seconded by Dr Bode, to approve the expenditure of funds and authorize the purchase of a 1997 Ford F-150 truck from Fred Jones Ford of Oklahoma City, OK, in the amount of $16,090, such vehicle listed as State Bid #0070-48-10-100. AYE: Standridge, Bode, Helm, Wilken, Barnhouse NAY: None Motion carried 5-0. 3 Owasso City Council May 20, 1997 ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A QUEST FOR APPROVAL OF THE FINAL PLAT FOR CENTRAL PARK II, LOCATED SOUTHWEST OF CENTRAL PARK AND EAST OF LAKERIDGE, CONTAINING 41.56 ACRES. A request has been received to review the final plat for Central Park II, located southwest of Central Park and east of Lakeridge. The plat has been reviewed and approved by the Planning Commission. The Technical Advisory Committee also reviewed the final plat and made several recommendations which have been included within the plat being presented. Construction plans have been submitted and approved by the Engineering Division and the permits to construct the water and sanitary sewer lines have been issued by DEQ. Dr Standridge moved, seconded by Dr Bode, to approve the final plat for Central Park II. AYE: Standridge, Bode, Helm, Wilken, Barnhouse NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO CLOSE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT 9. BLOCK 1, BARRINGTON POINT, AN ADDITION TO THE CITY OF OWASSO. The City has received a request to close a portion of a utility easement located within Lot 9, Block 1 of Barrington Point addition. The request has been made in order for the applicants to construct an in-ground swimming pool, which will occupy a portion of the easement. The Technical Advisory Committee had no objections to the request, and the Planning Commission approved the request at their May 13, 1997 meeting. No water or sanitary sewer lines are located within the easement. Mr Wilken moved, seconded by Dr Bode, to approve closing the southeast 71h feet of the northwest 17'h foot utility easement located within Lot 9, Block 1, Barrington Point addition. AYE: Wilken, Bode, Helm, Standridge, Barnhouse NAY: None Motion carried 5-0. 4 Owasso City Council May 20, 1997 ~ ITEM 1 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO CLOSE A PORTION OF A UTILITY EASEMENT LOCATED ' ON LOT 13 BLOCK 2 COPPER MEADOWS AN ADDITION TO THE CITY OF OWASSO. ~ The City has received a request to close a portion of a utility easement located within Lot 13, Block 2, Copper Meadows addition. A survey conducted, usually indicating a planned sale of property, indicates an encroachment of 1.4' into an 11' utility easement. In order for the dwelling to be legally permitted to exist at that location, the portion of the easement encroached ~ upon must be closed. There are no water or sanitary sewer lines located in the easement, and area utility companies have no objections to the request. The request has also been approved by the Planning Commission. Dr Bode moved, seconded by Mr Wilken, to approve the closing of the south 1.4 feet of the north 11 foot utility easement located on Lot 13, Block 2, Copper Meadows addition. AYE: Bode, Wilken, Helm, Barnhouse, Standridge NAY: None Motion carried 5-0. ITEM 14: CONSIDE RATION AND APPRO PRIATE ACTION RELATING TO ORDINA NCE #543 AN ORDINANC E PROHIBITING THE CONSTRUC TION OF, OR I SSUANC E OF PERMITS FOR. NEW STRUCTURES. OR THE MODIFIC ATION OF EXISTING STRUCTURES WHICH ARE USED PRIMARI LY TO S UPPORT ANTEN NAS, WHETHER AS A PRINCIPA L OR ACCESSO RY USE WHICH ARE IN EXCESS OF THIRTY FEET (3 0') IN HEIGHT~ IN ALL RESIDENTIAL O FFICE, COMMERCIAL ,INDUST RIAL. AND AG RICULT URE ZONED DISTRICTS; SAID ORDINANCE TO ESTABLI SHING PENALTIES F OR VIOLATION THEREOF. AND DECLAR ING AN EMERGENCY. This item was withdrawn from the agenda at the request of staff due to an error in the wording of the agenda item. It will be placed on the June 3, 1997 agenda for consideration. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #543. With Item 14 being withdrawn, this item was not necessary and was also withdrawn. 5 Owasso City Council May 20, 1997 ITEM 16: NSIDERATION AND APPROPRIATE ACTION RELATIN TO ORDINANCE #544, AN ORDINANCE AMENDING CHAPTER 10. SECTION 1002 OF THE OWASSO ZONING CODE, RELATING TO NON- PERMANENT ACCESSORY VENDORS, AND DECLARING AN EMERGENCY. ,,,~ The City of Owasso permits non-permanent accessory vendors in Commercial and Industrial "~ districts through the Licensing and Business Regulations of the Code of Ordinances. No site ,* plan review, notification of surrounding property owners, or public hearing for input are required. Because of the number of this type of vendor requesting licensing, the staff believes that stricter regulations are required. The staff also believes that the best manner in which to regulate this type of use would be to require each vendor to obtain a Special Exception from the Owasso Board of Adjustment. This would allow for notification of property owners and a public "~ hearing on the application. The Board of Adjustment could place specific conditions on the applicant. The staff has developed an ordinance amending the Zoning Code that, if approved, will require accessory vendors to obtain a Board of Adjustment Special Exception. The Planning Commission unanimously recommended approval of the proposed amendment at their May 13, ~ 1997 meeting. Dr Bode moved, seconded by Dr Standridge, to approve Ordinance # 544, requiring that non-permanent accessory vendors obtain a Special Exception from the Board of Adjustment for the placement of their business. AYE: Bode, Standridge; Helm, Wilken, Barnhouse ~ NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #544. Due to the lack of current regulation of non-permanent accessory vendors, the staff recommended the attachment of an emergency clause to Ordinance #544, so that it becomes effective immediately upon publication. Dr Bode moved, seconded by Dr Standridge, to approve the attachment of an emergency clause to Ordinance #544. AYE: Bode, Standridge, Helm, Wilken, Barnhouse NAY: None Motion carried 5-0. Owasso City Council May 20, 1997 ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE WATER AND ' WASTEWATER SYSTEMS CONSTRUCTED TO SERVE THE SUMMIT I AT SOUTHERN LINKS AN ADDITION TO THE CITY OF OWASSO. TULSA _ COUNTY, OKLAHOMA. Southern Links, Summit I is located south of 86th St N on Bailey Ranch Golf Course. The final inspection of the water and wastewater systems was conducted on January 24, 1997, and a punch list was forwarded to the developer. All items on the punch list have been corrected, and a letter of credit has been received from the developer, and staff recommended acceptance of the improvements. Dr Bode moved, seconded by Dr Standridge, to accept the water and wastewater systems constructed to serve The Summit I at Southern Links. AYE: Bode, Standridge, Helm, Wilken, Barnhouse NAY: None Motion carried 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE WATER AND WASTEWATER SYSTEMS CONSTRUCTED TO SERVE COUNTRY ESTATES II, AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY. OKLAHOMA. Country Estates I is located one-half mile north of E 96th St N and Garnett Rd. The final inspection of the water and wastewater systems was conducted on March 27 & 31, 1997 and a punch list forwarded to the developer. All items on the punch list have been corrected and one- year maintenance bonds have been received from the developer. Staff recommended acceptance of the infrastructure improvements. Dr Bode moved, seconded by Mr Wilken, to accept the water and sanitary sewer systems constructed to serve Country Estates II. AYE: Bode, Wilken, Helm, Standridge, Barnhouse NAY: None Motion carried 5-0. 7 Owasso City Council May 20, 1997 ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #545, AN ORDINANCE PROVIDING FOR REVIEW. EVALUATION AND REPORT ON AMBULANCE SERVICE NOT LESS THAN EVERY FIVE YEARS. In January 1997 an Ambulance Ordinance Review Team was formed to review the City's Advanced Life Support Ambulance Ordinance. The findings and recommendations of the team was presented at the April 15, 1997 City Council meeting. At that meeting the City Council voted to accept the report and direct the City Attorney to draft a new ordinance which contained the following changes to Ordinance #369. 1. A review of the ordinance be conducted a maximum of every five (5) years. 2. The Fire Chief shall evaluate the effectiveness of the ordinance and submit proposals as needed to ensure the effectiveness of the ambulance service. Ordinance #545 contains those recommended changes. Dr Standridge moved, seconded by Mr Wilken to approve Ordinance #545. AYE: Standridge, Wilken, Helm, Bode, Barnhouse NAY: None Motion carried 5-0. ITEM 21: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND'S STREET DEPARTMENT BUDGET. At the April 15, 1997 City Council meeting a contract with Horizon Construction Co was approved in the amount of $20,972.19 for street repair on 129th E Ave at the Sixth Grade Center. A supplemental appropriation to the FY 96-97 General Fund's Street Department budget in the amount of $20,972.19 was requested to fund the project. Mr Wilken moved, seconded ~ by Dr Bode to approve a supplemental appropriation to the General Fund's Street Department budget in the amount of $20,972.19. AYE: Wilken, Bode, Helm, Standridge, Barnhouse ' NAY: None Motion carried 5-0. 8 Owasso City Council May 20, 1997 ITEM 22: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ~ZUEST FOR CITY COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE GARAGE FUND'S BUDGET. Because of unforseen expenses in the Vehicle Maintenance Facility in the form of personnel and purchase of repair parts or service for resale to the various city departments, it is necessary to increase the budget appropriation for FY 96-97. Staff requested a supplemental appropriation of $26,000 to the Garage Fund. Mr Wilken moved, seconded by Dr Standridge, to approve a supplemental appropriation to the Garage Fund budget in the amount of $26,000. AYE: Wilken, Standridge, Bode, Helm, Barnhouse NAY: None Motion carried 5-0. ' ITEM 23: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE SELF-INSURANCE FUND'S BUDGET. Expenditures from the Vehicle Self-Insurance Fund have been greater than usual during FY 1996-97. The staff requested a supplemental appropriation to that fund in the amount of $5000 for the purpose of meeting current obligations of the fund and providing a contingency appropriation in the event of additional loss. Dr Bode moved, seconded by Dr Standridge, to approve a supplemental appropriation to the Vehicle Self-Insurance Fund budget in the amount of $5000. AYE: Bode, Standridge, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 24: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF A COPS FAST GRANT, AND AUTHORIZATIO_ N FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENTS. In April of 1997 the Owasso Police Department was notified that federal funds had been awarded to the City of Owasso to be used to supplement salary and benefits for three new police officers. The money was available through the Universal Hiring Grant under the COPS FAST Program of the U.S. Department of Justice. The staff recommended acceptance of the funds. Dr Bode moved, seconded by Dr Standridge, to accept the grant from the U.S. Department of 9 Owasso City Council May 20, 1997 Justice in the amount of $225,000, and authorization for the Mayor to execute the necessary documents. AYE: Bode, Standridge, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 25: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A MAYOR'S APPOINTMENT REQUIRING CONFIRMATION BY THE CITY COUNCIL. _ A resignation by a member of the Owasso Personnel Board has created a vacancy on that board. Because of the critical nature of the Board, staff believes that the vacancy should be filled at this time instead of at the beginning of the fiscal year. Mayor Barnhouse presented the name of Rev Dale Blackwood for consideration and requested Council confirmation of the appointment. Dr Standridge moved, seconded by Dr Bode, to confirm the Mayor's appointment of Rev Dale Blackwood to the Owasso Personnel Board. AYE: Standridge, Bode, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 26: REPORT RELATING TO THE STATUS OF THE CONSTRUCTION OF IMPROVEMENTS BY THE YMCA TO THE OWASSO RECREATION CENTER. Mr John Swift, CEO of the YMCA of Greater Tulsa, provided a written update on the construction; and Mr Rooney, Community Development Director, also provided a written construction update. The work has been substantially completed and plans are to open the facility on Saturday, May 24. _ ITEM 27: REPORT FROM CITY MANAGER ~ Mr Ray thanked Chief Alexander for the work she did to secure the COPS Fast grant. ITEM 28: REPORT FROM CITY ATTORNEY No report. 10 Owasso City Council ITEM 29: REPORT FROM CITY COUNCILORS No report. ITEM 30: UNFINISHED BUSINESS None. ITEM 31: NEW BUSINESS None. ITEM 32: AD7OT:fRNMENT Dr Bode moved, seconded by Dr Standridge, to adjourn. AYE: Bode, Standridge, Helm, Wilken, Barnhouse NAY: None Motion carried 5-0, and the meeting was adjourned at 7:52 p.m. May 20, 1997 Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk 11 ii ii i~ CITY OF OWASSO GENERAL FUND 5130/97 8:52:59 A/P CLAIMS REPORT APAPVR PAGE: FO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- MANAGERIAL 972421 OFFICE DEPOT CARD PLAN EQUIPMENT-TRANSCRIBER 972510 TREASURER PETTY CASH CITY MGR EXPENSES 972510 TREASURER PETTY CASH REIMB PETTY CASH 972510 TREASURER PETTY CASH POLICE EMP APPRECIATION 972522 AMERICAN SPEEDY PRINTING OFFICE SUPPLIES 972537 SUBURBAN OFFICE SUPPLY BUDGET TABS 972538 REASORS PARADE SUPPLIES 972538 REASORS FILM DEVELOPING 972541 DOZIER PRINTING COPY BUDGET 972543 DOZIER PRINTING OFFICE SUPPLIES 972544 CUSTOMCRAFT VOLUNTEER APPREC-VOSS DEPARTMENT TOTAL ==__> ii FINANCE ------------------------------ 970138 CPS BUSINESS, INC. LICENSE FEES 972568 TRI COUNTY OFFICE SUPPLY OFFICE SUPPLIES DEPARTMENT TOTAL =___> I ~ COMMUNITY DEVELOPMENT. ii ii i~ ii ii i~ 971677 AT&T WIRELE5S SERVICES PAGER USE 9?2488 BOLA INTERNATIONAL INC APPROVED STICKERS 972510 TREASURER PETTY CASH REIMB PETTY CASH 972538 REASORS FILM DEVELOPING 972568 TRI COUNTY OFFICE SUPPLY OFFICE SUPPLIES DEPARTMENT TOTAL =___> MUNICIPAL COURT ------------------------------ 970112 MICHAEL D. HILSABECK RETAINER 970113 CHARLES RAMSEY RETAINER 972250 BRETT BURTON BALIFF DUTIES 5/97 972568 TRI COUH'fY OFFICE SUPPLY OFFICE SUPPLIES DEPARTMENT TOTAL =___> ENGINEERIPiG ------------------------------ 314.95 359.49 9.49 104.04 44.25 56.40 46.21 7.98 44.05 80.00 64.75 1,131.57 217.00 42.94 259.94 26.85 90.00 19.36 2.09 10.48 148.78 825.00 825.00 120.00 27.7$ 1,797.78 3 CITY OF OWASSO GENERAL FUND 5/30/97 8:52:59 A/P CLAIMS REPORT APAPVR PAGE: 4 PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 971677 AT&T WIRELESS SERVICES PAGER USE 6.95 DEPARTMENT TOTAL =___) 6.95 GENERAL GOVERNMENT ------------------------------ 970348 MEMBER SERVICE LIFE MONTHLY FEE 100.00 971b77 AT&T WIRELESS SERVICES PAGER USE 6.95 972108 RETHERFORD PUBLICATIONS LEGAL NOTICES 314.50 972421 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 199.90 972504 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 19.40 972510 TREASURER PETTY GASH REIMB PETTY CASH 18.65 972510 TREASURER PETTY CASH REIMB PETTY CASH 11.07 9725b8 TRI COUNTY OFFICE SUPPLY OFFICE SUPPLIES 135.21 DEPARTMENT TOTAL =___> 805.68 SUPPORT SERVICES ------------------------------ 970342 DEPARTMENT OF CORRECTIONS DOC WOR4:ERS/PAY 971b77 AT&T WIPELESS SERVICES PAGER USE 972423 YALE UNIFORM RENTAL UNIFORM CLEAN/RENT 972510 TREASURER PETTY CASH REIMB DDC MEALS 972559 BAILEY E~3UIPMENT MAINTENANCE SUPPLIES 972563 HOUSE OF VACUUMS MAINTENANCE SUPPLIES 9725b? TAYLOE PAPER CO MAINTENANCE SUPPLIES DEPARTMENT TOTAL =___> POLICE SERVICES ------------------------------ 970010 THREE LANES LAUNDRY UNIFORM CLEANING 970011 L.E.T.H. SUBSCRIPTION 970460 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 9716'77 AT&T WIRELESS SERVICES PAGER U5E 972i7b DECATUR ELECTRONICS RADAR UNITS 972481 HYATT CRYSTAL CITY LODGING-COX,DRIVER 972483 OWASSO TRAVEL AIRFARE-COX,DRIVER 972484 PATROL TECHNOLOGY UNIFOF.M SUPPLIES 972504 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 972504 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 972568 TRI COUNTY OFFICE SUPPLY OFFICE SUPPLIES 304.2b 13.90 37.20 30.73 42.43 38.45 50.83 517.80 27.38 288.00 167.02 73.30 1,140.00 507.Ob 474.00 314.00 22.00 34.5b 135.Ob DEPARTMENT TOTAL =___> 3,182.38 f '" CITY OF OWASSO GENERAL FUND. r 4 5/30/9? 8:52:59 A/P CLAIMS REPORT APAPVR PAGE: ~ PO # VENDOR DESCRIPTION AMOUNT I ~ POLICE COMMUNICATIONS ------------------------------ 972222 5AM'S CLUB OFFICE SUPPLIES 972421 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES DEPARTMENT TOTAL =___> ANIMAL COHTP.OL 971677 AT&T WIRELESS SERVICES PAGER USE 972510 TREASURER PETTY CASH STERILIZATION REFUNDS DEPARTMENT TOTAL =___) ii FIRE SERVICES ------------------------------ 971b77 AT&T WIRELESS SERVICES PAGER USE 971822 FRED JONES FORD OF OKC TRUCK 2!18/97 9723bb NATIONAL FIRE PP.OTECTION NFPA HANDBOOK 972383 JUST-US REPAIR SEAT 972489 WAL-MART LANDSCAPE PLANTS 972505 TULSA AUTO SPRING CO REPAIR TANKER I 972510 TREASURER PETTY CASH PER DIEM-FISHER 972524 RATIONAL BUSINESS FURHITU DESK DRAWER 972536 J & P AUTO REPAIR ALTERNATOR DEPARTMENT TOTAL =___) ii STREETS ------------------------------ 97167? AT&T WIRELESS SERVICES 972119 J B STIGALL 972120 J B STIGALL 972121 J B STIGALL 972168 BRUSHHOG SERVICES 972169 BRUSHHOG SERVICES 972313 SIGHALTEK INC 972314 RAIHBOtd COHCF.E'fE CO 972323 PRO PATCH 972529 APAG-OKLAHOMA, INC. is DEPARTMENT TOTAL =___> PAGER USE MOW EASEMENTS 3/18/97 MOW ATOR EASEMENT 3/18/97 MOW EL RIO 3/18/97 MOW HWY 169 3/18/97 MOW 169 EASEMENT 3/18/97 TRAFFIC CONTROL MAIHT CONCRETE-REPAIRS POTHOLE FATCHIHG ASPHALT 93.87 89.89 183.76 6.95 b0.00 bb.95 40.65 15,278.00 115.35 175.00 257.b8 357.06 139.00 bb.95 240.31 1b,670.00 46.33 50.00 27.50 30.00 1,650.00 65.00 475.00 119.00 380.00 184.84 3,027.67 5 I~ CITY OF OWASSO GENERAL FU?iD 5/30/97 8:52:59 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- COMMUNITY CENTER ------------------------------ 972507 MURRAY WOMBLE CO OF TULSA DOOR REPAIR 972508 TAYLOE PAPER CO CLEANING SUPPLIES DEPARTMENT TOTAL =___> PARK MAINTENANCE ------------------------------ 971677 AT&T WIRELESS SERVICES PAGER USE 9724$7 J B STIGALL MOW ATOR PARK 97250b OWASSO GLASS REPAIR GAS LIGHT 972510 TREASURER PETTY CASH REIMB PETTY CASH 972513 YALE UNIFORM RENTAL UNIFORM CLEAN/RENT 972525 TOWN & COUNTRY LANDSCAPIH MOW RAM PARK 972525 TOWN & COUNTRY LANDSCAPIH MOW ELM CREEK PARK 972533 AT&T WIRELESS SERVICES PHONE USE-WARREN 972534 DAVID WARREN TUITION REIMBURSEMENT 972535 BROKER ARROW ELECTRIC SUP LIGHT BULBS-RAM FIELD 972559 BAILEY EQUIPMENT MAINTENANCE SUPPLIES DEPARTMENT TOTAL =___> FUND TOTAL =___> 130.00 64.30 194.30 13.90 150.00 18.00 20.00 74.40 88.00 438.00 33.70 171.00 349.86 12.00 1,368.86 29,362.42 6 ~ CITY OF OWASSO WORHERS' COMP SELF-INS PLAN ~, 5/30/97 8:52:59 A/P CLAIM5 REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT GENERAL GOVERNMENT ----------- ------------------- 970359 UTICA PARK CLINIC D WARREN 7/29/96 34.00 972022 WARREN CLIHIG C DUFFY 2/27/97 98.89 972131 TULSA X-RAY LAB IHC M SOLE 1/19/97 150.11 972262 WARREN CLIHIG J DUGAH 4/3/97 51.66 ~ 972336 EYE CARE EYE WEAR J MCELRATH 4/7/97 50.00 972339 WARREN CLIHIG J DUGAH 4/3/97 9b.66 972510 TREASURER PETTY CASH REIMB PETTY CASH 6.1b DEPARTMENT TOTAL =___> 487.48 ~~ FUND TOTAL =___> 487.48 1 CITY OF OWASSO AMBULANCE SERVICE FUND 5/30/97 8:52:59 A/P CLAIMS REPORT APAPVR PAGE: PD # VENDOR DESCRIPTIDH AMOUNT ---------- ------------------------- ------------------------- ------------- 972511 WDRKS & LEHT~, INC. CDLLECTIDHS 2-4/9? 972512 OKLA HEALTH CARE AUTHORIT REFUND OVERPAYMENT DEPARTMENT TDTAL ====3 AMBULANCE ------------------------------ 97238b CHRIS WIL5DH VOLUNTEER FIRE RUNS 972539 ALLIANCE MEDICAL, INC. AMBULANCE SUPPLIES DEPARTMENT TOTAL =___> FUND TDTAL =___> 306.09 54.42 3b0.51 49.50 338.44 387.94 748.45 2 ii ii ii 5/30/97 8:52:59 CITY dF dWASSd CITY GARAGE A/P GLAIMS REPORT APAPVR PAGE: 10 Pd # VENDOR DESGRIPTIdH AMOUNT ---------- ------------------------- ------------------------- ------------- CITY GARAGE 971677 AT&T WIRELESS SERVICES PAGER USE 972421 dFFICE DEPOT CARD PLAN dFFICE SUPPLIES 972423 YALE UNIFORM RENTAL UNIFORM CLEAN/RENT 972438 EQUIPMENT OHE RENTAL & 5A PROPANE 972443 CROW BURLIHGAME REPAIR SUPPLIES 972443 CROW BURLIHGAME REPAIR PARTS 972444 BIG "A" AUTD PARTS TULSA REPAIR PART5 972446 AUTO ZdHE REPAIR PARTS 972450 H G FLAKE REPAIR PARTS 972510 TREASURER PETTY CASH IHSFECTIdH STICKERS 972510 TREASURER PETTY CASH REIMB PETTY CASH 972520 TULSA CLEANING SYSTEMS PRESSURE WASHER HOSE 972521 STEVE'S WHOLESALE LdHG RAM JACK 972521 STEVE'S WHOLESALE SMALL TddLS 9?2560 DRIVE TRAIN SPECIALISTS REPAIR PARTS 972561 'P&W TIRE CO BACKHOE TIRE 972562 TULSA FdRD HEW HOLLAND, I REPAIR PARTS 972564 MAXWELL OIL CORP OILS/CUBES 972564 MAXWELL OIL CORP CLEANING SOLVENT 972565 MASTHEAD HOSE & SUPPLY REPAIR PARTS 972556 OWAS5O TIRE BARN TIRES/REPAIRS 972569 STANDARD AUTO SUPPLY REPAIR PARTS DEPARTMENT TOTAL =___> FUND TOTAL =_=_? 6.95 9.20 130.00 55.50 8.58 739.30 352.73 44.97 36.14 48.00 5.27 56.75 56.88 56.76 112.99 88.22 52.36 745.10 92.50 29.63 61.15 26.30 2,$15.28 2,815.28 I~ CITY OF OIJASSO CAPITAL IMPROVEMENTS 5/30/9? 8:52:59 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESGRIPTIOH AMOUNT ---------- ------------------------- ------------------------- ------------- GENERAL GOVERNMENT ------------------------------ 972510 TREASURER PETTY CASH G ORR-REMODEL LABOR 150.00 DEPARTMENT TOTAL =___} 150.00 PARKS ------------------------------ 972570 J COLLINS DEPARTMENT TOTAL =___> FUND TOTAL =___} GRAND TOTAL =___} RESTROOM FACILITY DESIGN 455.00 455.00 b05.00 270,908.64 11 CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE OS\24\97 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES Garage $2,536.40 ;; .; APPROVED: 06\03\97 Mayor Council Member Council Member CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE OS\24\97 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Finance 181.58 7,834.68 .>..: Municipal .Court .::::::.:::.::::.:::::::::::::.::::::::::::.:: ~::::::::::::::::::::.:::::::.::::: 0.00,::::::::::::::::::::.::::::::889.78::.: . ....:.......... Support Services 57. 00 3,501.3 4 . .:::.::::.:::::::::::.:::::::::::.:::::::.::::::::::::::::::::.:::::::::::::: ::::::::::::::::::::::::: : .::: Central Dispatch ........................~:::.::~..............:::::::........::::::.::::::..::17.37:::.:::........ .......:::4,161`59::.: } ~~ { ~iX•:L~~Id:t4:W:?J:i~~:4ij~{~i::•'.i::::::•i:::::• :::::::::::::•:::•:•:::::•i:•:::•:::•:::::::•Y::::•:::•:::~::•Y~::ii{{ii{{:::i::j::y::::}C<::yCC:{:1/.•ii{•:AiN~::::::i::::::i::::::i::::: ........................................................................................ :: :::.:::.... ...................................................:...:....K:K.:................v.:...:::::::. ~:::::::....... yy ^: >•. ~5:; i::::::i:}:::}:::::}::::: ~' :} i'h' ......4„Y,.. ,., :.::.::. ::. Fire 987.25 30,204.34 >:. Community-Senior .Center:.,.::..::::::: ::::::...::::::::::::::::::::::::::::::::0;00.:::::..:::::::::..:.:::. 2,.45 3,.95.... ~~:d?G..~~~ .............................................................................~,..................... ........... ....~:r~... a ........................................................................................................................................................ .......:::.,.:. ::....:.:............ Economic Development 0.00 1243.33 .. . r. t ::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::: ::::::::::: :.::::.~::::.~:.::~. APPROVED: 06\03\97 Mayor Council Member Council Member 1 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO r FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: AGREEMENT WITH THE OKLAHOMA TAX COMMISSION FOR ADMINISTRATION OF THE SALES TAX ORDINANCE ~ AND THE USE TAX ORDINANCE DATE: May 30, 1997 BACKGROUND: The City of Owasso levies a 3 % sales tax and a 3 % use tax on the sales of eligible merchandise ' as allowed by statute. Collection of the sales and use tax is currently performed by the Oklahoma Tax Commission (OTC) under an agreement between the OTC and the City. The ~ agreement with the OTC requires annual renewal by the City Council. In return for collection and administration of the tax, the OTC retains one percent of the total amount collected. Without this agreement, the OTC would not collect Owasso's portion of the sales tax. The 1 % fee retained by the Commission for collection of the sales and use taxes r during the past year was approximately $46,000. Several cities and the OML have studied alternate methods of collecting the sales tax. At this time, there does not appear to be a more cost-effective option. The attached agreements with the Commission are identical (except for dates) to the agreements approved in previous years. Mr. Cates has reviewed the documents and indicated that they are appropriate for Council consideration. ' RECOMMENDATION: Staff recommends Council approval of the "Agreement for Administration of the Sales Tax ' Ordinance" and "Agreement for Administration of the Use Tax Ordinance" with the Oklahoma Tax Commission. ' ATTACHMENTS: Agreement for Administration of the Sales Tax Ordinance Agreement for Administration of the Use Tax Ordinance r i AGREEMENT FOR ADMINISTRATION OF THE SALES TAX ORDINANCE OF THE CITY/TOWN OF .e THIS AGREEMENT is entered into this. day of 19 ,pursuant to the r provisions of Section 2701 et seq. of Title 68 of the Oklahoma State Sta tes, between the Oklahoma Tax Commission, hereinafter referred to as "Commission" and the City/Town of ,Oklahoma, for the administr tion of Ordinance No. ,hereinafter referred to as "Ordinance" levying a municipal sales tax of percent (_c3 %) within the Municipality, to-wit: 1. This Agreement is based upon the provisions contained in the Ordinance of the Municipality, a certified copy of which is attached hereto and made a part hereof. The Municipality agrees to forthwith provide the Commission with a certified copy of each amendment to the Ordinance enacted during the time this Agreement is in effect. Any amendment to the Ordinance which the Commission determines is inconsistent with the terms of the Agreement shall constitute grounds for termination by the Commission of this Agreement. 