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Home My WebLink About1996.09.03_City Council Agenda PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: September 3, 1996 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, August 30 1996. Marcia outwell, City Clerk AGENDA 1. Call to Order 2. Roll Call 3. Special Presentation to Mr Tom Kimball, Past Chairman of the Owasso Economic Development Authority. Councilor Helm and the City Council 4. Request Approval of the Minutes of August 20, 1996 Regular Meeting. Attachment #4 Owasso City Council September 3, 1996 Page 2 5. Request Approval of Claims. Attachment #5 6. Consideration and Appropriate Action Relating to Ordinance #528, an Ordinance Providing for the Closing of a Portion of a Drainage Easement Located on Lot 13, Block 1, Windsor ~ Lake II Addition to the City of Owasso, Tulsa County, Oklahoma. Mr Ray Attachment #6 The staff will recommend Council approval of Ordinance #528 based on previous Council action of August 20, 1996 approving such closing. 7. Consideration and Appropriate Action Relating to Ordinance #529, an Ordinance Approving ~ and Adopting an Action by the Owasso Public Works Authority, Wherein Rates for the Purchase of Water from the Authority Were Increased. Mr Ray Attachment #7 ,~ The staff will recommend Council approval of Ordinance #529 establishing the rates ' charged to City of Owasso water customers and approving action taken by the OPWA to ~ establish those rates. Owasso City Council September 3, 1996 Page 3 8. Consideration and Appropriate Action Relating to a Request for Council Approval of "Carry-Over Budget Requests" from Various Departments, Such Action Requested in the Form of Supplemental Appropriations to the FY 1996-97 Budget. Ms Bishop Attachment #8 The staff will recommend Council approval of supplemental appropriations to the General Fund in the amount of $50,925, to the Capital Improvements Fund in the amount of $80,000, to the Garage Fund in the amount of $4735, and to the Capital Projects Grant ~ Fund in the amount of $94, 844.00; such supplemental appropriations derived from a carryover of funds from the 1995-96 budget. 1 -- ' 9. Consideration and Appropriate Action Relating to a Request for an Amendment to the Personnel Policies and Procedures Manual Providing for Payment of Tuition Costs to Employees Seeking Advanced Degrees, and Requiring Prior Approval of Course Work by ~ the City Manager. Mr Ray Attachment #9 ~ The staff will recommend Council approval of the requested amendment to the Personnel Policies and Procedures Manual. ~ 10. Consideration and Appropriate Action Relating to an Agreement Between the City of Owasso and the Oklahoma District Court, Judicial District #14. Mr Ray Mr Cates Attachment #10 The staff will recommend Council approval of an agreement to continue a program wherein the City assumes jurisdiction of certain specified juvenile offenders. i~ 1 1 Owasso City Council September 3, 1996 Page 4 11. Consideration and Appropriate Action Relating to a Request to Authorize the City Attorney to File, on Behalf of the City of Owasso, a Disclaimer of Interest in Case No CJ-96-132, a Legal Action Involving the State of Oklahoma vs Osage Railroad Co, Such Action Involving Real Property Located in Osage County. Mr Cates Attachment #11 The staff will recommend that the City Council authorize the City Attorney to file a Disclaimer of Interest in the case, eliminating the City as a party to the action. 12. Report from City Manager 13. Report from City Attorney 14. Reports from City Councilors 15. Unfinished Business Owasso City Council September 3, 1996 Page 5 16. New Business 17. Consideration and Appropriate Action Relating to a Request for an Executive Session of the City Council, Such Session Required for the Discussion Relating to a Possible Litigation ~ Wherein Disclosure of Certain Facts will Impair the Ability of the Council to Conduct a Subsequent Proceeding in the Public Interest, and Authorized by 25 O.S., Section 307-B(4), the Oklahoma Open Meeting Act. Mr Ray Attachment #17 The staff will recommend Council action to enter into executive session and that the City Manager and City Attorney be invited to attend that session. ii i~ 1 18. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 20, 1996 ~ The Owasso City Council met in regular session on Tuesday, August 20, 1996 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, August 16, 1996. ITEM 1: CALL TO ORDER ^ Mayor Ewing called the meeting to order at 7:03 p.m. ITEM 2: INVOCATION The invocation was given by Rev Linzy Slayden, Pastor of Friendship Baptist Church. ' ITEM 3: FLAG SALUTE ii ii ii The Flag Salute was led by Vice Mayor Ramey. ITEM 4: ROLL CALL PRESENT ABSENT Danny Ewing, Mayor Joe Ramey, Vice Mayor Mary Lou Barnhouse, Councilor Michael Helm, Councilor Tracy Standridge, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ITEM 5: REQUEST APPROVAL OF THE MINUTES OF AUGUST 6, 1996 REGULAR MEETING AND AUGUST 15. 1996 SPECIAL MEETING Mr Ramey moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. AYE: Ramey, Barnhouse, Standridge, Helm, Ewing ~ NAY: None Motion carried 5-0. Owasso City Council ITEM 6: REQUEST APPROVAL OF THE CLAIMS. Mr Helm moved, seconded by Ms Barnhouse, that the following claims be approved as submitted: (1) General Fund $16,104.25; (2) Workers Comp Self-Ins $1,630.64; (3) Ambulance Service Fund $2,903.74; (4) City Garage $2,958.59; (5) Capital Projects Grant $17.50; (6) Payroll $114, 828.79; (7) City Garage Payroll $2,037.36. AYE: Helm, Barnhouse, Standridge, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE LEASE/PURCHASE OF A COPY MACHINE FOR THE POLICE DEPARTMENT. Chief Alexander said that the Owasso Police Department purchased a new copy machine in July 1991 utilizing athree-year lease purchase agreement. The copy use of that machine averages 10,000 copies per month. There have been many breakdowns over the last few months and the quality of the copies has deteriorated. Funds were place in the FY 96-97 budget to replace the copy machine. Several different copy machines have been placed at the Police Department for trial use for the past several months. Specifications were developed and mailed to five vendors and bids were opened on July 31st. The lowest bid received was from Western Business Products on a three-year lease purchase agreement. At the end of the three-year period, the copy machine will be owned outright without the necessity of a buy-out clause. Mayor Ewing moved, seconded by Mr Ramey, to approve a lease purchase agreement with Western Business Products for the acquisition of a Toshiba 4550 copy machine at a total monthly cost of $202 and a monthly maintenance agreement cost of $130; and authorization for payment. AYE: Ewing, Ramey, Standridge, Barnhouse, Helm NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE STREETS, WATER, SANITARY SEWER AND STORM SEWER SYSTEMS CONSTRUCTED TO SERVE BARRINGTON POINT PHASE III SUBDIVISION. Barrington Point III contains approximately 480 feet of water line, 1200 feet of sanitary sewer line, 920 feet of storm drains, and 1300 feet of streets. A final inspection of the utilities was conducted on June 25, 1996 and a punch list developed. All items on the punch list have now been completed and all permits have been obtained. The required maintenance bonds have also August 20, 1996 ~ 2 Owasso City Council been provided by the developer and will t Mr Standridge moved, seconded by Mr Ramey, sewer, storm sewer, and street systems. August 20, 1996 effective upon acceptance of the utilities. to accept the Barrington Point II water, sanitary AYE: Standridge, Ramey, Barnhouse, Helm, Ewing 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 THE ERECTION OF EQUIPMENT STORAGE BUILDINGS. BETWEEN THE CITY OF OWASSO AND LANDCO CONSTRUCTION CO. AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO THE CONTRACTOR On April 16, 1996 a contract was awarded to Landco Construction Co Inc for the construction of two separate equipment storage buildings and roof repairs on the existing street maintenance building. The contract was in the amount of $80,255.34. One storage building is located at the Sports Park for use by the Parks Department and the other is adjacent to the existing street maintenance building. All construction and repairs have been completed and final inspections conducted. A punch list was provided to the contractor, and all punch list items have been completed. The contractor chose to wait until completion of the project to submit a pay request, therefore the final pay request is for the entire amount of the contract. Mayor Ewing moved, seconded by Mr Ramey, to accept the work performed under a contract for erection of equipment storage buildings and repair of an existing building, release retainage, and authorize final payment to Landco Construction Co Inc in the amount of $80,255.34. AYE: Ewing, Ramey, Barnhouse, Standridge, Helm NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO CLOSE A PORTION OF A DRAINAGE EASEMENT LOCATED ON LOT 13. BLOCK 1, WINDSOR LAKE ADDITION The City of Owasso received a request to close a portion of a drainage easement located on Lot 13, Block 1, Windsor Lake II Addition to allow for a larger building pad area for a proposed single-family dwelling. The drainage easement was originally over-sized and a portion of the easement is no longer needed. The request was reviewed by the Technical Advisory Committee, and none of the utility providers had any concerns. The Owasso Planning Commission reviewed the request at their August 13, 1996 meeting and recommended approval. Mr Ramey moved, Owasso City Council August 20, 1996 seconded by Ms Barnhouse, to approve closing a portion of the drainage easement located on Lot 13, Block 1, Windsor Lake II Addition. AYE: Ramey, Barnhouse, Helm, Standridge, Ewing NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN AMENDMENT TO THE 1996-97 BUDGET, SUCH AMENDMENT IN THE FORM OF A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND AND CAPITAL IMPROVEMENT FUND BUDGETS . The FY 1995-96 budget included appropriations for parking lot improvements within both the Pazk Maintenance budget and Capital Improvements Fund, with the parking lots at Elm Creek Park and City Hall/Community Center identified for improvements. The projects were not completed in FY 95-96, however bids were solicited after the beginning of FY 96-97. In order to awazd contracts for these projects, it is necessary for the City Council to approve specific carry-over budget requests as supplemental appropriations to the FY 96-97 budget. Mayor Ewing moved, seconded by Mr Ramey, to approve supplemental appropriations in the amount of $16, 805 to the Pazk Maintenance Budget, $12,982 to the General Government Budget, and $12,000 to the Capital Improvements Fund, such appropriations derived from a carryover of funds from the 1995-96 budget and intended for use of pazking lots improvements. AYE: Ewing, Ramey, Barnhouse, Standridge, Helm NAY: None Motion carved 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF CONTRACTS FOR PARKING LOT IMPROVEMENTS AT ELM CREEK PARK AND CITY HALL/COMMUNITY CENTER. Specifications were developed and bid packets prepazed for improvements to the parking lots at Elm Creek Pazk and City Hall/Community Center. Bids were advertized, with six area contractors responding to the request for bids. It was determined that each parking lot improvement would be awazded separately as a cost savings measure. The lowest bidder for the City Hall/Community Center pazking lot was APAC-Oklahoma, who also submitted the lowest bid for the striping. The lowest bid for Elm Creek Park west pazking was submitted by Newman Contracting, and the lowest bid for Elm Creek Park south parking was submitted by Horizon Construction. However, Mr Wolfe of Horizon Construction stated that he could not honor the bid unless he was awarded both parking lots. He said he was not aware that each lot 4 Owasso City Council August 20, 1996 would be awarded separately, even though specific language to that effect was contained in the bid packet. Newman Contracting submitted the second low bid for the Elm Creek Park south parking lot, and the staff recommended that both Elm Creek parking lots be awarded to Newman. Mr Standridge moved, seconded by Ms Barnhouse, to award a contract to APAC- Oklahoma of Tulsa in the amount of $24,982 for improvements to the City Hall/Community Center parking lot per specifications; and to award a contract to Newman Contracting of Tulsa in the amount of $16,805 for improvement to Elm Creek parking lots per specifications; and authorization for payment. AYE: Standridge, Barnhouse, Helm, Ramey, Ewing NAY: None ^ Motion carried 5-0. ~ ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A LOT-TIE AGREEMENT ON LOTS 14 & 15 THE FAIRWAYS AT BAILEY RANCH. ^ The City of Owasso has received a lot tieing request for two lots located within The Fairways Addition (Lots 14 and 15 in Block 3). The request was made to allow for the construction of one single-family residence on the two lots. There are no utility easements along the common lot lines. The Owasso Planning Commission recommended approval of the lot tieing agreement at their August 13, 1996 meeting. Ms Barnhouse moved, seconded by Mr Helm, to approve 'r' the lot tieing agreement for Lots 14 and 15 of Block 3, The Fairways Addition to the City of Owasso. AYE: Barnhouse, Helm, Standridge, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT BETWEEN THE CITY OF OWASSO AND LODGE #149 OF THE FRATERNAL ORDER OF POLICE Contract negotiations with the FOP have been ongoing throughout the spring and summer months. Earlier in the summer, the Union declared impasse and the Union .and City agreed to mediation and a mediation session was scheduled. However, tentative agreements were reached ~ prior to the mediation session, and the Union subsequently voted to approve the contract as agreed upon. Council discussed the terms of the contract in a work session on August 15th, ' posted as a special meeting. Mayor Ewing moved, seconded by Ms Barnhouse, to approve a contract between the City of Owasso and FOP Lodge #149 for FY 1996-97, and that the Mayor be authorized to execute the document. 