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HomeMy WebLinkAbout2004.07.26_Sales Tax Watchdog Committee Agenda4 PUBLIC NOTICE OF THE MEETING OF THE OWASSO SALES TAX WATCHDOG COMMITTEE TYPE OF MEETING: DATE: TIME: PLACE: Regular July 26, 2004 7:00 PM Council Chambers Old Central 109 N. Birch Owasso, OK Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Tuesday. Julv 20.2004_ AGENDA 1. Call to Order Mr. Ray 2. Roll Call Ms. Stevens 3. Election of Chairman Mr. Ray 4. Election of Vice Chairman Chairman 5. Review Creation, Purpose, and Duties of Sales Tax Watchdog Committee Mr. Ray 6. General Discussion of Projects and Status Report Ms. Stagg 7. Presentation and Discussion of Financial Reports Ms. Bishop 8. Request Approval of Project Completion Reports Ms. Bishop 9. Consideration and Approval of Progress Report for Public Distribution Ms. Bishop 10. New Business 11. Adjournment tj MEMORANDUM TO: THE SALES TAX WATCHDOG COMMITTEE CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: SALES TAX WATCHDOG COMMITTEE PURPOSE, DUTIES, AND RESPONSIBILITIES DATE: JULY 22, 2003 BACKGROUND: The Sales Tax Watchdog Committee was initially formed as a part of the 1988 sales tax extension bond election. The purpose for its formation was to provide a body of representatives from various interest groups within the Owasso community to monitor the use of the designated "third penny" of local sales tax. In the Spring of 1991, a minimum criteria was established for appointments to the Committee. This was necessary to insure the integrity of the makeup of the Committee as established by a vote of the people. A policy providing criteria and a guideline for selection would eliminate as best as possible any arbitrary selection and further the representative make -up of the Committee. On May 15, 1991, the Council approved a policy relating to appointment of Committee members from certain predetermined vocations. On October 14, 2004, the voters of Owasso approved a ballot measure that, in part, removed any cessation of the "third penny" sales tax absent future action on the part of the Council or the voters themselves. The Sales Tax Watchdog Committee was essentially re- established as a part of the proposition approved by the voters. In furtherance of this electoral mandate, staff conducted a review of the previous policy to "shore up" any areas that had proven to be problematic. The area in greatest need of revision involved when a member ceases to hold a membership position on the Committee. Over the years questions had arisen concerning the status of members who had either moved from the City without notice to City Officials or members simply not attending meetings. This uncertainty resulted in a Committee without full membership participation and consequently without full community representation as intended. A Policy Statement recently adopted as a part of a reconstituted committee delineates the events which serve to create a vacancy. In this regard the events chosen are, to -wit: absence from meetings, residency and cessation of activity within the appointive category. Also recently approved was the creation of a new category, i.e., Service Industry, and a reallocation of the number of positions within the categories to accommodate the changes. This was proposed as a means of providing more representation to the ever - increasing service sector of the City's economy without numerically sacrificing any person(s) with interests in the economic betterment of the community. Attached for your review are several "Historical" documents as well as the most recent policy statements adopted by the City Council. DUTIES AND RESPONSIBILITIES OF THE COMMITTEE The Owasso Sales Tax Watchdog Committee is charged with monitoring the expenditure of the proceeds from the "third penny" sales tax approved by the citizens in 1988, 1997, and 2003. Additionally, the committee is responsible for "reporting" to the public (in any manner deemed appropriate) the use of those funds and any other information the committee believes the public should know. Traditionally, the committee has monitored the expenditure of funds by reviewing staff reports relating to the various projects, reviewing the expenditure of funds for the projects and on occasion visiting those projects to ensure their progress is accurately reported. Subsequent to those reviews, the committee has also issued a "report" to the public on a semi - annual basis. That report is sent to the Owasso Reporter and is published for citizen review and information (a sample "report" is attached). Based on the language of the ordinance and the language contained in the propositions which the voters approved, the committee is simply charged "with oversight given by the Citizens' Watchdog Committee established by the City Council" (Ordinance 763, Section 5- attached). The extent of such oversight and the manner in which it is provided is left to the committee to determine. There are certain city staff members who can act as resources for the committee by providing information and responding to questions the committee may have. Those