2. The Commission shall administer and enforce the Ordinance and collect the municipal sales tax in the manner herein provided. It is recognized and acknowledged that the ordinance levies a municipal sales tax upon all sales which are subject to the sales tax levied by Sections 1350, et seq. of Title 68 of the Oklahoma Statutes, hereinafter referred to as "Oklahoma Sales Tax Code,"; that all sales exempt from state sales tax are exempt from the municipal sales tax, unless otherwise provided by the Oklahoma Sales Tax Code; and, that in administering, enforcing and collecting the municipal sales tax, the term "sale" as used herein shall mean "sale" as defined by state statute and the Commission's determination of what constitutes a sale shall be binding on the Municipality. 3. The Commission and the Municipality acknowledge that the bracket system should be adopted for the convenience of vendors in collecting both the state and municipal sales tax, as authorized in Section 1362 of Title 68 of the Oklahoma Sales Tax Code. 4. The Municipality agrees that vendors' claims for the discount allowed in Section 1367 of the Oklahoma Sales Tax Code shall be applicable to both state and municipal sales tax remittances and the Commission`s determination of the validity of the claims shall be binding on the Municipality. 5. The Municipality agrees that the Commission shall retain, for its services rendered, an amount not to exceed one and three-fourths percent (1-3/4%) of the amount of such tax, penalty and interest, collected by the Commission. 6. Except as otherwise provided in this Agreement or Amendment hereto, the Commission shall give no preference in applying money received for state and municipal sales taxes owed by a taxpayer. All monies collected shall be applied pro rata to the satisfaction of the claims of the Commission and the claims of the Municipality in amounts calculated on a percentage equal to the proportion of their respective claims to the total sales tax liability of the taxpayer. 7. The Municipality acknowledges that the municipal sales tax received and collected pursuant to this Agreement will be deposited in the State Treasury as required by law. The Commission agrees that as early as possible each month, and so~long as the Commission has any funds due the Municipality under this Agreement, it will cause to be paid over to the Treasurer of the Municipality, all municipal sales tax, penalty and interest received by the Commission during the preceding calendar month, except any amount refunded to taxpayers and less any sums withheld under Paragraph 5 above. 8. The Commission agrees to require reports of municipal sales tax from vendors, to maintain records of reports and collections from vendors and to maintain the records in such a manner that the total amount due the Municipality each month can be determined by the Commission. And, the Commission agrees to transmit to the Municipality a monthly statement of the municipal sales tax collected the preceding month and the amount refunded. The Municipality shall have no other claim under this Agreement against the Commission for any funds other than for the municipal sales tax, penalty and interest thereon collected hereunder by the Commission. 9. The Municipality agrees that refunds of municipal sales tax previously paid over to the Treasurer of the Municipality shall be paid from subsequent collections of the municipal sales tax. The Commission's determination of claims for refund shall be binding on the Municipality. 10. Both parties agree that nothing herein shall be construed to affect the applicability of the Supreme Court's decision in the consolidated case of Kay Electric Cooperative, Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission and Cotton Electric Cooperative, Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission, 62 O.B.A.J. 2233 (July 20, 1991), to circumstances that may arise hereunder. 11. The Municipality agrees that any municipal sales tax, penalty and interest paid under protest received by the Commission during a preceding calendar month shall be paid over to the Treasurer of the Municipality. If the protested municipal sales tax is refunded, the municipal sales tax, penalty and interest paid under protest and interest required to be paid thereon will be paid out of current collections and deducted from the amount due the Municipality. 12. The Municipality acknowledges that the provisions of Section 205 of Title 68 of the Oklahoma Statutes, making the records and files of the Commission confidential and prohibiting disclosure of same, includes the Commission's records and files in respect to the collection of municipal sales tax and that sales tax reports, records, files and any information obtained therefrom, cannot be divulged or disclosed except as authorized by statute. 13. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal sales tax funds in its possession then due and payable under this Agreement, and the Municipality shall thereafter be liable for and shall pay any refunds of municipal sales tax required by law to be made, including refunds of the amount of such municipal sales tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being held by it. The Municipality agrees to pay any interest required by law to be paid on such refunds. 14. The Municipality agrees that the Commission shall have the authority to assess, to collect, to enforce and to ~, prosecute the municipal sales tax penalties and interest thereon, including any tax, penalty and interest liability existing on the date of this Agreement. The Municipality agrees that the Commission shall have all the powers of enforcement in regard to municipal sales tax, penalties and interest as are granted to or vested. in the Municipality. And, the Municipality agrees to refrain from any assessment, collection, enforcement or prosecution of the municipal sales tax except as specified in this Agreement. 15. It is recognized and acknowledged that the Ordinance includes criminal sanctions for violation of the Ordinance. The Commission agrees that the Municipality may prosecute, in its Courts, any criminal violations of the Ordinance. And, the Commission agrees to fully cooperate with the Municipality in its prosecution efforts and to disclose information to the Municipality as required by law. The Municipality agrees that the Commission will not prosecute violations of the Ordinance. 16. The Municipality agrees that any payment of tax, penalty or interest thereon, generated as a result of criminal prosecution or enforcement activity by the Municipality, shall be paid by the taxpayer directly to the Commission and shall be applied pro rata to the satisfaction of the respective liabilities owed to the State and the Municipality in amounts ~ calculated on a percentage equal to the proportion of each liability to the total sales tax liability of such taxpayer. 17. It is recognized and acknowledged that the Municipality may elect to augment the Commission's enforcement of municipal sales tax. The Municipality agrees to refrain from any efforts to augment the Commission's enforcement of municipal sales tax except as specified by written Amendment to the Agreement approved by the Municipality and the Commission. 18. The Municipality agrees that the Commission has the sole authority to enter into an installment agreement with any taxpayer, including a taxpayer prosecuted under a municipal sales tax ordinance, for state and municipal sales taxes owed by the taxpayer, and that all monies collected pursuant to an installment agreement are to be applied pro rata to the satisfaction of the respective liabilities owed to the State and the Municipality in amounts calculated on a percentage equal to the proportion of each liability to the total sales tax liability of such taxpayer. 19. The Municipality agrees that if the constitutionality or legality of the Ordinance or any provisions thereof, shall be attacked in any Court, it shall be the duty of the Municipality to defend such litigation. 20. The Municipality agrees to promptly give the Commission a notice in writing of any annexation or de- annexation of territory to the Municipality. The notice shall include a verified copy of the street or physical boundaries of the newly annexed or de-annexed territory. All Municipality limit lines shall be designated by street name, or other physical boundaries, shown in map form, and certified to the Commission. 21. The. Municipality shall notify the Commission by the fifteenth of the month when an increase or decrease to the City rate occurs. Rate changes can only become effective on the first day of a month. A copy of the Ordinance and a certified copy of the election results must be submitted to the Commission for each rate change. ~ r 22. This Agreement shall be in effect from July 1 , 19 97 ,until June 30, 19 98 Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and yeaz first above written. OKLAHOMA TAX COMMISSION hairman ice Chairman Secre Me ber ATTEST: (STATE SEAL) istant Secretary OTC THE MUNICIPALITY OF A Municipal Corporation Mayor ATTEST: (CITY SEAL) City Clerk APPROVED: Director, Taxpayer Assistance Division AGREEMENT FOR ADMINISTRAT/IJO~N OF THE USE TAX ORDINANCE OF THE CITY/TOWN OF C~ THIS AGREEMENT is entered into this day of . 19 ,pursuant to the provisions of Section 2701 and 1411 of Title 68 of the Oklahoma Stat/e~tutes, between the Oklahoma Tax Commission, hereinafter referred to as "Commission" and the City/Town of ~V ,Oklahoma, for the administration of Ordinance No. ,hereinafter referred to as "Ordinance" levying a municipal use tax of percent ~%) within the Municipality, to-wit: 1. This Agreement is based upon the provisions contained in the Ordinance of the Municipality, a certified copy • of which is attached hereto and made a part hereof. The Municipality agrees to forthwith provide the Commission with a certified copy of each amendment to the Ordinance enacted during the time this Agreement is in effect. Any amendment to the Ordinance which the Commission determines is inconsistent with the terms of the Agreement shall constitute grounds for termination by the Commission of this Agreement. 2. The Commission shall administer and enforce the Ordinance and collect the municipal use tax in the manner herein provided. It is recognized and acknowledged that the ordinance levies a municipal use tax upon all use within the Municipality of property, the sales of which, if made within the Municipality, would be subject to the municipal sales tax. The municipal use tax should be administered in the same manner as the use tax levied by Sections 1401, et seq. of Title 68 of the Oklahoma Statutes, hereinafter referred to as "Oklahoma Use Tax Code,"; that all exemptions from state use tax are exempt from the municipal use tax, unless otherwise provided by the Oklahoma Use Tax Code; and, that in administering, enforcing and collecting the municipal use tax, the terms use or "sale" as used herein shall mean "sale" as defined by state statute and the Commission's determination of what constitutes a sale shall be binding on the Municipality. 3. The Commission and the Municipality acknowledge that the bracket system should be adopted for the convenience of vendors in collecting both the state and municipal use tax, as authorized in Section 1410 of Title 68 of the Oklahoma Use Tax Code. 4. The Municipality agrees that vendors' claims for the discount allowed in Section 1410 of the Oklahoma Use Tax Code shall be applicable to both state and municipal use tax remittances and the Commission`s determination of the validity of the claims shall be binding on the Municipality. 5. The Municipality agrees that the Commission shall retain, for its services rendered, an amount not to exceed one and three-fourths percent (1-3/4%) of the amount of such tax, penalty and interest, collected by the Commission. 6. Except as otherwise provided in this Agreement or Amendment hereto, the Commission shall give no preference in applying money received for state and municipal use taxes owed by a taxpayer. All monies collected shall be applied pro rata to the satisfaction of the claims of the Commission and the claims of the Municipality in amounts calculated on a percentage equal to the proportion of their respective claims to the total use tax liability of the taxpayer. 7. The Municipality acknowledges that the municipal use tax received and collected pursuant to this Agreement will be deposited in the State Treasury as required by law. The Commission agrees that as early as possible each month, and so long as the Commission has any funds due the Municipality under this Agreement, it will cause to be paid over to the Treasurer of the Municipality, all municipal use tax, penalty and interest received by the Commission during the preceding calendar month, except any amount refunded to taxpayers and less any sums withheld under Paragraph 5 above. 8. The Commission agrees to require reports of municipal use tax from vendors, to maintain records of reports and collections from vendors and to maintain the records in such a manner that the total amount due the Municipality each month can be determined by the Commission. And, the Commission agrees to transmit to the Municipality a monthly statement of the municipal use tax collected the preceding month and the amount refunded. The Municipality shall have no other claim under this Agreement against the Commission for any funds other than for the municipal use tax, penalty and interest thereon collected hereunder by the Commission. 9. The Municipality agrees that refunds of municipal use tax previously paid over to the Treasurer of the Municipality shall be paid .from subsequent collections of the municipal use tax. The Commission's determination of claims for refund shall be binding on the Municipality. 10. Both parties agree that nothing herein shall be construed to affect the applicability of the Supreme Court's decision in the consolidated case of Kay Electric Cooperative, Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission and Cotton Electric Cooperative Inc v State of Oklahoma ex rel. Oklahoma Tax Commission, 62 O.B.A.J. 2233 (July 20, 1991), to circumstances that may arise hereunder. 11. The Municipality agrees that any municipal use tax, penalty and interest paid under protest received by the Commission during a preceding calendar month shall be paid over to the Treasurer of the Municipality. If the protested municipal use tax is refunded, the municipal use tax, penalty and interest paid under protest and interest required to be paid thereon will be paid out of current collections and deducted from the amount due the Municipality. 12. The Municipality acknowledges that the provisions of Section 205 of Title 68 of the Oklahoma Statutes, making the records and files of the Commission confidential and prohibiting disclosure of same, includes the Commission's records and files in respect to the collection of municipal use tax and that use tax reports, records, files and any information obtained therefrom, cannot be divulged or disclosed except as authorized by statute. 13. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal use tax funds in its possession then due and payable under this Agreement, and the Municipality shall thereafter be liable for and shall pay any refunds of municipal use tax required by law to be made, including refunds of the amount of such municipal use tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability. shall extend only to the amount of such funds being held by it. The ~ Municipality agrees to pay any interest required by law to be paid on such refunds. 14. The Municipality agrees that the Commission shall have the authority to assess, to collect, to enforce and to prosecute the municipal use tax penalties and interest thereon, including any tax, penalty and interest liability existing on the date of this Agreement. The Municipality agrees that the Commission shall have all the powers of enforcement in regard to municipal use tax, penalties and interest as are granted to or vested in the Municipality. And, the Municipality agrees to refrain from any assessment, collection, enforcement or prosecution of the municipal use tax except as specified in this Agreement. 15. It is recognized and acknowledged that the Ordinance includes criminal sanctions for violation of the Ordinance. The Commission agrees that the Municipality may prosecute, in its Courts, any criminal violations of the Ordinance. And, the Commission agrees to fully cooperate with the Municipality in its prosecution efforts and to disclose information to the Municipality as required by law. The Municipality agrees that the Commission will not prosecute violations of the Ordinance. 16. The Municipality agrees that any payment of tax, penalty or interest thereon, generated as a result of criminal prosecution or enforcement activity by the Municipality, shall be paid by the taxpayer directly to the Commission and shall be applied pro rata to the satisfaction of the respective liabilities owed to the State and the Municipality in amounts ~ calculated on a percentage equal to the proportion of each liability to the total use tax liability of such taxpayer. 17. It is recognized and acknowledged that the Municipality may elect to augment the Commission's enforcement of municipal use tax. The Municipality agrees to refrain from any efforts to augment the Commission's enforcement of municipal use tax except as specified by written Amendment to the Agreement approved by the Municipality and the Commission. 18. The Municipality agrees that the Commission has the sole authority to enter into an installment agreement with any taxpayer, including a taxpayer prosecuted under a municipal use tax ordinance, for state and municipal use taxes owed by the taxpayer, and that all monies collected pursuant to an installment agreement are to be applied pro rata to the satisfaction of the respective liabilities owed to the State and the Municipality in amounts calculated on a percentage equal to the proportion of each liability to the total use tax liability of such taxpayer. 19. The Municipality agrees that if the constitutionality or legality of the Ordinance or any provisions thereof, shall ''~ be attacked in any Court, it shall be the duty of the Municipality to defend such litigation. ~ 20. The Municipality agrees to promptly give the Commission a notice in writing of any annexation or de-annexation of territory to the Municipality. The notice shall include a verified copy of the street or physical boundaries of the newly .~- annexed or de-annexed territory. All Municipality limit lines shall be designated by street name, or other physical ~ boundaries, shown in map form, and certified to the Commission. 21. The Municipality shall notify the Commission by the fifteenth of the month when an increase or decrease to the City rate occurs. Rate changes can only become effective on the first day of a month. A copy of the Ordinance ~ and a copy of the minutes from meeting of the Municipality must be submitted to the Commission for each rate change. 22. This Agreement shall be in effect from July 1 , 19 97 ,until June 30, 19 98 Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above written. 1 OKLAHOMA TAX COMMISSION hairman v• ice Chairman Secretary Mem er THE MUNICIPALITY OF A Municipal Corporation Mayor ATTEST: (CITY SEAL) City Clerk . ATTEST: (STATE SEAL) stant Secretary OTC APPROVED: Director, Taxpayer Assistance Division MEMORANDUM TO: THE IIONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR COUNCIL ACTION REPLACEMENT AGREEMENT AMENDIN AGREEMENT OF 1967 CREATING THE COUNCII. OF GOVERNMENTS DATE: May 30, 1997 BACKGROUND: TO APPROVE A G AN INTERLOCAL INDIAN NATIONS On July 17, 1967, the City of Owasso and 18 other Tulsa area cities, towns and counties signed ' an agreement creating the "Indian Nations Council of Governments. The original agreement was one of the first uses of Oklahoma's then newly enacted "Interlocal Cooperation Act" . That ~ legislation allowed public bodies to join together to accomplish mutually beneficial tasks. INCOG was originally formed to act as one of eleven "sub-state planning districts", and to act ~ as a "clearing house" for federal and state grants. At the time of INCOG's creation there were very few regional or local long-range planning efforts under way anywhere in the State of Oklahoma. The sub-state planning districts were thought to be a method of addressing the need for regional planning while still maintaining local involvement and control with a "Council" of ., governments. Over the past thirty years INCOG has experienced many changes in specific programs, but it continues to serve as the lead agency for regional planning and, in many cases, ~ as the facilitator for bringing the various communities together to focus on specific area needs. In 1996, the INCOG Board of Directors began discussions relating to the need to address changes in the manner in which business is conducted by the Board of Directors, General Assembly and Executive Committee. In addressing those areas, it became clear that the original agreement was not always consistent with actual practices relating to how business is handled. ~ Therefore, the Board, through a committee, began the task of rewriting the agreement so as to clearly separate the issues of membership, organization, and powers of the Board from those ' issues or provisions governing how business is conducted at Board and General Assembly meetings. INCOG REPLACEMENT AGREEMENT MAY 30, 1997 PAGE 2 Initial changes made to the original agreement creating the Indian Nations Council of ~ Governments involved separating the provisions of the agreement into three documents. The first document is an amendment to the agreement, and it contains terms required by the Interlocal Cooperation Act. The remaining two documents are bylaws for the Board of Directors and the General Assembly and contain provisions governing the procedures by which those groups meet and conduct business. Many of the changes suggested are for purposes of clarification or consistency. These changes do not alter the original intent of the agreement nor change current practice. Modifications to the original numbering and lettering scheme are not indicated. Substantive changes are explained below. 1. Page 2, Section 1 (B) -Cities and towns are specifically listed as being eligible for membership because they are referred to specifically throughout the agreement. Previously, they were more generally included in the membership provisions for "public agencies" . 2. Page 5, Section V (B)(3) -This allows the Board of County Commissioners, after consultation with cities and towns under 3500 population, to appoint one representative to the Board of Directors for those cities and towns. These cities and towns are non-dues paying members by virtue of their location in a member county. Originally, the agreement required those small cities and towns to jointly select a representative, a procedure presenting logistical difficulties. 3. Page 6, Section VI (A)(9) -This paragraph clarifies the role of the Board of Directors and gives the Board sole power to enter into contracts for INCOG. The agreement continues to allow the General Assembly to review and ratify, amend or reject those activities for which the Board does not have sole authority. 4. Page 7, Section VIII -This section was added to meet requirements of the Interlocal Cooperation Act and represents current methods of assessing dues for local government members. The provisions for tribal governments and other public agencies were added in the event those entities should join INCOG as associate members. 