5 Owasso City Council August 20, 1996 AYE: Ewing, Barnhouse, Ramey, Standridge NAY: Helm Motion carried 4-1. Councilor Helm requested that the following statement be entered into the minutes of this City Council meeting: I would initially ask the indulgence on the part of you, Mayor Ewing, as well as my fellow Council Members, in affording the personal privilege of making this statement and having such entered into the minutes of the City Council meeting of the 20th day of August 1996: The topic which I desire to briefly discuss is that involving the emergency service personnel of the City of Owasso, Oklahoma. As everyone is aware, in the past few months there has been a considerable amount of negotiation between the administrative staff of the City of Owasso, Oklahoma, and representatives of the International Association of Firefighters and the Fraternal Order of Police. Additionally, in the last few months there has been considerable discussion regarding such negotiations between the administrative staff of the City of Owasso, Oklahoma and the City Council. As a result of such, to date collective bargaining agreements have been entered into between the City of Owasso, Oklahoma and the International Association of Firefighters and the Fraternal Order of Police. The purpose for my statement is not directed towards the collective bargaining process or agreements for fiscal year 96-97, but on the contrary, for what I perceive as being of importance for fiscal year 97-98. I fully recognize, understand and adhere to the obligation on the part of the City to annually negotiate in good faith with representatives of the firefighters and police officers, the objective of which being entering into a collective bargaining agreement mutually acceptable to both. Therefore, the purpose of my statement is not designed to impermissively predetermine what will be the City's inalterable parameters for future negotiations. On the contrary, my purpose is to publicly state one item that I have felt, and continue to feel, is of critical importance to the fiscal integrity of the City of Owasso, Oklahoma. I am sure that it comes as no surprise that I have had, and continue to have, great difficulty with the language in both contracts whereby certain days off are considered as hours worked for purposes of overtime compensation calculation. I have been advised by the City Attorney that legally, under the Fair Labor Standards Act, such treatment is not required by federal law. Furthermore, I am advised by the administrative staff of this city that such treatment is not only inconsistent with prevailing practices in both private as well as public sector contracts, but more importantly, is monetarily extremely costly to the citizens of the City of Owasso, Oklahoma. Recognition of these factors leaves me no alternative but to publicly state that it is my desire as a member of the City Council of the City of Owasso, Oklahoma, whether it be next fiscal year or a succeeding fiscal year, that the administrative staff, in good faith bargaining, diligently endeavor to eliminate from the collective bargaining agreements what I feel is this legally and fiscally unwarranted provision. 6 Owasso City Council August 20, 1996 Additionally, I wish at this time to apprize members of the City Council of the City of Owasso, Oklahoma, as well as the citizenry thereof, that in conversations with the City Manager I have let it be known that I am of the opinion that the time is now for the City of Owasso, Oklahoma to implement random drug testing in the emergency services departments of the City as is currently in place in a vast number of municipalities across these United States. I fully recognize that the adoption and implementation of a random drug testing policy for the fire and police departments as a result of the Fire and Police Arbitration Act, requires adherence to certain processes. With such in mind, I have requested of the City Manager, with the assistance of the Personnel Officer and the City Attorney, to proceed with such processes to seek implementation of random drug testing of the firefighters and police officers within the next 90 to 120 days. I propose this not with any personal animosity towards any member of our excellent ambulance, fire and police services. On the contrary, I propose it from the standpoint of an obligation to the citizens of the City of Owasso, Oklahoma, to assure at all times provision of well trained and well disciplined firefighters and police officers possessing the highest of ethical and legal standards. Thank you. ITEM 15: REPORT FROM CITY MANAGER No report. ITEM 16: REPORT FROM CITY ATTORNEY No report. ITEM 17: REPORT FROM CITY COUNCILORS Councilor Helm requested that the following statement be entered into the minutes of this City Council meeting: Mayor Ewing and Fellow Council Members: I again ask your indulgence in affording me a personal privilege to make this statement and enter such into the minutes of the City Council meeting of the 20th day of August 1996, which I, after much consideration and reflection, feel personally compelled to make. ' Now that we have concluded with the transactions associated with the acquisition of the Bailey Golf Ranch by the City of Owasso and the funding of such acquisition by the issuance of Revenue Bonds by the Owasso Public Works Authority, I feel it necessary, for the benefit ' of the citizens of Owasso today, as well as the citizens of Owasso tomorrow, to briefly reflect upon what I personally perceived as the guiding principle which necessitated the action taken by 7 Owasso City Council August 20, 1996 this body in terms of the acquisition of the Bailey Golf Ranch, as well as issuance of the Owasso Public Works Authority Revenue Bonds. Initially, I, like many others in this community, felt compelled to exhaustively examine the operation of the Bailey Golf Ranch to make a determination of where fault for the problems associated with the Bailey Golf Ranch laid. Also, I, as well as many others in this community, felt a need to not only determine where such fault laid, but also to affix the blame to the individual or individuals responsible for the problems associated with the Bailey Golf Ranch operation. Not unlike other members of this community, I then, as well as now, harbored a great deal of hesitancy in supporting what has been perceived and characterized as an "unwarranted bail-out" of a mismanaged enterprise. However, Mr Mayor, fellow Council Members and fellow citizens, regardless of my own personal feelings as such relates to what I believe constituted managerial irresponsibility, Inevertheless soon realized that my focus of necessity must be broadened beyond the scope of attributing blame to a more important scope, and that was what was in the best interest of the citizens of the City of Owasso, Oklahoma. After much analysis, consideration and reflection, I soon came to realize that my own personal opinion as relates to the cause of the operational difficulties of the Bailey Golf Ranch must be put aside for the sake of the betterment of this community. Only after considerable thought and soul searching did I realize that attributing blame for the operational difficulties associated with the Bailey Golf Ranch served nothing more than to jeopardize the betterment of this community. With such in mind and after lengthy deliberation, I, as well as my colleagues I feel safe to say, determined that the betterment of the community warranted taking whatever lawful and reasonable steps could be taken to assure the preservation of a valuable asset to this community which I feel ultimately Bailey Golf Ranch will prove to be. Of equal, if not greater importance, however, is my commitment to the proposition that the actions taken by this body in its capacity as City Council, and well as Trustees of the Owasso Public Works Authority and Trustees of the Owasso Public Golf Authority were necessitated by what I am convinced was the unquestionable need to preserve the economic and moral integrity of the City of Owasso, Oklahoma. In conclusion, Mr Mayor and fellow Council Members, I thank you for your indulgence in affording me this personal privilege so that there can be no question in any person's mind as to what I, as well as my fellow colleagues I am sure, labored with and were motivated by in the making of the decisions which brought about the actions associated with this transaction. Thank you. In another City Councilor report, Mayor Ewing extended congratulations to Chief Mechanic Jeff Moody upon his recent completion of certification in several areas of Automotive Service Excellence. 8 t ii Owasso City Council August 20, 1996 ITEM 18: UNFINISHED BUSINESS None. ITEM 19: NEW BUSINESS A citizen requested an explanation regarding a materialman's lien filed against the city. Mr Cates explained that a contractor doing some work for the city has not paid his sub-contractors, therefore one of them filed the lien. Since a materialman's lien cannot be filed against public land or improvements, Mr Cates will request that the lien be released. Councilor Standridge asked if there could be some traffic control on 86th street when the high school traffic is heavy. This situation was referred to Mr Carr. ITEM 20: ADJOURNMENT Mr Ramey moved, seconded by Ms Barnhouse, to adjourn. AYE: Ramey, Barnhouse, Helm, Standridge, Ewing NAY: None Motion carried 5-0, and the meeting was adjourned at 7:30 p. m. Danny Ewing, Mayor I~ Marcia Boutwell, City Clerk 9 f'rT', nr nT~ta.~,~=r~ f;RiTFF..d:T. Ft?iTn g/'~0/9f, fi'17'1f, A/P ('T.ATM~ RT;PtlT?T A.PAPVR ^A^. P(l # VT=idllftR T1T?~f'RTPTTf7it AMt1TTNT ---------- ------------------------- ------------------------- ------------- 97(14?5 RF.TTY ,T Mf'rTTTRF. Tlt?PARTMF.NT Tf1TAT. ____'~ MANAf;F.RTAT. ------------------------------ 970;~Of, ('TTY AARAf;F. 9704fi4 TRT?A.r,TTRFR PETTY ('Ar,H 9704fi4 TRRAStiRRR PT=.TTY f'AfiH 970484 TRRA.r,1TRF.R PETTY f'ARH 970`OF, Mt'T TF.T.F.('f1MM[li7T('ATT(li7R 97050fi fif fT)THWT;STF.R.N RT?i.T. TF.T.F. 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SRRVTC'R~ ------------------------------ ~ 97nnn9 f;T.(1!'T{ TNf' TRA TPTTNf; f'T.F.Vi;T.AN17/FT)WART) 1 1 n _ nn 97nn11 T..F._T_Td_ PIIRRC`P.7PTTflid ~T~g_nn ~' 97nn?? MF.RTTITAN PT.A7.A NC}TRT. MT;Ai.F/T?ARF. TRATNTN~ 1 {?_4? 97n1 9? Nf1VA C'(1NFF.RFTdC:T? P.T?C;T.r,TRATTf7N 1 5n _ nn 97n'~OF, f'TTY f;ARAt;F. RFPATRP Rt9n 74/,_4/, 97nR77 T1_A_R,F._ AMF.RTf:A TF.Af'HTTdf; FTTPPI.ThS !9.55 ~ 97n41 9 TTTRTdT{RY ~TfIRAt;R RTTdG 51 _7.~i 97n4?A F.TR f'(IMMTT1ti~Tf'ATTCINF RFPATR f'AMf`C1P.1?FR .~n_nn 97n4~9 T1AY TTMRRS TNC'_ IIFFTt'F PTTPPT.TF.S ?4_qn 97n44n PATRtIt. TF('HNT1T.f}C;Y TTTdTFC)RMP/Ff?TTTPMF.NT ?4q_:~n 97n445 TTTXAT.T. TTNTFCTRM ~ FflTTTP TTTdTFCTRM~iFC?TTTPMRNT h`.9n 47Q445 TTTX.AT.T. TTNTFTIRM R• F(7TTTP VT=HTC:T.F. FnTTTPMF.NT 5n^.4? ~ 97n45r4 ANC:HfIR PATNT TNTFRTC]R PA TNT ?5_qn 971145 7 fit1T.TC:F PETTY C'ARH TRAVF.T. F.XPFidSF-VARTt1TTP F,5. 1 Ft 97n457 P(TT.Tf'F. PETTY f'ARH RFTMT~ PETTY f'APH ,~_/,5 97n4.~i7 PCIT.TC'F PETTY f:A~H MF.F.TTNfi F.XP-PF.FR Rf1ARTl 19.51 ~ 97n4l,? PHTT.T.TPF PTII.TC'F F.nITTP TTTdTF(?RM TZTTPPT.TF.^-, ?'~_qn 97n491 RART)Tl'. (":ARFF.T f'T.F.ANTTdf; f'ARPF.T f'T.FANTNf; 51 _5n 97n494 MArTX f'f1MPTTTFR PRfiT?T)t'T:= t'TITAPTTTRR RFPATR PARTfi 9!, nn ' 97n495 .T _ i._ i.AWfif1N RF.PT.Af'E RfITITP _ g7. 1 g 97n5n5 ilT{T.AHtIMA NATTIRAT. f;Afi R/9,4 iI~F 41 _ 1 F, 97n5nF, MC'T TF.T.F.C'iTMMTTNTC:ATTtTNfi !?/9E TifiT? RF,_!~4 (• 97n5n7 PPfI 7/9h TIFF. 7n/,_9n 97n5nl~ fit1TTTHWF.GTF.RN RF.T.T. TF.T.F. A.~9f PT.F.XAR 7~~_~q 97n5n9 STItTTHWFfiTF.RN RF.I.T. TF.T.F Rf9,4 NT1N-PT.RXAP. .gq_{T7 97n511 ATSGT WTRFT.F..rr, fiF.RVTf'F.R R/9F, PAf;Tidf; SF'I?VTC'F. 84.95 TIRPARTMF.NT Tt1TAT, ____? 4~nR9.19 ~, Pt1i.Tf'E C`tIMM[iNT('ATTf1Nfi ------------------------------ r 97nRn9 AT.T. ('T1PY RIIPPT.TF.r, PRTNTF.R. RFPATR ?75_nn 97n4?7 H(1WAR11 RTAMPF.R REPF.ATFR RFPATR !~1 ,nn T1F,PARTMF.NT Tf7TAT, ____} '~5l, nn ' A1dTMAT. ('TINTR(1T. ------------------------------ f T T ~' rip f't'! 4 `._; =;f f~FP:FRA.T. FTiP7T7 fi/8n!4F. fi~1?'1:5 Ap ~.T.ATT~1!= RF1~f1~~T AFAPUR PAC;F' FCf # VT?NT7fiR T~F.RC'RTPTTC)N AMCIITNT ---------- ------------------------- ------------------------- ------------- 4?n41~, RC1C;F.R vn~ TN~;TAT.T. ~;Tf;Pt ?rt.nn 4?n4~? Pf1T.TC'F FFTTY CASH FTTTHANA.^-,TA^-,RRVTf'F.S ?n _ nn 4?Ct4~? PCTT.T['T? ?FTTY T'A.r,H RF.TMR T'FTTY C'AFH F,_?? 4? n`n? PRCl 7/9h TTSF 1 54 _ F,4 4?8`,Ctfi RCTTTTHW?;RTF.RN RRT.t. TF.T.F. fi/4F, PT.F.XAR. ?8.48 9?n~11 AT~T WTRRt.F.tiR ST=RVTC'F.R fi/4f, PAf;TPif; fiFRVTC'R h_45 T'tFFAR.TMFNT TCTTAT. ____} ?8?,.?4 FTR.F. SRR.VTC'RR ------------------------------ 4?n14R F.VF. TNf:_ C'T.RANTNt; SiT?PT.TF.fi 175.8(1 4?n??h WAT.-MART CiFFTC'F. F.t7TTTP 11n.~ifi 4?n??fi t{TMRAT.T. Af:R NARnWARF RFFATR!MATNT RTTPPT.TRS 18fi_'?7 9?n?fit Vf1T.tTNTF.F.R. VCiI.TTNTF.FR FTRF. RTTN~ 887 _ nn 47nR?,4 CTWARRCI TTRF RARN VT=HTC'T.F. TNfiPRf'TTC]Nfi ?5_nn 4?n841 TPTi}F.RT=NT3rNT TF~,TTNt=, T.ARfi i.ATlT?FR TRRTTNC; R4~_Rtl 47n4fi4 TRT;APTTRFR PRTTY f'AfiH RF.TMR FFTTY C'ARN 8_?; 4?n5n5 f1HI.AHTIMA NATTIRAT. rAS fiJ9l, TTRF. 54_?n 4?n5(1f, MC'T TRT.T;C'CfMMTTNTC'ATTf1NR fi/45 ITRR ?R_7? 4?n5n? FfiCT 7/4F, TTRF. fi19,11, 4?n5nfi ~CiT1THWFPTF.RN RF.T.T. TFT.F. fi/4!, RT.F.XAR t4fi.?8 4?n51 t AT~T WTRFi.F,R~ RF,RVTC'FR fi/4f, PAC;TNR RT;RVTf:F. 47.1,n T}F.RARTMFNT TCITAT. ____} ?F?n4.14 C:TVTT. T1FFF.N~F. ------------------------------ 9?n4?? fiTANTlART1 A[ITC! Rt1PRT.Y RATTRRTEfi-FMRR RTRFN ?n9.4n 4?CtSn? Pfif- 7/4f, TTRR 1+4.14 47n5nfi R(1[TTHWFfiTFRN RF.T.T. TFT.R R/4f, PT.F.XAR ?4_Rf, 4?n5n4 SCITTTHWF.RTF.RH RF.T.T, TF.T.R 8/91, NCTN-PT.F.XAR 5n.?? T)F.PARTMF.NT TCTTAT. ____} 849.1? RTRF.F.TR 9?nn5fi RRTTRHHCTC; ~FRVTC'F.S MC1W T.AT{FRTT]rF '~/14/9F, 45n,tln 47nn54 P.RITSHHCIC; SF.RVTC'F.R MC1W '~-T,AT{F.S R11419F, 5nn,nQ 47nnh8 T7[TT}T.RY ,Tf7ttRfi MCTW F.T. RTCf 8119!4,5 ?4 _ nn 4?~n1,4 T)TTT)T.F.Y ,Tf1NF.R MiIW F.ARF.MF.NTR 8114/4~, ~i?.nn 47nn,55 1}il1}T.F.Y ,T(1NT3c MC1W ATC1R 8/14/41, ?4.nn 4?nnn~ nrrnT.F.v ,TCINF.R F,T. R.Tf1 FRCINTAC;F. 8l14!4F, 184_nn h t;FAIFRAT. FTTNT'T Q/;0!9h S~i' 1 "' 1 n A /P f'.T.A TM.^-, P'FFCYRT APAPVR PA~~R' P(i # VF.NT'1f1R T1Ffi~:RTPTTC1Td AMCITTNT ---------- ------------------------- ------------------------- ------------- r ~ 9?0:~0r, C'TTY ~,ARAC;F. RF.PATRfi 819,4 fi,44_A7 9?0:;?,? KTT*ifiAT.T. A!'T? NARTiWAP.R MATTdT/RRPATR PTTPFT.TFR ?9,4_fJ9 9?0405 f,RT;F.Td f'f1TTPdTRY t]TTTT)~fIR T?nTT !'TiATNfiAW A??_9F 970405 (;RT;FTi f'flTIT3TF.Y CiTTTT?f1fMR Ff7Ti C'tIT-fiFF SAW ?R(1_;~(i 97(141 4 PRfI PATC`Ti PfTTTiff1.F RF.PATRR '50.00 y 9?04?9 ST~NAT.TF.K TNt' TRAFFTf' ('f1NTRflT. MATTiT 498_?~ 970505 nKT.AHCIMA NATTTRAT. C;Afi R!9h itfiF. ?0.87 97050? P.^,t7 7/9r, T1fiR Rh?,P{1 9?0508 fif1TTTTiWF.fiTF.RN RF.T.T. TF.i.F 819,4 PT.RXAR ?'~ _ 9R 970511 AT&T WTRF.T.F.Rfi fiRR.VTf'.F..^S :R/9r', PAf;TTi(; SF.RVTC'F ?0_f25 T7F.PARTMF.TiT Tt7TAT. ____} 4_?_~(s_?? f'nMMTTTtTTY f'F.iiTFR ------------------------------ 9?04'?1 f1FFTt'R MAX fIFFTC'F RTiPPT.TRfi ??_99 970505 f1KT.AHt1MA NATTTRAT. f;Ac R19f: TTfiR 5?_45 97050n Ml'T TF.T.F.t'f1MMTTNTC'ATTf1Nfi ~{/9r', t1fiF .'~1 970507 Pfi(1 ?/9f, TTfiF. 1 _ ?7P _ 1,.4 9?050th Rf1TTTKWF..^,TFRN RRT.T. TFT.F P/9r. PT.F.XAR 149_ri? T)F,PARTMFTiT T(1TAT. ____} 1.50~t_90 PARK MATNTFNANC'F. ------------------------------ 9?080,4 1'TTY rARArR RF.PATRR R/9h ??_'~4 9?04;4 MTRAC'T.R R.F.f~RRATTCIN F.nTTTP RT.FAC'KF.RS-RPfIRTRPARK 11f~;R_R4 970448 f:HANTIT.FR MATFRTAT.fi t'(1NC'RF.TF. PTPF. iR9.ry0 970444 RATT.T;Y RCiITTPMF.NT WF.F.I7F.ATF.RIF.I7AF.R PARTR ?8.7+5 970479 ATi(':Ti(lR ST(lNF ('Tl R.(1C:K-SPtIRTfi PARK ?55.1 r4 9704?9 ANf'Hf1P. fiTf1NT? f'fl RTIf'K-SPf1RTS PARK 1 ? _ 1,R 9?048? ARi.EY (1WF.NS M(1W AT(1R 80.00 97048? ART.F.Y t1WF.NR MC1W F.T,M f'RF.F.K ?85.00 970507 Pfifl 7/9F, TifiF 1 _ 0?9 _ f,R 970511 AT£T WTRF.T.F,RR SF.RVTC'F.S R/91, PAf;TNR fiARVTC'T? 18.90 nFPARTMFNT TIITAT. ____} R.f,9?_57 FiiNT) T(1TAT. ____} ?F,T99?,?1 1 Wf1RTfFRfi' ~'iIMP .^-.R?.F-TPdP T'T APd .'?;'?(1/9~. P' 17' 1 !, A /T} ('T.ATMfi RFT'(1RT kT3A13VR fiA ;T; F(l # VRNT1~lR nFR('RTPTTt1N AMiltTNT ---------- ------------------------- ------------------------- ------------- ~;FNFRAT. ~;C1VT;RidMT=NT ------------------------------ 97(11 94 T]R STANT.FY RMTTH t; HAT.F.Y %!?1 !9n '~~ _44 97Ct~RR WtIA.KMFi) T T(1WNfiF.NT) I,/?7/9f~ iF~_Rft 97t1'~f,/, WARREN t'T.TNT(' T)AVTn WARREN 411R/9F. 7t1_tlCt 97f1'~!?1 f-WAS^Cl T1R[Tf; (; HAT.F.Y 7/!=t/9F, f~P_79 97f1RR1 (IWA~S(l nRtTf; C; HAT.FY 7/f~/9,~ 1 C1?. ;9 9?(144? ST_ .TC1HN'~ MF.nTf'AT. f'F,NTF.R M f;TfiT.F.Y ?/5/9F, 114_R@ 1•~EFARTMF.NT TCiTAT. ____: 4(l/,.7? 