staff members include Sherry Bishop, City Finance Director; Ana Stagg, Public Works Director; Tim Rooney, Assistant City Manager; Ron Cates, City Attorney; and I am always available to meet and discuss any issues. In an effort to ensure clarity of purpose, it is often just as important to define those activities a group is not charged to perform as it is to list the duties to be performed. In this case, it may be helpful to do just that. The Watchdog Committee is not formed to give direction relative to what projects or project priorities should be established or funded. There is not authority for the committee to reject a project or any other kind of action relating to a project approval. The committee is not authorized or empowered to inspect ongoing construction or to stop, change, or modify the scope of work on a project. Generally, the committee is not given the authority or intended to act in the areas of project selection, quality control, or project administration. LIABILITY EXPOSURE Most people who volunteer their time to a public purpose eventually inquire as to the extent of their personal liability exposure as a result of that service. Generally, there is very little actual liability exposure to a citizen due to their service. As a rule the liability exposure of a person is limited to occasions that involve a deliberate conspiracy to violate the law pertaining to the conduct of municipal business as well as acting in a manner that one knows is outside of ones authority. Since this committee has no authority to expend public funds or approve expenditures, such exposure is further limited. While it cannot be stated that there is no exposure, it is a fact that no citizen has ever been involved in a lawsuit as a result of their service to the City of Owasso on a board or commission. E s E Mr. Ron Cates, City Attorney, will be present to answer any questions relating to liability exposure. OPEN MEETING ACT The City and its committees are charged with the responsibility of compliance with the Oklahoma Open Meeting Act. Generally, the Act requires that all meetings of any body have an agenda, that the agenda be "posted," and that no item or issue be discussed during the meeting unless it is listed on the agenda. Additionally, the Act prohibits a "majority" of a body to gather and discuss any of the committee's business outside of a meeting wherein the agenda of the meeting has been "posted." Mr. Cates will also provide a brief overview of the "Open Meeting Act" during the July 26 meeting. There is attached, for your review, a memorandum from Mr. Cates that provides a more detailed review of this Act. SUMMARY It is the duty of the Owasso Sales Tax Watchdog Committee to provide a forum for oversight and a vehicle for reporting on the use of funds provided by the "third penny" sales tax. The committee is charged to report to the public that funds from the "third penny" are spent in a manner consistent with that which the voters approved. Terms of the committee members are indefinite and members can only be replaced according to policy adopted by the City Council. Capital projects are proposed by the Capital Improvements committee, approved and adopted by the City Council, and reviewed by the Watchdog Committee. ATTACHMENTS: 1. List of Committee Members 2. City Council Policy Statement Relating to Membership 3. Ordinance #763 4. Memorandum relating to the "Oklahoma Open Meeting Act" 5. Sample "Report" to Citizens 6. Staff Contact Information 3 POLICY STATEMENT OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA April 7, 2004 The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax Extension for the purpose of providing a body of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny of local sales tax. Individuals from the representative group as well as from at large are appointed to this committee by the Mayor and confirmed by the City Council. Such persons are charged with meeting on a regular basis to review the status of capital improvement projects funded by the third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as well as the subsequent approval of such ordinances by the qualified electors of the City of Owasso assured a continuation of the Sales Tax Watchdog Committee and the oversight given by such committee. In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee, the City Council of the City of Owasso adopts the following criteria as guidelines for the future appointments to the Owasso Sales Tax Watchdog Committee. Each appointee must be a resident within the area defined as the Owasso fenceline and/or school district (herein referred to as the "service area") and must not be presently serving in any elective or other Council appointive position with the City of Owasso; 2. NEWS MEDIA APPOINTMENTS -An individual who conducts media - related activities within the service area as their primary career or business; 3. RETAIL BUSINESS APPOINTMENTS- An individual who operates a retail outlet, that being a business conducting direct sales to the public within the service area; 4. SERVICE BUSINESS APPOINTMENTS -An