5. Page 7, Section IX (B) -This paragraph requires amendments to the agreement to be ~ approved by two-thirds of those members present at meetings of the General Assembly and the Board of Directors. In addition, amendments must be approved by the governing bodies of all dues-paying members. Originally, amendments were required to be approved by a majority of the entire membership of the Board of Directors and the General Assembly. INCOG REPLACEMENT AGREEMENT MAY 30, 1997 PAGE 3 LEGAL REVIEW: It should be noted that the proposed replacement agreement has been reviewed by the Oklahoma Attorney General's office. That review has resulted in notification that, upon approval of the signature parties, the Replacement Agreement will be officially approved. COMMENTS: Area City Managers have been actively involved in the review of this proposal. That review resulted in substantial changes to the proposed new agreement. The final document (attached) remains much closer to the original and retains authority in the Board of Directors and General Assembly. RECOMII~NDATION: The staff recommends Council adoption of Resolution #97-OS adopting the agreement replacing the original agreement creating the Indian Nations council of Governments and authorizing the Mayor to execute such agreement. ~ ATTACIiMENTS: 1. Resolution #97-OS 2. Correspondence from INCOG dated May 5, 1997 ~ 3. "Marked-up" copy of Agreement showing changes 4. Proposed replacement agreement 5. Original agreement creating INCOG 6. Owasso City Council's Resolution #67-2 declaring intent to participate in INCOG and authorizing the Mayor to execute the original agreement ' 7. Owasso Resolution #67-3 appointing Mayor John Groth as Owasso representative to INCOG CITY OF OWASSO, OKLAHOMA RESOLUTION NO 97-OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, APPROVING AND ADOPTING THE AGREEMENT REPLACING THE ORIGINAL AGREEMENT CREATING THE INDIAN NATIONS COUNCIL OF GOVERNMENTS AND AUTHORIZING THE EXECUTION THEREOF. WHEREAS, 74 O.S. 1996, Section 1001 et seq. (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling • them to cooperate with other localities on the basis of mutual advantage; and, WHEREAS, the Indian Nations Council of Governments was created in 1967 pursuant to the Interlocal Cooperation Act by the execution of the Agreement Creating the Indian Nations Council of Governments; and, WHEREAS, An Agreement Replacing the Agreement Creating the Indian Nations Council of Governments has been approved by the Board of Directors and General Assembly of the Indian Nations Council of Governments; and, WHEREAS, the Board of Directors and General Assembly have recommended that the Agreement Replacing the Agreement Creating the Indian Nations Council of Governments be approved by the local governments who are members of the Indian Nations Council of Governments; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: That the Agreement Replacing the Agreement Creating the Indian Nations Council of Governments is hereby approved and adopted and that the Mayor is hereby authorized and directed to execute the formal Agreement Replacing the Agreement Creating the Indian Nations Council of Governments on behalf of the City of Owasso. PASSED, APPROVED AND ADOPTED this 3rd day of June, 1997 by the City Council of the City of Owasso, Oklahoma. ATTEST: Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney I ~~ O ~ a vduntary association of local governments serving creek, Osage, rogers, tulsa and wagoner counties 201 west 5th street, suite 600•tulsa,oklahoma 74103-4236.918/584-7526 May 5, 1997 Mayor Danny Ewing City of Owasso P.O. Box 180 Owasso, OK 74055 Dear Mayor Ewing: After thorough review and discussion, the INCOG Board of Directors in October of last year approved the attached Agreement Replacing the Agreement Creating the Indian Nations Council of Governments. The Replacement Agreement amends the original interlocal agreement which created INCOG thirty years ago. The INCOG General Assembly also approved the Replacement Agreement at its November, 1996 meeting. Since that time, the Oklahoma Attorney General's staff has reviewed the document and has just advised us that once the Replacement Agreement has been executed by the parties, that office will officially approve it. ' The primary impetus for amending the original interlocal agreement came from a desire to separate provisions covering membership, powers and organization of INCOG from what are normally bylaw provisions governing the method of conducting business at Board and General ' Assembly meetings. Other changes were made as a matter of clarification or housekeeping by inserting into the agreement what has been the practice of the Board or General Assembly ~ through the years. Also enclosed is a resolution approving the new original Agreement. We ask that each local governing body approve the Resolution and mail two signed copies to: Vivian Elliot INCOG 201 W. 5th Street, Suite 600 Tulsa, OK 74103 ^ Mayor Danny Ewing City of Owasso ' May 5, 1997 Page 2 1 You will also be receiving another memo from us, under separate cover, in regards to renewing ,~ your City's membership in the Metropolitan Tulsa HOME Consortium. We would appreciate your scheduling Council action on both the replacement agreement and the HOME Consortium membership renewal at the same Council meeting. This way staff can be present to answer T any questions on both issues. If you have any questions about the Replacement Agreement or the Resolution, please do not hesitate to call either Ann Domin or me. Sincerely, J ker Ex cuti Director e cc: R dney Ray Enclosure: Agreement Replacing Agreement Creating the Indian Nations Council of Governments I'IH/ ,7l'J ~ 7r YJf •4YJHI'1 11`II.VI~ r• 1 ' ~~ FROM: .fivy~z,/~-~~ 7 ~~ DATE:' ~`~/9'~~ r ~' ~ ,~ '~ r V L t7 ~ PHA SPA DOING g FAX N; _ _~ -~--•-_-- - r r ~" AOREEMENt CREATING 'fHE /Vl a Qx~D ~ U~ INDUIN NATICN8 COt1NC1L OF t30VERNMENTS "~D~z.~F-r' A8 AMENDED ~__,.. Whereas, the 3Qth Oklahoma Legislatute enacted Senate Bill No. 343 (Title 74, 0.8. 3upp. 1966, § 1001 et seq.) permitting public agencies to enter into agreements with one another for Joint or cooperative action pursuant to the provisions of said act; and Whereas, pursuant thereto, it is the purpose and desire of the undersigned public agencies to create ~ a 1 Council of Governments to enable said public agencies to more efficiently uRe their powers by cooperating with each other on a basis of mutual advantage and thereby provide services and fatalities in a manner and pursuant to a form that will accord best with geographic, economic, population and other factors influencing the needs and ~ development Of said public agencies. NOW, THEREFORE, the Indian Nations Council of t3ovemments is hereby treated by agreement of the parties hereto. under the authority of Title 74, O.S. Sapp. 1966, $ 1001 et seq., In accoroance with the folbwina provisions. aTS~MFNT OF PRINGIPLEt3 AND POLIGIF.B 1. The underlying Concept of the Indian Nations Goundl Of t3ovemments (hereiniaRsr referred to as the Council) is that the public agencies, which aro closest to the people, should exercaae the basic initiative ~ and leadership and have the primary respOnsibiNty for dealing with those problems and needs which require action on art area-wkie or regionsi basis. 2. The physical, econorniC and socxst wail-being of the region, its citizens and business enterprises, now and ' In the future, aro dependent upon an orderly development of the entire region. This wNl be possible only with the suooedsful coordination of services and pdioiN of public agendas. ' 3. Counties, aid cities are the prindpal public agencies in the region. As such, they have the ~,,,, responsibility for anticlpating and moeting the local governmental needs which future development will produce, including the need for joint and Coordinated area-wide services. 4. County and city governing bodies are, and should continue to be, the top policy makers in local government. They are directly concerned with all services and regulations affecting the public in their communities. 5. Constructive And workable policies and programs for meeting and solving the area-wide problems of public agencies will be most effectively and expeditious{y developed by regular meetings of public agency members in an area-wide voluntary council dedicated to the solution of these problems. ~ 6. The Council is an organization through which individual public agencies can coordinate their efforts. It is not in itself a government nor does it seek to become ono. 7. The Council shall consider such matters as are area•wide or regional in nature. MEM9ERSHIP IN INDIAN NATIONS COUNCIL OF GOVERNMENTS Section t. f~enaral As~rnbly M~mbershia: Membership in the General Ass~nbly and execution of this Agreement shat{ be determined by a passage of en ordinance, resolution or otherwise purouant to law of the governing body of the participating pubUc apenry and shatl indude ~. fgltowlnn: A. The counties of Creek, Osage, Tulsa and Wagoner and any additional contiguous county this Agreement ~ua3feea-to-We 9rev+6ioaa~ePsi1+• B. C. Incorporated plies and towns wiM population of 3,500 end over Chet are located in counties contlQuous tQ member counties may join as partiicipatlnq members subject to the provisions hensirt. . ~ ^ E. Ali public Agencies with an erected policy board having some jutiedictlon within any county named t-A or an add~ional county which subsequently joins may be members. ' ~n Secuon y 2 F. In the case where a county eleClS rat to join INCOG. an Individual county commission district .n that county desiring to join may execute this Agreement subject to the previsions here n. Section ll. ~p~tes end Vodnc: Participating membership In the ' General Assembly sha11 be those eligible incorporated cities and towns, aAd counties and county ~ commission districts set forth or determined under Section I which voluntarily determine to cooperate in the activities of the Council by ' q, Q~,Ei~: Each participating member shall appoint one (1 }Delegate to the General Assembly. All Delegates shall tae public officials who hold an elective oflgce. g, yQyps: Each participating member shall be entitled b one {1) vote in the Genera{ Assembly. Section ill. ' Assocate membership in the General Assembly shall be open to incorporated munieipailtless of under 3,500 popuiatiort that have unsucxessfully petitioned their rti respective county to become a participating member. and other public agencies with elected policy boards, e.g. special district's, Indian tribes having their prirtCipal headquarters in the Region, etc., which voluntarily detartnine to cooperate in the activities o/ the Council by paying an annual fee for general staff service in an amour! sufncient to provide funds as necessitated by the Council budget set by the Board of directors. ~"` q, Q, Each associate member shelf appoint one (1) Delegate to the General Assembly. AN ~ De1so8lOs shall be public offktisls who hold an elective office. g, Y9i~: Associate members shall not be entitled to vote, but may partlcipste in the Assembly's i1• discussion. ~,°n IV. ~ Powers exercised by the t3eneral Assembly shell be b: ~ 1. Annually adopt a budget and annual assssesnrent schedule upon receipt of favorable recommendation from the Board of Directors, 3 Z. Approve andJor adopt plena and pvliCiea which are regionwide in nature upon receipt of favorable recommendation of the Board of Directors. ~ 3, Propose aRtLRlI~ amendments to Cte INCOG General Aaaembt~ Bylaws. ,r 4. Amend thin Agn_ement tps-BylAw6 in Concert with the Board of Directors according to the procedures set out in Section iX. ~ .ri 5. Any official delegate may at any meeting of the General Aseembiy request a review by the General Assembly of any action taken by the Board of Directors since the preceding ' ~aRerl~r General Assembly meeting other than those actions for which the Soard of ' Directors are assigned sole responsibility kc under Section Vt. 8. The General Assembty may ratify, amend or reject any official action of the' Board of Directors which may be requested for review under ttem 5 above. 7. The General Assembly f~ ~fl ratify or reject any action of the Boyd of Directors regarding the addition of new membero to the Coundl. Section V. Board of Directors '~ A. The Board of Olreotors shall be the governing board of dre Council of Govemmants. Between ij meetings of the entire membership (General AasemblY) a quorum of the Board of Directors shell '~, be responsible for the general policies and progr8ms of the Counts of Govemmenta and for the administration of aN its funds. ,~ B. The Board Of Directors shall be composed of the Chakman of th0 Generel Assemgiy and other members, sdOcted ae idlows: ~ (1 j The governing body of each pSrtlclpating city having more than 50000 population shall sated ons (1) representable for each 50,000 Increment of population or any fraction thereof. The majority of said represerttatives shell be public officials who hold an elective offke and shall be members of the govemin4 body of said dh+, for' purposes of determining the membership for the City of Tulsa, the Mayor and City Auditor shall be considered to be members of the governing body of the City and shall represent the Clty ~ on the 6osrd of Directors along with other members appointed to serve. 4 ~ ~_ ~ (Z) fie governing body of each participatng city ~L.t4laD havlne a population between 3,500 and 50,000 shelf select one (1) representative who shall be a public official and hold an elective ofbCe and be a Member of said governing body. (3} Ib~ nea.d ~ I!wuwt: Cammispionera o! w'ch county. In ` the participating cities and tovrns of less than 3,500 population it~.Sai>ts i+}eastt ^ ~ {a) The Board of County Comrrtisafoners of each participating county having less than 100,OOti population shall select three (3) repressntativea, who shakk be County commissioner's • (5) The Board of County Commissioner8 of earn part~ipating county having more ~ than 100,000 population mall asked tnree (3) representatives, who snail be county commissioners, for the first 100,000 population, and select one (1) representative for earn ' ~ additional 100,000 population or fraction thereof. A majority of said representatives snail "" be public offkials vvhv hold an elective office. (8) In the case where a courtly commkasion district is a participating member. tpe-eea~-ei Ae:rd et DiraatQd ah~l be the cOtiJnty corttttit~sioner Of acid district. (7) Tho immediate past chaktman of the Board of OkeCtors shall continua t0 servo on the board as en ex afAcio nort-voting member for a two-year Period- s. ~}, y~ asatf will submit to tits Board of Directors for its adoption, an estimate of population !ai foF-tbs.~esisa which shall serve, when adopted, as the determinatkon of populaton for representation and finances, ' p, The members Of the Boyd of DireCtora shall hold office at the pleasure Of the governing body or bodies appolndng said members, except that the nequiremertts of appointment as designated in Section V B (1.7) shall be maintained at all times, 5 ~ • V SeCtfon Vt. A. ~' 1, Board of Directors shaft appoint. fix salary of and remove the Executhre Director. ~ Tne Board of Oirectars shall propose, initiate, review, adopt or approve any study or plans. ~, The Board rnaY establish standing and ad hoc policy and technical advisory committees as it deems necessary and helpful to the exercise of its responsibilitle9 under thin Agreement. ~ The Board p~Olt~.+'naY appoint subcommittees from their members. ~, The Board of Directors is~ireeled-io ~1( receive and expend all grants, gifts ~ and bequests, specifically including Federal and State funds and other funds svallable for the purposes for which this organization exists, and to contract with the United States, State of Oktahon~a, and ail other legal entitles with respect thereto. $. 7. The Board of Directors shall also be responsible for preparing business for the annual and apecid meotings of the General Assembly, indudmg the preparation of an annual budget and sd~edule of sssesament for conslderatxm at the annual meeting of the General Assembly, $ The ~. f shalt have the power to trattafer funds within the approve4 totAl twd~ In order to meet unanticipated needs or changed situations. Such action shall be reported t0 ttte General Assembly at its next meeting. 9 The 90ard shall have the sole power to tIIW~~ e~PtaS- such staff as necessary iLS..lmRLQYld, +e~ 1~ oRke space !>i.~a1~. and t~ such equipment andla supplies as may be deemed necessary to conduct th® business of the Counc~ of Governments i[Liu+tt~ld• 6 1 ~ Section VII. q, Fv~ tv O~rector: The Executive Director shall b8 the Chiet Administrative Officer of the Council. The power and 4uties of the Executive Director are: ~r t . To appoint and remove all employees of the Council. ' 2. Annually to prepare and present a proposed budget to the Board of Directors and to ~ administer the approved budget. 3. To perform such other and additional duties as the 808rd of Directors may require. a. - delta basis. llAsmh~ tiyy an l~half of r Z. Section IX. ' A. ~~~: Public agencies with elected pdk7- boards desiring to paRicipate in the Ind>#n Natlone Council of Governments which are not senono the original signatories, msy execute tftit; Agreement and designate represer,tawss subject to tfie provisions herein. ^ B. , 7 Section X. ,~ Qi1~Qluiisll: A. Dissolution of the Indian Nations Cauncii of Qovemments she{1 be effected upon a majority vote of alt membara ai the 80@rd of Directors 8. Upon dis6ofution or final UquidaGon of the Council, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the Council shall bs distributed to the participat'sng m@mbers in the same Proportion t0 which each participa~ng member contributed to the overall cost of the operation of th@ Council during the fiscal year of such disaofut~ or Rnal IigUldBtion. ~ Section XI. ~ffACtiye DAte: This AS}reem9nt shSil become effective on July 1, 1967, or upon approval of the Attorney ~ General of Oklahoma if approved after July t, 1967, and shall remain in full force and effect unfit the organi23tion is dlsaolved under the provls{ona of Section X•A. r 10/10/96 8 ~... ~o~~ ~ t~ AGREEMENT REPLACING ~2 ~~yt EK-i'T AGREEMENT CREATING THE INDIAN NATIONS COUNCIL OF GOVERNMENTS Whereas, the 30th Oklahoma Legislature enacted Senate Bill No. 343 (Title 74, O.S. Supp. 1965, § 1001 et seq.) permitting public agencies to enter into agreements with one another for joint or cooperative action pursuant to the provisions of said act; and ~ Whereas, pursuant thereto, it is the purpose and desire of the undersigned public agencies to create a ' Council of Governments to enable said public agencies to more efficiently use their powers by cooperating with each other on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to a form that will accord best with geographic, economic, population and other factors influencing the needs and development of said public agencies. ~ NOW, THEREFORE, the Indian Nations Council of Governments is hereby created by agreement of the ~ parties hereto, under the authority of Title 74, O.S. Supp. 1965, § 1001 et seq., in accordance with the following provisions. STATEMENT OF PRINCIPLES AND POLICIES ~ 1. The underlying concept of the Indian Nations Council of Governments (hereinafter referred to as the Council) is that the public agencies, which are closest to the people, should exercise the basic initiative ' and leadership and have the primary responsibility for dealing with those problems and needs which ' require action on an area-wide or regional basis. 2. The physical, economic and social well-being of the region, its citizens and business enterprises, now and ' in the future, are dependent upon an orderly development of the entire region. This will be possible only with the successful coordination of services and policies of public agencies. 3. Counties, cities, and towns are the principal public agencies in the region. As such, they have the ' responsibility for anticipating and meeting the local governmental needs which future development will produce, including the need for joint and coordinated area-wide services. ' 4. County and city governing bodies are, and should continue to be, the top policy makers in local government. They are directly concerned with all services and regulations affecting the public in their ' communities. 5. Constructive and workable policies and programs for meeting and solving the area-wide problems of public agencies will be most effectively and expeditiously developed by regular meetings of public agency members in an area-wide voluntary council dedicated to the solution of these problems. 6. The Council is an organization through which individual public agencies can coordinate their efforts. It is not in itself a government nor does it seek to become one. 7. The Council shall consider such matters as are area-wide or regional in nature. MEMBERSHIP IN INDIAN NATIONS COUNCIL OF GOVERNMENTS Section I. General Assembly Membership: Membership in the General Assembly and execution of this Agreement shall be determined by a passage of an ordinance, resolution or otherwise pursuant to law of the governing body of the participating public agency and shall include the following: ~ A. The counties of Creek, Osage, Tulsa and Wagoner and any additional contiguous county executing this Agreement. B. Incorporated cities and towns that are located in counties which are participating members may join as participating members subject to the provisions herein. C. Incorporated cities and towns with population of 3,500 and over that are located in counties contiguous to member counties may join as participating members subject to the provisions herein. ~ D. Incorporated cities and towns of under 3,500 population that have unsuccessfully petitioned their respective county to become a participating member. E. All public agencies with an elected policy board having some jurisdiction within any county named in Section I-A or any additional county which subsequently joins may be members. ~~ F. In the case where a county elects not to join INCOG, an individual county commission district in that county desiring to join may execute this Agreement subject to the provisions herein. Section II. 2 ~ General Assembly Participating Membersh~ Delegates and Voting: Participating membership in the General Assembly shall be those eligible incorporated cities and towns, counties and county commission districts set forth or determined under Section I which voluntarily determine to cooperate in the activities of r the Council by appointing a delegate to the General Assembly as provided below. ~~ A. Delegates: Each participating member shall appoint one (1) Delegate to the General Assembly. ~' All Delegates shall be public officials who hold an elective office. B. V tin :Each participating member shall be entitled to one (1) vote in the General Assembly. Section III. d General Assembly Associate Membership: Associate membership in the General Assembly shall be open to incorporated municipalities of under 3,500 population that have unsuccessfully petitioned their respective county to become a participating member, and other public agencies with elected policy boards, e.g. special districts, Indian tribes having their principal headquarters in the Region, etc., which voluntarily determine to cooperate in the activities of the Council by paying an annual fee for general staff y service in an amount sufficient to provide funds as necessitated by the Council budget set by the Board of Directors. A. Delegates: Each associate member shall appoint one (1) Delegate to the General Assembly. All Delegates shall be public officials who hold an elective office. B, Votin Associate members shall not be entitled to vote, but may participate in the Assembly's discussion. R Section IV. A. Powers of the General Assembly: Powers exercised by the General Assembly shall be to: 1. Annually adopt a budget and annual assessment schedule upon receipt of favorable r recommendation from the Board of Directors. 2. Approve and/or adopt plans and policies which are regionwide in nature upon receipt of favorable recommendation of the Board of Directors. ~ 3. Propose and approve amendments to the INCOG General Assembly Bylaws. ~ 4. Amend this Agreement in concert with the Board of Directors according to the procedures '~ set out in Section IX. 3 5. Any official delegate may at any meeting of the General Assembly request a review by the General Assembly of any action taken by the Board of Directors since the preceding General Assembly meeting other than those actions for which the Board of Directors are assigned sole responsibility under Section VI. 6. The General Assembly may ratify, amend or reject any official action of the Board of Directors which may be requested for review under Item 5 above. 7. The General Assembly shall ratify or reject any action of the Board of Directors regarding the addition of new members to the Council. Section V. Board of Directors A. The Board of Directors shall be the governing board of the Council of Governments. Between meetings of the entire membership (General Assembly) a quorum of the Board of Directors shall be responsible for the general policies and programs of the Council of Governments and for the administration of all its funds. B. The Board of Directors shall be composed of the Chairman of the General Assembly and other members, selected as follows: (1) The governing body of each participating city having more than 50,000 population shall select one (1) representative for each 50,000 increment of population or any fraction thereof. The majority of said representatives shall be public officials who hold an elective office and shall be members of the governing body of said city. For purposes of determining the membership for the City of Tulsa, the Mayor and City Auditor shall be considered to be members of the governing body of the City and shall represent the City on the Board of Directors along with other members appointed to serve. (2) The governing body of each participating city or town having a population between 3,500 and 50,000 shall select one (1) representative who shall be a public official and hold an elective office and be a member of said governing body. 4 (3) The Board of County Commissioners of each county, in consultation with the participating cities and towns of less than 3,500 population in that county, shall appoint one (1) person to represent those cities and towns. (4) The Board of County Commissioners of each participating county having less than 100,000 population shall select three (3) representatives, who shall be county commissioners. (5) The Board of County Commissioners of each participating county having more than 100,000 population shall select three (3) representatives, who shall be county - commissioners, for the first 100,000 population, and select one (1) representative for each additional 100,000 population or fraction thereof. A majority of said representatives shall be public officials who hold an elective office. (6) In the case where a county commission district is a participating member, the representative to the Board of Directors shall be the county commissioner of said district. (7) The immediate past chairman of the Board of Directors shall continue to serve on the board as an ex officio non-voting member for atwo-year period. C. Each year staff will submit to the Board of Directors for its adoption, an estimate of population of cities, towns, counties which shall serve, when adopted, as the determination of population for representation and finances. D. The members of the Board of Directors shall hold office at the pleasure of the governing body or bodies appointing said members, except that the requirements of appointment as designated in Section V B (1-7) shall be maintained at all times. Section VI. A. Powers of the Board of Directors: The Board of Directors shall have the following powers: 1. Board of Directors shall appoint, fix salary of and remove the Executive Director. 2. The Board of Directors shall propose, initiate, review, adopt or approve any study or plans. I~ 5 3. The Board of Directors may establish standing and ad hoc policy and technical advisory committees as it deems necessary and helpful to the exercise of its responsibilities under this Agreement. 4. The Board of Directors may appoint subcommittees from their members. 5. The Board of Directors shall receive and expend all grants, gifts and bequests, specifically including Federal and State funds and other funds available for the purposes for which this organization exists, and to contract with the United States, State of Oklahoma, and all other legal entities with respect thereto. 6. - The addition of all new members shall require the approval of the Board of Directors, subject to the ratification of the General Assembly. 