1 FTTNT) TCiTAT, ____) 4(lf:_7? AMRtTT.AhTf'.T; SF.T?VT~:T; F??Nr] ~tlR~!!4'f 4' 1?' 1 t A!P f'T.ATM~; PT;Pf1RT APAPVR PA!;T= _ Ptl # VF.NTZElT; T}RR('RTPTTi1N AMt1TTNT ---------- ------------------------- ------------------------- ------------- AMRTTT.ANf'F. ------------------------------ ~ ~ 9?fi14? T=.VR TNC'_ f'T.F.ANTNf; fiTTPPT.TT;R 4R_~t! 9?(1??7 PAf:F. PRtl13ITC'TR (1F TTTT.RA T1i AMR[TT.ANf'F. fi(iPPT,TF.R Rq . ~~ 970841 AT.T.TANf'F. MF.T)Tf'A1.~ TNC'_ AMRTTT.ANt'F fiTTPPT.TFR 51p.55 17T?PARTMT?NT T(1TAT, ...=3 f+RS r 1 5 FTTNTI TC)TAT, _.__) f,'~5~1~ t:TTY nF n:~lA~Fn ('TTY f;ARAf;F A/P C'.i.ATM^ fiFPnRT AFAPVR PAC;R' 1? Pn # VRNT1nR 17F.Rf'RTPTTnN AMnTT1dT ---------- ------------------------- ------------------------- ------------- ('TTY f;ARAf;F. ------------------------------ 9701 f1R AT.T.TF.n Tf1WTNf; TnWTTdf; SRRVTf'R-T.n11Ai. x,0.00 970?55 WF.T.Rf'n TTdf' f`YT.TNTIF.R RF.NTAT. 1 1 R _?R 970?R7 r.Rnw RTTRT.TN(;AMF. RFPATR RTiPPT.TF.S 87.17 97A?R7 f`RnW RtIRT.TNf=,AMF RFPATR RtTPPT.TF.fi ?_70 97(1?R7 f`Rt1W RtIA.T.TNf;AMF. RFPATR PARTR 800. 1 fl 970?f~7 C'RnW RQRT.TNf;AMF. MATT. TnnT.R 99.95 97(1?90 T1dTRRSTATF. RATTF.A.V RYfiTF.M RATTFRTF.fi 110.9(1 970ROF, (`TTY ~ARAf;F RF.PATRR 8/9+4 15.9A 97041' f;ARY nRR RT1Tt.T1TNf; RFMnT1RT. ?f~0.00. 97(!417 AMF,RTt":A17 TRtiC'K RAT,VAf;F. FTRF. F.N~TNF. HtIR 95.00 97(14?0 WAT.-MART RMAI.T. TnnT.R 78.79 9704?0 WAT,-MART nFFTf'F. fit1PPt.TFR 11 ,94 97(14?1 nFFTf'F MAX TART.F 79.99 9704.5? YAT.F iINTFt1RM RFNTAT, tTNTFf1RM f'T.F.ANlRF.NT ?R_f0 9704f,F, nWA~Rn TTRF. BARN TTRRR/RFPATRR 554_ft0 9704h7 KTMRAI.T. Af"F. HART)WARF. RF.PATR!MATNT RTTPPT.TF.R RO_!3? 970470 RT[; "A" ATTTn PART, TTTI.fiA RFPATR PART 89.79 97(147? TkW TTA.F. f`n TTRF^-,-T.nnA1. R?9.54 970478 FRTf`TTnN PRnTI RRAKF RRAKF RFPATR PARTfi ?00.90 971147E .TERRY WnnT1.+', WF1.T1TNf; RFPATR RATWTTdt; MnWF.R ?5.00 970489 MTTIWFSTF,RN F.f1TITP rn f:nMPRF.F.rnR PARTr, 1??_:~` 970490 F.NT.nW FnRTI TRAf:TnR= TTdf' PARTR-fiATWTNf; S?.4:? 970505 nKT.AHnMA NATtTRAT. f;AR Rl9f, tTSF RR_?4 97050(, Mf'T TFT.Ff'.nMMTiNTf:ATTnN.^, ~ti9~, TTfiF 5_nR 970507 PSn 7/9~ t1~R 1.,7_?7 970508 Rf1tiTHWFFTFRN fiRl.t. TFT.R R!9/, PT,FXAR 4P_79 970511 AT°rT WTT~FT.F.S~ SRRVTf`T?F Rt9,i PAi;TTd~; SFR`rT('F. F,.95 I1F,PARTMF.NT TfiTAT. ____} 8.511.74 FTTNT] TCMTAI. ____} Rz511.74 C:APTTAT. ThiPRfiVR?!TT??dT^. P?"?n.-"~.~ :~t' 1 ?' 1 ,~, •A la ('.i.A TRTP RFPnuT APAP~JP PAf;F' P(l # VF.Nn(1R T)F~!'RTPTT(')N AN(-1iTNT ---------- ------------------------- ------------------------- ------------- r,FNFRAi, rf1VF,RNhtFNT ------------------------------ 9?n4F,7 kTMRAT.T, Af'.F NAP.T~WARF RFMCfT)F.T.-MATFRTAi.^ 151 .1f T)RPARTMF.NT Tt1TAT. ____? 151 _1r`, PTRF.F.TR ` 97n:~9? PF.PPT C':t1T.A f'fIMPANY T)T?PARTMF.NT TTITAT. ____~ FTTNT7 Tf1TAi, _ _ _ _ } ~T[~?d-PRI~~RT?^F A~ PRtIMTSFT? ?,in _ nn ?~,n _ nt~ 411 _1F, 1 rTTV f7T= ~,~:~A~=,=,, !~APTTAT. PRt1,TF~:T~ (;RAhTT ~; RCi !4~ R • 1"• ? ,5 A iT' C'T.k7?.G RT?T~r1RT AF`dP'?R F~A~;*-' Pf1 # VF.PdT)f1R. TIFS~:RTT'TT~'!AI AMC~TTTdT ---------- ------------------------- ------------------------- ------------- !":T'7Rf;-FT',TF. PRF.f'TfiTCIN PRt1,TRC:T ------------------------------ 4'?~4?P TN~tlt~ TIF.RARTMF.HT Tf1TAT. ____) FiTNT`i TCiTA1, ____} ~;RAN>7 TfiTAT. ____~ Al1MT?d ~FRL Tt'T; ?!T _?~l it _ 94 ?i!_94 1 ~'~_ ;~7_?4 i~ cITY of owASSo A/P TRANSFER REPORT VENDOR TRANSFERS CITY GARAGE WORKER'S COMP SELF-INS GENERAL FUND GENERAL FUND TRANSFERS TOTAL DESCRIPTION AMOUNT TRANSFER FROM GENERAL FUND 2,333,33 TRANSFER FROM GENERAL FUND 8,845,83 TRANSFER FROM AMBULANCE FUND 13,825.00 TRANSFER FROM E-911 FUND 1,443.75 27,447.91 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/17/96 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES {{~~........ ++//yy. ~~. F ~;7pyFf Fj ~ rf. :::: Finance 0.00 7,954.54 ?1.~~•~~n~iy ~~v~~l~~}J,Lx~AS~ k s'u'%/i h::s.F~f ~xS J,•ttti y:~ ac f~dl ~~:.'~~,a~' ~`,' ~.~klkss ..., < ,.... ,o MunicitF~~al Court ~ . > 0.00 1,481.39 ..^s:.»>:.• ?y?r,;/.`::; `:2:;•::..,.:..y~ .::~i~U:<'..... . ......................... ..:., ::: r..: •::::::.,•::::.. ~'~y, ~y~ ..f .:::::.:::::: •.::. 7!~'~! rf..:::.+..:::::: 4::: :: ~; }' .. 2.:::.:::•:L'J. ~:::. :::::..'::.: ::.~'•...w:.h.~..xxn:!~4\in:~i.:tt$~H%iC.S$):):~::w:\'4v:•. .rs<aew.:,.,w ,•`•ah:H..;.u ~i::.:.::•:: •:. ~ 5.::+i SF '~:~.•::n:.iv~in'vwV'.:U' q.yf:r..,a:.y... f w . 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' •.4,:. •:?'~`• r,^~, '•• •...... .,. ...: ': ~h5•:l ~ jj ''+`•i Fire 840.96 32,331.33 i:?..:: nf'vn y{G.;.;:iJJ~S},?,J,~2? ::. ~i•!:::; :ti f;tfJ~J +wrr•..rf,.^:,~.{Svv...55 ••; v: +;5 .; f {F.:iii :4i'v:i'S5:'y :+..'fi'S~ ' . yJ:::}'<iiiii i!r• /r{{:: r:::::v5:•5:• .,4i}•:~{ {;}•:Y,:+. i54 2~v 1~+1,Ykiti rNl~ '. O.}•{;. •: v.:'w.. /%fir.'.r •' f is iiii:>:~~f• .•~•~:•, :. ':::. :•lhAt3a`7.2;:`",~`•:•ti.`1.1~x•.s::.•Ch:4Y:S.'',t,:kk~~^'uixASF•.,•5::;~:;:i2?;ax::l:i:i:St :::'t~~~:.'t}/•v.,:. ~':•' {' ~.+~C~•~ : ~::1 ~ }:;: .,':,''<:w\ ' ..,:~' • /.fR•:.1.... •:v Community-Senior Center 0.00 2,706.14 ^ '4~,r.;r..::,rr{r~/~'•~.: rm.' .~4~si. 7 Y`?~`•`••:~Y.:: •: :R:4y'?•iii•.:}•~...•.•i,'x•.rn'.•:.'.::vi::ti.+.k•,'<•:•~ir/' ~..Y:Lti .•: ., }iw;{i,Y,.•,•+.~i{\;5 '.ih: i`. iC:'+! '•SA:2i: '~ 2: • :~ ~~`:v:::. :r.?~. +.^,. i'' ;'• :: }i.•J\2. •• 'S' 3'aiafa2't~ o'ww' :J?: ~`2?7;: ~ }"v ,: M1`: '~:•: r {{ll.. /r' is p 2 3' ~wv , ., 4Mx:vi::vn:: ,~•:..a Economic Development : . 0.00 ..,~ 1408.25 .. ...... ..5 .:,:.::.:. ....' .. ..:: .; . v APPROVE 09/03/96 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/17/96 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Garage $0.00 $2,037.36 ff,.llf.5~l:•!>TYR: ¢*:PiPY:,4;fCG:,%fiG4' f~ ,r.~:fyJ //lf.;'£,r:;ir{q:;:y:;; FFf ?%f.!4iii:`•j~.i'f.~'~::?:f,Fl.:q%:;r? ... ~ .: .:;.; ~ :Y,kF•~~~~p r ~~y .:::f it i.:•,4) •. 7 r :•: ~ 1::•i:•ii:• .} frt. F,.$;:$,:;L: •v,{SY, ~.•r•i.: i'/rr~~ ,.,r+f~ L $i::•rr~ i~~:yiii:: :.t. ~. ..; .. y.~..,.; : APPROVE 09/03/96 Mayor Council Member ` Council Member MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 528 DATE: August 27, 1996 BACKGROUND: At the August 20, 1996 meeting, the Owasso City Council approved a request to close a portion of a drainage easement located on Lot 13, Block 1, Windsor Lake II. Attached is a copy of Ordinance No. 528 which formally adopts the City Council's action of August 20, 1996. RECOlVIlVIENDATION: Staff recommends Council approval of Ordinance No. 528. ATTACHMENTS: 1. Ordinance No. 528 2. Subject Map CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 528 AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF A DRAINAGE EASEMENT LOCATED WITHIN LOT THIRTEEN (13), BLOCK ONE (1), WINDSOR LAKE II ADDITION, AN ADDITION TO THE CTTY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAIIVING 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 drainage easement, and WHEREAS, said drainage easement is described as follows: Commencing at a point 62.97 feet east of the southwest corner of Lot 13, Block 1, Windsor Lake II Addition, thence northeasterly along the east side of the existing drainage easement to the north line of Lot 13, thence westerly along said line 33 feet, thence south to the point of beginning, located within the City of Owasso, Tulsa County, State of Oklahoma; and WHEREAS, pursuant to Title 11, 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 drainage 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 drainage easement have waived their objections to the closure of said easement, if any. NOW THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. That the following described drainage easement, be, and the same is hereby closed to the public use, to-wit: Comminging at a point 62.97 feet east of the southwest corner of Lot 13, Block 1, Windsor Lake II Addition, thence northeasterly along the east side of the existing drainage easement to the north line of Lot 13, thence westerly along said line 33 feet, thence south to the point of beginning, located within the City of Owasso, Tulsa County, State of Oklahoma. SECTION 2. That 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 executed by the owners thereof. SECTTON 3. That all ordinances or parts of ordinances in conflict herewith be, and the same hereby are, expressly repealed. PASSED, APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma this 3rd day of September, 1996. (SEAL) ATTEST: Danny Ewing, Mayor Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney O = 134.76 ~ ~~~ ~ 2.79 131.00 MQI 78° ~ 50 p ~ ~ ~ ~ R=25' ' ~ s2 ~ E. 93RD ~T. NORTE O l w •- •~ ~--~s.2 N 89°48'24" W ~~ ~ ~ 84.74 100.00 O ~° 5 S9 ~` 15'UE I `^ X66 21.03 30' B Z t~ ao I LDG L 4 I '` 1' (EA. SIDE) c,~.¢ .- 00 ~ I ^~ N ~- 7 .- ao a Fj~ 'cD W ~ ~ ~ ~t ~ 10 U/E / ~ z ~. 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SIDE 3 ~ I DRAINAGE ,~ u~ ~ o ESMT 2 0 0 ` ~ ~ ~ 30' B ly 0\ ~~ M 00 roe ss ~` ~ ~ , 0 8 54.15 1 M;~ ~ ~- ~~ s s 4 ~ J~~ oo E. 92ND ~ Fj N s '` ~ o i p N ~ ~ ?y ~ ^ `O i~pJv 00 N 89° 8'2~ ~ I ~ ~ Q' p 69.51 3 ~ ~ ~. f~0~1~lD~ T~ B~ LIOSE ~ `~ ~ ~ 30' B/L 3 N 55'21" W ao Z ~,., -~ NI s2.s~ 176.52 ~ M ~ ~ m '~ N 176.52 f, ~~,o ~I (~ r ~ N 89'S5'2~~ w 5 00 ~ 119.51 cn ~ °• w I 43.50 I ~ 189.51 °~ N 40"' 11.36` E N 50'4' W o .-~ J 15' U E I ~ ~ 6.60 ' / I co 32.48 ~ ~ N 3'54'31' E o' u/E i ~ ~~ , 15' U E w 20' U/E I ~ ~ 1 .- d° I w ~ ~ ~ ~ 10' U/E l Ir I ~~ • 44. • ~ ~N 19'04'44" MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: ORDINANCE #529 WATER RATE INCREASES DATE: August 27, 1996 BACKGROUND: The City of Tulsa has notified the City of Owasso of an impending change in the water rates it charges its master meter customers. Effective October 1, 1996, there will be an increase of thirteen cents per one thousand gallons of water purchased. That increase was adopted by both the Tulsa Utility Authority and the Tulsa City Council. This increase is the second such rate increase in the past five years to its municipal customers, and represents an attempt by Tulsa to earmark funds to upgrade its Mohawk treatment plant and accomplish other capital projects. The increase is based on a "cost of services" review of customers classifications and is in keeping with a 1989 study that established that method of setting rates as one that was more equitable to all customers. Prior to 1991, the City of Tulsa focused its rate increases on its high volume municipal customers and did not impose increases on its Tulsa residents. Since 1991, however, the City has implemented a "cost of services" rate philosophy. The result was that Owasso and other municipal customers had no rate increases in 1992, 1993, & 1994, while Tulsa resident rates were increased significantly. In 1995, Tulsa implemented an aggressive program to update its treatment facilities and increased rates to both residents and its municipal customers. An increase of thirteen cents per thousand gallons of water purchased was anticipated in the 1996-97 OPWA Operating Budget (see page 9 of the budget). Therefore, should the Trustees accept the staff recommendation, no changes are required to the budget document. PROPOSED RATE CHANGES: Based on a staff review of the financial impact of the Tulsa rate increase and an analysis of the ~ financial position of the OPWA (conducted during the budget process), the staff position is that only apass-through rate increase is needed at this time. An increase of thirteen cents per thousand gallons of water purchased equates to a 4.5 % rate adjustment to our customers. The table below shows the current rate and the proposed rates with the thirteen cent increase. WATER RATE INCREASES AUGUST 27, 1996 PAGE 2 PROPOSED CURRENT EACH PROPOSED EACH TYPE OF CURRENT NEW ADDITIONAL ADDITIONAL CUSTOMER BASE RATE BASE RATE 1000 GALLONS 1000 GALLONS In-City 7.17 7.30 2.79 2.92 Rural 11.54 11.54 4.68 4.68 NOTE: City ordinance provides fora 20% discount for low income families who meet an established criteria. Such discounts are not affected by this resolution. NOTE: In 1993, the OPWA Trustees adopted a policy of a "phased in" program to equalize the rate difference between "in city" and "rural" customers. The program is based on a concept that recognizes that the city no longer utilizes property taxes on only those homes inside the city limits to fund water improvements. Therefore, a rate structure that is truly representative of a "cost of services" philosophy may have some slight difference in rates (because it is more costly to deliver services to customers in a rural, less densely populated area), but that difference should be based on a rational consistent with an objective formula and consistent with how we demand Tulsa treats us as a customer. Thus the proposed ordinance does not "pass on" to our rural customers the rate increase from Tulsa. If approved, the ordinance will maintain rural rates at their current level and thereby reduce the amount of difference between the two rates. The current rate structure has "rural" customers paying 67.74 % more than "in-city" customers. The new rate structure will reduce that difference and require the rural customer to pay only 62.39 % more than the "in-city" rate. The reduction of 5 % in the difference between the rates is the largest reduction since the equalization program was initiated. The staff evaluation of this action concludes that it will not negatively impact the OPWA Fund or the Public Works Department's ability to provide services. CUSTOMER IMPACT: The cost of the requested rate increase to the average customer is estimated to be $10.92 per year (91 C per month) based on an average use of 7000 gallons water per month. Please note that the impact on customers will vary according to each customer's usage. RECOMMENDATION: The staff recommends Council adoption of Ordinance #529, approving the water rates as set forth by the Owasso Public Works Authority and providing for an increase in those to in-city customers in the amount of thirteen cents (.13C) per thousand gallons. ATTACHMENTS: 1. Ordinance #529 2. Correspondence from the City of Tulsa ORDINANCE NUMBER 529 CITY OF OWASSO, OKLAHOMA AN ORDINANCE ADOPTING AND APPROVING THE WATER RATES AS SET BY THE OWASSO PUBLIC WORKS AUTHORITY PURSUANT TO RESOLUTION #96-04 OF SAID BODY; AND AMENDING PART 17- UTILITIES, CHAPTER 1 WATER, SEWER AND SANITATION SYSTEMS, SECTION 17-109-WATER RATES; AND ESTABLISHING AN EFFECTIVE DATE; AND DIRECTING CODIFICATION. BE TT ORDAINED BY THE CITY COUNCII, OF THE CTTY OF OWASSO, OKLAHOMA THAT: SECTION ONE: The water rates hereinafter set forth as established by the Owasso Public Works Authority, an Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary, are hereby adopted, approved and duetted to be implemented in accordance with Resolution #96-04 of the Owasso Public Works Authority dated September 3, 1996. SECTION TWO: The provisions of the City of Owasso Code of Ordinances, referenced as Part 17, Utilities, Chapter 1 Water, Sewer and Sanitation Systems, Section 17-109 Water Rates, shall be amended as follows: Section 17-109 WATER RATES A. There hereby are established the following uniform rates for the volume of water delivered during each calendaz month at each connection to the water system serving one household or business located within the corporate limits of the City, as shown by the water meter at such connection; provided that, regardless of amount of water metered, the monthly charge for water for each connection shall not be less than the "minimum charge" set