individual who operates a service business, that being a business providing direct services to the public within the service area; 5. EDUCATION APPOINTMENTS -An individual employed by and actively engaged in an Owasso school, either as an administrator or a teacher, and who resides in the service area; 6. RECREATION APPOINTMENTS -An individual who is an active member of an organized group promoting the development of amateur sports and recreation in the service area; 7. BUILDING INDUSTRY APPOINTMENTS -An individual who is engaged in real estate improvement consisting of construction and/or development and having his /her primary business within the service area; 8. SENIOR CITIZEN APPOINTMENTS -An individual who has attained the age of 60 years or more and who reside within the service area; 9. FINANCIAL APPOINTMENTS -An individual who is an officer or employee of a financial institution engaging. in banking, the brokerage of stocks or bonds, or other major financial activity within the defined service area; and, 10. MEMBERS AT LARGE APPOINTMENTS -An individual who is a resident within the Service area. The Sales Tax Watchdog Committee shall consist of fourteen (14) members selected from the following, News Media---- - - ---- ---One Position Retail Business--- - - - - -- -Two Positions Service Business - - - -- -Two Positions Education--------- ---- -- -One Position Recreation----- - - - - -- -One Position Building Industry- --- ---One Position Senior Citizen- - - - - -- -One Positions Financial --------- -- - - -- -One Position Members at Large - - ---- -Four Positions. A vacancy in any appointed position is hereby declared to exist upon the occurrence of any of the following events, to -wit: Any appointee absent from one -half (1/2) of all regular or special meetings in any twenty -four (24) consecutive month period; 2. Any appointee who moves his /her residence out of the service area; or, 2 3. Any appointee who is no longer employed or engaged in the category from which he /she was appointed. The City Council shall be the sole judge of the qualifications of the appointees. Once a vacancy has been determined to exist by the City Council, the City Council shall appoint an individual possessing the requisite qualifications to serve from the respective category on the Sales Tax Watchdog Committee. The Sales Tax Watchdog Committee shall meet not less than two (2) times per fiscal year. Such two regular meetings are hereby set for the fourth Monday of January and the fourth Monday of July, and thereafter the fourth Mondays in January and July of each succeeding year thereafter. J EO ORDINANCE NO. 763 CITY OF OWASSO AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA RELATING TO REPLACING AND SUPERSEDING ORDINANCE NO. 326, AS AMENDED; REMOVING STATED TERMINATION DATE OF EXCISE TAX LEVIED BY ORDINANCE NO. 326, AS AMENDED; PROVIDING FOR THE PURPOSE OF THE PROCEEDS OF SAID ONE PERCENT (1 %) EXCISE TAX; PROVIDING FOR THE EFFECTIVE DATE OF SAID ONE PERCENT (1 0/6) EXCISE TAX; PROVIDING FOR SUBSISTING STATE PERMITS; PROVIDING FOR PAYMENT OF TAX; PROVIDING THAT. THE ONE PERCENT (1 %) TAX REPLACES THE ONE PERCENT (1 1/6) TAX CURRENTLY LEVIED; PROVIDING FOR AMENDMENTS TO THIS ORDINANCE; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE ARE CUMULATIVE AND IN ADDITION TO ANY AND ALL TAXING PROVISIONS OF OTHER CITY ORDINANCES; PROVIDING FOR NO REPEAL OF TAX; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA AS FOLLOWS: Section 1. Citations and Codification. This Ordinance shall be known and may be cited as the City of Owasso Sales Tax Ordinance of 2003, and the same shall be codified and incorporated into the Code of Ordinances, City of Owasso, Oklahoma. Section 2. Replace and Supersede Ordinance No. 326. as Amended. This Ordinance No. 763, subject to approval by a majority of the qualified electors of the City as set forth in Section 6 hereof, shall replace and supersede in all respects Ordinance No. 326 of the City dated April 19, 1983, as amended by Ordinance No. 326, Amended, dated May 5, 1983, as further amended by O Ordinance No. 395 of the City dated August 18, 1988, and as further amended by Ordinance No. 553 of the City dated August 11, 1997 (collectively, the "Prior Sales Tax Ordinance "). Section 3. Tax Imposed. There is hereby imposed an excise tax of one percent (1 %) to be levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax Code. The excise tax imposed pursuant to this Ordinance No. 763 represents a continuation of the excise tax levied pursuant to the Prior Sales Tax Ordinance and does not represent an increase in the percentage of excise tax over what is currently levied by the City. Section 4. Removal Termination Date of Tax. The Prior Sales Tax Ordinance has a stated termination date of October 31, 2007. The excise tax levied by this Ordinance No. 763 has no stated termination date. Section 5. Purpose of Revenues. It is hereby declared to be the purpose of this Ordinance to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects; said projects to be reviewed by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council, and