7. The Board of Directors shall also be responsible for preparing business for the annual and special meetings of the General Assembly, including the preparation of an annual budget and schedule of assessment for consideration at the annual meeting of the General Assembly. 8. The Board of Directors shall have the power to transfer funds within the approved total budget in order to meet unanticipated needs or changed situations. Such action shall be reported to the General Assembly at its next meeting. 9. The Board of Directors shall have the sole power to ensure that such staff as necessary are employed, that office space is obtained, and such equipment and/or supplies as may be deemed necessary to conduct the business of the Council of Governments are purchased. The Board shall also have sole authority to enter into contracts. Section VII. A. Executive Director: The Executive Director shall be the Chief Administrative Officer of the Council. The power and duties of the Executive Director are: 1. To appoint and remove all employees of the Council. 2. Annually to prepare and present a proposed budget to the Board of Directors and to administer the approved budget. 6 3. To perform such other and additional duties as the Board of Directors may require. Section VIII. A. MANNER OF FINANCING: The Council's annual budget approved by the Board of Directors and the General Assembly shall be financed as follows: 1. All member cities, towns and counties shall be assessed membership dues calculated on a per capita basis. Member counties shall pay dues on behalf of cities and towns under 3,500 population. 2. Tribal governments shall be assessed membership dues calculated on a per capita - basis for tribal membership in the region. 3. Other public agencies shall be assessed membership dues as determined by the Board of Directors based on the annual budget and work program. 4. Members needing special studies or services not part of the basic services offered all members shall pay a mutually agreed upon amount for such services. 5. Grants from federal, state and other entities. Section IX. A. Additional Agencies: Public agencies with elected policy boards desiring to participate in the Indian Nations Council of Governments which are not among the original signatories, may execute this Agreement and designate representatives subject to the provisions herein. B. Amendment of Agreement: Amendments to this Agreement shall be approved by atwo-thirds vote of members present at separate meetings of both the General Assembly and the Board of Directors. Amendments must be executed by the governing body of each participating member which has agreed to cooperate in the activities of the Council by paying an annual fee for general staff service in an amount sufficient to provide funds as necessitated by the Council budget set by the Board of Directors. ~ 7 Section X. Dissolution: A. Dissolution of the Indian Nations Council of Governments shall be effected upon a majority vote of all members of the Board of Directors. B. Upon dissolution or final liquidation of the Council, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the Council shall be distributed to the participating members in the same proportion to which each participating member contributed to the overall cost of the operation of the Council during the fiscal year of such dissolution or final liquidation. Section XI. Effective Date: This Agreement shall become effective on July 1, 1967, or upon approval of the Attorney General of Oklahoma if approved after July 1, 1967, and shalt remain in full force and effect until the organization is dissolved under the provisions of Section X-A. Approved by the Board of Directors of the Indian Nations Council of Governments this 10th day of October, 1996. ~'. I vv 6~ ~.~..~ / Chairman r, .~ Approved by the INCOG General Assembly this 14th day of November, 1996. _, \ ,. Chairman 8 Ilnl JV JI V~VJnll 1~~V.VV AGREENENt CREATING THE ~,~ ~,u~~-~rt- 1 1 1 1 1 1 1 1 i i i INDIAN NATIONS COUNCIL OF GOVERNMENTS WHEREAS, the 30th Oklahoma legislature enacted Senate Bi11 No. 343 (Title 74, O.S. Supp. 1965, f 1001 et seq.) permitting public agencies to enter into agreements with one another for joint or cooperative action pur- suant to the provisions of said act; and IiHEREAS, pursuant thereto, it is the purpose and desire of the under- signed public agencies to create for a Council of Governments to enable said public agencies to Hare efficiently use their powers by cooperating with each other on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to a form that will accord best with geographic, economic, poputatfon and other factors influencing the needs and development of said public agencies. N04t, THEREFORE, the Indian Nations Council of Governments is hereby created by agreement of the parties hereto, under the authority of Title 74, 0.5. Supp. 1965, S 1001 et seq., in accordance with the following provisions, STATEMENT OF PRINCIPLES AND POLICIES 1, The underlying concept of the Indian Nations Council of Governments (hereinafter referred to as the Council) is that the public agen- cies. which are closest t0 the people, should exercise the basic initiative and leadership and have the primary responsibility for dealing with those problems and needs which require action on an area-wide or regional basis. 2. The physical, economic and social well-being of the region, its citizens and business enterprises. now and in the future, are depen- -1- I' ~ ~~ ~ JV 71 C.J I CJJn1 1 1~ ~1..Vv 1 • J dent upon an orderly development of the entire region. This will M' be possible only with the successful coordination of services artd R policies of public agencies. ' g, Counties and cities are the principal public agencies in the region. AS such, they have the responsibility for anticipating and meeting the local governmental needs which future development will produce, including the need for Soint and coordinated area- wide services. 4, County and city governing bodies are, and should continue to be, the top policy makers in local government. They are directly con- cerned with all services and regulations affecting the public in ~„ their communities. Constructive and workable policies and programs for meeting and 5 , solving the area-wide problems of public agencies will be most effectively and expeditiously developed by regular meetings of ' public agency members in an area-wide voluntary council dedicated to the solution of these problems. -~ 6, The Council is an organization through which individual public agencies can coordinate their efforts. It is not in itself a government nor does it seek to become one. The Council shall consider such matter's as are area-wide or 7 . ~ `` ,~ regional in nature. -2- k h~MBERSHIP IN INDIAN NATIONS " COUNCIL OF GOVERNMENTS r Section I. i General Assembl Member=hi :• Membership in the General Assem y " and execution of this Agreement shall be determined by passage of F an ordinance. resolution or otherwise pursuant to law of the governing body of the participating public agency and shall ~, include members as follows: ~ A. The counties of Creek Osage, wagoner and Tulsa shall be members and any additional contiguous county desiring to ~- join may execute this Agreement subject to the provisions herein. B. A11 public agencies with an elected policy board having some ~' jurisdiction within any county named in Section I-A or any additional county which subsequently joins may be members. C. Incorporated cities and towns with population of 3,500 and r over that are located in counties contiguous to member coun- ties may join as participating members subject to the provi- ~. ~ sions herein. D. In the case where a county elects not to join INCOG, an indi- ' vidual county commission district in that county desiring to ' join may execute this Agreement subject to the provisions herein. ` Section II. ' General Assembt Partici atin Membershi Participating membership in the General Assembly shall be those eligible incorporated cities and towns and counties and county commission districts set forth or determined under Section I which voluntarily determine to -3- I' ~ ~r, ~ ~cr ~i v~ a.Jru i ii n,vv ~ J cooperate in the activities of the Council by paying annual dues ' in an amount sufficient to provide funds as necessitated by the Council budget set by the Board of Directors. ' A, Del, e~ gates: Eath participating member shall appoint one (1j Delegate to the General Assembly. All Delegates shall be public officials who hold an elective office. g, yo~ tiny: Each participating member shall be entitled to one (1) vote in the General Assembly. ' Section III. General Assembl Associate Membershi Associate membership in the General Assembly shall be open to incorporated municipalities of under 3,500 population that have unsuccessfully petitioned their respective county to become a participating member and other public agencies with elected policy boards, e.g...special districts, Indian tribes having their principal headquarters in the Region, etc., which voluntarily determine to cooperate in the activities of the Council by paying an annual fee for general { staff service in an amount sufficient to provide funds as necessi- tated by the Council budget set by the Board of Directors. A. Dele ates: EdCh associate member shall appoint {1) Delegate to the General Assembly. A11 Delegates shall be public offs- 4 vials who hold an elective office. A B, Yo_ tiny: Associate members shall not be entitled to vote, but may participate in the Assembly's discussion. R Section IY. A. An annual meeting by the General Assembly shall be held on the -4- ~~~~ JV JI VI iV~""~~~ 1~~V VV ~ V ~ Thursday of July each year. The order of business second t2nd} -~ shall be: 1. The review and adoption of a, budget and membership assessment schedule for the next fiscal year. 2. Receive a progress report on the first quarter's activities. 3, The election of a Chairman and Yice Chairman from the par- ,: ticipating members of the General Assembly who shalt tP. e office immediately. 4. Conduct other business which may be deemed appropriate. B, The General Assembly shall also meet in official session at the end of each quarter following the annual meeting in July with meetings to take place in Ju1y~ October, January and April. i__ _._ -_ C. Powers to be exercised by the General Assembly shall a to: 1. Annually adopt a budget and annual assessment schedule upon receipt of favorable reco,rmendation from the Board of Directors. 2, Approve and/or adopt plans and policies which are region- wide in nature upon receipt of favorable recommendation of the 8vard of Directors. 3, P ropose amendments to the INCDG Bylaws. 4, Amend the Bylaws in concert with the Board of Directors according to the procedures set out in Section IX. 5. Any official delegate may at any meeting of the General • Assembly request a review by the General Assembly of any action taken by the board of Directors since the preceding -5- i- w quarterly General Assembly meeting other than those actions for which the Board of Directors are assigned sole responsibSlity for under Section Y. 6. The General Assembly may ratify amend or reject any offi- cial action of the Board of Directors which may be requested for review under,Item 5 above. 7. The General Assembly may ratify or reject any action of the Board of Directors regarding the addition of new mem- bers to the Council. _ D, written notice of the annual membership meeting shad be ~~ served upon or mailed to each mertber unit entitled to vote thereat (at the member's address as it appears on the books of the Council) at least ten (ld) days prior to the treeting. E. Special meetings of the General Assembly for any purpose or purposes shall be called by the Chairman at the written ~~~ ~ request of either the majority of the Board of Directors pr by 33 1/3~ of the participating members of the Assembly. ,' F. Written notice of special meetings of the General Assembly shall be the same as that required for an annual meeting. ,~ Business transacted at all special meetings shall be confined to the objects and business to be transacted as stated in the notice. G. A quorum of all meetings of the members of the General Assembly for the transaction of business is defined as 33 1/3`~ of the participating members. H. when a quorum is present at any meeting of the General Assembly, the vote of the majority of the participating members present shall decide any question brought before such meeting. -6- ~ ~~ .~r ~/V JI V1 11r ~~~ a~~e.vv I. That a majority vote of all participating members shall be required to amend this Agreement. Section Y. Board of Directors A. The Board of Directors shall be the governing board of the Council of Governments. between meetings of the entire membership (General Assembly) a quorum of the Board of Directors shall be responsible for the general policies and programs of the Council of Governments and for the administration of alt its funds. the Board of Directors shall also be responsible far preparing business for the annual and special meetings of the General Assembly, including the preparation of an annual budget and sche- dule of assessment for consideration at the annual meeting of the General Assembly. It shall have the power to transfer funds within the approved total .budget in order to meet unanticipated needs or changed situations. Such action shall be reported to the General Assembly at its next meeting. It shall have the sole power to employ such staff as necessary, rent office space and purchase such equipment and/or supplies as may be deemed necessary to conduct the business of the Council of Governments. B. The Board of Directors shall be composed of the Chairman of the General Assembly and other members, selected as follows: (1) The governing bodies of all the participating cities and towns of less than 3,500 population in each county shall jointly select one {1) representative. {2) The governing body of each participating city having a population between 3,500 and 50,000 shall select one (1) •7- i representative, who shall be a public official and hold an elective office and be a member of said governing body. (3} The governing body of each participating city having mare than 50,000 population shall select one (1) represen- tative for each 50,000 increment of population or any fraction thereof. The majority of said representatives shall be public officials who hold an elective office and shall be members of the governing body of said city. For purposes of determining the membership for the City of Tulsa, the Mayor and City Auditor shall be considered to be members of the governing body of the City and shall represent the City on the Board of Directors along with other members appointed to serve. (4) The Board of County Commissioners of each participating county having less than 100,000 population shall select three t3) representatives, who shall be county commissioners. (5} The Board of County Commissioners of each participating county having more than 100,000 population shall select three {3) representatives. who shall be county Com- missioners, for the first 100,000 population, and select one (1} representative for each additional 100,000 popu- lation or faction thereof. A maSority of said represen- tatives shall be public officials who hold an elective office. (61 In the case where a county comn-ission district is a par- ticipating member, the board of county commissioners shall select one representative. who shall be the county commissioner of said district. ^ -8- ~ . i i i i i s i i (~) The immediate past chairman of the Board of Directors shall continue to Serve on the board as an ex officio non-voting member fora two-year Period. , ($) Each year staff will submit to the Board of Directors for its adoption, an estimate of population for the region which shall serve, when adopted, as the determination of population for representation and finances. C. Eleven (11) or more of the members representing at least five. member jurisdictions of the Board of Directors shall constitute a quorum for the transaction of business. D. When a quorum of the Board is present at any meeting, a maSority vote of the members present shall decide any question under consideration. E. The Board of Directors shall elect a Chairman, Yice Chairmen, Secretary, and Treasurer who shall be members of the Board. In the event of a vacancy in any of said offices, a successor for the remainder of the term of the vacant office shall be elected by the Board. F. The Board of Directors may hold its meetings and keep the books of the Board at such place as it may from time to time determine. G. Board of Directors shall appoint, fix salary of and remove the Executive Director. H. The Board of Directors shall propose, initiate. review, adopt or approve any study or plans. i. The Board may establish standing and ad hoc policy and tech- nical advisory committees as it deems necessary and helpful to the exe*cise of its responsibilities under this Agreement. -9- J. The Board may appoint subcommittees from their members. ~ The Board shall establish an Executive Committee to act for the Board when the Board cannot meet .due to time constraints. The Executive Committee, which shall be conQosed of the officers of the Board, the immediate past Chairman, and four other Board members chosen by the Chairman and approved by the Board, shall ^ K. have the following responsibilities: •1. The Executive Committee is empowered to act far the Board on: 'Contracts °Equipment purchases °Pro,~ect reviews °Any other item referred to it by the Board Z. The Executive Committee shall recommend action to the Board on: °Personnel actions °Personnel and operational policies °Annual budget and changes °MaSor work program modifications •Equipment purchases °Any other item referred to it by the Board A11 Executive Committee actions will be reported to the Board for ratification. ~. The officers and members of the Board of Directors shall hold office fora term of two (2I years, said term to commence the second.i2nd) kednesday of January of each odd-numbered year, following their selection. M. The members of the Board of Directors shall hold office at the pleasure of the governing body or bodies appointing said mem- bers, except that the requirements of appointment as designated in paragraph Y B. (1-7) shall be maintained at all times. N. For the initial period of this Agreement, the terms of the officers and members of the Board of Directors shall be con- ~ sidered as having commenced on January i1, 1967. . -ia- ii ii ii i~ 1 0. Should a vacancy occur in the members of the Board of Directors, a Successor shall be selected by the original appointing agency or agencies. p. A11 members of the Board of Directors shall serve without com- pensation, but may be reimbursed for actual. expenses incurred in the performance of their official duties in accordance with policies app*oved by the Board of Directors. Q. The Board of Directors is directed to receive and expend all grants, gifts and bequest, specifically includfng Federal and State funds and other funds available for the purposes for which this Organization exists, and to contract with the United States, State of Oklahoma, and all other legal entities with respect thereto. R, All members, except ex Officio members of the Board, may choose to appoint an alternate member by sending a written letter to the Chairman designating the alternate. The said alternate shall have all rights and privileges as enjoyed by the member provided that the alternate must be approved by the original appointing agency or agencies. ~ $. The Board of Directors shall approve the addition of all new members to the Counc i 1 . Section V1. Meetin s of the Board of Directors: A. The Board of Directors shall meet monthly unless determined otherwise by the board or its Chairman, Written notice of such meetings and the business to be transacted thereat shall be served upon or mailed to each member of the Board at least five (5) business days prior to the meeting. -11- ~^ _~ B. Special meetings of the board may be called by the Chairman on ,h three I3) days' notice to each Board member, either by mail or by telegram. Special meetings shad be called by the Chairman in like manner and on like notice on written request of five '~ {5) Board members. the- notice of all special meetings of the ~~ and shall include the written statement of the purposes of Bo '" the special meeting and business of such meeting shall be restricted thereto. C, All meetings of the Board of Directors and General Assembly of ~ INCOG will be held under the guidance of the public meeting .~ taws of the State of Oklahoma. ~+~ Section VII. Notes' A. 1Jhenever any notice is required to be given under the provi- sions of the Agreement to any member, a waiver thereof in b the arson or persons entitled to such writing signed y p notice, whether before or after the time stated therein, shall ,,~ be deed equivalent thereto. Section VIII. Executive Director: The Executive Director shall be the Chief Administrative Officer of the Council. the power and duties of rr the E xecutive Director are: , A, To appoint and remove all ertployees of the Council. B, Annually to prepare and present a proposed budget to the Board of Directors and to administer the approved budget. erform such other and additional duties as the Board of t C. To p Directors may require. -12- Section IX. Amendment of A reement: This Agreement may be altered, amended or added to by a majority vote of the Board of Directors and a majority vote of the (participating) members of the General 1 Assembly. ii Section X. Additional Agencies: Public agencies with elected policy boards desiring to participate in the Tndian Nations Council of Governments which are not among the original signatories, may exe- cute this Agreement and designate representatives subject to the provisions herein. Section XI. Dissolution: q, Dissolution of the Indian Nations Council of Governments shall be effected upon a majority vote of the Board of Directors of the participating members. B , Upon di ssal uti on or fi na1 1 i qui data on of the Counci 1, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the Covncil shall be distributed to the participating members in the same proportion to which each participating member contributed to the over-all cost of the operation of the Council during the fiscal year of such dissolution or final liquidation. r Section XII. ~ Effective Date: This Agreement shall become effective on July 1, 1g~7, or upon approval of the Attorney General of Oklahoma if ~ approved after July 1. 1967, and Shall remain in full force and effect until the organization is dissolved under the provisions of Section XI-A. -13- I' /~ a~ ,ro~c~ as ~ - (°.~~ ;.~1~~-~ ; s~oo~ ~ ~. o+~so, ~ ~ a~ ~ cry, ~ ~a~:a~c~ -~s~aK ~s t ~t~soLV~ao~ Z ~~~~~~~ ~a~x~ xta~z~ x~z~ c~~ a~ c~ov~s ~ To s,rac~ ooar~a~ca~ ~ cre~wu-.arao ~~uus- x~ ~ tai a~. ~B[~.~8~ 74. Q~~ 19$5 deoLian ]A01 e0 seq~, (Iutarlvoal Coopea~at'lan eat} g9~,ttt local 8~1 ttntts tso mane tf~a s~ ef~dea4 uea ct$ tbedr poosrr8 !~ ~ ##~ to eavpes~te dtb aR~h+a~ 7vostit~.eet m a basis a4 m~~ ad~ts~o sad tLy to d8 sen~ltlsu and ~SCd1Stdee in n m emA to ~ ~'~!' go~ex~e~ta2 i~.m t~ ~d.ll aooar!! beat the ~~s~ ~oaaaeta~ pvpa]at~m aad otbeo~ flartads ~.ng the saga eaQ der-elops~4 c>t iooal oamn~nndt3,es; aad o~ ~~~craa+ iN a~fiS'b?aad to sval.a 3tee1P o~ the _ - -px~idats at'' ere3d au~'6 and tbls Boerd deAms !.# adul.esb]a to pertladpate is the px~go ~lex~ Ratia~ Qaaa~.l o! Qa+~rnmenta~~ aa$ b8t 'Ws attached Od,~t,'ifl.ed 0c~y ~ ~ ~o,~sed Aea4 ~bac the ne+~tdd'r Ied"` ~ Nations Camel o~f''t~a~va~nme~rEs~ the ead.~'Lna2 of 'tsAa t ' 311sd'~dtb tta« @san~ d~ss~k a!'htlaa Couat,~under edsa~ia~e t~bs~r 7~' 74~ saw i~tt- me t~' t2de 8ass~d~ Tom! BId. ~ N~~~ 8~ ~ NtX~Qt t~!' dd ~ TEINN OP' (7i0~ ~EEtR~ ~~ i1i bs~ edict ~ tha a~ad iat~b . o~ tt~.e Baard to avail Stse2P' off' ttte ~ o~'t$ ed.stipp•i t96'3f B~etSm yJ01 sb seq. ~2nterlooal Co- opmra#aa aae} to pastiaipato !.a the I l~i3an {~amai.l d Qavea~neante ~•..~'- t to tkd.e NeaQ~t.aa ar~d ~ atits+ab~d Frp~apee8 Agiant~ and tte Presid~eut o! ttdel 9ana$ 3s bere'bp- aarthea3t~sd et~d e~lreated ba e~oeaute the PasDSl agresms~uQ ps best' e-1P of 9.'8a Taaa o~ Oao~oj t~6cxa1l~~ ldf ~fV~. firms 1?itt tteY-e~e.i'u~rs 296°!. S~ffi AdlSdi ~ ~ G~ TIC '~Q~ 1~' ~F~3SQ~ i ~, s ~~~ ~ ffiember~ s ~~, A'Pi'm5~~t i ~ ~ ~4~. 01srk • . 7 XR frO ~, and of ----- -- ---- --------- -...........ao v~uuctt V1 trVVernmenLS;. -~ :•-~-;..;_: ~.;- _.__ :. - Town~ of..Owasso ........ ._ WHEREAS, said is entitled under the terms ,:' said agreement to appoint .one elected public official to the General ~~`° f.,- Assembly of the said Council. of Governments; and ~- and WHEREAS, it is the desire of this Board that the appointment be made. that it further be entered as a part of -the official record. ~. The.. Board of Trustees ~ ~ ;- NOW THEREFORE BE IT RESOLVED BY: ~ ' •Town ~of ~Oraasso, Oklahoma .