forth: WATER RATES (MONTHLY, 1. First 1000 gallons $7.30 (minimum chazge); and, 2. Each additional 1000 gallons $2.92 B. There hereby are established the following uniform rates for the volume of water delivered during each calendaz month at each connection to the water system serving one household or business, located outside the corporate limits of the City, as shown by the water meter at such connection; provided that, regardless of the amount of water metered, the monthly chazge for each such connection shall not be less than the "minimum chazge" set forth: 1. First 1000 gallons $11.54 (minimum chazge); and, 2. Each additional 1000 gallons $4.68 PASSED AND APPROVED this 3rd day of September, 1996. ATTEST: , Marcia Boutwell, City Clerk APPROVED AS TO FORM: CTTY OF OWASSO, OKLAHOMA By: Danny Ewing, Mayor Ronald D Cates, City Attorney OFFICE OF ASSISTANT DIRECTOR 918 596 7274 DEPARTMENT OF PUBLIC WORKS 200 CIVIC CENTER TULSA, OKLAHOMA 74103 August 27, 1996 City of Owasso Attention: Rodney Ray 207 S. Cedar Owasso, OK 74055 Dear Mr. Ray: On October 1, 1996, rate increases approved by the Utility Board and the City ~ Council will go into effect. Your existing water rate is $1.59 per 1,000 gallons, and your new rate will be $1.72 per 1,000 gallons, which is an effective increase of 8.18%. The Utility Board sent letters inviting customers to attend a meeting held April 8, 1996, to discuss the proposed utility rate adjustments in water and sewer. If you have any further questions about your specific utility charges, please contact me at 596-7274, City Hall, Room 512, Tulsa, Oklahoma 74103. Sincerely, Michael L. Buchert Public Works Assistant Director ~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWA5S0 THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR CARRY-OVER BUDGET APPROPRIATION DATE: August 29, 1996 BACKGROUND: Since 1993, the City has embraced the concept of allowing its managers the use of a "carry- over" budget appropriation. In fact, the Council has adopted that concept as a financial management policy in each of the last three years. A "carry-over" budget appropriation is a concept wherein budgeted, but unexpended, funds from one fiscal year may be rebudgeted (appropriated) or "carried over" to the next fiscal year. The goal of a carry-over budget is to encourage economy and efficiency in the use of public funds. Traditional public sector budgets anticipate and reward the expenditure of all of the funds under a manager's control during the twelve-month fiscal year. In spending all available funds, managers are "justifying" a continued or even greater level of appropriations in following years. Thus, efforts to be efficient and save money will often result in the reduction of future budgets. The "carry-over" budget promotes a philosophy of "save it and invest it" rather than "spend it or lose it". Managers who save money from last year's budget are rewarded by the possibility of a carry-over appropriation to the current year's budget. This is the fourth year for the City's managers to operate under a "carry-over" budget concept. ~ The "carry-over" budget concept is based on a business approach to government spending and is a key element to our overall goal of fiscal efficiency. The success of the concept has not only saved taxpayer dollars in the form of reducing spending, but has helped foster adecision-malting process that is increasingly business oriented in both process and desired outcome. REQUEST FOR CARRY-OVER BUDGET AUGUST 29, 1996 PAGE 2 COMMENT: It should be noted that the General Fund departments had a total of $168,035 in budgeted but unexpended funds remaining from the 1995-96 budget. Of that amount, $129,125 was eligible for carry-over appropriations request (unexpended funds from salaries and other personal services line items are not eligible for carry-over). However, as you can see from the list below, the General Fund carry-over requests were for only $50,925. The fact that, for the second consecutive year the City's managers have not requested the full amount eligible for carry-over, indicates how well the concept is working. It is apparent that the departments are more confident in their ability to present new programs and services (or improve existing services), justify those requests in the budget process and be funded based on the merits of those services rather than simply relying on how much money was spent last year. That confidence is shown by the $117,110 left in unrequested, but eligible carry-over funds. Those funds are the best indicators of the success of the program and clearly show a more efficient and effective use of the tax dollar. REQUEST: "Carry-over" appropriations have been requested for the OPWA Fund, Capital Improvements Fund, Capital Projects Grant Fund, Garage Fund, and nine departments within the General Fund. Those "carry-over" requests are summarized below. Some requests are for the completion of projects and contracts funded last year, but not completed until this fiscal year. Fund & Department GENERAL FUND Street Department Engineering Department Parks Department Community Development Animal Control Support Services Community Center Purpose Amount Paint Building $ 2,675.00 Fence Storage Area $ 4,000.00 Reserve for Equipment & Design Criteria $ 3,500.00 Building Improvements $ 3,000.00 Utility Cost/Radio $ 1,000.00 Reserve for Future Vehicle $ 7,500.00 Inspector Radio $ 1,000.00 Reserve for Future Capital Outlay $ 5,000.00 Animal Traps $ 500.00 Paint 1987 Vehicle $ 200.00 Building Improvements $ 750.00 Vertical Blinds/Council Room $ 1,700.00 i~ i~ ii ii ii REQUEST FOR CARRY-OVER BUDGET AUGUST 29, 1996 PAGE 3 Interior Painting $ 1,500.00 Fire Department Beds & Mattress $ 5,000.00 In-Station Tone Alert $ 4,000.00 Station Vehicle $ 5,000.00 Uniform & Protective Clothing $ 2,000.00 Finance Department Moving/Remodeling $ 600.00 Reserve for Future Computer Purchase $ 2,000.00 TOTAL GENERAL FUND REQUEST $50.925.00 OPWA FUND Wastewater Department Wastewater Master Plan $19,200.00 Water Department Booster Pump Station $63,825.00 ~ TOTAL OPWA FUND REQUEST 82 825.00 CAPITAL IMPROVEMENTS FUND Equipment Storage Buildings Construction $80,000.00 ~. TOTAL CAPITAL IMPROVEMENTS FUND REQUEST $80.000.00 GARAGE FUND Garage Refurbish Service Truck $ 4,385.00 Exterior Repairs-Building 50.00 TOTAL GARAGE FUND REQUEST 4 735.00 CAPITAL PROJECTS GRANT FUNDS CDBG - NSP Project Water/Wastewater $19,009.00 ~ CDBG -Wastewater Rehab Project Wastewater Improvements $65,516.00 CDBG -Precision Components Parking Lot $10,319.00 ~- TOTAL CAPITAL PROJECTS GRANT FUND REQUEST 94 844.00 Attached for your review are memoranda from managers or department directors explaining each ~ carry-over budget request. REQUEST FOR CARRY-OVER BUDGET AUGUST 29, 1996 PAGE 4 RECOMMENDATION: The staff recommends supplemental appropriations for the following funds: GENERAL FUND Street Department $ 6,675.00 Engineering Department $ 3,500.00 Parks Department $11, 500.00 Community Development $ 6,000.00 Animal Control $ 500.00 Support Services $ 950.00 Community Center $ 3,200.00 Fire Department $16,000.00 Finance Department 2 600.00 TOTAL GENERAL FUND $50.925.00 OPWA FUND Wastewater Collection $19,200.00 Water Department 63 825.00 TOTAL OPWA FUND 82 825.00 CAPITAL IMPROVEMENTS FUND Equipment Storage Buildings $80.000.00 TOTAL CAPITAL IMPROVEMENTS FUND $80,000.00 GARAGE FUND Garage 4 735.00 TOTAL GARAGE FUND $ 4,735.00 CAPITAL PROJECTS -GRANT FUND CDBG - NSP $19,009.00 CDBG -Rehab $65,516.00 CDBG -Precision $10,319.00 TOTAL CAPITAL PROJECTS GRANT FUND 94 844.00 ATTACHMENTS: 1. Department Requests MEMORANDUM TO: RODNEY J RAY CITY MANAGER FROM: SHERRY BLSHOP FINANCE DIRECTOR SUBJECT: CARRYOVER BUDGET REQUEST DATE: August 23, 1996 After the year-end closing, the finance department FY 96 budget had an unencumbered balance (excluding the personal services category) of $2,670.35. A carryover budget supplement of $2, 600 is requested. Carry-over budget funds are requested for the following: • Miscellaneous expenses associated with moving and remodeling the finance department offices. Amount requested: $600. • Future computer equipment purchases. $2,000 was carried over from the FY 1995 to the FY 1996 budget and is requested to carryover again to the FY 97 budget. The finance department currently uses two PC's loaned from other sources (one from the Chamber of Commerce and one from a staff member). Amount requested: $2,000. -_ ~ ~ NI~MORANDUM TO: Sherry Bishop FROM: F. Robert Carr Public Works Director ~~" ~~ SUBJECT: CARRYOVER BUDGET REQUESTS DATE: August 23, 1996 Proposed items for carryover from the FY 95-96 Budget are presented on the attached sheets. A summary of these items is as follows: Engineering Line Item: MACHINERY & EQiJIPMENT Account Number: 51-170-5441 Scanner and software Proposed carryover budget: $3,500.00 Streets Line Item: IlVIPROVEMENTS -NOT BUII.DING Account Number: 51-410-5430 Paint exterior of Street building Proposed carryover budget: $2,675.00 Fencing of storage area Proposed carryover budget: $4,000.00 In addition to the above, the following project costs need to be carried forward: Wastewater Master Master Plan (61-530-5310) $19,200.00 Equipment Storage Buildings (81-210-5421) $80,000.00 i~ i~ Public Works Department Engineering Carryover Budget Proposal FY 1995-96 Line Item: MACHINERY & EQUIPMENT Account Number: 51-170-5441 Proposed carryover budget: $3,000.00 FY 1995-96 budget (excluding personal services): $9,417.00 FY 1995-96 actual: $6,122.24 FY 1995-96 remaining: $3,294.76 ~ Commentazy: " Scanner and intelligent conversion softwaze: The Engineering Division is prepazed to develop ~~ a comprehensive design criteria and construction specifications document for use in the City of Owasso. Prepazation of the document will encompass detailed text and drawings for infrastructure construction. " Most of the available drawings to be included in the document will need to be copied and re- " drawn into the AutoCAD format presently used in the city. To expedite this process, it is proposed to scan existing drawings and solicit other available information and drawings from similaz area organizations. . Cost of a suitable networkable 8'fi" x 11" or 11" x 17" scanner is approximately $2,000.00. Softwaze with intelligence to convert scan data to AutoCAD format is expected to cost approximately $1,000.00. C Public Works Department Streets Carryover Budget Proposal FY 1995-96 Line Item: IMPROVEMENTS -NOT BUII.DING Account Number: 51-410-5430 Proposed carryover budget: 56,675.00 FY 1995-96 budget (excluding personal services): 5105,555.00 FY 1995-96 actual: 595,455.68 FY 1995-96 remaining: 510,099.44 Commentary: Paint Exterior of Street Maintenance Building: Construction of the equipment storage structure and replacement of the roof to the existing building was completed in August 1996. In order to provide a uniform appearance to the building and upgrade the overall aesthetics of the area, staff elected to paint the exterior of the building the same color as the roof and equipment storage area (the colors of these facilities were selected to match other existing city-0wned structures in the immediate area). A local painting contractor was selected for the project at a cost of 52,675.00. Fencing the storage area: Equipment and materials used by the Streets Division are to be stored in the area east of the existing building and the new storage structure. The designed layout was selected to enable the area to be fenced for added security and to limit accessibility. Approximately 400 LF of 6-foot fencing and gates are included in the project. The gates are to be installed on the Birch Street trafficway south from 5th Avenue to enable ingress and egress to buildings on 5th Avenue during flood conditions. Based on preliminary quotes, costs for this project are expected to be approximately 54,000.00. MEMORANDUM TO: RODNEY J RAY ~' CITY MANAGER SHERRY BISHOP FINANCE DIRECTOR FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CARRY-OVER BUDGET REQUESTS FOR COMMUNITY DEVELOPMENT AND PARK MAINTENANCE DATE: August 26, 1996 ~ The following requests for carry-over are being requested for the Community Development and ,~. Park Maintenance Budgets. Community Development Department I am requesting $6,000.00 for carry-over within this department. The $6,000.00 would utilized to address unanticipated needs for additional equipment within the department as a result of a position transfer from the fire department. New furniture and a hand radio unit are just a few ~, of the anticipated needs. " Park Maintenance The Parks Department is requesting $11,500.00 for carry-over purposes. $3,000.00 is proposed ° for needed furniture and completion of the new park maintenance facility. $1,000.00 is for ~ unbudgeted utility costs which will accompany the new facility and a needed communication radio. The remaining $7,500.00 is requested for future vehicle and access drive needs at the Sportspark. If you have any questions, or if I can be of assistance, please contact me. MEMORANDUM TO: RODNEY J. RAY CITY MANAGER ~ Iqo FROM: M.A.ALEXANDER~~ CHIEF OF POLICE SUBJECT: CARRYOVER BUDGET FOR ANIMAL CONTROL DATE: August 12, 1996 This memo is a request for consideration of a carryover budget for the Animal Control division of the Owasso Police Department. The year end totals reflect an excess of 512.12 within the 200, 300 and 400 series of the budget of animal control. I realize that this is not a huge amount as compared to other departments, however this amount does reflect 3.6 % of the total budget of the animal control division, (excluding the 100 series). If approved, this $500.00 will be used toward the purchase of additional beaver traps, and cat and dog traps which were not budgeted in the 96-97 animal control budget. Your consideration in this request is appreciated. i ~~ -=1 iNAI SFRUTrFS 51 ~?n 51n1 I ~?n 510, z?n 51 ;n ri1 8?n 5111 ~ ,,~1 '1?n 5;?n I .4?n 51:0 -.1 8?0 51'it ~1 4^0 ~u1 1 8''n Sif,S 1 8?n 5171 TiFPARTMFNT - ANTttA! r11NTFtnI AAI aRTF4 G War,FS nVFRTTMF FTra RFTTRF?4~NT lnMRFI l9`dF14P1 nYMFNT TN.~IIRahr.F MFnirra TN~Ilaaur.F l i FF T N.41 ~tANrF TIITTTnN RFTMRIiRSFMFNT TNrFNTTVFS IINTFnRM AI I fTWANfF r.TTY nF nWA=gin ANNIIAI RIITiRFT PRFSFNTATTnN FnR PFRTnTi FNriTtdn .II IN 1??~. TnTal PFFtSIIAIaI SFRVTrFS ":a~F4` TA1 S k 411PF1 TFR S1 8?n 5^,In nFFTrF F!!¢FI TFS 1 .;?0 5??n nPFAATTNr, Rl~P1 FF4 W:,1 8?n 5^.?t IINTFnRhl9 & FRfiTFrT'TVF r1 nTHTNn 51 8?n 5?5n RFPATR & MATNT RI~PIIF4 ~ 1 '~?n .~i7~n UFNTr7 F MATtJTFNAtJrF 1 8?n 5?hi ca~ru Tt~ ~ Fill 51 870 5?9n MTRr a1PPl TFS TnTAI MATFRTAI r, ;r SIIPPI TF.r, RUrr.FS x, nTI~R r.~r~tr,F~ 1 8?n 541n PRnF !. TFf`N RFR~1TrFR `..1 8?Q 58?1 In"11 TTtFS 51 8?0 5880 RFPATR >4 MATNT 4'FRUT(`F.r, " 1 '~?n 5.471 TA FPl-UYJF i :~?n 5s4n TRAUFI >Y TRATNTNn 51 8?n 5848 ib FS k FFFR TnTAI SFRVTrF.4 >4 nTF~R TT1aRnF~ TAPTTAI nlm AY 1 a?n 5d?n ..1 8?n 5d8n 5} 8?n 544! 1 8?n 54d? 1 8?n 5aa4 Ailil nTNr, TMPRnVFMFNTfi TMPRnUFMFNTS MArNTNFRY lG FAIITPMFNT VFN1T9 FS FIIRNTTIiRF & FTXTIIRFS TnTAI raarTal nlm aY TfITAI ANTMAI f71NTRn1 i MTV t aril IA1 Y ~ ~ arTi IAI 44.?t 9f .R^ ?f.. rd7 . nn ?55. nh 9.84 . nn .nn .an 4ft9.9? .nn 7n1 _''? 145_tn 78.5.4 .nn 7? .^-.? . nn 1 ndd.?4 rl F~FS PAf:F: t RI Inr,FT Ftdri IMR I R~F>'?rl IMA 'L I I.SFTi 1.`: 5:~;.?n 1R 4nn_txt " _n0 ? 71l,_7n • S Sr ?l,5.57 5nn.00 .nn ?'{d.d,4 ~;.tn 1 nR5.5? ~ 1 ?'in.nn " .nn 144.41 ,?4.?