subject to competitive biddmg as required by law. Any amounts in the apr uture un accumulated prior to the effective date of this Ordinance shall be immediately released for the purposes set forth above. Section 6. Effective Date. The provisions of this Ordinance shall become effective on and after October 14, 2003, subject to approval by a majority of the qualified electors of the City voting on the same in the manner prescribed by law. Section 7. Subsisting State Permits. All valid and subsisting permits to do business issued by the Oklahoma Tax Commission pursuant to the Oklahoma Sales Tax Code are, for the purposes of this Ordinance, hereby ratified, confirmed and adopted in lieu of any requirement for an additional city permit for the same purpose. Section 8. Payment of Tax. The tax herein levied shall be paid to the Tax Collector at the time and in the manner and form prescribed for payment of the state sales tax under the State Tax Law of the State of Oklahoma. Section 9. This Tax Replaces Tax Currently Levied; Administrative Procedures. The tax levied hereby replaces and supersedes the tax levied pursuant to the Prior Sales Tax Ordinance, but is in addition to any and all other excise taxes levied or assessed by the City; provided, however, that those provisions of existing City sales tax ordinances relating to Definitions; Tax Collector Defined; Classification of Taxpayers; Subsisting State Permits; Exemptions; Other Exempt Transfers; Tax Due When— Retums -- Records; Tax Constitutes Debt; Vendor's Duty to Collect Tax; Returns and Remittances - Discounts; Interest and Penalties -- Delinquency; Waiver of Interest and Penalties; Erroneous Payments - -Claim for Refund; Fraudulent Returns; and Records Confidential shall apply to the excise tax levied and assessed by this Ordinance. For purposes of this Ordinance, references in existing City sales tax ordinances to specific provisions of the Oklahoma Statutes shall be deemed to be references to said statutory provisions, as amended. Section 10. Amendments. The people of the City of Owasso, Oklahoma, by their approval of this Ordinance at the election hereinabove provided for, hereby authorize the City by Ordinance duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforcing this Ordinance as may be necessary or proper for efficiency and fairness or in order to make the same consistent with the Oklahoma Sales Tax Code, as amended, except that the rate of the tax herein provided for shall not be changed without approval of the qualified electors of the City as provided by law. Section 11. Provisions Cumulative. The provisions hereof shall be cumulative and in addition to any and all other taxing provisions of City Ordinances. Section 12. No Repeal of Tax. This Ordinance and the excise tax levied pursuant hereto shall not be repealed by the City Council of the City or by referendum of the registered qualified voters of the City in the event the proceeds of the referenced excise tax are being used or have been pledged by the City or any public trust having the City as beneficiary for the purpose of paying debt service on obligations issued by the City or any public trust having the City as beneficiary. Section 13. Severabilitv. The provisions of this Ordinance are severable, and if any part or provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof. PASSED AND APPROVED this 5`h day of August, 2003. (SEAL) ATTEST Marsha Hensley, Deputy City Clerk APPROVED AS TO FORM: n P. Gray, City o CITY OF OWASSO, OKLAHOMA By: Cochran, Mayor MEMORANDUM TO: THE MEMBERS OF THE OWASSO SALES TAX WATCHDOG COMMITTEE FROM: RONALD D. CATES CITY ATTORNEY SUBJECT: ORIENTATION MEETING - OPEN MEETING ACT, 25 O.S. Sec. 301 et seq. DATE: JULY 26, 2004 BACKGROUND The Oklahoma Open Meeting Act is a series of statutes enacted "to encourage and facilitate an informed citizenry's understanding of the governmental processes and governmental problems ". 25 O.S. Sec. 301 et. seq. In pursuit of these goals, the Open Meeting Act (the "Act ") imposes a number of requirements on public bodies holding meetings. Among other things, it requires public bodies to: (1) provide advance notice of the date, time, and place of meetings and of matters to be considered at those meetings; (2) hold open meetings at times and places that are convenient and accessible to the public; (3) record individual member's vote on matters considered; (4) take minutes of meetings; (5) hold executive sessions (inaccessible to the public) only for specific purposes; and, (6) refrain from holding informal gatherings of a majority of board members in which the public business is conducted or discussed. Clearly it is the intent of the Act to ensure that all public meetings are conducted openly so that citizens can view the actions of their local government.The Act provides that the actions of any public body taken in willful violation of any of its requirements are void. As a result, familiarity with the Act is essential to any public body that seeks to operate effectively. DISCUSSION The requirements of the Open Meeting Act are focused on four