~ . -~Cerk) `~ Inez H. Odom ~ ~' ~;~ xr,:no %rRO ~nnrr apr~r ~ cor~ ------T___. -.. MEMORANDUM TO: THE HONORABLE AND CITY COUNCIL CITY OF OWASSO FROM: JIM McELRATH SUPPORT SERVICES DIRECTOR AND METROPOLITAN TULSA HOME CONSORTIUM POLICY BOARD REPRESENTATIVE FOR THE CITY OF OWASSO SUBJECT: EXTENSION OF HOME CONSORTIUM AGREEMENT DATE: May 27, 1997 BACKGROUND: Attached to this memo is a memorandum from Rich Brierre, Deputy Director of INCOG, in which he details the history of Owasso's participation in the Metropolitan HOME Consortium. As Mr Brierre indicates, the original agreement was for three years and will expire September 30, 1997. INCOG staff is recommending that the City Council approve continued participation of the City of Owasso in the HOME Consortium. The City of Owasso has benefitted from participation in the Consortium in a number of ways. Most importantly, our membership has made us eligible to receive federal monies for the various housing programs available. In fact, this year, by virtue of our participation in the Consortium, eligible citizens of Owasso will receive a minimum of $75,000 in low- or no-interest loans for housing rehabilitation. In addition, through our representation on the HOME policy board, we have had the opportunity to exercise both voice and vote in decisions concerning allocations of the various HOME monies that aze available to the pazticipating entities. Finally, through membership on the policy committee, we have experienced the benefit that comes from contact with others who experience problems and challenges similaz to our own. RECOIVIlVIENDATION• Based upon the positive experiences of the last three years, staff concurs with INCOG staff in recommending that the City Council of the City of Owasso approve a resolution approving participation in the Metropolitan Tulsa HOME Consortium for FY 1998-2001 and authorizing the Mayor to execute a home investment partnership act consortium agreement. The documents setting forth the resolution and the agreement are attached. They have been examined and approved by Mr Cates and city staff. HOME CONSORTIUM AGREEMENT MAY 27, 1997 PAGE 2 ATTAC~NTS 1. Memorandum from Rich Brierre, Deputy Director of INCOG 2. Resolution X97-06 3. Metropolitan Tulsa HOME Consortium Cooperation Agreement 1 1 1 1 1 1 i 1 1 I ~~ O ~ a voluntary association of local governments serving creek, Osage, ropers, tulsa and wagoner counties 201 west 5th street, suite 600 • tulsa, Oklahoma 74103-4236.918/584-7526 MEMORANDUM TO: CITY OF OWASSO FROM: Rich Brierre, ~~} Deputy Director INCOG SUBJECT: Extension of HOME CONSORTIUM Agreement DATE: April 30, 1997 BACKGROUND: The HOME Investment Partnership Program provides federal funds to states and eligible local governments for housing assistance programs. The HOME Investment Partnership Act allows contiguous local governments to form a consortium to qualify as participating jurisdictions for their own allocation of funds. In 1994, the Metropolitan Tulsa HOME Consortium, with 19 participating jurisdictions, was designated by HUD. A map of current jurisdictions is attached with Tulsa County acting as the "lead entity." The City of Owasso and 18 other jurisdictions entered into a cooperative agreement for the three year period, FY 1995-97 (See attached list). Advantages for the consortium include an annual allocation of funds to the consortium and flexibility in program design. Prior to the Consortium, cities of less than 50,000 population and counties were eligible for assistance only on a statewide competitive basis through the Oklahoma Department of Commerce. The consortium does not include the City of Tulsa as they receive their own allocation of funds. A new three-year cooperative agreement to continue participation in the Metropolitan Tulsa HOME Consortium satisfying the program requirements has been developed. The cooperation agreement, with supporting documentation, must be submitted to HUD by June 30, 1997. Extension of this designation by HUD will be made by September 30, 1997, so that we will be able to receive a HOME allocation for FY's 1998-2000. The annual funding amount for the consortium is dependent upon the annual appropriation level of the program and the number of participating local governments. It is estimated that the annual fiznding level for the Metropolitan Tulsa HOME Consortium will be approximately $800,000. Memorandum -City of Owasso Page 2 April 30, 1997 While the HOME program requires a 25 percent match, Consortium membership assessments or fees are ~ not necessary. Eligible sources of match utilized by the Consortium include cash contributions from ~ non-federal sources, the value of customary taxes and fees that are waived, the cost of infrastructure investments directly related to housing being assisted. The match may also be reduced for areas meeting certain criteria of fiscal distress or be waived for up to two years for areas designated as federal disaster counties. ,,., A policy committee, representing each participating local government, has been established to develop consortium policies. Staff support is provided by INCOG. REQUEST FOR ACTION: INCOG staff recommends that the City of Owasso approve continued participation in the Metropolitan Tulsa HOME Consortium. A resolution approving continued participation in the consortium and authorizing execution of the cooperation agreement is attached. JUNE 3,1997 CITY OF OWASSO AGENDA CITY OF OWASSO, OKLAHOMA RESOLUTION NO 97-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, APPROVING PARTICIPATION IN THE METROPOLITAN TULSA HOME CONSORTIUM AND AUTHORIZING THE MAYOR TO EXECUTE A HOME INVESTMENT PARTNERSHIP ACT CONSORTIUM AGREEMENT. WHEREAS, the National Affordable Housing Act of 1990 created the HOME Investment Partnership Program; and, WHEREAS, the Act provides that units of general local government that are geographically contiguous may form a consortium for the purpose of qualifying for a HOME formula grant allocation; and, WHEREAS, the City of Owasso desires to enter into a legally binding Cooperation Agreement with other contiguous local governments in the Metropolitan Tulsa area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCII, OF THE CITY OF OWASSO, OKLAHOMA that the City of Owasso, Oklahoma approves the continued participation of the City of Owasso, Oklahoma in the Metropolitan Tulsa HOME Consortium, known also as the Tulsa County HOME Consortium. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Oklahoma authorizes the Mayor to execute the Metropolitan Tulsa HOME Consortium Agreement. PASSED, APPROVED AND ADOPTED this 3rd day of June, 1997 by the City Council of the City of Owasso, Oklahoma. ATTEST: Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney METROPOLITAN TULSA HOME CONSORTIUM COOPERATION AGREEMENT This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. CITY OF OWASSO Executed for City of Owasso , 1997. By: Mayor METROPOLITAN TULSA HOME CONSORTIUM COOPERATION AGREEMENT WHEREAS, the National Affordable Housing Act of 1990 authorized the HOME Investment Partnership Program; and WHEREAS, the HOME Investment Partnership Program authorizes the U.S. Department of Housing and Urban Development to allocate funds by formula among eligible states and local governments to strengthen public-private partnerships to provide more affordable housing; and WHEREAS, the National Affordable Housing Act of 1990 provides that units of local governments that are geographically contiguous may form a consortium for the purpose of receiving a funding allocation as a participating jurisdiction in the HOME Investment Partnership Program; and WHEREAS, Tulsa County and the other local units of government identified herein are geographically contiguous localities; and WHEREAS, on February 24, 1994 the Tulsa County Board of County Commissioners notified HUD of its intent to form a HOME Consortium and act as "lead entity" on behalf of area governments; and WHEREAS, Section 1008 of Title 74 of the Oklahoma Interlocal Cooperation Act permits local units of government to contract with other localities to perform any service or activity for which they are authorized to perform by law and to cooperate with other localities on a basis of mutual advantage; WHEREAS, some 19 local governments approved and executed a Metropolitan Tulsa HOME Consortium Cooperation Agreement in 1994; and WHEREAS, the U.S. Department of Housing and Urban Development officially designated the Metropolitan Tulsa HOME Consortium, also known as the Tulsa County HOME Consortium, as a "Participating Jurisdiction" in the HOME Investment Partnership Program; and WHEREAS, on April 22, 1997 Tulsa County notified HUD of the intention of the Tulsa County HOME Consortium to continue as a Participating Jurisdiction for athree-year qualification period beginning with federal fiscal year 1998; and NOW, THEREFORE, the parties identified below mutually agree as follows: 1. To continue the Metropolitan Tulsa Housing Consortium established in 1994 for the purpose of qualifying as a participating jurisdiction for receipt of federal funds through the HOME Investment Partnership Program. 2. The parties agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME program. 3. Tulsa County shall continue the role of lead agency and act in a representative capacity for all member units of general local government and shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal rules, regulations and requirements of the HOME Program, including requirements for a Consolidated Plan. 4. The parties agree to affirmatively further fair housing. 5. The parties agree that the program year start date, pursuant for this agreement, shall be August 1, 1998. The parties further agree that all member units of local government are currently on the same program year for HUD formula grant programming including CDBG, HOME, ESG and HOPWA. Provided that this provision shall apply only to member units of local governments which are direct recipients, such as with the CDBG Entitlement Program, rather than sub- recipients through state administered HUD programs. ,~ 6. The parties agree that the term of this agreement shall be that period of time necessary to expend ~ all HOME funds awarded for the period of three federal fiscal years commencing with the 1998 federal fiscal year. Further provided that all parties are prohibited from withdrawing from the Cooperation Agreement prior to July 31, 2001. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. In witness whereof, the parties hereto have caused this Cooperation Agreement to be executed by their duly authorized officers. Chairman Date Board of Commissioners Tulsa County, Oklahoma ATTES T: +~:. County Clerk STATEMENT OF THE DISTRICT ATTORNEY I do hereby, certify that the terms and provisions of the Consortium Cooperation Agreement are fully authorized under state and local law, and that the Agreement provides full legal authority for the Consortium to undertake or assist in undertaking housing assistance activities for the HOME Investment Partnership Program. Approved: Assistant District Attorney Date of Approval 5:12:94 `~ r, METROPOLITAN TULSA HOME CONSORTIUM 19 member governments: Creek County Osage County Tulsa County Wagoner County Bixby Bristow Broken Arrow Catoosa Collinsville Coweta Drumright Glenpool Hominy Jenks Owasso Pawhuska Sand Springs Sapulpa Skiatook METROPOLITAN TULSA HOME CONSORTIUM JURISDICTIONS MEMORANDUM TO: THE HONORABLE AND CITY COUNCII, CITY OF OWASSO FROM: JIM McELRATH SUPPORT SERVICES DIRECTOR AND METROPOLITAN TULSA HOME CONSORTIUM POLICY BOARD REPRESENTATIVE FOR THE CITY OF OWASSO SUBJECT: HOME CONSORTIUM REHABILITATION HOUSING CONTRACT DATE: May 27, 1997 BACKGROUND: At the January 7, 1997 Owasso City Council meeting, the Council approved a Request for Proposal to submit to Tulsa County for funds that were available to the City of Owasso by virtue of its membership in the Metropolitan Tulsa HOME Consortium. The funds were for no-interest or low-interest loans to qualifying low-income homeowners for rehabilitation projects. The proposed target area was the older part of the city that is bounded on the north by 86th St N, on the south by Fifth Ave, on the east by Highway 169, and on the west by Carlsbad Ave. First Bank of Owasso and RCB Bank agreed to provide "lender participation", which indicated that they would 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. Also, at the same meeting, the Council passed resolution #97-02, which amended the current ' fees scheduled in resolution #86-16 to permit the waiver of permit and inspection fees when associated with a local, state or federal rehabilitation grant. As reported in the City Manager's Report for January 31, 1997, the City of Owasso received notice from the Tulsa County Board of Commissioners that the City had been awarded a grant ' of $75,000 for the HOME Consortium housing rehabilitation program and that a contract would soon be forthcoming from INCOG so that the program could get underway. We received notice from INCOG earlier this month that they are ready to begin work on the Owasso rehabilitation "" project. Attached is a copy of the "Contract for Technical and Professional Services for the HOME Program" that will exist between the City of Owasso and Tulsa County pertaining to the ^ rehabilitation project. Also attached is a letter from INCOG specifying more exactly what the contract intends as to the breakdown in the shared duties of the City and of INCOG that are HOME CONSORTIUM REHABILITATION HOUSEING CONTRACT MAY 27, 1997 PAGE 2 listed under Section I "Scope of Services". Enclosed is a copy of the "Housing Rehabilitation ~ Guidelines," referred to under General Terms and Conditions, Duties of the City, Section A, on page 2 of the contract. These guidelines are implicitly adopted by the City by virtue of execution of the contract and are part of the contract agreement by reference. Both attachments and the enclosure have been reviewed by Mr Ron Cates, City Attorney. ,' The City will be responsible, in essence, to assist INCOG in soliciting program applicants. All ~ administrative work will be handled by INCOG. We already have an Owasso resident, Mr Bill Roten, who currently serves on the HOME Consortium Loan Selection Committee, as referred to under "Scope of Services" Section B. After the contract has been approved and executed, the process of soliciting loan applications will begin, with advertising in appropriate venues. ,,~ INCOG will then submit the applications to the Loan Selection Committee, and rehabilitation work will begin within a few months. REC011~~NDATION: The staff recommends that the City Council approve the "Contract For Technical and Professional Services for the HOME Program," as attached, and authorize the Mayor to execute the necessary documents, thus enabling the City of Owasso to receive funds for the housing rehabilitation program. ATTACHMENTS: 1. "Contract for Technical and Professional Services for the HOME Program." 2. Letter from Julie Warden of INCOG specifying City of Owasso's responsibilities. ENCLOSURE: 1. "Housing Rehabilitation Guidelines" for the HOME rehabilitation program. "~ L Contract For Technical and Professional Services For Th e HOME Program This Contract is made and entered into as of this day of , 199_, by and between Tulsa County, as the lead entity and representative of the Metropolitan HOME Consortium hereinafter called "County", and the City of Owasso, hereinafter called "City". This Contract shall become effective the 1st day of June, 1997 and terminate the 31st day of May, 1999. The Contract period may be extended by mutual written agreement of both parties. WHEREAS, the County has received an allocation of FY1996 federal grant funds from the U.S. Department of Housing and Urban Development for a HOME Investment Partnership Program pursuant to Title II of the Granston-Gonzalez National Affordable Housing Act of 1990; and WHEREAS, the County has entered into a Contract with the Department of Housing and Urban Development for such federal grant funds; and WHEREAS, the County desires to engage the City as asub-recipient of the HOME Program, to be paid for with the federal grant funds; NOW THEREFORE, the parties do mutually agree as follows: I. SCOPE OF SERVICES The City will assist, in coordination with INCOG, with the administration of a HOME Program entitled "Owner-Occupied Housing Rehabilitation Program" in accordance with the terms and conditions as set forth herein. The purpose of this program is to rehabilitate single-family owner- r occupied structures in accordance with Section 8 Standards. To accomplish this purpose, the City shall: A. Provide specific services which shall benefit low to moderate income households as per U.S. Department of Housing and Urban Development guidelines in effect and as amended by the U.S. Department of HUD. B. Assist INCOG in the solicitation of program applicants and receipt of bid packets from rehabilitation contractors, and, if necessary, provide community members to serve on the Loan Selection Committee. C. Provide such equipment and services as are necessary to operate the program for a period of twenty-four (24) months from the 1st day of June, 1997. r II. PERFORMANCE STANDARDS: A. The purpose of this program is to rehabilitate single-family owner- ~ occupied structures in accordance with Section 8 Standards. To accomplish this purpose the City will offer a loan program to ' qualified low and moderate income residents of the City. Evaluation of the City's performance will be based on providing rehabilitation assistance to a minimum of _~ eligible . homeowners. III. BUDGET The City shall be allocated $ 75,000 from Fiscal Year 1996 HOME funds. No property or equipment shall be purchased with HOME funds. ,,, IV. METHOD OF PAYMENT A. Funds for Rehabilitation activities will be disbursed by the Contractor in accordance with 24 CFR 92, Section 502, Cash Management Information System; Disbursement of ~ HOME funds. Payment to rehabilitation contractors will be made by the County after approval by INCOG and submission of applicable paperwork to the County. B. In no event will the total compensation to be paid thereunder exceed the expressly agreed maximum sum of Seventy Five Thousand (7 00) for all services required. GENERAL TERMS AND CONDITIONS Duties of the City A. The City agrees to perform those duties, obligations and representations contained in its application for funds and to be bound by the provisions of its application and all amendments thereto, which were submitted to and accepted by the County in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. B. Program guidelines for operation of this rehabilitation program shall be contained in the Housing Rehabilitation Guidelines, such document to be adopted by the City and said guidelines being incorporated herein to this contract and made a part hereof by reference. +~ Subcontract Notification Provision None of the work and services covered by this contract may be subcontracted without written consent of the County. In no event will any subcontractor incur any obligation on the part of the County. Modification This contract is subject to such modification as may be required by federal or state law or regulations. The work and services to be performed and the total contract amount may be modified only upon written agreement of both parties. Disputes, Interpretation, Remedies A. In the event the parties fail to agree on interpretations of this contract, the decision of the County shall prevail. B. In the event of any disagreement between the City and the County relating to the technical competence of the work and services being performed and its conformity to requirements of this contract, the decision of the County shall prevail. C. Neither forbearance nor payment by the County shall be construed to constitute waiver of any remedies for any default or breach by the City that exists then or occurs later. Severability Clause If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Hold Harmless Clause ' City shall, within limitations placed on such entities by state law, save harmless the United States government, its agents, officers, and employees and the County, its agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by City. City shall, within limitations placed on such entities by state law, save harmless the United States government, its ~ agents, officers, and employees and the County, its agents, officers and employees from any claim or amount recovered under Workers' Compensation Law or any other law. In any agreement with any subcontractor or any agent for City, City will specify that such ~ subcontractors or agents shall hold harmless the United States government, its agents, officers, and employees, and the County, its agents, officers and employees from all the herein before described expenses, claims, actions, or amounts recovered. Personnel A. The City represents that he/she will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the County. B. The City has full responsibility for payment of worker's compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by the City or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Termination of Contract for Cause If, through any cause, the City shall fail to fulfill in a timely and proper ~ manner his/her obligations under this contract, or if the City shall violate '~ any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract by giving ~A written notice to the City of such termination and specifying the effective ,N date thereof, at least 15 days before the effective date of such termination. In such event, the City shall be entitled to receive just and equitable ~ compensation for any work satisfactorily completed hereunder. _~ Not withstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City, and the County may withhold any payments to the City until such time as the exact amount of damages due the County from the City is determined. Termination for Convenience of the County The County may terminate this contract at any time by giving at least 15 days notice in writing to the City. If the contract is terminated by the County as provided herein, the City will be paid for the time provided and all allowable expenses incurred up to the termination date. ~ Conflict of Interest No member of the governing body of the County, and no other officer, employee, or agent of the County who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and the City shall take appropriate steps to assure compliance. Interest of City and Employees The City covenants that he presently has no interest and shall not acquire , interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The City further covenants that in the performance of this agreement no person having any such interest shall be employed. Reports and Information The City, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, costs and obligations incurred or to be incurred in connection there with and any other matters covered by this contract. 1 City shall furnish the County narrative reports and financial reports related to the elements of this contract in the forms and at such times as may be required by the County or federal grantor agencies. Compliance with Local Laws The City shall comply with all applicable laws, ordinances and codes of the state and local governments, and the City shall save the County harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. Copyright •~+ No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the City. Records and Audits City shall assist the County in retaining all books, documents, papers, ' records, and other materials involving all activities and transactions related to this contract for at least three (3) years from the date of submission of the final expenditure report or until all audit findings have been resolved, ,~ whichever is later. City shall, as often as deemed necessary by the County, permit authorized representatives of the County and its Auditors, The U.S. Department of Housing and Urban Development, the federal or state Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. The City shall comply with OMB circulars A-110 and A-122 requirements, where applicable. The OMB circulars are hereby made a part of this contract. i Federal Funds in Excess of $25,000 If the City is in receipt of federal funds which total in excess of $25,000 from all sources, the City shall provide a copy of its annual audit to the County for the periods of these HOME funds. Anti-Kickback Regulations The City shall comply with all applicable anti-kickback regulations covered under the Department of Labor Regulation 29 CFR, Part III. Equal Employment Opportunity The City shall comply with the following equal opportunity requirements as part of HOME assurance ~ A. Civil Rights Act of 1964, Title VI City shall comply with Title VI of the Civil Rights Act of 1964, , which provides that no person in the United States shall on the grounds of race, religion, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise ~ subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. B. Housing and Community Development Act of 1974, Section 109 City shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. C. Housing and Urban Development Act of 1968, Section 3 City shall comply with Section 3, which provides that to the ~ greatest extent feasible, training and employment opportunities shall be made available to lower-income residents of the unit of ~ local government or metropolitan area (or non-metropolitan county) in which the project is located and that contracts be awarded to small businesses located within or owned in substantial part by residents of the same metropolitan area (or non- metropolitan county) as the project. D. Affirmative Action City shall take affirmative actions steps to contract with small and minority owned firms and women business enterprises in a part of the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub- part J. Affirmative Actions steps include, but are not limited to, the following: (1) Including qualified small, minority and women business ~ enterprises on solicitation lists. (2) Assuring that small, minority and women business ^ enterprises are solicited whenever they are potential sources. ^ a ~ (3) When economically feasible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority and women business enterprises participation. (4) Where the requirement permits, establishing delivery schedules which will encourage participation by small, minority and women business enterprises. (5) Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce and the local minority business development center that assists with management and technical aspects and maintains a directory of minority contractors, suppliers and vendors. (6) If any subcontracts are to be let, requiring the prime contractor to take the affirmative action steps in 1 through 5 above. Age Discrimination Act of 1975 City shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. Rehabilitation Act of 1973, Section 504 City shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. r IN WITNESS WHEREOF, the County and City have executed this contract as of the date first written above. Metropolitan Tulsa HOME Consortium By: ,Chairman, Tulsa County Board of Commissioners ATTEST: County Clerk City of Owasso By: .Mayor ATTEST: City Clerk 7 I ~~ O ~ a voluntary association of local governments serving creek, Osage and tulsa counties 201 west 5th street, suite 600 • tulsa, Oklahoma 74103-4236.918/584-7526 Fax 918/583-1024 May 28, 1997 Jim McElrath City of Owasso 207 S. Cedar Owasso, OK 74055 Re: Owner-Occupied Housing Rehabilitation Program Dear Mr. McElrath: Attached is a copy of the Contract for Technical Services for the HOME Program. The City identified a required Target Area in the Program Application. The City of Owasso was approved by Tulsa County on January 21, 1997 in the amount of $75,000 through the Consortium. Regarding the administrative services provided by INCOG, attached is a description from ~ the Housing Rehabilitation Guidelines adopted in August, 1996. Since the inception of the Consortium in 1995, we have provided funding and administration in the cities of Drumright, Bristow, Broken Arrow, and Collinsville. Similarly, INCOG will manage the program for Owasso with administrative compensation provided by the Consortium's ~„ grant from HUD. The City's responsibilities for the program are: 1. Selection of the target area (described in original application); 2. Assistance to INCOG with solicitation of applications from the target area (generally, providing utility customer lists); 3. Providing space for the INCOG Rehabilitation Inspector to meet with housing contractors (usually 30 minutes); 4. Receive bid packets from housing contractors in coordination with INCOG's Rehabilitation Inspector (anticipate less than one hour). 