(, anh.SR 9an.nn .nn 5:,•4.a? a~.?5 1n5_n? 1n7.an .na ±.?1 •~•~[_?t ^,'~??.?F. ~ 187.8n .nn ~:i7.74 7:{_'?9 4.4.78 #18.(k1 .0n '•4.?? 7;_5.7 .nn .nn .rift ~ _an .nn .nn .nn _nn .on .nn .nn .nn '.nn .nn _nn 19"R8d_1? ?4":~?7.nn .nn 4:4??.4R R1.~4 '';'`.h4 ?5n_nn .fat? 1»_:i~i ?».?h 5?[1.97 ~ ? J,fH1.nn " .fit ?.n:{ 99_F=~ hh4.?a 7nn.no .f,n ^.`;.7f. 9»_49 778.17 ?4n.nn .nn f•.4.: 97.5l, 8h.4? 4n_nn .nn 3.14 9?_n5 d4?_a1 ~~nn.no .nn 57.5? t,~_44 _~a _nn .nn .nn .nn d ?a8.?5 a 87n.nn .nn 1?F,.75 97.10 ?n_ftn 4n^..5n 450.00 .ftn 47.50 P,~.4» ?45.74 ? (~;'1.5~5 " ? 180.00 " .nn 11,.44 ?9.' .On 8l,Q.~.4 400.(X1 _n(1 .^,9.87 ?n.tl, .nn 8n9..'i d?n.nn .nn 110.45 78.70 .nn d?R.h7 500.00 .nn 71.'1.4 85.78 .0n .n8 - .nn .(X1 _nn _nn 8n5.74 --- - 8,5.44.91 ----------- ---- ;"870.00 -------- -- .nn ---------- ?l;5_n9 ------- 9?./~4 ?.7:^.^1 5".;91.9f, 5,490.00 .nn ?R.n4 9R_?1 _nn .nn .On .(Xt .an .fK, _nn _no _nn _nn .nn .nn _nn 9.9f• 10.00 _nn .rt4 99_f,('t ~7.4n ---- ~?7.Rn 4an.nn _nn ^.^n 99.'14 -------- - "a~n.n1 ----------- - 5"7?9.7? ----------- ---- 5,4`1n.nn -------- -- .nn ---------- 1nn.?4 ------- 94_?4 f,"?n?.95 8^,,'19?.On ..^,4"8?7.nn _nn 5 nns.nn 8!,_97 MEMORANDUM TO: RODNEY J. RAY, CITY MANAGER FROM: ~ ~`~JIlVI McELRATH, SUPPORT SERVICES DIItECTOR SUBJECT: FY96 VEHICLE MAINTENANCE CARRYOVER BUDGET REQUEST DATE: August 21, 1996 COMMENTS: Because of timing involved in the transfer of the Vehicle Maintenance service truck from the Fire Department, we were unable to accomplish the refurbishment and equipping of the vehicle before the end of the fiscal year. Also, due to the relocation of the full Support Services staff to the Vehicle Maintenance Facility, it is necessary to do some remodeling and updating. Finally, we have recieved transfer of a 1987 Chevrolet Caprice from the Police Department to replace the 1981 Ford Fairmont, which is need of repair costly beyond the vehicle's worth. There is enough surplus money in the 5200, 5300 and 5400 categories of the budget to accomplish these items. All expenditures would be carried out immediately, upon approval of the request. RECOMMENDATION I recommend the following items for carryover expenditure from the City Garage budget for FY96: 1) Service truck: Paint exterior $1500 Refurbish interior $400 Lightbar $700 Push bumper $500 Winch $1000 Jumpstart set $135 Handtools $150 Subtotal $4385 2) Chevrolet Caprice: Paint exterior $500 3) Remodel and refurbish facility: Interior $700 Exterior Total $5985 MEMORANDUM TO: CITY MANAGER RODNEY RAY FROM: COMMUNITY CENTER DIItECTOR JANIS WORLEY RE: CARRY OVER BUDGET DATE: August 23, 1996 BACKGROUND: Community Center has a total of $2,294.00 in the 5200 series and the 5300 series from the 1995-1996 Budget Year. The Community Center is a multi- use facility and I feel there is a great need for this facility to have a better look inside. I feel the facility not only needs to be painted but also needs new vertical shades in the council/dinning area, in the recreation '" area and in the ceramics room. This item would not only help with the utilities bill but would add a lot to the look of these rooms. These rooms have not been painted in many years. FUNDING: ~ The estimated cost of vertical blinds for these three rooms is $ 1,700.00 The estimated cost of painting all three rooms is $1,500.00. Staff is requesting a carry over budget of $2,294.00 from the Community Center 1995-'96 Budget. Staff is also requesting that we be allowed to carry over the remainder of the cost in the amount of $ 906.00 from the 1995-'96 Recreation Center Budget. TOTAL ESTIMATED COST OF THESE TWO TASKS WOULD BE $3,200.00 Staff was very conservative in the spending of the Recreation Center Budget due to the transition of the YMCA and the center and would like you to consider this unusual request to be able to use some of those funds for the improvement of the Community Center. MEMORANDUM TO: RODNEY RAY, CITY MANAGER FROM: BOB ALLEN, FIRE CHIEF SUBJECT: CARRY-OVER BUDGET `96-'97 DATE: August 23, 1996 BACKGROUND?: T,~rt fie~.al ~,~ayr~ ~ 445_46 tl:e Fire Department budgeted for purchasing beds and a tone alert system. Due to an unexpected delay in researching for a reliable vendor and proper equipment, we were not able to purchase these items before the end of FY `95-'96. The Fire Department is rPrniPCtino the carry-Dyer funds tptaling ~1 F~Q~Q,f1~ Y"- •• "'-'i7 RECC~ivuvlviv va T iviv S: CAPITAL OUTLAY $14,000.0"u Beds and mattress 5,000.00 In-station tone alert 4,000.00 Station vehicle 5,000.00 MATERIAI, AND SUPPLIES UNIFORMS AND PROTECTIVE CLOTHING $2,000.00 The union contract was not settled until after the FY `96-'97 budget was approved. Funds were not budgeted for uniform replacement as stated in the contract. Attachments: Memo -Capital Outlay Committee MP.mn -Acct C`h~Pf Stuckey (In-Station Tone System) Memo -Capital Outlay Committee (Station Vehicle) C: \...\llATA\C RYO V I297. MEM I MEMORANDUM TO: BbB ALLEN, FIRE C13Y~F FROM: CAPITAL OUTLAY COMMITTEE d . SUBJECT: 96 - 97 BED AND MATTRESS PURCHASE d ~ DATE : August 22, 1996 a We now have three price q~gtes on beds ar~d mattresses . These items ire i ric 1 uded in the Capital Outlay Plan for 1995 - 1996. The beds will be replacing the beds that are over 11 years old. The beds have three drawers underneath them to ' accarrnodate bed 1 i nen for a 11 three shift m~ribers ut i 1 iz i ng the bed. These beds should have a life expectancy of 10 to 15 years. We will also have to purchase mattresses to fit the beds. The lowest price quote we have received is from ~ North Carolina Furniture Mart. The three quotes were as follows: North Carolina Furniture Mart $443.00 Heilig - Meyers Company 500.00 JC Penney Caipany 547.00 Thc~~ quotes include mattresses and bed frames. To fill all spaces that were designed for beds in the station, we would need to purchase 11 beds. The total ~ cost for 11 beds at $443.00 each will be $4,873.00. I have also included a voting sheet where two beds were chosen and a majority voted for the Bassett beds. The capital outlay committee thanks you for the opportunity to submit t input into the budget process. MEMORANDUM TO: BOB ALLEN, FIRE CHIEF FROM: MARK STUCKEY, ASST CHIEF SUBJECT: IN-STATION TONE SYSTEM DATE: August 22, 1996 ~~~e have received a pace quote on the tone system. This item eras included n uhe 1Q95-1QQ6 Capital Outlay Plan. At the present time, the fire fighters are alerted to an emergency situation by portable radios placed at various locations within the Fire Department. Not enough radios are available to allow all azeas of the station to be within an audible range. Also, the life span of the radios is signifieantly re~dueed when they aze left on for 24 hours a day. This system would ensure that the portable radios are fully chazged and ready for use on the fire scenes. Z'he life span of this system should be approximately ten (10) years from the date of purchase. If $4,000.00 was allocated, it would cover the price quote of $3,617.45 and any other unexpected expenses. i~ i~ MEMORANDUM TO: CHIEF ALLEN FROM: ASST CIiIEF STUCKEY SUBJECT: STATION VEHICLE CAPITAL OUTLAY DATE: August 23, 1996 There has been $lO,Onn ~n ~"~RPtP/I fnr the „nrr`hacP of a ctafin„ ~/Plitr`1P 4ftPr rn„e„lt;„c, rhP VV. V VM~LSViV~11Vt 411V 11 W1 V11lLUV Vl N UN~iLVll V1LLVlV. L4LVl VV1WLliLlals LLLV state bid list, a vehicle that would meet our needs can be purchased for $15,000.00. This vehicle would transport fire fighters and equipment (hose, air bottles) to a fu-e scene without taking an emergency vehicle out of service for these tasks. The type of station vehicle that is being con~ides~ed is a ;tan pickup. This vvhiclc could tranapnrt ~ fire fighters and equipment tca a scene. MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ALLAN E. HARDER PERSONNEL OFFICER SUBJECT: PROPOSED PERSONNEL POLICY CHANGE DATE: August 28, 1996 BACKGROUND: Pursuant to a request by the City Manager, the staff has completed a review of the City's policy relating to tuition reimbursement and, if deemed necessary, how that policy may be changed. That review has indicated he city has an adopted policy relating to tuition reimbursement contained in "chapter 5, section 10, subsection A" of the "CITY OF OWASSO, OKLAHOMA PERSONNEL MANUAL, dated July 1, 1992. Further, the policy also contains a method of amending the document should such change be desired by the City Manager and City Council. The policy relating to tuition reimbursement states: An employee may be reimbursed one hundred percent (100%) of the general enrollment fee for tuition expenses upon satisfactory completion (minimum grade "C") of a course or school that is directly related to his job duties or in pursuit of an undergraduate degree. The course(s) on which reimbursement will be requested must be approved by the Department Director prior to enrollment (Personnel Form number 10). If a personnel form number 10 is not on file in the personnel office, reimbursement will not be made. Fees for advance standing credit hours will not be ~ reimbursed. The intent of the original policy was to encourage employees to seek educational advancement as a means of increasing their productivity and value as an employee of the ~ City. Additionally, the City wanted to recognize that such advancement also benefitted the employee, therefore the cost should be shared by the employer and employee. Thus, the ' City policy reimbursed only tuition cost and did not allow reimbursement for book cost, or fees (tuition is about one-half of the total cost of a class). Additionally, the Policy's language referred to reimbursement for course work in pursuit of an "undergraduate" degree. While graduate degrees were not expressly prohibited, some interpretations of the policy do not include graduate courses as eligible. The City Manager believes there are those occasions when advanced degrees are of benefit and value to the City and, thus, should be r CITY MANAGER'S REPORT AUGUST 29, 1996 PAGE TWO eligible for reimbursement in the same manner as undergraduate tuition. However, since ~ advanced degrees are not needed in every position , it is the staff's position that prior approval should be granted by the City Manager for such graduate course work if reimbursement is to be made. Based on those considerations, it is the purpose of this memorandum is to present a change in the policy that would allow the City Manager to ~ authorize payment for tuition reimbursement to employees who are pursuing advanced degrees provided, however, such course work is authorized by the City Manager prior to this initiation. HOW CAN THE POLICY BE AMENDED? Chapter 1, Section 3 AMENDMENT AND IMPLEMENTATION, of the CITY OF OWASSO, OKLAHOMA, PERSONNEL MANUAL, dated July 1, 1992 states: "The City Manager may amend these rules and regulations when deemed desirable and necessary in the best interest of the City and with approval of the City Council. The City Manager will provide notice to all City employees prior to the Council action." The City Manager has in fact deemed it desirable to recommend an amendment to the policy ,! and by this memorandum request Council consideration of such change. The notice to employees requirement could be met through the official posting of the Council agenda in compliance with the open meeting requirements. This however, does not meet the intent of the policy. Therefore, a memo to all Department Directors has been developed for dissemination to all employees. "~ RECOMMENDATION: It is recommended that the Tuition Reimbursement Policy be modified to read as follows (bold text is used only to distinguish the added text): An employee may be reimbursed one hundred percent (100%) of the general enrollment fee for tuition expenses upon satisfactory completion (minimum of ' grade "C") of a course or school that is directly related to his job duties or in pursuit of an undergraduate degree. The course(s) on which reimbursement is ~ requested must be approved by the Department Director prior to enrollment (Personnel Form number 10). CITY MANAGER'S REPORT AUGUST 29, 1996 PAGE THREE Employees may also be reimbursed for satisfactory completion (minimum grade "B") of courses taken in pursuit of a graduate degree. The course(s) on which reimbursement is requested must be approved by the City Manager prior to enrollment (Personnel Form number 10). Approval 6y the City Manager shall be made following the City Manager's determination that the course and graduate degree will benefit both the employee and the City of Owasso. If a Personnel Form number 10 is not on file in the personnel office, reimbursement will not be made. Fees for advance standing credit hours will not be reimbursed. ATTACHMENT: Copy of notice to employees MEMORANDUM Chief Maria Alexander/Chief Bob Allen/ Ms. Sherry Bishop/Mr. Robert Carr, Jr./Mr. Jim McElrath/ Ms. Angela Remke/Mr. Tim Rooney TO: ALL DEPARTMENT DIRECTORS FROM: RODNEY J. RAY, CITY MANAGER SUBJECT: MODIFICATION OF PERSONNEL MANUAL DATE: August 29, 1996 It is my intention to seek a modification of the Personnel Manual, Section 5-10 EDUCATIONAL COMPENSATION at the September 3, 1996, Council Meeting. The modification sought will allow the City Manager to reimburse employees for tuition when seeking graduate degrees when, in the opinion of the City Manager, the degree will benefit the City of Owasso. Section 1-3 of the manual establishes the process for amending and implementing amendment to the manual, including notice to all city employees prior to council actions. Please disseminate this proposed change to your employees. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO RENEW JUVENILE JURISDICTION AGREEMENT BETWEEN THE CITY OF OWASSO AND OKLAHOMA DISTRICT COURT SERVING TULSA COUNTY DATE: August 30, 1996 BACKGROUND: On February 16, 1993, the City Council first authorized the Owasso Municipal Court to enter into an agreement with the Tulsa County District Court for the purpose of allowing the Municipal Court to assume jurisdiction over certain juvenile misdemeanor offenses. Those offenses covered in the agreement included vandalism, shoplifting, trespassing, assault, assault and battery, battery, truancy, disorderly conduct, and public intoxication. The purpose of the arrangement is to encourage local communities to provide some for of "early intervention" in an effort to prevent young offenders from re-entering the justice system again and again. Subsequently, on August 16, 1994 and again on July 11, 1995,. the Council approved renewals of that agreement. Since initiating the agreement, the Owasso court system has processed a total of 320 juvenile offenders. In conversations with the Police Chief, City Prosecutor, Municipal Judge, Court Clerk and City Attorney, it is apparent that all of the involved parties agree that the program is worthwhile and should be continued. Even though the Council has approved and renewed this agreement, the Attorney General has ruled that these types of interlocal agreements must be renewed each year. The proposed renewal agreement contains no changes from the 1995 document and extends the agreement to June 30, 1997. The agreement is attached for your review. Additionally, please note that Mr Cates, City Attorney, has reviewed the agreement for form and content. RECOMMENDATION• The staff recommends Council approval of the renewal of the Agreement for Municipal Court Jurisdiction of Juveniles, and that the Mayor and Judge be authorized to execute such document. REQUEST TO RENEW JUVENILE JUSTICE AGREEMENT AUGUST 30, 1996 PAGE 2 ATTACHMENTS: 1. Correspondence from Judge Hilsabeck 2. Renewal Agreement 3. Memorandum Dated February 16, 1993 (Background Information) 4. City Attorney Opinion #93-2 (Background Information) i~ ii ,, MEMORANDUM ^ TO: RODNEY J RAY CITY MANAGER FROM: HONORABLE MICHAEL HILSABECK MUNICIPAL COURT JUDGE SUBJECT: RENEWAL AGREEMENT FOR MUNICIPAL COURT JURISDICTION OF JUVENILES ~ a DATE: August 30, 1996 Since the juvenile program was approved by the City Council and initiated in 1993, it has proven to be a successful program. We have had 320 juveniles successfully complete a combination of ,, community service, counseling, and restitution, along with various safety reports, and pay the minimal court cost. It would appear that this agreement is helping the City of Owasso and the ' State of Oklahoma reach the goal of curbing the number of repeat offenders, thus reducing the w number of juveniles that would be transferred to the Juvenile Bureau District court. Based on our experience, I would recommend that the City Council approve the renewal agreement and r authorize the Judge and Mayor to execute the document. G ><20NALD D. CATES Attorney at Law Suite 680, PazkCentre 525 South Main Tulsa, Oklahoma 74103 918-582-7447 August 28, 1996 Rodney J. Ray City Manager City of Owasso P.O. Box 180 Owasso, Oklahoma 74055 Re: Agreement for Municipal Court Jurisdiction Concerning Juveniles Dear Mr. Ray: FAX 918-582-0166 1 1 1 In accordance with your request, I have reviewed the proposed Agreement for Municipal , Court Jurisdiction Concerning Juveniles. It is my opinion that the revised Agreement for Municipal Court Jurisdiction Concerning Juveniles between the City of Owasso and the District Court in and ' for Tulsa County, State of Oklahoma is in accordance with the authority of 10 O.S. Section 7303-1.2 E, the enabling legislation under which municipalities are authorized to assume jurisdiction for certain specified juvenile misdemeanor offenses pursuant to interlocal agreements with the District Courts. , Accordingly, it is my recommendation that such be submitted to the City Council for approval. The documentation provided to me by you is the original. Therefore, I have executed such in the appropriate place and am returning such to you. RDC:Ijs enclosures 1 1 1 1 ~vtiaiu L. •,a~w City Attorney 1 '. ' AGREEMENT FOR MUNICIPAL COURT JURISDICTION CONCERNING JUVENILES This agreement is made by and between the Oklahoma District Court serving Tulsa County, otherwise known as Judicial District 14 (District Court) and the City of (City), under authority of 10 Oklahoma Statutes § 7303-1.2 E under which municipalities are authorized to assume jurisdiction of certain specified juvenile misdemeanor offenders, pursuant to interlocal agreements with the District Courts. The express purpose of this agreement is to enable the City to establish, develop, and implement various prevention or early intervention programs for local juvenile misdemeanor offenders. By implementing such a program, the resources available to the District Court can be focused more efficiently on more serious juvenile offenders, including felony offenders and juveniles with significant histories of repeat offenses. DURATION ~ This Agreement shall be in effect from July 1, 1996 through June 30, 1997. Thereafter ' this Agreement may be renewed for successive one year periods corresponding with the City's ~ fiscal year of July 1st to June 30th. The Agreement shall terminate automatically on June 30th of each year unless the District Court and the governing body of the city renew the Agreement ~ for another year. If either party desires to terminate the Agreement, the terminating party shall ' notify the other party in writing of its desire to terminate by May 1st of the fiscal year preceding termination. ' Either party may request a modification of the agreement b makin a written re uest Y g q identifying the desired amendments, or the subject matter thereof, at least forty-five (45) days 1 in advance of the negotiations concerning such amendment. OBLIGATIONS OF THE CITY 1) The City may assume jurisdiction of offenders who meet the following criteria: a. Are under eighteen (18) years of age; b. Are not presently under the supervision or treatment of the Tulsa County District Court system and do not have charges pending there; c. Have been charged for violating municipal ordinances relating to trespassing, public intoxication, vandalism, theft, assault, battery, assault and battery, truancy, curfew, possession of low-point beer, possession of alcoholic beverages, disorderly conduct, or failure to appear for a court appearance or comply with a court order; d. Have not been certified as an adult for any purpose pursuant to 10 O.S. § 7303- 4.3 to the best of the City's knowledge. 2) Upon conviction or upon admission to a deferred sentence program, punishment and conditions of probation imposed may include any one or all of the following: a. A fine not to exceed the statutory maximum of the Municipal Court; b. Community service work, not to exceed ninety (90) hours, in lieu of a fine if the product of multiplying the number of hours of community service work by the prevailing minimum wage does not result in a number which exceeds the maximum fine authorized by law; c. Restitution; Counseling or other community-based services; and d. Court costs. 3) The City shall keep all municipal arrest records, prosecution records, court records and court proceedings for cases involving prosecutions under this contract confidential and shall not open them for public inspection except by order of the Municipal Court or in conformity with the statutes or regulations adopted pursuant to 10 O.S. § 620.6 and 10 O.S. § 7005-1.1 through § 7005-1.8. 4) If a municipal citation is written to a juvenile meeting the above criteria, the Municipal Court hearing date shall be indicated on the citation and notification of the citation(s) 2 ~ shall be mailed to the parents, guardian, or responsible adult relative of the juvenile. If the juvenile is arrested and meets the criteria set forth under the contract, under circumstances where the citation and release procedure would not be appropriate (e.g. intoxication), the City shall make reasonable efforts to locate the parent, guardian, or responsible adult to take custody of the juvenile or may temporarily detain the juvenile ~ pursuant to 10 O.S. § 7303-1.2(E)(2)(3) and (4). 5) The City shall provide to the District Court law enforcement reports and related documents for all juveniles referred to the District Court for prosecution and all juveniles who will be prosecuted for misdemeanor criminal offenses in the Municipal Court. Reports regarding juveniles who will not be prosecuted in either court shall not be ~ forwarded to the District Court. It is expressly understood that prosecution in Municipal Court will constitute a bar of double jeopardy against any subsequent prosecution in District Court for the same offense. 6) All fines and administrative fees generated as a result of prosecution of juveniles under " this contract shall be placed in one or more special accounts, and used solely to fund: I~ a. Local programs which address problems of juvenile crime, including without limitation offender counseling, early intervention, community service and teen court programs; b. The costs of prosecution; ~ c. The costs of detention; and d. Administrative costs related to local programs that address problems of juvenile " crime or related to the prosecution, detention, or punishment authorized by statute. e. Subject to audit by District Court or designee. ~ 7) The City shall provide the District Court a copy of the most recent audit report of its Municipal Court operations for each year during the life of this contractor any extension 3 thereof. It is understood, however, that this Agreement does not impose any additional record keeping requirements on municipal governments or officials. 8) Representatives of the District Court and the City shall meet periodically to share information and to review and evaluate the success of procedures implemented to prosecute and treat juvenile offenders. STATUS OF VARIOUS EMPLOYEES/JOINT PROPERTY No joint employment is created by this agreement for any purpose and each party will be solely responsible for the payment of their respective expenses, including, but not limited to, wages, salaries, and consideration paid on subcontracts. No joint property shall be acquired. NOTICE In the event parties need to discuss specific problems, or in the event any notice required under this contract needs to be served, the City may be contacted through the Office of the The District Court may be contacted through the Office of the Chief Juvenile Judge at 315 South Gilcrease Museum Road, Tulsa, Oklahoma, 74127, (918) 596-5971. 4 Dated this day of , 1996. Chief Juvenile Judge Juvenile Division of the District Court 14th Judicial District Approved as to form and content: District Attorney's Office Approved by City Council of the City 1 ~" Attest: City Mayor Municipal Judge content: 5 City Attorney's Office ~o~vDUM TO: HONORABLE MAYOR AND COUNCIL N~ZBERS CITY OF OWASSO FROM: RODNEY J. RAY, CITY MANAGER SUBJECT: REQUEST FOR COUNCIL APPROVAL OF AGREEMENT BE ~ ~ CITY AND DISTRICT COURT PROVIDING FOR LOCAL COURT JURISDICTION IN CERTAIN JUVENILE MISDEMEANOR OFFENDERS DATE: FEBRUARY 16, 1993 BACKGROUND The 19911egislative session passed House Bill No. 1761. that amended Title 10, O.S. Section 1102(E). The legislation allowed local municipal courts; if authorized by. their City Council, to enter into an. agreement with .the district court to assume jurisdiction of cases involving children under eighteen (18) years of age who have been charged with violation of municipal ordinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy and public intoxication. Under the enabling legislation, the municipal court may impose fines,. community. service requirements, restitution to victim(s) or any combination as authorized by law. Additionally, the court may require the child to receive counseling or other community based services designed for prevention or early intervention impact. ~ - . The legislation focused on two goals.. One of those goals was to -allow the local jurisdiction an opportunity to get involved in juvenile cases early- with Local programs and local, lmowledgeable people.. The rationale being that local people will have a stronger commitment to solving their own juvenile problems as well as a better knowledge of what solutions best meet the offenders' needs. The second goal of the program is to reduce the - district's juvenile court case load so that it can focus on the more serious (felony) juvenile offenders within a reasonable timeframe. - The agreement is attached for your review and requires Council approval and the Mayor's signature as well as the signature of the Municipal Judge. This agreement is an opportunity .for the municipal court to deal with a misdemeanor juvenile offender quickly and in a manner that will have a positive impact on the youth. It should be noted, however,- that there are costs that may be incurred. In approving this. agreement, it should be understood that the municipal court must provide each juvenile offender with- those same statutory and constitutional protection as does the district court. The right to counsel is one of those statutory guarantees. In cases involving indigent persons (in this case juveniles) wherein the accused cannot financially afford an attorney, the municipal court must appoint and attorney and pay the costs of representation. While that situation is a possibility, the staff projections JUVENII,E COURT JURISDICTION FEBRUARY 16, 1993 PAGE TWO are that it will not occur. This agreement allows local jurisdiction only in misdemeanor - - cases, wherein, court appointed counsel generally would not be an issue.- Last year, the - Owasso police filed 54 juvenile cases in District Court and no one requested public defense. It should also be noted that any revenue derived from fines assessed to juvenile offenders is required to.be used for funding local programs which address problems of juvenile crime. Those monies must be in special accounts and will not go to the general fund. Two of the' uses being considered for those funds is to employ a part time Community Service Coordinator with counseling experience, or the establishment of a teen court program, It is not expected, however, that the program will actually produce substantial revenue and it may well be that very little fine money is generated by this program. - - C011~MENT 1. This program is strongly supported by the municipal court. The Judge has been involved in our staff discussions since the contract was received. Additionally, the City Attorney and City Prosecutor have been a part of the evaluation team and both are supportive of the program. - 2. Because of the juvenile court's caseload, juveniles who violate .minor misdemeanor ' ordinances are often not dealt with until three or four months•after the offense. Even then, the sentence usually consists of probation. This kind of slow" justice gives rise to a feeling that the system can be beaten and often results in additional offenses ~• while the youth is awaiting adjudication of his/her first offense. Ho full the Pe Y~ agreement will allow city courts to act quickly and effectively in dealing with the offender and therefore mandate that juveniles must be accountable for their actions. 3. 1VIr. Cates has rendered an opinion relating to the statutory guarantee of legal counsel. That opinion is attached for your review. ~ECOM1VVfENDATION - The staff recommends Council approval of the attached contract between the Owasso Municipal.Court and the District Court providing for Municipal Court jurisdiction for certain juvenile offenders as provided for by law and authorization for the Mayor to execute the ~ contract. - ' ATTACHMENT 1. Proposed contract between District Court and Municipal Court 2. City Attorney's Opinion j k/counciU0201693. CRT '- RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 918-582-7447 FAX 918-582-0166 February 5, 1993 Mr. Rodney J. Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 In Re: City Attorney Opinion 93-2; Agreement for Municipal Court Jurisdiction Concerning Juveniles Dear Mr. Ray: I am corresponding with you for purposes of addressing the issue that we have discussed frequently of late concerning whether or not the City of Owasso, Oklahoma, would be required to appoint counsel for a child found to be without sufficient financial means to retain counsel when such child has been charged in the Municipal Court under authority of the Agreement for. .Municipal Court Jurisdiction Concerning Juveniles now before the City Council for consideration: • . I . must; at;:•the outset ,advise you that -~t<here is.a divergence of opinion ~~on:- the :part.: o•f . citys' attorneys around the : state , on this point. Such. differing .views are essentially attributable to disagreement .over whether the Sixth and Fourteenth Amendments of the United States Constitution, compel provision of counsel to a child without sufficient financial means to obtain counsel. It is opined that such Constitutional provisions do not mandate provision of counsel for an indigent child unless the child faces the possibility of incarceration or the proceeding itself could result in a termination of the parent/child relationship. Neither of such actions can result in a municipal court prosecution pursuant to the jurisdiction assumed under the Agreement for Municipal Court Jurisdiction Concerning Juveniles. However, I am of the opinion that the foregoing does not end the inquiry concerning the existence of a right to counsel which may have as it's genesis something other than Constitutional mandate. Unfortunately, as is evident from the foregoing, there exists no opinion dealing with this issue from the Supreme Court of the .State of Oklahoma or the Court of .Criminal Appeals of the State-of.:.Oklahoma.. ..Accordingly, resolution,of this issue requires consideration of pertinent statutory provisions contained within the Oklahoma Juvenile Code, 10 O.S. Section 1101 et seq. Initially, it should be observed that the proposed Agreement For Municipal Court Jurisdiction Concerning Juveniles arises by Mr. Rodney J. Ray February 5, 1993 ~ Page 2 virtue of enabling legislation now codifed in 10 O.S. Section 1102(e). Such section provides in part as follows, to-wit: A Municipal Court, if authorized by the governing body of the municipality, may enter into an agreement with the District Court to assume jurisdiction of cases involving children under eighteen (18) years of age charged with violating municipal oridinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy, curfews, possession of non-intoxicating beverages as defined in Section 161.2 of Title 37 of the Oklahoma Statutes, possession of alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes, and public intoxication. A child under eighteen (18) years of age may be charged and prosecuted for violating such municipal ordinance provided that the maximum fine which may be imposed shall not exceed the maximum fine authorized by law. ... Such statutory provision, as well as the remaining portions of the enabling legislation codified in this section, provides no express guidance on the procedures or protections to be afforded in the Municipal Courts exercise of this jurisdiction. In the absence of r such express legislative direction, the municipality is essentially left to speculate on what was the legislative intent on such point. ' In that regard, I am of the opinion that the silence on the part of the Leglislature suggests an intent, even if unexpressed, that the procedure to be employed in the Municipal Court when exercising ~ jurisdiction over the juveniles in the delineated offenses, is the procedure and protections heretofore required of the District Court in it's exercise of such jurisdiction. Support for this position may be found in recognition that essentially the enabling legislation, as well as the agreement provided for therein, results ~ in the delegation to the municipality of jurisdiction possessed by the District Court. It is important to note in this regard that the District Court is_not divested of jurisdiction in the juvenile offenses but merely authorized by the enabling legislation to, by agreement, delegate same. Reason would suggest that the statutory ' procedure and protections now required of the District Court would likewise be required of the Municipal Court as a delegate to whom has been delegated or commissioned to act on behalf of the District Court in these categories of juvenile offenses. ~ With the foregoing in mind, reference to statutory provisions Mr. Rodney J. Ray February 5, 1993 Page 3 of the Juvenile Code of the State of Oklahoma, 10 O.S. Section 1101 et seq, in particular Section 1109 thereof, provides the following, to-wit: A. No information gained by questioning a child nor any evidence subsequently obtained as a result of such information shall be admissible into evidence against the child unless the questioning about any alleged offense by any law enforcement officer or investigative agency, or employee of the court, or the Department is done in the presence of parents, guardian, attorney, or legal custodian of the child. No such questioning shall commence until the child and his parents, or guardian, or other legal custodian have been fully advised of the constitutional and legal rights of the child, including the right to be represented by counsel at every stage of the proceedings, and the right to have counsel appointed by the court if the parties are without sufficient financial means; provided, however, that no legal aid or other public or charitable legal service shall make claim for compensation as contemplated herein. It is further provided that where private counsel is appointed in such cases, the court shall set reasonable compensation and order the payment out of the court fund. B. ...If the child is not otherwise represented by counsel, whenever a petition is filed pursuant to the provision of Section 1103 of the title, the court shall appoint a separate attorney, who shall not be a district attorney, for the child regardless of any attempted waiver by the parent or other legal custodian of the child of the right of the child to be represented by counsel. Reference to Section 1103 of Title 10 of the Oklahoma Statutes in particular Section 1103(b), provides the following, to-wit: B. A petition in a juvenile proceeding may be filed by the district attorney or the person who is authorized to make a preliminary inquiry to determine if further action is necessary. The proceeding shall be entitled "In the matter of an alleged (delinquent) (deprived), child or (a child alleged to be in need of supervision) or (a child alleged to be in need of Mr. Rodney J. Ray February 5, 1993 Page 4 treatment)". The petition shall be verified and may be upon information and belief. It shall set forth (1) with particularity facts which bring the child within the purview of Chapter 51 of this title; (2) the name, age and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian, if there be one; (5) the name and residence of the person or persons having custody or control of the child; (6) the name and residence of the nearest known relative; (7) the relief requested; and (8) the specific federal law, state law or municipal ordinance under which the child is charged, and an endoresment or witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child under Chapter 51 of this title. As may be gleaned from the foregoing, were a child to be dealt with by the District Court in a juvenile proceeding for violation of a federal, state or municipal law, such would result in application of the requirements of 10 O.S. Section 1109(b). Therefore, reason suggests that a proceeding in the Municipal Court pursuant to the Agreement For Municipal Court Jurisdiction Concerning Juveniles for the delineated offenses is in essence one and the same and would ~ allow no less. Accordingly, if one accepts the foregoing as a sound comparison, then one must assume that the statutory dictates above set forth would compel provision of counsel. Based upon the foregoing analysis, I am of the opinion that the municipality must provide counsel for a child charged in the municipal court pursuant to this assumption of jurisdiction if the child is not otherwise represented by counsel and it is found that ~ said child is without sufficient financial means by which to obtain counsel. Although provision of counsel to a child without ' sufficient financial means to obtain counsel may not, under existing United States Supreme Court pronouncements, be mandated by the Sixth and Fourteenth Amendments to the United States ' Constitution, I nevertheless am of the opinion that it is under the statutes of the State of Oklahoma. Accordingly, it is my recommendation to the City of Owasso, Oklahoma, that if the City is desirous of entering into the agreement for Municipal Court ' Jurisdiction Concerning Juveniles, then a procedure should be designed to assure provision of counsel to a child charged in the Mr. Rodney J. Ray February 5, 1993 Page 5 Municipal Court, pursuant to the assumed jurisdiction when such child is found without sufficient financial means to obtain private counsel. I hope the foregoing meets with yo r n ds at this time. Should you have any questions er commen~, co ~erning same, please do not hesitate to contact me. cerely, Ronald D. Cates City Attorney RDC/nhc ~oxArmuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER ~ SUBJECT: DISCLAIlVIER OF INTEREST IN CONDEMNATION PROCEEDINGS DATE: August 29, 1996 ii ii I~ BACKGROUND: This agenda item relates to a legal action taken by the state of Oklahoma (Department of Transportation) against the Osage Railroad Company. The action is to acquire property to construct or maintain state transportation system facilities. The City Attorney has reviewed the matter and can find no interest of the City of Owasso in and to any real property located in Osage County, Oklahoma. Therefore, Mr Cates has requested that the matter be placed on a City Council agenda for authorization to prepare a "Disclaimer of Interest" to be filed on behalf of the City as a recommended course of action. RECOMI\~IENDATION: The staff recommends the Council take action to authorize the City Attorney to file a disclaimer in the matter of the State of Oklahoma vs Osage Railroad Company. ATTACHMENT• 2. Correspondence from Mr Cates RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 918-582-7447 August 12, 1996 Rodney J. Ray City Manager City of Owasso P.O. Box 180 Owasso, Oklahoma 74055 Re: State of Oklahoma, ex rel. Department of Transportation vs. Osage Railroad Company -Case No. CJ-96-132 Dear Mr. Ray: FAX 918-582-0166 I enclose herewith an Amended Petition in Condemnation, a Report of Commissioners, as well as a Notice in Condemnation Proceeding transmitted to me by Marsha after such was duly served , upon the City. I reviewed this matter and discussed same with the attorney for the Department of Transportation as well as with Marsha Boutwell, City Clerk, and no one can apprise me of any interest the City of Owasso, Oklahoma, would have in and to any real property located in Osage ' County, State of Oklahoma. To protect the City's potential interest in this case, I have filed an Entry of Appearance. However, it does appear to me that the City has no interest and accordingly should file a Disclaimer of Interest in the proceedings and cease any further participation. If you concur with ' this recommendation, then I would request this matter be placed upon a convenient agenda for authorization from the City Council for me to file a Disclaimer of Interest in the proceeding. ~ Should you have any questions or comments concerning same, please do not hesitate to contact me. RDC aj s enclosures City Attorney IN THE-DISTRICT-COURT OF OSAGE COUNTY- STATE OF OKLAHOMA r ' State of Oklahoma, ex rel. ) Department of Transportation, ) ' Plaintiff, ) vs. ) ' Osage Railroad Company, a Subsid- ) ary of Southeast Kansas Railroad; ) Missouri Pacific Railroad aka ) MoPac; City of Owasso; City of ) Skiatook; Crain Feed and Farm ) Supply Company;.Skiatook Green- ~ ) ~ house; G&R Trucking.Inc.; Greenwood) Oil Company, Inc.; G&M Building ) Supply; and the Osage County ) Treasurer, ) Defendants. ) ca~~ , laa. FILED JUG 3 1996 gHARON CA6EBOLT. Cou ~e~ sy Case No. CJ-96-132 ~- , E -~ , AMENDED PETITION COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation (the "Plaintiff'), and for its cause of action against the defendants alleges and states as ^ follows: • 1. This action is instituted in the name of the State of Oklahoma, ex rel. Department of Transportation, as authorized by and in accordance with 69 Okla. Stat: 191 §1203. r 2. For the purpose of establishing, constructing and maintaining the State Transportation System in Osage- County, Oklahoma, it is necessary for the Plaintiff to 1 acquire an interest in the property hereinafter described on Exhibit "A", attached hereto and made a part hereof, excluding mineral interests but including airspace and including ~ the right to use and remove any and all roadbuilding materials.. The acquisition shall be in fee simple, unless specified otherwise in Exhibit "A" in which case the quality of title or ^ - interest to be acquired shall be as stated therein. The property is to be acquired for the ~ construction and/or maintenance of said State Transportation System or facilities necessary and incidental thereto. 3. Said property is situated in Osage County, Oklahoma. The above named defendants own or claim some interest in said .property. 4. Plaintiff further states and represents that it has made reasonable effort to secure by purchase, from the said defendants, the property hereinafter described in Exhibit "A", except in instances where there are nonresident owners, unknown heirs, imperfect titles and owners whose whereabouts cannot be ascertained with reasonable diligence. Plaintiff further asserts that the parties herein have failed to reach an agreement regarding Plaintiffs acquisition of said property. 5. An affidavit of need and necessity to acquire said property is attached, marked Exhibit "B", and made a part of this Petition. 6. Plaintiff further states that it is necessary for the State of Oklahoma to acquire said title or interest and all equivalent rights, title or interest in and to the light, airspace and view above -said property in order to accomplish the public purpose of constructing and/or maintaining a public transportation system and related facilities. Acquisition of this property- by Plaintiff excludes mineral interests. Said mineral interests may only be explored as provided by law and in a manner not inconsistent with the use of said property for public transportation service and other purposes incidental thereto. WHEREFORE, premises considered, Plaintiff prays that the Court appoint three disinterested freeholders of said County as Commissioners. They should be selected by the Judge of the District Court, as prescribed by law, and should not be interested in any .like question, The Commissioners should be instructed to inspect said property. described in Exhibit "A" and to consider and determine the dust compensation to which the said ' defendants as owners thereof, or those who profess an interest therein, are entitled by reason of the taking of said property. The Report of Commissioners should be filed with . the Court Clerk. Notice as prescribed by statute should be served by the Court Clerk upon r. all parties.. Upon deposit with the Court Clerk of the amount stated in the Report of ' Commissioners, Plaintiff is authorized to enter upon and take said property for its use as described. The final determination of all rights and issues of the parties should be made in the manner as prescribed by law. Respectfully submitted, ii STATE OF OKLAHOMA, ex rel. DEPARTMENT OF TRANSPORTATION By: BECKY D. McDOWN, OBA# 13138 Attorney for Plaintiff 200 N.E. 21sf Street Oklahoma City, Oklahoma 73105 (405) 521-2681 Leave granted to file this Amended Petition to correct the -legal description: rf `~~ -`~ Date J e of the District Court 10851(02) Parcels 85 & 85.1 06-27-96 Page 1 of 2 HIGHWAY EA.SBM~IT: A strip, piece or parcel of land lying in part of the SE/4 NW/4 of Section 22, T22N, R12E in Osage County, Oklahoma. Said parcel of land being described by metes and bounds as follows: Beginning at the southeast corner of said SE/4 NW/4, thence westerly along the south line of said SE%4 NW/4 a distance of 395.31 feet, thence northerly along the East boundary of the•Amended Wah-Sha-She Addition a> distance of 75.12 ::feet, ,hence::.N X88°56!.23 "E a distance of 391.8?'