2 INCOG staff will prepare all documents, receive and review applications, inspect properties, solicit bids, arrange loan committee procedures, implement work schedule, and direct FY96 HOME grant moneys through Tulsa County. We look forward to the partnership of the City of Owasso in providing assistance through the HOME Consortium for housing improvements to low and moderate income families. If you have any questions or comments, please do not hesitate to call. Thank you for your cooperation. Sincerely, u e arden mmunity Development Planner enclosures MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COIVLVIUNITY DEVELOPMENT DIRECTOR ' SUBJECT: PROPOSED AMENDMENT TO CHAPTER 10 OF THE OWASSO ZONING CODE REGARDING TELECOMMUNICATION TOWERS DATE: May 14, 1997 BACKGROUND: At the March 18, 1997 regular meeting of the Owasso City Council, Ordinance No. 541 was approved and adopted establishing a sixty (60) day moratorium on the construction or modification of all types of communication towers in the City of Owasso. The moratorium was established as a result of staff's review of the Owasso Zoning Code regarding telecommunication towers and the opinion that the Owasso Zoning Code was incapable of sufficiently addressing concerns regarding telecommunication towers. A copy of the memorandum recommending Council approval of Ordinance No. 541, the ordinance that established the moratorium, is attached for your information and review. WIRELESS BUILDOUT CONFERENCE: On March 24 and 25, 1997, staff attended the Wireless Buildout Conference in Dallas, Texas. The conference, sponsored in part by the American Planning Association, was designed to bring those involved with telecommunications towers (wireless communication providers, tower companies, and planning officials) together in order to clear up any misconceptions regarding the telecommunications industry, as well as to discuss the challenges communication towers present to communities and alternative means of regulation. Over 135 people attended the conference (the second of its kind nationwide), one third of which were municipal planning officials. In addition to a large amount of the information and guidelines that are contained within the proposed amendment, the following is a brief synopsis of information received at that conference: Currently there are over 40 million wireless customers in the United States. It is anticipated that by the turn of the century there will be 100 million wireless customers. There are currently 25,000 tower sites in the United States. By the year 2,000, it is estimated that the total number of towers will be 60,000 to 65,000. Competition within the industry has increased (see original memo). Staff Report Proposed Amendment to Page 2 of 3 Chapter 10, Section 1004 Offering a streamlined permit process for telecommunication towers if desired items are included appears to work best for both the communities and providers. PCS will require additional towers and more locations than existing conventional cellular services. Lower rates for this type of service should be anticipated. Due to the increased competition, providers are wanting a quick turnaround. Because of Owasso's relatively flat topography, less towers should be anticipated here than in other areas. Owasso's proximity to the Tulsa areas population will help reduce the amount of towers in our city limits, although additional towers should be expected in Owasso. PROPOSED AMENDMENT• After reviewing the Owasso Zoning Code and attending the Wireless Buildout Conference, staff has developed a proposed text amendment. Ordinance No. 543, enclosed for your information and review, would amend Chapter 10, Section 1004 of the Zoning Code by adding "wireless telecommunication and utility facilities" to the included uses spelled out within Section 1004. Additionally, it adds definitions utilized within the industry and sets specific criteria to be met by communication providers in order to be permitted by right in CG, CH, IL, IM, or IH zoning districts, and additional requirements to be met if requesting a Special Exception of the Owasso Board of Adjustment. A copy of the existing Section 1004 of Chapter 10 is attached for your information and review. Some basic factors that are required as a portion of this proposed amendment are as follows: It encourages the placement of towers in CG, CH, IL, IM, and IH districts through not requiring Special Exception approval, provided specific requirements are met by the applicant. Towers of a monopole design, or one of equal or lesser impact, are required in order to be permitted by right. Must be monopole if within 200 feet of residential property if requesting a Special Exception. Towers with the co-location abilities for a minimum of three providers. Security fencing Staff Report Proposed Amendment to Chapter 10, Section 1004 Page 3 of 3 Minimum setbacks for towers depending upon height, as well as minimum setbacks from residential districts. Allows for the placement of telecommunication equipment on existing sign structures, utility structures, and buildings and establishes minimum standards to be met for each. This is a brief overview of several items contained within the proposed amendment, and is not all inclusive. Again, Ordinance 543 is enclosed for your information and review and it contains all language and requirements that would be included. INDUSTRY INPUT: Copies of the proposed ordinance amending the Owasso Zoning code were sent to Southwestern Bell Wireless Services and Mr. Keven Coutant, an attorney who represents numerous telecommunication providers in the Tulsa Metropolitan Area. Mr. Coutant worked with the City of Sand Springs in the development and review of their telecommunication tower ordinance. No comments regarding the proposed ordinance were received prior to the Planning Commission meeting on May 13, 1997. Staff did receive comments from Ms. Lee Ann Fager of Southwestern Bell Wireless on Wednesday, May 14, 1997. Staff reviewed these comments with Ms. Fager via telephone, addressed several of her concerns and comments specifically, and explained the staff's position regarding the proposed amendment. One comment Ms. Fager submitted regarding the inclusion of a definition of "historically significant landscapes" and "architecturally significant structures" has subsequently been addressed in the proposed amendment. The Planning Commission unanimously recommended approval of the proposed amendment at their May 13, 1997 regular meeting. Due to the lack of regulation regarding this type of use, staff has also included an emergency clause with this ordinance. RECOMMENDATION: Staff recommends approval of the proposed amendment to Chapter 10, Section 1004 of the Owasso Zoning Code as presented. ATTACHMENTS: 1. Ordinance recommending moratorium 2. Chapter 10, Section 1004 of the Owasso Zoning Code 3. Comments regarding the proposed amendment from Ms. Lee Ann Fager, Southwestern Bell Wireless 4. Ordinance No. 543 MLMORANDUNI TO: TIC HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. X41 - ESTABLISHING A SIXTY (60) DAY MORATORIUM ON THE CONSTRUCTION OR MODIFICATION OF COMMUNICATION TOWERS DATE: March 13, 1997 BACI{GROUND: Approximately two years ago, and again in August 1996, the FCC auctioned off to the highest bidder the right to exclusively occupy and use defined portions of the radio airways spectrum. As a result of these actions and the subsequent enactment of the 1996 Telecommunications Act by Congress, numerous telecommunications companies have been created. A significant portion of these "new" companies are establishing wireless communication networks all across the United States, in an attempt to provide the next generation of cellular phone technology or Personal Communication Services (PCS). PCS is similar to existing cellular telephone service with the exception that it is operated at a higher frequency -thus resulting in a technical requirement of double the communications facilities which have supported cellular technology. As a result, an onslaught of communication tower applications is anticipated throughout much of the United States. OWASSO ZONING REGULATIONS: In staff's opinion, the City of Owasso's Zoning Code is inadequate to address land issues created by the 1996 Federal Communications Act and PCS technical needs. Currently, communication towers are permitted by right in any commercial or industrial district in Owasso, subject to setback requirements. In all other areas (residential, office, and agriculture), towers are permitted only if a Special Exception is received through the Board of Adjustment. The staff concerns are as follows: 1. Various types of towers exist (monopole, lattice, guy-wired) today and consideration should be given to restricting those that are aesthetically challenged. Staff Memorandum Moratorium for Communication To~4~ers Page 2 of 3 2. As a majority of the land abutting the Owasso Expressway is zoned for commercial and/or industrial uses, consideration should be given to preserve this corridor from the intrusion of towers. 3. The Zoning Code does not contain criteria for the Board of Adjustment to ' consider regarding communication towers. Consideration should be given to establish minimum standards for appropriate colors, types, setbacks, screening, lighting, signage, and height. r 4. The Zoning Code contains no requirement to design towers to accommodate multiple users. This may be singularly the best way to minimize the number ~ of communication towers. 5. The Zoning Code does not require the removal of abandoned towers. 6. The Zoning Code contains no up to date definitions relating to issues associated with cellular and PCS antenna towers and antennas. WHAT OWASSO CAN AND CANNOT DO: The 1996 Telecommunications Act states: "Except as provided (herein), nothing in this act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. " The Act does, however, place three important limitations on local governments 1) cities may not "unreasonably discriminate among providers of functionally equivalent services," 2) cities may not "prohibit or have the effect of prohibiting the provision of personal wireless services," and 3) cities may not regulate personal wireless services "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the (FCC's) regulations concerning such emissions." CONCLUSION: In light of the concerns contained within this memorandum and recent action by the City of Tulsa establishing a moratorium in order to update and redefine their zoning code, staff feels ~ it is in the best interest of the Council to establish a sixty (60) day moratorium concerning the construction and/or modification of communication towers. Because the City of Tulsa ' has established a moratorium prohibiting towers, it is quite likely that communication providers may look to Owasso and other communities in which to locate their towers. Staff Memorandum i~~Ioratorium for Communication To«~ers Page 3 of 3 [f the moratorium is established, staff will be conducting a thorough review of the Owasso Zoning Code as it relates to communication towers, monitoring similar efforts in the Tulsa metropolitan area, and attending a conference in Dallas, Texas regarding tower placement. Proposed changes would then be presented to the Planning Commission and Council for adoption. RECOMMENDATIO Staff recommends Council approval of Ordinance No. 541, establishing a moratorium on the construction and/or modification of communication towers. Furthermore, staff recommends the inclusion of an emergency clause, thus allowing the ordinance to take effect immediately after its passage. ATTA C ffiVIENTS /ENCLOSURES 1. Ordinance No. 541 ~ f S~tl 1003.3 Use Conditions Horticultural nursery permits the growing of plant stocks only and permits no retail sales on site. 1003.4 Off-Street Parking and Loading Requirements None. ~ SECTION 1004 USE UNIT 4 PUBLIC PROTECTION AND UTILITY AND OPEN AIR FACILITIES (TEMPORARY) ' 1004.1 Description ~ Public protection and utility facilities which may have technical loca- tional requirements necessitating specific locations in or around area services, and certain temporary open air land uses which can be objec- tionable to certain other uses and are, therefore, permitted in certain districts by special exception and in the remaining districts by right. 1004.2 Included Uses Ambulance service, electric regulation station (excluding storage or ser- vice garages and yards), fire protection facility, pressure control sta- * tion (gas or liquid, excluding storage or service garages and yards), shelter (civil defense or storm), transmitting tower (excluding amateur, radio tower), water storage facility NEC, temporary open air facilities such as carnival, Christmas tree sales, circus, and tent revival. ~ 1004.3 Use Conditions '~ Temporary open air facilities may continue for a period not to exceed sixty (60) days per each application for special exception approved by the Board of Adjustment. 1004.4 Off-Street Parking and Loading Requirements None . SECTION 1005 USE UNIT 5 COMMUNITY SERVICES, CULTURAL AND_ RECREATIONAL ~ FACILITIES 1005.1 Description ~ Community services, cultural and recreational facilities which are needed in residential areas to serve the residents or need a residential environ- ment, but which are or can be objectionable to nearby residential uses. ' These uses are permitted by special exception in some districts, by right in some districts, and prohibited in other districts. 64 Southwestern Bell Services .: Mtty 13, 1497 Mr. Timothy O. Rootuy City of Owasso 207 S. Cedar Owasso, OK 74055 VIA FACSIIvlII.>~ Dear Mr. Rooney: Thank you for forwarding a copy of the proposed arncndmeatt w the Owasso Zoning Code regarding cellularltelecommwucations towers. I have r+eviewod it and have the following comments- 10x4.4 (A) (i) (a} 1 believe we Hoed EO define "historically bignificaai landscapes" and "architecturally sigrrificant ~ structures." As you know, a list of all buildings on the National Register of Historic Places is readily available to anyorte and even those buildings in doubt can be checked ielcphonically. if the City of pvrasso has a list of tha locations they would like to preserve. our efforts would be significaruly expedited. As a matter of procxdure, the list or publication should probably be referenced in the ordinance. 1004-4 (A) (1) (b & c) The height cad setback requirements contained in the ordinance present borne difficulties and are a little conlus-sng. Specifically, the ordittanct as pr>eserttcd requires towers to be designed and built to accommodate three other carriers. While we would prefer to sec it be de:signai for twv(see below), in any ~ everts additional catricss usually require twenty Gtiear feet of vertical separation between antenna arrays. There are very few iiistaiices when a height of less than 80 Poet can be utilized oa a pcririanent basis. Therefore, a tower that will accommodate three carriers will necessatrly be at least 120' tall. (Even if we accept the directive in 1004.4 (A) (i) (g) of l5' of vertical separation, the tower will still be l 10' tall.) The city has, thus, indirectly imposed a setback tsf 350' of greater hem residential zones [see 1004.4 (A) (1) ~ (3)]. This will eliminate much of the oammetcial zoning from our "by right„ availability since ~ commercial: `~ruffec" zones on rti~jor arterials are open 300' to 330' deep. Although cities and counties are doing a good job of protecting their homeowners hero twist and visual pollution (and Owasso is one of those), a setback of this sort will more likdely than not result in greater numbers of public hearings in which Spociat Exceptions are sought, thus increasing, rather than diminishing, attrr>bon to an alzeady sensitive subject. 1004.4 (A) (1) (g) As mentioned before, two carriers on a single monopole would be the most desirable from an industry '~ perspective. Bear in ttl~ind that additional carriers require taller towers, larger pole diameters and are generally more "cluttered" iri appearatioc. 1004.4 (A) (2) (b) (Z) 108tH Executive Cerher Drive ~'h ~ It may desirable to increase the height of an existing monopole by replacing it with a taller orxe which will little RocV~ AR 72211accotttiriodate oo-Ivcation rather than permitting a new one elsewhere. (501jT24-2000 (501)224-22~fax 1004.4 (A) (6) .Photo realistic represeatadons are extremely Cumbersome and expensive. The view of the site current ap~arance without the proposed antenna is not problematic, obviously, since that only squires snapshots. 104a.4 (A) (7) (a-g) I axn always hesitant to object to this portion of an ordinance since it will have the undesirable effect of further restsictfttg us; hotivever, the City shauM be aware that there are two potential pitfalls to this philosophy: (i) it places tht government in dirtct oontpctition with private enterprise and individuals and (ii) provides that tower placement may rt:suli in close proximity to residential zones. Again, increased attention may remelt fn angry t+espansts. 1004.4 (B)(2) (a) see above (A) (Ixa) lt)Q4.4 (e) (2) ro ~) See above (A) (I) tb 8t c) bui this soars leas rcstriCive than tlxe "'by right" sxtfon. It may actually behoove the industry to seek Special Exoeptioos rather than build in C or l canes by right, which seems to COAtradiCt tllt StRied pttCpoSC !n (~) (1) 1004.4 (B) (2) (i) This is very restrictive, tspoeially when aooompatUed by the setbacks itnposod. There may actually be instanozs in which you will want to~vtt's closer together than once trifle; at the very least, it probably should be available to Board of Adjttsttnent tevitw. 1 have ottt irtsiaaCe in another city in which we have met all require,nncnts of the codz, including a very restrictive motback from "R" zoui~ng. The locati0a itt question is highly indttatrial in nature acrd use. although it catsfes AG zoning (regtrirfng a variattae). The spacing requirtmznt from an existing tower cannot be mtt without fitrtbcr eacroatching on residential neighborhoods and the existing tower is not eo-locatablt sitttx it was constructed prior to oMiraattCe amendment. Clearly, that was Otte portion of the ordinance which should have beta left open to review. General Comtnettts-Special lrxoeption Review Although it tray be legally arguabk, tlu raquirentcut to set bade 3S0' from adjoining residential while notifying property owners within 300' Baettts to bye a potential Pandora's Box. Consider that if the 30U' radius report is calculated from the property line of the own,cr's property (rather than from the boundaries of the Leased Prtmises therein), the Ciry will be notifying individuals whose property and lute of sight will be bSl)' front the proposed 110' to 120' tower. it has hoer: demonstrated through experience that Boards of AQjttstment are very sensitive to obptctions fmm surrounding property owiaers, especially homoowrttr3. We applaud tb~eir etl'orts but from a standpoint of oquity, I believe it ones the applicants in these cases at an unfair disadvantage. Specifically, our applicati~otta could be denied an the basis of protest from property owners whose views could not possibly be obstntetod try a 120' tower. Ottr desire would be to revisit the entire issue of setbacks. Mr. Rooney, l thank you for the opportunity to cot»metu on this acrd would apprtaciate any feedback or notification Of further pttbiic hearings regar+diug this issue. My oR"iict number is (918) 234.7872 and my mobile auntber is (9l8) 232-0343. Sincerely, l ~, Lee Ann Falter ~s ORDINANCE NO. 543 AN ORDINANCE AMENDING PART TWELVE (12) PLANNING, ZONING AND DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS, SECTION 12-201 ZONING REGULATIONS ADOPTED, CHAPTER TEN (10), USE UNITS, BY AMENDING PROVISIONS FOR THE REGULATION OF TELECOMMUNICATION ~ TOWERS, MAKING SAID USES PERMITTED BY RIGHT IN CG, CH, II.,, IM, AND III ZONING DISTRICTS ONLY UPON MEETING SPECIFIC CONDITIONS AND REQUIREMENTS OF THIS CODE, AND BY SPECIAL EXCEPTION IN ALL ZONING DISTRICTS ONLY UPON MEETING SPECIFIC CONDITIONS AND REQUIREMENTS OF THIS ~ CODE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR AN EMERGENCY CLAUSE. WHEREAS, public hearings have been held regarding the proposed amendment to the Owasso Zoning Code, Chapter 10, Section 1004, and; WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT Section 1. That Section 1004, of Chapter Ten (10) of the Owasso Zoning Code is hereby amended as follows: ~ 1004.1 Description Public Protection, wireless telecommunication and utility facilities which may have technical locational requirements necessitating specific locations in or around area services, and certain temporary open air land uses which may be objectionable to certain other uses and are, therefore, permitted in certain districts by Special Exception and in other districts by right. 1004.2 Included Uses Ambulance service, electric regulation station (excluding storage or service garages and yards), fire protection facility, pressure control station (gas or liquid, excluding storage or service garages and yards), shelter (civil defense or storm), transmitting towers (including but not limited to wireless telecommunications and excluding amateur radio towers), water storage facility, temporary open air facilities such as carnival, Christmas tree sales, circus, and tent revival. 1004.3 Definitions For the purpose of this section, the following words and phrases shall have the meanings ascribed to them as follows: (A) The term "telecommunications tower" means a structure more than ten feet tall, built primarily to support one or more telecommunications antennas. (B) The term "telecommunications" means the transmission, between or among points specified by the user, or information of the user's choosing, without change in the form or content or information as sent and received. (C) The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. (D) The term "antenna" means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels or dishes, and omni-directional antennas, such as whips, but not including satellite earth stations. (E) The term "telecommunications antenna" means an antenna used to provide a telecommunications service. (F) The term "antenna array" means a structure attached to a `' telecommunication tower that supports telecommunication antennas. (G) the term "whip antenna" means an omni-directional dipole antenna of ~ cylindrical shape which is no more than six inches in diameter. (H) The term "non whip antenna" means an antenna which is not a whip A antenna, such as dish antennas, panel antennas, etc. (I) The term "EIA-222" means Electronic Industries Association Standard r, 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" ' (n The term "historically significant landscapes" and "architecturally significant structures" shall apply to those areas identified as such within the National Register of Historic Places. 4 1004.4 TELECOMMUNICATION TOWERS r ~. (A) NO SPECIAL EXCEPTION REQUIRED r (1) Permitted By Right -Telecommunication towers are a permitted use in all CG, CH, IL, IM, and IH if proposed towers satisfy ~' the following requirements. Telecommunication towers permitted under this subsection may exceed compatibility and base district height restrictions. (a) Aesthetic Protection Telecommunication facilities shall be so located to ensure a that historically significant landscapes are protected. The views of vistas from architecturally and/or historically ~ significant structures should not be impaired or diminished by the placement of telecommwiication facilities. ~' (b) Setback Tower shall be a minimum of 200' from any RS-3 or more restrictive district. W. (c) Heieht * Tower height, excluding antenna array, does not exceed: ~` (1) 75 feet, if the tower is at least 200 feet but less than 250 feet, from any RS-3 or more restrictive '~ district. 1 (2) 100 feet, if the tower is at least 250 feet but less than 350 feet, from any RS-3 or more restrictive district. (3) 120 feet, if the tower is 350' or greater, from any RS-3 or more restrictive district. (d) Antenna Array Heieht The antenna array does not exceed the tower height by more than 10 feet. (e) Setback of Guv Wires All guy wires and guy anchors are setback a minimum of 20 feet from any property line. (fl Tower Tvne The tower is of monopole design, or one of equal or lesser impact, if located within 350' of any RS-3 or more restrictive district. (g) Co-Location A telecommunication tower must be designed and built so as to be capable of use by at least three wireless communication providers such as cellular or PCS providers using antenna arrays of 9 to 12 antennas each within 15 vertical feet of each other with no more than three degrees twist and sway at the top elevation. The owner of the tower and the property on which the tower is located must certify to the City that the antenna is available for use by at least two other wireless telecommunication providers on a reasonable and non- discriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the building permit application. (h) Security Fencing The base of tower is enclosed by security fencing. (i) Compliance with Applicable Regulations The tower is constructed and operated in compliance with current Federal Communication Commission and other applicable federal and state standards. (j) Neighborhood Impact The proposed tower location will not cause a negative impact on any residential neighborhood. In determining neighborhood impact, the Director shall consider the opinion of record property owners within 300', but the Director shall not be bound by such opinions expressed. (k) Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner. (2) Replacement of Existing Poles -Telecommunication Towers erected to replace existing poles are permitted in all zoning districts, provided that: ~ (a) The pole replaced is a functioning utility pole or light standard within an established utility easement or public ' right-af--way, recreational facility light pole, or telecommunication tower. ii (b) Replacement tower height, including antenna array, does not exceed: (1) The height of the original utility, light standard, or recreational facility light pole by more than 10 feet; or (2) the height of the original telecommunication tower and antenna array. (c) The pole replaced does not obstruct a public sidewalk, public alley, or other public right-of-way; and (d) Pole appearance and function, except for antenna, are not significantly altered. (3) Placement on Existing Poles -permitted in all zoning districts, provided that: (a) Telecommunication antennas are permitted on existing utility, lighting, telecommunication towers, and sign structures at or exceeding 50 feet in height. (b) Provided that the antenna does not exceed the height of the structure by more than ten (10) feet if a non-whip type or fifteen (15) feet if a whip type. (c) Telecommunication antennas located on existing structures are not subject to the 5,000 foot separation requirement (d) If any additions, changes, or modifications are to be made to the monopole, the Director of Community Development shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Owasso. (4) Roof Mounted Telecommunication Antennas -allowed on non- residential buildings in all districts, provided that: (a) Non-whip antennas do not exceed the height of the building by more than ten (10) feet and is screened from view from any adjacent public roadway. (b) Whip antennas do not exceed the height of the building by more than fifteen (15) feet and are located no closer than fifteen (15) feet to the perimeter of the building. (c) Prior to the installation of a roof mounted antenna, the Community Development Department shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted antennas and equipment. (d) Roof mounted antennas and associated equipment may either be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so they are not visible from an adjacent public roadway. (5) Building Mounted Telecommunication Antennas - of the non- whip type are allowed on non-residential buildings in all zoniug districts, provided that: (a) The antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached. (b) The antennas appearance is such as to blend with the surrounding surface of the building. (c) Associated equipment shall be placed either within same building or in a separate building which matches the existing building in character and materials or blends with landscaping and other surrounding material adjacent to the separate building housing the equipment. Associated equipment for roof mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (6) When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the Community Development Department shall be provided with color photo simulations showing the site of the existing structure with aphoto-realistic representation of the proposed antenna and the existing structure as it would appear viewed from the closest residential property. The applicant shall also submit photographs of the same views showing current appearance of the site without the proposed antenna. (7) Distance Measurement -distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of identified historic property or RS-3 or more restrictive district or use. For the purposes of applying restrictions set forth in this section, "RS-3 or more restrictive zoning district or use" excludes property that is: (a) Used as public or private primary or secondary educational facility; (b) Used as a college or university educational facility; ^ (c) Owned by the US, State of Oklahoma, Tulsa County, or the City of Owasso, and not used for RS-3 or more restrictive residential uses; ~ (d) Used primarily for religious assembly; (e) Used as a cemetery; (fj Occupied by non-residential, non-conforming uses(s); or r (g) Any other site similar to those listed above and determined by the Director of Community Development to be consistent with the purposes of this section. (8) Exceptions and Exemptions (a) A Telecommunication tower that fails to meet the ~ requirements of this section may be authorized by obtaining a Special Exception through the Owasso Board ' of Adjustment. (b) Towers erected by a public agency for police, fire, EMS, 911 or other similar public emergency communication ~' shall be exempt from the requirements of this section. (B) SPECIAL EXCEPTION REQUIRED (1) This section is designed to encourage placement of ~ telecommunication towers in permitted areas. If a proposed telecommunication tower is not to be located in a permitted by ' right district, a Special Exception is required. (2) All Special Exception requests for telecommunication towers may be so authorized by the Owasso Board of Adjustment, ~ subject to the following additional requirements: (a) Setback from Historical Property The tower shall not be on, or within 300 feet, of property recognized as a historical property or a property of historical significance. (b) Setbacks General The telecommunication tower must be a minimum of 200 feet, or 3 to 1 distance to height ratio, whichever is ~, greater, from structures used for residential purposes. w (c) Heieht Tower height, excluding antenna array, shall not exceed: (1) 75 feet if the tower is at least 75 feet, but less than 100 feet, from any RS-3 or more restrictive zoning district. ' (2) 100 feet if the tower is at least 100 feet, but less that 200 feet, from any RS-3 or more restrictive district or use. i~ i~ 1004.5 1004.5 Section 2. (3) 120 feet if the tower is at least 200 feet, but less than 300 feet, from any RS-3 or more restrictive zoning district or use. (4) Maximum height shall be an appropriate height set by the Board of Adjustment, if the tower is in excess of 300 feet from any RS-3 or more restrictive zoning district or use. (d) Array Heieht The antenna array shall not exceed the tower height by more than 10 feet. (e) Guy Wires All guy and guy wires shall be set back a minimum of 20 feet from any property line. (f) MonoRole Required Any tower within 200 feet of any RS-3 or more restrictive district shall be of a monopole design, or one of equal or lesser impact. (g) Security Fencing The base of the tower shall be enclosed by security fencing at a height of 8 feet. (h) Compliance with Applicable Regulations The tower is erected and operated in compliance with the current Federal Communications Commission and other applicable federal and state standards. (i) Distance from Other Towers New telecommunication towers must be a minimum distance of 5,000 feet from any other telecommunication tower, unless in a by right district. (k) Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner. Use Conditions Temporary open air facilities may continue for a period not to exceed sixty (60) days per each application for Special Exception approved by the Board of Adjustment. Off-Street parking and Loading Requirements None, unless otherwise established by the Board of Adjustment. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 3. That an emergency is hereby declazed to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval, and publication. PASSED AND APPROVED this 3rd day of June, 1997. City of Owasso, Oklahoma Mary Lou Baznhouse, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 1 i MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 546 DATE: May 27, 1997 BACKGROUND: At the May 20, 1997 meeting, the Owasso City Council recommended approval of a request to close a portion of a utility easement located on Lot 9, Block 1, Barrington Point Addition. Attached is a copy of Ordinance No. 546 which formally adopts the City Council's action of May 20, 1997. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 546. ATTACHMENTS: 1. Ordinance No. 546 2. Subject Map CITY OF OWASSO ORDINANCE NO. 546 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT NINE (9), BLOCK ONE (1), BARRINGTON POINT ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: The southeasterly 7.S of the northwesterly 17.5' utility easement of Lot 9, Block 1, Barrington Point Addition. WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42-110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of , Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or TCI Cable Television Company; and, WHEREAS, the above holders of franchise or purported holders of a franchise that ~ may purport to have a special right or privilege to use said utility easement have '`~ waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF `~ OWASSO, OKLAHOMA, THAT, ~ Section 1. The following described utility easement, be, and the same is hereby ~ closed to the public use, to-wit: The southeasterly 7.5' of the northwesterly 17.5' utility easement of Lot 9, Block 1, Barrington Point Addition. Section 2. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or ~ transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in ~ writing by the owners thereof. ,~ Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. •~ PASSED AND APPROVED this 3rd day of June, 1997. City of Owasso, Oklahoma Mary Lou Barnhouse, Mayor ATTEST: APPROVED AS TO FORM: Marcia Boutwell, City Clerk Ronald D: Cates, City Attorney ATE FILED ,, NORTH) MAR. 24, 1994 PLAT NO. 4984 BARRING T ON POINT A SUDlVlSlON CONTAlMNC A PART OF THE NII/4 OP TH£ SA/4 ~, OF S£CTlON Z1, T-21-N, R-l4-£, TULSA COUNTY, 01Q tXOdU. R-14-E EAST sanl SlREE7 NORiN ~ o too xao Joo E«t' SCAI,F~ DEVELOPER: PETE KOURTIS HOMES, INC.~1 P.O. BOX 419 OWASSO, OKLA. 74055 272-3282 _ r ~C~AMD N ARK ~..\ I ~ \ 7 1r I ~ ' _ ~ / P.0.8. NORh1YfESi CORNER` f.'V!/4 OF SW/4 SEC. 21, 7-21-N, R-14-E .i i „-i i~ s' ;~ ao ~~. :- a e..e,o .ooar oao ~ o..o. > x Tat oc - SUR4'EYOR: a Y P,tY,VE SUP.VEYl.VC SEP.D'!CE 1216 r. IYlLL ROC£RS BLI'D. Glm -~ BARItR1C[ON CLAP.E.VOR£, OXLA. ~ POOR s.rr-osr~ „ . ENGINE=~: ~ D£.V,VIS L. HODO, P. £., l.YC. CO,VSCLTLVC E.VGl.Y££P. r-1.1, rtu ±. nrtr c rrr_ s•assa o[ tats 272-7552 UNPLATTED N 89'50'15 W PROPOSED BARRINGTON POINT II 1~ y N Ot'S~E~ bnl ~ \ ~J = I _ NORit1E.l5T CORNER NKt/{ Of SW1/S W ~_ O b 0 z i i i o II K I z - Ian o° 00 I~ __ J. 1125.U N aT IS'S 1' • ~ R`T_ Y7 ~. ; _; LEGEND CURVE TABLE ...~: ~. °~ r'.-"° . ~ rt+r.- B/L - &J0.DING SETBACK UNE U/E - tlL1LlTY EASELQlT 0/E - DRNNAGE EASEMENT A/E -ACCESS EASF3IEM LJJA - Uuf1S OF NO ACCESS I o - t/Y IRON PIN ~ FRC r LNC!N RrD1U5 Dc7TA O 2JSC Is.oo 9voo'oc' Q 21. ~: iS.00 L 15'25' m 20.'5 15.00 77:E'<tr (lj IJ.6; 15.00 52'0 ~'lY ~~ ~~+'~ ` - ~ 1..1.,1D ~ T 21 ~ 21 ~.•„,ro, ..~,a.l .~ , s N i .~ . o i% `4 Ewst ea1N SfREtT NORM LOCATION MAP TOTAL LOTS: 41 ! TOTAL ACRES: 15.85.:' THE PLgT BOOK - TULSA COUNTY - COPYRIGHT 1993 ROY MALE KNEE: CITY MAP SERVICE TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERM 15510N OF COPYRIGHT OWNER MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIltECTOR SUBJECT: ORDINANCE NO. 547 DATE: May 27, 1997 BACKGROUND: At the May 20, 1997 meeting, the Owasso City Council recommended approval of a request to close a portion of a utility easement located on Lot 13, Block 2, Copper Meadows Addition. Attached is a copy of Ordinance No. 547 which formally adopts the City Council's action of May 20, 1997. RECOMI~~NDATION: Staff recommends Council approval of Ordinance No. 547. ATTACHMENTS: 1. Ordinance No. 547 2. Subject Map CITY OF OWASSO ORDINANCE N0. 547 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT THIRTEEN (13), BLOCK TWO (2), COPPER MEADOWS ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: The southerly 1.4' of the northerly 11' utility easement of Lot Thirteen, Block 2, Copper Meadows Addition. WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42-110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement aze Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or TCI Cable Television Company; and, WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The following described utility easement, be, and the same is hereby closed to the public use, to-wit: The southerly 1.4' of the northerly 11' utility easement of Lot Thirteen, Block 2, Copper Meadows Addition. Section 2. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing by the owners thereof. Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 3rd day of June, 1997. City of Owasso, Oklahoma ATTEST: Mary Lou Baznhouse, Mayor APPROVED AS TO FORM: Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney 1 1 1 ~+~:..Y.:r1G:: J'AdL:13:3Y1=:+ ~':75:~ DATE FILEll DEC. 6, 1988 FLAT NO• 4739 ~~zoe~ COPPER MEADOWS "1 ~ ~ At! ADDITION TO THE CITY OF OWASSO , OKLAHOMA BEING A PART 0= THE NW I/4 , SW I/4 Ai10 THE N I/2, SW I/4, SW I/4, SECTION 28, T 21 N , R 14 E , TU_SA COUNTY, OKLAHOMA. sl.ii :~: u~.~;.r, rim ~. •,r.,•rto O'NNER ENGINEER O,g (g[-6 4M 1029 OKL GHOM4 UTILITY CCNSTRUC 710N CO WILLIAKI E. LE WIS, ?E "'N1- PO.oUx ) 6420 5. 221 5' E. AVENUE JOAN IIA;I INGS CWASSO. OK, 74OS5 BROKEN ARROW t1A.A COUI11r ulae 918/272-1263 9183:5.138- OK 74014 R 14E 918 / 540 - 2323 - 6TATF. UI OKL 1110NA ~ ~ 4 1... II..,,.R. ld.. Ww, n«k f. ,d T 1«,e•r° .,ds ,w.. ... w. d. LEGEND _ ,~./ , ,.. 21 wl:k ,. n,•NI <a•L1•,°,~./~.~. r"•. Ur[ U.•1~„ E•,e~"n, N a.w,e•~A•,.I W+f1 19~ 6,: - !u•:<.prl:e qA.Y NAti111N1:), i",r l:u"~, <l<,k C.Uw d-IG~I,... <~.-, 0 25 50 00 20G _~~ E 76m Si N0. SCJLE LOCATION MAP B? - Lors 28.5° - A<<n N W CORNER SW I/4 SECTION 28 (T 21 N , R 14 E , PCINT OF BEGINNING N.E. 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I ~ ( i stro - p ~\ `~ 54'~~0' so v$AJ ,.,~l1kS~~`~ 131. G. ~g tsP' 4~/ ~`~i'' ~~7FfOS v Oe S 10 ~c~•:. 21 ~\r3_ ti y, ,a bt4~hll tvc5~ 004,~~L I ~!f w 7e...ry.. I ~ .w ,r ,e• .e..a .ipuw.. ' e . \.~,,~ _ F 0" ~ et.~ ~ h ,,a ~ ;r.\ !'. _ , IE 7 r ~ ~ ^~ T ` _nc 15'_/. I `}. ~..< .,. ~,.a.•~ 6'~` ~J P ,J~ ^•>~ i:~oj\F 9\iy,~ `- ~~,~~ 6~1~1~ c' ~" 1.%% 'e.~~'~AD~ tiro ( 1 arr aEnx F.~rp.~/ °a o >~. ~"d'1 ~,~ X25 ~, 10 ,.. 1h.`~ 1 SSE \. /8.Z sty: DiE~-JT I ~ ? '7 6 I Ci N 25° 35< 29'< W - 51.88', tiyo' 7$IQ ~ „ e'~^+~ `•~ /. s='c-. i w 8 Ffo(i 23 D: ~/ _ ~ I ,' '~ t~ ~ ~ .b ,,~-~~ I I..v`" . N~ \ '^" L'e. ~'~ 7802 ~ I N 36° 15~ 45° W - 124.41 .~ 2p~.,`~. ~?'fery:~ /~s~'z 1` 2g q may, li yE 1 ~:,`~.1.<:;'~<..~:.` .~. ~:,...,.~. _V. slat F.; ISjs.. \ ~ y ~\~~. S 43° 08' 08" W - 4.32~_S 19s0a41 ~ C~ .~ .. ~ /, ..:.. ~' F ",,D'~95o- 129.86' 1 0 ; c n..... ~. rY.:.n-.. ~.... ~,,... .. -- N47°46<56"W -133.66 ~~- :\\ry \546°36~4o~W-5193' ~'-" ~1,/ 9+1v <.._........,..,,.~ ~~..._..<... r N 59° 25~ 16' W - 86.27'= ~., S 3.° 27' 15' W - III ~ ) C/ L_ ~.. `,.. ~ _ I 14.59' ~.r C~ THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1988 ROY MALE RNEE, CITY MAP SERVICE TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TIMOTHY ROONEY COMMiJNITY DEVELOPMENT DIRECTOR REQUEST FOR AUTHORIZATION TO SOLICIT BIDS FOR CONSTRUCTION OF RESTROOM IlVIPROVEMENTS AT THE SPORTS PARK May 29, 1997 In February of 1997, staff began conducting monthly meetings with the Sports Park User Groups regarding the construction of a restroom facility at the Owasso Sports Park. Representatives from each group that utilizes the Sports Park (Owasso Girls Softball Association, Future Owasso Rams Baseball and Football, Green Country Soccer, and Concession Providers) along with city staff had agreed that the construction of a restroom facility was the number one priority at the Sports Park. As a result of these regular monthly meetings, along with several additional special meetings, the scope of what a restroom facility needed to include at the Sports Park was realized, an architect was selected to design plans and specifications for the proposed facility, and donations from the private sector were also solicited to off-set construction costs. These efforts, on behalf of the staff and user groups, has allowed this group to be ahead of the "curve" so to speak in bringing this project to the City Council for authorization to solicit bids. THE FACILITY Copies of the elevation profile and floor plan for the proposed facility are attached for your information and review. As you can see, the facility has been designed with long term ' maintenance costs bein the singularly most important factor The utilization of split face block, R-panel metal roofing, stainless steel fixtures, and block walls for individual stall dividers were all areas identified by the staff as necessary items in order to control and keep maintenance costs ~ for the life of the facility to a minimum. For example, the split face block will require no long term care, the utilization of a metal roof provides up to a 30 year life expectancy, rather than the optimistic 20 that could be realized with a composition roof, the fixtures proposed are stainless steel rather than porcelain and are virtually vandal proof. The utilization of block walls for stall dividers also virtually eliminates the repair and upkeep typically found with metal stall dividers. When comparing the proposed restroom with the restroom constructed in Elm Creek Park in 1991, mistakes and successes are easily identified. The roof of the restroom at the Elm Creek Park is comprised of composition shingles and is already displaying signs indicating a need for replacement. On the other hand, the fixtures contained in the Elm Creek Park restroom are stainless steel and absolutely no funds have been spent on these fixtures since the day it opened. This is also true for the exterior of the restroom facility as it was constructed with split face block. With these maintenance costs savings and expenses identified in only a 6 year time frame, staff feels it is important to continue to develop facilities with long term maintenance cost in mind. A materials list for the proposed restroom is attached for your information and review. Please note that various members of the Sports Park User Group have secured numerous donations for the construction of the restroom facility. Letters from those private sector vendors who have donated materials for construction are also attached for your information and review. The final bid packet will make potential bidders aware of these donations and should be considered when tabulating the total bid for the project. FUNDING Funding for the proposed restroom facility is included within the Capital Improvements Fund of the proposed budget for FY 1997-98. Staff is only requesting authorization to solicit bids for this project at this time. Any allocation of resources or actual expenditures would be directly dependant upon the Capital Improvements Committee and Council approval for planned expenditures within the Capital Improvements Fund, the Council approval of the FY 1997-98 Budget, and the acceptance of a bid received. While this request is unusual and early, the driving force behind getting the project started is the opinion by all involved that the restroom is an urgent need. It was staff's opinion and goal to solicit bids for the restroom project as early as possible so that the project could be awarded to a successful bidder as early as possible after the FY 1997-98 budget was adopted. This would then allow for an earlier start up time for the construction of the restroom which results in the restroom being constructing during the driest time of the year and being completed prior to, or shortly after, the start of the fall season for FOR, OGSA, and Green Country Soccer. To summarize, the Council would not be allocating any funding resources to the project at this time, but rather simply putting the city in a possible position to award a contract to construct a restroom at the Sports Park so that it can be constructed as early as possible in the next fiscal year. If the authorization to solicit bids is approved by the Council, the bid advertisement will be published in the June 12, 1997 Owasso Reporter, followed by a mandatory pre-bid meeting on ~~ne 33, 1997, with bids being opened on July 15, 1997. Bids would then be reviewed and a rec~~mendation to the Council would follow. Copies of preliminary bid documents are attached for your information and review. Copies of the complete bid specification packet will be delivered to the Council prior to the bid advertisement upon your request. RECOMMENDATION: Staff recommends Council approval of the request to solicit bids for the construction of restroom ' improvements at the Owasso Sports Park. ATTACHMENTS: 1. Elevation profiles and floor plans for proposed restroom. 2. Materials list for proposed restroom. 3. Letters of donated materials for the proposed restroom. 4. Preliminary bid documents. j . Collin s D E S I G N 14506 East 102nd Street North Owasso, Oklahoma 74055 918 274 8788 Preliminary Estimate of Material Lists Description: Restroom Facility at Owasso Sports Complex 1. Rebar for footings and reinforcement in cmu wall. 525 L.F. of #4 rebar ~ 700 L.F. of #5 rebar 2. Horizontal joint reinforcement at cmu wall. 1000 ft. of standard z-wire to be placed at 16" o.c. vertical 3. Slab and sidewalk reinforcement. 1200 sq. ft. of 6x6 - 10/10 welded wire mesh ~' 4. Slab sealant interior 1000 sq. ft. of coverage 5. Masonry Items 2 loads of masonry sand ~ 75 bags of type-s masonry cement 900 8"x8"x16" split-face cmu block (tan in color) ' note: allow for six corners of split-face corner block 500 8"x4"x16" standard cmu block (tan in color) ~ 100 8"x8"x16" standard cmu block (tan in color) 2000 standard brick to course with cmu block note: brick to be new yet have used charactaristics i.e. deep red with variating white and dark splotches. 6. r Metal R-Panel Roof (hunter green in color) 1500 sq. ft. of standard roof 325 sq. ft of soffit/fascia and detail work i.e. the roof vent. ' 7. , Framing (wood to be #2 douglas fir) 20001.f. of 2"x8" 1501.f. of 2"x4" 1 50 sheets of 3/4" cdx plywood for roof deck 8. Skylights ' 6 - 2' x 4' skylights with clear lens 9. Interior Fixtures 2 handicap toilets (stainless) ~ 7 standard toilets (stainless) 3 urinals (stainless) 2 handicap sinks and faucets (stainless) 2 standard sinks and faucets (stainless) 2 mirrors (stainless) no glass 10. Doors 3- 3'-0" x 6'-8" standard steel doors one with standard lever and two with handicap lever all to have key lock Other items to be specified are: Paper dispensers Custom Steel Exhaust Louvers Structural Steel at entry Handicap grab bars Please remember this list is a preliminary estimate and a more detailed estimate will follow as construction documents near completion. If you have any questions please feel free to call and ask. I will be glad to clarify any of the above items mentioned. ., ~e ~ \aoaaoe~ February 25, 1997 FUTURE OWASSO RAMS P. 0. BOX 719 OWASSO, OK 74055 RE: CONCRETE DONATION (50 yards) FOR RESTROOM FACILITY AT OWASSO SPORTSPARK DEAR MR. FELTS: PLEASE ACCEPT THIS LETTER AS CONFIRMATION THAT RAINBOW CONCRETE WILL DONATE THE 50 YARDS OF CONCRETE THAT YOU REQUESTED FOR THE RESTROOM FACILITY AT THE OWASSO SPORTSPARK. THIS INCLUDES CONCRETE FOR THE FOOTING, SLAB AND SIDEWALKS ON THIS PROJECT. PLEASE KEEP US INFORMED AS TO WHEN THIS PORJECT WILL GET STARTED. SINCERELY, TOMMY~~T ipMpSON VICE-RRESIDENT TT./sf COPY - DISPATCH 4 ^ 1 ~ RAINBOW CONCRETE COMPANY ' Mailing Address: P.O. Box 691084 Tulsa, Oklahoma 74169-1084 Accounting: 234-9044 Sales & Production: 437-6874 Dispatch: 437-6535 Location: 13521 E. 11th St. April 30, 1997 Tim Rooney Community Development Director Subject: Owasso Sports Park Restrooms Dear Mr. Rooney The Owasso Soccer Club has contacted several local business about making donations for the construction of the restroom facilities at the Owasso Sports Park. As of this time the Owasso Soccer Club will guarantee the delivery of the following materials to be available at the time of contract award or at contractors request. 525 lin. ft. of #4 rebar. 700 lin. ft. of #5 rebar. 2000 lin. ft. of 2" x 8" #2 douglas fir framing. 150 lin. ft. of 2" x 4" #2 douglas fir framing. 50 sheets of 3/4" cdx plywood for roof deck. The Owasso Soccer Club is still negotiating with some of the business for the following materials. We expect to confirm these donations within 7 to 10 days and have a final list at that time. 50 yards of concrete_ 1500 sq_ ft. of standard metal R-panel roof. 6 - 2' x 4' skylights. 