`~feet 'to .::.the East line ~ of said 'SE/4 NW/4, thence southerly along.~.~°said'y~Easti 'line a distance of 75.00 feet to the Point of Begi~nrii~ng.~ Containing 0.25 acres, more or less of new .right-of-way, the remaining area included in the above description being 0.43 acres of right-of-way occupied by the present highway. All bearings contained in this description are based on the Oklahoma P1ane.Coordinate.System and are not astronomical bearings. Also: A perpetual easement for the purpose of. opening and maintaining stream channel on the following described tract: • S: A strip.,... ,puce ~or parcel of land .3: in in. Y .: 9; part of .the SE/4: NW/4 of. -Sec~~°on=?2~;,:`` T22N_ `R12E~ :in: OsageCounty.,. -Oklahoma. Said parcel. of land-~'e~ig.~'described ~ by metes and bounds as ~ follows Beginning .at a point on the permanent North right-of-way line of State Highway No. 20 a distance of 251.65 feet westerly and '-75.00 feet northerly of the southeast 'corner of said SE/4 NW/4, thence S 88°56'23"W along said right-of-way'-line. a .distance of 50.08 feet; thence N 02°'08'56"E a distance of. 266.88 feet to a point on the Eastern =boundary of...ttie ~Aitt'ended` Wall-Stia=She ~~1ddi~tion ~to the' C•it of Skiatook, .. thence.. easterly~`~albng~ s"aiS boundary a distance of 10.,0.0 feet.,...thence_ nor:therly...along ,said. boundary a distance of 723.35. feet,. ~.then.ce:.S .87°51!04"E a distance .of 40.OO.Feet, thenc S 02°.08'56"W a distance of 987..43 feet to the Point of Beginning. Conta~in`i=ng 0.97 acres, more • or less . All bearings contained in this description are based on the Oklahoma Plane Coordinate System and are not astronomical`bearings. 10851(02) Parcel 85.2 06-27-96 Page 2 of 2 ' Also: A temporary easement for the purpose of constructing a detour on the following described-tract: ~ A strip, piece.: or parcel of land .lying in part of. the SE/4 NW/4 of Section22,.'T22N;, Ri2E in .Osage: County, ~Ok-lahoma. Said~~parcel of land being~~descrihed" by =metes ~an~d "bounds as follo~rs Beginning at the point on the permanent North right-of-way line of ~•• State Highway No. 20 a. distance. of. 75.00 feet northerly of -the southeast cornea of.said : SE/4 NW/~i., ~:: thence S; 88°56' 23"W along said ' right of-way ;lzr~e .a>.cli~tance~of~ :3'93.':87 `:-feet.,: ~thelce :: northerly along the~-~~ast~:boundary of ~`the_~ Amended"Wah=Sha=She Addition a distance of 41.93- feet; thence N 88°56'23"E~a distance of 389.95 feet to ~ the East line of said SE/4 NW/4; thence southerly along said East line a,distance of 41.86 feet to the Point of Beginning. Containing 0.38 acres, more or less. " A11 .beatings;.~conta`ned :in this description. ar~_, based<:,on;.ahe Oklahoma Plane~3oord~ate ~Sys~tem~ and are not .ast_ronomcal .~earings~. This temporary easement will. automatically expire .at the completion of construction upon this highway project. .. 1 i i 10.851(02) Parcel 88 06-27-96 HIGI3WAY BASEMENT; A strip, piece or parcel of land lying in part of the NE/4 SW/4 of Section 22, T22N, R12E in Osage County, O~kiahoma. Said parcel of land being described by metes^and bounds.as`fol3ows: Beginning at the northeast corner of said NE/4 SW/4; thence aout~ierly along said~~East line a~distance of 50:00 feet, thence S 88°56'23"W a distance of •397.94 feet to the East rightrof-way line of=Locust Street, thence northerly alonga_said.,East rightrof-way: line...a..distance . .. of ~:50:A8~feet, ~~thence Yeasterly<~alnng~fit~Yie worth wine` of said ~ NE/4 SW/4 a d~~starice~:of.• 395.31. ~`feet~ to~'the~uPoint~ ~of= 'Beginn'ing. Containing 0.15 acres, more or less of new right-of-way, the rPma;n;nq area included~in the above description being 0.31 acres of right-of-way occupied by the present highway. All bearings contained in this description are based.on the Oklahoma Plane Coordinate System and are not astronomical bearings: .. .. :_ :. . ..- ~ ~: Page 1 of 2 - ~ - ~ • 1085.1(02)= Parcel 89, 89 • I, 9G. a Revised 5-31-96-- :IGHWA3C - EASEMEiQ'r: ,rip, piece~or parcel of land lying in part of Lot 2 of Section 22, T 22 R i2 E, in Osage County, Oklahoma. Said parcel of land being described y fetes and .bounds. as follows: nginning at the.. Southeast corner of said Lot 2, thence Westerly along the w*'h line ~f• said-.L-ot• 2 a distance of 891.24 feet to the West line .of said ~t 2, .~t~ence~~Iortherly along; said .West line: a..disianceK-of; 75.00`''feet, zeuce i~I ~g~°~~~x3~ ~ :a tae of ri83::E1. feet,' ~thence.~S~'~01°.0337" -E a :.stance=of;.~~OD:~`~~et,. t~ence~-:~~8~°~6:`.23•`-~E a;_distance- •of 236~~4~0;:feet., ie ce~-South"-=a .distance of 18:36 ~feet.~'to .a ~oi.ht'•~onYthe present_~IZorth right- -..ay line of State Highway I~Io. 20, thence East along said right-of-way ~e .a distance : of 100.. OO.,. feet, thence-; Plorth a distance . of 19.52 -feet, ~e oe~.DIitz88°,,,56~23~y,.~ a distance of 470.75 `feet- to a ~~point on the East line ~~ ~ ~d'~ot ~ ~"~ience~~ Saudi alongKsaid~-:East dine ~a distance of 60.00 feet to Yiiti-of fsbeq;~nn~3i~x-~. • ~ ~ . n~ pining eluded in 0.39 acres, more or less of new right-of-way, the remaining area the .above description being right-of-way occupied by the present 11 bees=ings~.contained in .this .descripton are based on 'the .lane .O;aoiY33nat-c~~t~~r~n~ ~c~e ~o~~t~conomi :: ... .~.~ , ,, ~a.3:.. bear-ings . ys~~ A tempo=ary-easement for~the purpose of constructing ~adway and'. dTiveFray. on the following described tract: :r.ip_, :.pi'ece ~-or ~ arcel f 1 - Oklahoma State a . .p, o and. lying;; in part of Lot.2 of Section 2 ~ 1~~=1~I,~~ R1~2E~ inOsage County, Oklahoma. Said parcel of~ land being Ascr.~~ie~~~~-:~o~.~lows : inng:~ at-: a point on the permanent North right-of-way line. of :~ H•ghwa~r.:No._ 20 a distance' of b0.00 .feet northerly of the feast corner of said Lot~2,.thence S 88°56'23"W along said of-way line a distance of 65.89 feet.,.thence N 00°34'43 "W a inee of 57.86 '.feet, .thence N '88°96' 23 "E a distance of 65.89 tv' .a~ -point on the East line of said Lot 2, thence southerly ~~•said east line a distance. of 57.86 feet to the Point of nines. - fining 0.09 acres, more or less. bearings contained in this description are based on the ,oma Plane Coordinate System and are not astronomical bearinQS. temporary easement will automatically expire a~ the Letion of construction upon this highway project. Pale 2 of ? 10851(02) Parcel 89.2 04-15-96 Also: A temporary easement for the purpose of constructing a detour on the following described tract: A strip, piece or parcel of land lyinc in part ~f Lot .2 of Se=ion 22, T22N, r._ZE.in Osage County, Oklahc-=. Said _~arcel of land oeing described by metes and bounds as follc~-~: Beginning at a po_::t on the permanent Nortr. right-of-way line of State Highway No. 20 a distance of 75.00. feet northerly. of the southwest corner of said Lot 2, thence N 88°56'23"E-along said right- of-way line a distance of 83.81 feet, thence N 64°24'05"W a distance of 93.30 feet. to the Wes t. line of said Lot 2, thence southerly along said West line.~,a =distance of .41.86 feet to: the .Point of Beginning. Containing 0.04 acres, more or less. All bearings contained in this description are based on the Oklahoma Plane Coordinate System and are not astronomical bearings. This temporary easement will automatically expire at the completion of construction upon this highway project. w ^ r 1 1 1 1 1 1 1 STATE OF OKLAHOMA - ) ss.: "EXHIBIT B" COUNTY OF OKLAHOMA ) MIKE BORELLI, of lawful age, being first duly sworn, deposes and says as follows: That I am employed as Chief of the Right-of-Way Division by the Oklahoma Department of Transportation, and as such, am in charge of the securing of all necessary realty required in the construction and maintenance of the State Transportation System designated by the Oklahoma Department of Transportation. That at this time it is necessary to acquire the aforementioned interest(s) in the tract(s) of land~as hereinbefore described, in order to economically construct and maintain a section of the State Transportation System, and facilities incidental thereto. That the Transportation Commission has determined that a public necessity exists for such acquisition of the property legally described in the sheet attached hereto; that representatives of the Department of Transportation have- been unable to effect a reasonable and amicable settlement with the property owrer-s except in instances where there are nonresident owners, unknown heirs, imperfect titles and owners whose whereabouts cannot be ascertained with reasonable diligence. -O-~c MIKE BORELLI SU SCRIBED AND SWORN .TO before me by the above named on this 13~J-~ day of ~. , ~ gg G 'ri l c U:= GKLAF~C\~,1 ~ S5, a~,UiJTY OF OSAGE • SHARON CASEBOLT, COURT CLERK, In a r.• . ._2ae County, Oiclr:h^ma, d~ hereby certif a ,:~,~,va and icreaeirp is a true, correct ~a omo - w , of the or:;a~nal now on`i1e in rh~r~~ :i MOOre, Notary Public My Commission ~~cp,U~,s,: Oklahoma, as the same appears of record. April 16, 1999 yitness my hand and otficlal seal this ~' . _ - cf - 19~`' SH" ~ CAS OLT, COU T CLE.r~K n•. r +1 1N THE DISTRICT COURT OF OSAGE COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff, OSAGE RAILROAD CO., A SUBSIDIARY OF SOUTHEAST Y.ANSAS Rr'~ILRvAD; MISSOURI PACIFIC RAILROAD A.K.A. MOPAC; CITY OF OWASSO; CITY OF SKIATOOK; CRAW FEED & FARM SUPPLY, Defendants. ii ,lti ~ Fw ~ -~ ~ 1y~6 .i~ swan;rar.::s~r.~.....~...-~.,..-~...w.. No. CJ-9G-132 ENTRY OF APPEARANCE, EXCEPTION TO REPORT OF COMidIISSIONER5 AND DEMAND FOR JURY The Town of Skiatook, one of the defendants in the above styled proceeding, no~v takes exception to the Report of the Commissioners filed in this case on July 22, 1996, and demands trial by jury of all issues presented. Dated this 31st day of July, 1996. i i i Jay C. Baker O.B.A. No. 0448 Attorney for the Defendant, The Town of Skiatook 222 West Eighth Street Tulsa, Oklahoma 74119-1404 (918) 587-1168 r ~.. Certificate of ~$'ervice I certify that on the 31st day of July, 1996, I mailed a copy of this document to the fallowing individuals, postage fully prepaid: Osage Railroad Company Charles Webb, President 315 W. 3rd Street Pittsburg, Kansas 66762 Missouri Pacific Railroad a/k/a Mopac Ron Bums, President -1416: Dodge. Street, .Room ] 100 Omaha, NE 68179 City of Owasso Charles L. Burris, Mayor 207 S. Cedar P.O. Box 180 Owasso, OK 74055-0180 City of Skiatook Don Branscum, Mayor 110 N. Broadway P.O. Box 399 Skiatook, OK 74070-0399 Crain Feed & Farm Supply Company Lee Crain 200 N. Osage Skiatook,, OK 74070 Skiatook Greenhouse Wade Neil , 200 N. Osage ~ Skiatook, OK 74070 G&R Trucking Inc. Glen Davenport 101 E. Kogers Blvd. Skiatook, OK 74070 Osage Railroad Company C1~arles Webb, President 3 i 5 West'3rd~ Pittsburg, KS 66762 Greenwood Oil Company, Inc. Ron Greenwood, President P.O. Box 309 Skiatook, OK 74070 G&M Building Supply Virgil Gardner, General Partner 310 West Rogers Skiatook, OK 74070 Joyce Hathcoat, Treasurer Courthouse Pawhuska, OK 74056 Jay C. Ilaker IN THE DISTRICT COURT OF OSACE • COUNTY, STATE OF Oi:LAIIOtIA. ~= ~ STATE OF OKLAHOMA' EX REL DFPARTf~IF'NT nF TRATV.SA'1RTATTnN ) =~,`~ - PLAINTIFF, ) -;,~ ) . ,: ~; ~ ~ :~ ; '~>.tr " OSAGE RAILROAD CO. , A SUBSIDIARY OF • ) N0. CST-96-13~ ._,_.-.- SOUTHEAST KANSAS RAILROAD; MISSOURI ) ' PACIFIC RAILROAD AKA MOPAC; CITY OF ) _ OWASSO; CITY OF SKIATOOK; ~RAIN,FEED ) & FARM SUPPLY CO.; SKIATOOK GREENHOUSE; ~~~~ G&R TRC~CKING INC.: GREENWOOD OIL CO. ~»~'~ G&M BLDG SUPPLY & OSAGENOTICE IN COiJDEPII9ATI0N PROCEEDING • :~f: CO. TREASURER , ~~~ ~' ~ ****** SEE ATTACHED LIST***** You will take notice that court-appointed commissioners (appraisers) filed in this case their report on JULY 22 , 19~ 6 A copy of this ou have an interest, is attached to h hi i y c n w report, as it pertains to the tract this notice. If you wish to present a legal challenge to the attached report or con- - test the condemnor's right to take, you or your lawyer must file a written excep thirty (30) days after th an tion to it in this office at the courthouse not later Should you desire a fury trial on the d fil . e the date the attached report was amount of damages to be awarded, you or your lawyer must file a written demand for "~ it in this office at the courthouse not later than sixty (60) days after the date ~1 the attached report was filed. You are advised that in computing the time limits for filing the papers b e mentioned in this notice the date the couunissioners' report was filed is to excluded and the last day of the prescribed period included. o file an exce tion to the attached report yr a demand If you fail t P that is for fury trial within. the time limits given in this notice, your .property ted in st a sought to be taken in this case may pass to the condemnor for the amount the attached commissioners' report. ~ ' PAWHUSKA, OK. 7/22/96 •P (name of town and date of notice) ~' II IN THE DISTRICT COURT OF OSAGE COUNTY STATE OF OKLAHOMA 1a State of Oklahoma, ex rel. ~ Department of Transportation, ii ii Defendants. {1-su~~• _-- -FILED JUL 2 2 1996 SHAKO A B T, CoupePe~ ~, By . Case No. C }' a ~ ~ (3 a- REPORT OF COMMISSIONERS COME NOW the undersigned Commissioners appointed by the Judge of this Court w to inspect the property described in Exhibit "A" and to determine the amount of just r ~' compensation due the defendants by reason of the taking of the property. Said taking is vs. Plaintiff, Osage Railroad Company, a Subsidiary of Southeast Kansas Railroad; Missouri Pacific Railroad aka MoPac; City of Owasso; City of Skiatook; Crain Feed and Farm Supply Company; Skiatook Greenhouse; G & R Trucking Inc.; Greenwood Oil Company, Inc.; G & M Building Supply; and the Osage County Treasurer, in fee simple, unless specified otherwise in Exhibit "A" in which case the quality of title or interest to be acquired shall be as stated in Exhibit "A", including airspace but excluding -' mineral interests and including the right to use and remove any and all roadbuilding materials. The appropriation is for public purposes by the Department of Transportation W of the State of Oklahoma. We, the undersigned, respectfully submit the following Report, to-wit: The undersigned Commissioners were and are disinterested freeholders of Osage rested in an like uestion. On the ~ day of County, Oklahoma. We are not ante y q 199, we took the oath prescribed by law, and proceeded to inspect the property described in Exhibit "A". We further report that we have considered and determined the just compensation f to which the defendants are entitled by reason of the taking of the property by the Plaintiff. We have considered the value of the property or rights or interest therein taken excluding ' 't "A". We do hereb assess the just ~~ any mineral interest other than as is set forth in Exhibi Y compensation due said defendants by reason of the taking of the property and in accordance with the Instructions to Commissioners, we find: ~23~ Z~~ ' Before Value of entire property ~~ LESS After Value of remaining property ~ 5 Z~ ? ~~ '/ ~~ ; ~ ESTIMATE OF JUST COMPENSATION $ ~`~ IN ITNESS WHEREOF, we have hereunto set our hands on this ~ 1~ day of ~ ,199tO. COMMISSIONERS: +~ ~~ L~-~.