3 - 3'-0" x 6'-8" standard steel doors_ Sinc rely ~~ %~-~ Rick Cook Owasso Soccer Club Liaison to the City cc: Mr. Jerry Spencer Pres. Mr. Mike Barros 1st V.P. Ms_ Karen Ropel Sec. FUTURE OWASSO RAMS -YOUTH BASEBALL 8361 N. OWASSO EXPWY, SUITE F OWASSO, OK. 74055 APRIL 29,1997 CITY OF OWASSO 207 S. CEDAR OWASSO, OK. 74055 SUBJECT: DONATION OF MATERIALS FOR SPORTSPARK RESTROOM DEAR MR. ROONEY: PLEASE ACCEPT THIS LETTER AS CONFIRMATION THAT FUTURE OWASSO RAMS YOUTH BASEBALL WILL DONATE 50 SHEETS OF 3/4" CDX PLYWOOD FOR ROOF DECK OF SPORTSPARK RESTROOMS. ALSO FUTURE OWASSO RAMS BASEBALL WILL DONATE 3 LITHONIA HI-TEK INDUSTRIAL HIGH PRESSURE SODIUM LIGHT FIXTURES MODEL #TWP, THAT CAN BE USED INSIDE OR OUTSIDE. PLEASE NOTE OUR SUPPLIERS WISH TO REMAIN ANONYMOUS. FUTURE OWASSO RAMS GUARANTEES DELIVERY OF THESE ITEMS. THE COST OF WOOD CHANGES DAILY IF STORAGE IS AVAILABLE WE WOULD LIKE TO DELIVER PLYWOOD AS SOON AS POSSIBLE TO AVOID ANY PRICE INCREASE. SINCERELY, - ~~~ M FEL S DIRECTOR F.O.R. BASEBALL MANDATORY PREBID MEETING AT OWASSO CITY HALL 207 SOUTH CEDAR OWASSO, OKLAHOMA TIME: 2:00 P.M. DATE: JUNE 23, 1997 MEETING SHALL BE FOR ALL QUESTIONS CONCERNING THE PR07ECT. THE ONLY BIDS HONORED AT THE BID OPENING WILL BE FROM THOSE BIDDERS HAVING A REPRESENTATIVE PRESENT AT THE PREBID MEETING; SUCH REPRESENTATIVE MAY BE AN OFFICER OF THE BIDDER OR AN AGENT DULY AUTHORIZED, IN WRITING, AS SUCH BY THE BIDDER. SECTION 00100 ADVERTISEMENT FOR BIDS CITY OF OWASSO 207 SOUTH CEDAR OWASSO, OK 74055 (918-272-2251 Separate sealed Bids for OWASSO SPORTS PARK RESTROOM FACII.ITY, and all appurtenances thereto, will be received by the City of Owasso, Office of the Contract Administrator, at 207 South Cedar (PO Box 180), Owasso, Oklahoma 74055, (918) 272-2251 unti12:00 p. m. Central Daylight Time (2:00 p. m. CDT) on Tuesday, July 15, 1997, and then at said City Hall publicly opened and read aloud. A MANDATORY pre-bid conference will be held at the Owasso City Hall at 2:00 p. m, on Monday, June 23, 1997. A failure to attend the mandatory pre-bid conference will disqualify the bidder from bidding on this project. Said improvements shall include items in the specifications. Each Bid must be accompanied by a BID BOND payable to the CITY OF OWASSO for Five Percent (5 %) of the total amount of the BID. As soon as the BID prices have been compared, the CITY OF OWASSO will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will not be returned until the PERFORMANCE AND MAINTENANCE AND STATUTORY PAYMENT BONDS have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. PERFORMANCE AND MAINTENANCE AND STATUTORY PAYMENT BONDS in the amount of 100 percent (100%) of the Contract Price, with a corporate surety approved by the CITY OF OWASSO, will be required for the faithful performance of the contract. Attorneys-in-Fact who sign BID, PERFORMANCE AND MAINTENANCE AND STATUTORY PAYMENT BONDS must file with each Bond a certified and effective dated copy of their power of attorney. IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST APPEAR ON THE TREASURY DEPARTMENTS MOST CURRENT LIST AND BE AUTHORIZED TO TRANSACT BUSINESS IN THE STATE WHERE THE PROJECT IS LOCATED. All BIDS must be made on the required BID form. ALL blank spaces for BID prices must be filled in, in ink or typewritten, and BID form must be fully completed and executed when submitted. BIDS carrying riders, alterations of construction time or qualifications which modify ~„„ the amount of the BID as submitted can be rejected as irregular. BIDDER must fill out the BID form and other required documents for the bid opening. ADVERTISEMENT FOR BIDS 0697 00100 -Page 1 of 2 The CITY OF OWASSO may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within thirty (30) calendar days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the CITY OF OWASSO and the BIDDER. BIDDERS shall submit a completed "Statement of Bidder's (~ualifcation", Section 00230, at the time of the BID Submittal. All forms are included. B1D~ERS' shall .'sub~~ ~~C The CONTRACT DOCUMENTS may be examined at the following location: Owasso City Hall Office of Contract Administrator 207 South Cedar Owasso, OK 74055 (918) 272-225 Copies of the CONTRACT DOCUMENTS may be purchased at Owasso City Hall upon payment of Twenty Dollars ($20.00) for each set. There will be no refunds. CITY OF OWASSO BY: Contract Administrator (Title) ADVERTISEMENT FOR BIDS 0697 00100 -Page 2 of 2 SECTION 00200 BID ^ PROJECT IDENTIFICATION: OWASSO SPORTS PARK RESTROOM FACILITY ^ THIS BID IS SUBMITTED TO: CITY OF OWASSO 207 SOUTH CEDAR ^ PO BOX 180 OWASSO,OK 74055 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract documents for the Contract Price and within the Contract time indicated in this Bid and in accordance with the Contract Documents. ^ 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid acceptance ^ period is thirty (30) calendar days following the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract documents within ten (10) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Contract Documents and of the following addenda: Addendum Number Date (receipt of all of which is hereby acknowledged) and also copies of the Advertisement to Bid and the Instructions to Bidders; ^ BID 0697 00200 - 1 of 6 .. (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems y necessary. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. BID FORM ON NEXT PAGE BID 0697 00200 - 2 of 6 BID FORM OWASSO SPORTS PARK RESTROOM FACILITY ITEM # DESCRIPTION 001 Site Work 002 Concrete (Footings, Slab & Porches) 003 Masonry 004 Rough Carpentry 005 Thermal and Moisture Protection 006 Doors 007 Finishes 008 Specialties (Restroom Accessories) 009 Mechanical TOTAL BID FOR RFSTROOM FACIIITY BID BID 0697 00200 - 3 of 6 4. BIDDER agrees that the Work will be completed and ready for final payment in accordance with the General Conditions on or before the dates or within the number of calendar days indicated below. BIDDER accepts the provisions of the Agreement as to liquidated damages of $500.00 for each consecutive calendar day in the event of failure to complete the project within 90 (ninety) calendar days. 5. The following documents are attached to and made a condition of this Bid: ^ A. Required Bid Security in the form of ; B. Statement of Bidder's Qualification, Section 00230; and ~ C. All forms listed in Instructions to Bidders, and Section 00110. 6. The terms used in this Bid which are defined in the General Conditions of the Construction ~ Contract included as part of the Contract Documents have the meanings assigned to them in General Conditions. SUBMITTED ON , 19, BY: COMPANY: IF BIDDER IS: An Individual By: (S~-) (Individual's Name) doing business as Business address: Phone No.: BID 0697 00200 - 4 of 6 1 ' A Partnership By: (Firm Name) (SEAL) (General Partner) Business address: Phone No.: A Corporation By: (Corporation Name) ii (State of Incorporation) By: (Name of Person Authorized to Sign) (Title) (Corporate Seal) ' BID 0697 00200 - 5 of 6 A Joint Venture By: By: (Name) (Address) (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BID 0697 00200 - 6 of 6 MEMORANDUM ~ TO: RODNEY J. RAY CITY MANAGER ~~ FROM: M. A. ALEXANDER ~ CHIEF OF POLICE SUBJECT: UNIFORM CLEANING BID ii ii ii i~ i~ DATE: May 29, 1997 BACKGROUND: Since 1993, the Owasso Police Department has contracted services for the cleaning of uniforms within the police department. In April of this year, bid specifications were sent to all dry cleaning establishments in Owasso, (four total). The specifications requested the individual cost of cleaning per item for all articles submitted. All vendors were contacted before the bid due date to encourage participation and to remind of the bid date and time. On May 19, 1997, at 3:00 p.m., only one bid had been received. They were opened at City Hall by the Owasso City Clerk and witnessed by police employee, Nancy Edwards. The following is a synopsis of the bid submitted. en niform Shirt Trouser a k t Three Lakes $2.50 $1.25 $1.25 $2.50 Last Year's $2.1U 1.0 1.05 2.10 Icky's Three Lakes has been awarded the cleaning bid for the last three years due to low bid submittal. Although the prices submitted this year are higher than last year's awarded contract. RECOMMENDATION: Staff recommends Council approval on acceptance of the uniform cleaning bid from Icky's Three Lakes Laundry for the laundering and dry cleaning of all uniformed police employees. ATTACHMENTS: 1. Bid Proposal 2. Contract documents and bid specifications. w CONTRACT DOCUMENTS AND BID SPECIFICATIONS FOR UNIFORM CLEANING FOR THE OWASSO POLICE DEPARTMENT APRIL 1997 CITY OF OWASSO, OKLAHOMA ~.. CONTRACT DOCUMENTS AND SPECIFICATIONS FOR UNIFORM CLEANING FOR THE OWASSO POLICE DEPARTMENT CITY OF OWASSO, OKLAHOMA Table of Contents Notice to Bidders Specifications Bid Form Bid Affidavit NOTICE TO BIDDERS Sealed Bids will be received by the City of Owasso at the Owasso ~' City Hall, Office of the Contract Administrator, 207 South Cedar, PO Box 180, Owasso, Oklahoma 74055 until 3:00 p.m. on the j 19th day of May, 1997, and then at said City Hall publicly opened and read aloud. This will be for the furnishing of the following item: Cleaning of police department uniforms, per specifications. Further information and specification packets can be obtained by ~, contacting the Contract Administrator at Owasso City Hall during regular working hours. Envelopes containing bids must be marked to identify the item being bid. The City of Owasso expressly reserves the right to reject all bids. ~ All bids will be considered irrevocable offers under conditions specified in the bid for a period of thirty (30) calendar days from -~ and after the date herein for the opening of bids. ,~ i arcia Boutwell, Contract Administrator _ r i SPECIFICATIONS GENERAL DESCRIPTION The following is a comprehensive list of specifications for cleaning of departmental uniforms for the fiscal year July 1, 1997 through June 30, 1998. In general, the cleaning will include all police officer uniforms, communications officer uniforms, and civilian attire for the police chief and detectives. This will also include an occasional laundering and starching of the animal control officer's uniform. GENERAL PROVISIONS Vendor Initials ~~. Length of Contract -The cleanin contract shall be fora riod g pe of one year and shall be automatically extended until a new contract is awarded. The contract period is from July 1, 1997 through June 30, 1998 (12 months). Billine -The uniform cleaning bill shall be submitted monthly, and monthly payments will be made by the City of Owasso. Alterations will be billed separately from cleaning. BILLING WILL BE PROVIDED PER ITEM CLEANED. 3. Number of Uniforms -There will be thirty-two (32) employees. The breakdown for cleaning services is as follows: 23 officers -full uniforms 5 communications employees -full uniforms 3 officers -civilian clothing 1 animal control officer, launder and starch 4. Laundering/Cleaning services -Services to include dry cleaning of all uniforms as shown above, dry cleaning or laundering of civilian clothes and replacement of buttons as needed. Cleaner must provide hours and days of operation. 5. Cleaner must be able to handle and launder uniforms contaminated with blood or other body fluids in compliance with OSHA bloodborne pathogens and infectious disease control standards. Cleaner must utilize cool dry cleaning process and be able to provide two-day service. 6. Other Specifications -Cleaner must insure garment replacement while in the possession of the cleaner if items are lost or stolen. 1 ~, ~. v. r, The City of Owasso reserves the right to reject any or all bids, and to waive any or all technicalities, informalities, or other minor deviations from the bid document. Proposal ExQenses -Expenses for developing the proposal are entirely the responsibility of the vendor and shall not be chargeable to the City of Owasso. Prior Information -Any information which may have been released either orally or in writing prior to the issuance of this bid request shall be deemed preliminary in nature and bind neither the City of Owasso nor the vendor. 10. Vendor Contract -Any proposal accepted shall be incorporated into the contract which the City of Owasso will enter into with the vendor. 11 ~`^' 12. 13. 4. Proposed Cost - It is not the policy of the City of Owasso to negotiate the price after the vendor is selected. The supplied bid form shall include a total bid price. All bids delivered to the City of Owasso shall be sealed and visibly marked SEALED BID/POLICE DEPARTMENT UNIFORM CLEANING. Contact Person -Questions and clarification concerning this bid shall be made to the Operations Commander, Lieutenant Cliff Motto at 918-272-2244. Deviations -Any deviation from the published specifications should be noted on an attached sheet of paper. Comments may be included on an additional sheet. 2 A BID PROPOSAL -SUBMITTAL PAGE POLICE DEPARTMENT UNIFORM CLEANING a6 TOTAL BID PRICE FOR COMPLETE CLEANING: $ /~ 1 ~~~ , -- COSTS -~~© ~, a~ ii Cost per uniform cleaned - (trouser & shirt) Uniform trouser only ~ • ~_ Uniform shirt only • 7s Tie, A~~ --~~ • ~D Jacket C. wlo .~~) ~Yo~ 2~ ~~..~ ~ loam '7~L~ ~ ~ , ~'~ ~ ~ , Provide any add ion information necessary. ~~.~,~.~ Q-a..c~~ ~Q c~~. aQ4~ ~ ~.~onu~.Civilian clothing - ~_ ~p G~h-ec,~~ ~. ~O~ f .~.~~ o~ Trousers, etc Provide listing of specifics if different. • The city will pay a per item cost. All billing must be detailed to the officer, date and article of clothing. I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal -Submittal Pages. ~~ i ~ ~~J~J~ ~~~ a ~~ Signature Title Address BID OPENING: MAY 19, 1997 (c~3:00 P.M. .. NON COLLUSION BID AFFIDAVIT STATE OF ~ !~' ~ ~Y~~. ) ss COUNTY OF ) of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract. Signature Subscribed and sworn before me this _ .~e day of 1997. .-j~H- Notary Public _ My Commission Expires: ~G~~a~~~~ 3i. ~U NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL Name: ~ / ~f~ J ~ ~-~ ~~5~ u~ ~J 0 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: REQUEST TO AWARD BID AND APPROVE CONTRACT FOR FLEET FUEL MANAGEMENT SERVICES DATE: May 27, 1996 BACKGROUND: In June of 1993, a staff team began meeting to explore the possibility of privatizing our fleet fuel services. This team determined from those meetings and meetings with representatives from three fuel services, that it would be cost effective to the city to pursue this program. Bid specifications were developed and the first contract for privatized fleet fuel services was awarded to GO! Systems on October 5, 1993, following the bidding practices required by law. Contract terms stated that GO! Systems would supply fuel for the city fleet twenty-four hours a day, seven days a week, at a margin of 7C per gallon, based on the OPIS average wholesale cost of fuel on a weekly basis. The term of the contract was through June 30, 1994, with the recommendation that the fuel services be rebid prior to the beginning of FY 94-95. The fuel contract has been rebid each of the succeeding years, and GO! Systems has been awarded the contract each fiscal year (FY 94-95 at a margin of 7C per gallon, FY 95-96 at a margin of 6C per gallon, and FY 96-97 at a margin of 6C per gallon). COMIVVIENTS: ' Comments from city employees concerning the privatized fueling system have been positive. Utilizing those comments and evaluating the success of the program over the last three-and-one- half years have provided an indication that we should continue this privatized program for the 1997-98 fiscal year. Therefore, bid packets were mailed to five vendors - Quil~Trip, Texaco, Kemco Fuels, Fuelman of Oklahoma, and GO! Systems. ~ Bids were received from GO! Systems and Fuelman of Oklahoma and were opened on May 27, 1997 at 2:00 p.m. GO! Systems bid a margin of 6C per gallon and Fuelman of Oklahoma bid a margin of 9C per gallon. Item #7 of the bid specifications states: FLEET FUEL MANAGEMENT SERVICES MAY 27, 1997 PAGE 2 The CONTRACTOR shall furnish SERVICES at a price based on the wholesale cost of fuel on a weekly bas' Owasso of such cost once a week, pl published, only the margin shall be bid. June 30, 1998. Thu contrast rbay; be ~;xt', Utilization of the OPIS as a bidding benchmark was selected after reviewing successful programs in other cities. By using OPIS, every bidder can quote an "apples to apples" bid. Language was added to the bid specifications and contract this year that will allow the contract to be extended on a yearly basis for up to three years. That new language is shaded in the paragraph above. MONITORING AND REPORTING: GO! Systems and Fuelman of Oklahoma both provide a complete fleet fueling management information system with no set up fees and no monthly service fees. The reports vary slightly, but contain the same basic information. Each month GO! Systems provides the City of Owasso, at no charge, with a Vehicle Analysis ReportlInvoice which includes the vehicle number, vehicle department number, purchase date, purchase time, purchase location, driver's name, odometer reading, product code, gallons purchased, unit cost per gallon, total purchase amount, cost per mile, and cost per gallon. In addition, it includes a summary of all transactions for that month, as well as year to date. After review by the managerial staff, each department is sent a copy of the portion of the report that pertains to that department. All of the above information is also received from the company at no charge on computer diskette for our use. GO! Systems provides replacement fleet charge cards as needed at no cost. Fuelman of Oklahoma can provide similar information to that of GO! Systems, however Fuelman assesses charges ranging from SOC per charge card to $5.00 per report provided. GO! Systems provides over 400 fueling locations throughout Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas, all of which are available to us. There are currently three fuel sites in Owasso -both Git 'N Go stations and Spencer's Short- Stop. Fuelman has indicated that they have a location within the Owasso city limits meeting the bid specifications. City vehicles may be fueled any day of the week at any time. the FLEET FUEL MANAGEMENT Oil Price Index Service (OPIS) average is, with written confirmation to the City of us a set margin. Since the OPIS cost is FLEET FUEL MANAGEMENT SERVICES MAY 27, 1997 PAGE 3 Upon a review of the bids, Staff recommends that the City Council award the contract for gasoline and diesel fuel for FY 1997-98 to GO! Systems at a margin of 6C per gallon, based on the OPIS average wholesale cost of fuel on a weekly basis, and that the Mayor be authorized to execute the necessary documents. ATTACHIVIENTS: ^ 1. Bid Specifications 2. Bid Documentation ' 3. Bid Proposals '~ FLEET FUEL MANAGEMENT SERVICES MAY 27, 1997 PAGE 3 r~~NDATION: Upon a review of the bids, Staff recommends that the City Council award the contract for gasoline and diesel fuel for FY 1997-98 to GO! Systems at a margin of 6C per gallon, based on the OPIS average wholesale cost of fuel on a weekly basis, and that the Mayor be authorized to execute the necessary documents. ATTAC~IMENTS: 1. Bid Specifications 2. Bid Documentation 3. Bid Proposals 4. Memorandum Regarding Fuel Purchases i i i GENERAL SPECIFICATIONS The CONTRACTOR shall provide regular unleaded gasoline at a minimum of 87 octane, and diesel fuel, for all City owned vehicles and equipment. 2. The CONTRACTOR shall provide a credit card based fuel management system with the capability of issuing cards for all vehicles owned by the City, as well as the capability of restricting cards to "fuel only" if so desired by the City. Cards shall also be provided for large pieces of equipment and portable fuel tanks. 3. The CONTRACTOR shall provide Personal Identification Numbers (PINs) for each driver or operator of City Owned equipment. 4. The CONTRACTOR shall provide at least one fuel station within the city limits of the City of Owasso, which shall be attended 24 hours each day. The fueling station, or combination of fueling stations within the city limits of Owasso, shall provide all classes of fuel required under the terms of these provisions. The ability to provide multiple fuel locations throughout the state is desirable. 5. The CONTRACTOR shall provide certified monitoring control reports; i.e. additives, water monitoring. The CONTRACTOR shall guarantee the cost of repair to vehicles and equipment damaged because of problems with the fuel. 6. The CONTRACTOR shall submit three (3) references (i.e. client name, contact person, title, phone number) of clients for whom they provide similar services. ~ 7. The CONTRACTOR shall furnish the FLEET FUEL MANAGEMENT SERVICES at a price based on the Oil Price Index Service (OPIS) average wholesale cost of fuel on ' a weekly basis, with written confirmation to the City of Owasso of such cost once a week, plus a set margin. Since the OPIS cost is published, only the margin shall be bid. The bid margin shall be good through June 30, 1998. The contract may be extended for successive one-year terms for a period of up to three years if agreed to by both parties in writing not less than sixty days prior to the expiration of the initial one-year term or ~ of any successive one year term. 8. Bids from contractors not bidding in the prescribed manner will be rejected at time of opening. SPECIAL PROVISIONS 1. 2. The CONTRACTOR shall provide a receipt and the following documentation for each purchase of fuel: a. Date and time of purchase b. Identification of vehicle receiving fuel c. Amount and grade of fuel purchased d. Identity of individual pumping fuel e. Location of fuel purchase f. Odometer reading at the time of fuel purchase g. Provisions for tracking non-road use equipment h. Purchaser shall be required to sign a receipt for each fuel purchase The CONTRACTOR shall provide summary reports. The monthly summary reports shall provide the following information: a. An analysis by vehicle of all fuel purchases made for that vehicle b. Cost per mile for fuel information for each vehicle c. Miles per gallon information for each vehicle on a month-to-date and year-to-date basis d. Identification of all drivers fueling each vehicle within the month e. Totals by department 3. As the City is tax exempt, the CONTRACTOR shall remove State and Federal taxes from the price of fuel; however, the Oklahoma Special Assessment Tax shall not be removed. 4. The ability of the CONTRACTOR to provide fueling data to the City of Owasso on disk for input to a personal computer is desirable, but not required. ~ Number of Bids: 2 Bids Opened By: Marcia Boutwell CITY OF OWASSO/OWASSO PUBLIC WORKS AUTHORITY 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 (918) 272-2251 BID DOCUMENTATION Opening Date: May 27, 1997 Council/Trustee Approval: Item: Fleet Fuel Management Services Witness: Allan Harder ii Witness: Bidders Amount of Bid ''I GO! Systems Fuelman Inc .06 margin 09 margin Certification: I, Marcia Boutwell, City Clerk, do hereby certify that, to the lf~s:;o~~my kit~vl~dge, this Bid Documentation is true and correct. :J " r, ~- r ~ • '-n J Signature: Date: yer'_ `~ /~ -' c~/J ` ;:f..... 1 -,:~„ GO! Sys~e ms BID PROPOSAL -SUBMITTAL PAGE Fleet Fuel Management Services 1. The undersigned declares that before preparing this BID (s)he carefully read the detailed specifications and that this BID is made with full knowledge of the kind, quality and quantity of the services to be provided. 2. The undersigned offers and proposes to furnish the fuel, materials, equipment, or other services set forth in the specifications and provisions, in the manner and under the conditions and in accordance with the specifications in this document. 3. In submitting this BID, the undersigned represents, as more fully set forth in~ the ' AGREEMENT, that; a. The undersigned has examined copies of all BID documents. ~ b. The undersigned has familiarized himself/herself with the nature and extent of the Contract Documents, and all Local, State and. Federal Laws and Regulations that in any manner may affect the cost, progress, and performance of the ~ CONTRACT FOR SERVICES. c. The undersigned has correlated the results of all such observations, examinations, investigations, and studies with the terms and conditions of the Contract Documents. d. This BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or corporation. The undersigned has not directly or indirectly induced or solicited any other firm or individual to submit a false or sham BID. The undersigned has not solicited or induced any person, firm or corporation to ' refrain from submitting a BID. The undersigned has not sought by collusion to obtain for itself any advantage over any other individual or over the City of Owasso. ' 4. The undersigned will provide the FLEET FUEL MANAGEMENT SERVICES at a price based on the Oil Price Index Service (OPIS) average wholesale cost of fuel on a weekly basis, plus a set mazgin. ~m THE BID MARGIN LS ~ D . D ~P ~~ '~~ CENTS PER GALLON ~~ ~~ ~U. e l WL a rt BID PROPOSAL -SUBMITTAL PA E Fleet Fuel Management Services 1. The undersigned declazes that before preparing this BID (s)he cazefully read the detailed specifications and that this BID is made with full knowledge of the kind, quality and quantity of the services to be provided. ^ 2. The undersigned offers and proposes to furnish the fuel, materials, equipment, or other services set forth in the specifications and provisions, in the manner and under the ' conditions and in accordance with the specifications in this document. 3. In submitting this BID, the undersigned represents, as more fully set forth in the ~ AGREEMENT, that; a. The undersigned has examined copies of all BID documents. b. The undersigned has familiarized himself/herself with the nature and the extent of ~ the Contract Documents, and all Local, State and Federal Laws and Regulations that in any manner may affect the cost, progress, and performance of the CONTRACT FOR SERVICES. ^ c. The undersigned has correlated the results of all such observations, examinations, investigations, and studies with the terms and conditions of the Contract Documents. d. This BID is genuine and is not made in the interest of or on behalf of any ~ undisclosed person, firm or corporation and is not submitted in conformity with any agreement or corporation. The undersigned has not directly nor indirectly induced or solicited any other firm or individual to submit a false or sham BID. ~ The undersigned has not solicited or induced any person, firm or corporation to refrain from submitting a BID. The undersigned has not sought by collusion to ' obtain for itself any advantage over any other individual or over the City of Owasso. 4. The undersigned will provide the FLEET FUEL MANAGEMENT SERVICES at a price based on the Oil Price Index Service (OPIS) average wholesale cost of fuel on a weekly basis, plus a set mazgin. THE BID IS 0.09 CENTS PER GALLON ^ ~MORA1vnuM TO: ALL DEPARTMENT DIItECTORS & DF:IVERS OF CITY VEHICLES FROM: RODNEY J RAY CITY MANAGER w SUBJECT: GASOLINE PURCHASES DATE: March 13, 1995 It is the intent of this memorandum to set forth a policy to be followed for the purchase of gasoline and diesel fuel. While we recognize and support nationally-owned chain store vendors, it is important that we support locally-owned businesses whenever possible. Therefore, it is the policy of the City of Owasso to utilize Spencer's Short Stop as the primary source of fuel purchases for city vehicles and equipment during the hours in which they are open for business. During the hours when Spencer's Short Stop is not open, fuel may be purchased at either Git-N-Go location. City employees are expected to follow this policy; and purchases will be monitored for compliance. ~oCdC ~~•+~PSS ~Wi~l2~S 17d~~ /~l(J~S~A ~~ei~v' ~ ~~ %~ our /yla,+lP d~/ e ,~ ~'e ~Q~rn y u~ .~~ ~~e ~~.~ - r ~~~ .~ ~ ~ m~ sT S ~~~ ~ ~~~~v~iZ }~0 SS~~~/e-