general areas: 1. When the requirements of the Act are triggered; 2. What actions must be taken before meetings, 3. What procedures must be followed during meetings; and, 4. What consequences may ensue from violations of the Act. Application of the Act As a general proposition, it is submitted the Open Meeting Act applies to public bodies holding meetings. In that regard, as relates to the Owasso Planning Commission, it is noted that, "[a]ll boards, bureau, commissions, agencies, trusteeships, authorities, councils, committees, public trusts or any entity created by a public trust, task forces or study groups that are: a. supported in whole or in part by public funds; b. entrusted with the expending of public funds; or, c. administering public property ", are considered as being public bodies. Accordingly, it is submitted that the Owasso Planning Commission is a "public body" as defined by the Act. The second general factor necessary to trigger the Act is that the public body in question hold a meeting. The Act defines the term "meeting" as the "conducting of business of a public body by a majority of its members being personally together," or when authorized by the Act, "together pursuant to a teleconference ". The Act's definition of a "meeting" is sufficiently broad to include not only an officially scheduled, formally convened gathering of a public, but also any gathering where a majority of the body's members are personally present and conducting business. The "conduct of business" includes not only the taking of official action, but the entire decision making process in which the public body is engaged, including mere discussion and deliberation when no final action is taken. As a result, informal gatherings of a majority of members of a public body trigger the requirements of the Act whenever public business is discussed. Pre - meeting Notification The Open Meeting Act imposes two general requirements upon public bodies prior to the holding of a public meeting. First, the public body must provide to specific public record keepers notice of the time, place, and date that the meetings will be held. This notice must occur within specified time periods and must contain certain information. N EO Secondly, a public body must post the date, time, place and agenda for meetings. Both of these requirements are the foundation of the Act. Course of the meeting The Open Meeting Act also requires certain procedures to be followed during meetings of the public body. The Act's requirements address -the places where meetings may be held, the manner in which votes must be cast and recorded, the manner in which executive sessions may be used, the way in which items of new business may be discussed, and the way in which meetings may be continued or reconvened. Consequences of Noncompliance The Act proscribes that " f a]ny action taken in willful violation of the act shall be invalid." Additionally, the Act provides that willful violations shall constitute a misdemeanor. The lesson to be drawn from the broad way in which the phrase "willful violation" has been defined is that any violation of the Act, no matter how technical it may seem, may lead to the voiding of actions taken by the public body and, possibly, to criminal prosecution. 3 SALES TAX PROJECTS Sales Tax /Capital Future /Revenue Bonds BOND PROJECT FUND - October 1997 Election Progress Report #11 Dated 6/30/03 PROJECT Budget Expended Design Bid Construction Streets: ODOT - 86th & Main 86 & Mingo Intersection* 86 & 145 E Ave Intersection N Main (1 st to 9th) ODOT - 76th & Hwy 169 Streets & Intersections Project: 76 & 129 E Ave Intersection 116 & Garnett Intersection 86 & 123 E Ave Intersection 86 (Main to Mingo) Streets Resurfacing Project: Atlanta (3rd to 11th) Carlsbad (3rd to 7th) & Beaumont 129 E Ave (High School to 93) 11 Str (Main to Cedar) 919,192 919,192 88,589 8,805 920,000 443,198 186,214 186,214 601,023 ;.601,023 1,614,026 1,614, 026 X X 966,581 966,581 �' 0 0 Facilities: City Hall /Police Station 4,180,439 4,180,439 Community Center 100,205 100,205 Sports Park: Parking Lot 88,779 88,779 Restroom 85,000 85,000 Four -plex & Soccer Fields 302,901 302,901 Administration: Project Manager Salary 125,909 125,909 Architect/Engineer Fee 721,488 721,488 Program Management Services Fee 321,114 321,114 Available: Contingent Project 0 0 Total $ 11,221,460 $ 10,664,874 FY 2002 -2003 CAPITAL IMPROVEMENTS FUND PROJECTS PROJECT Budget Expended Computerization 624,377 517,898 Engineering - Street projects 550,000 333,499 Engineering - Water system 470,000 131,685 Hwy 169 Enhancement 34,100 20,466 86 & Mingo Intersection* 941,955 0 Street Overlay Program 11,045 11,045 Hale Acres Drainage Project 39,264 39,264 Building Purchase 650,000 650,000 Total $ 3,320,741 $ 1,703,857 M NN N N N N N F7 Progress Report 941 Dated 6/30/03 Design Bid Construction X X X X N N X N N X N N N N N Legend: X -In Progress - Complete N -Not Applicable Staff Contact Information k Sherry Bishop, Finance Director Ana Stagg, Public Works Director Tim Rooney, Assistant City Manager Ron Cates, City Attorney Rodney Ray, City Manager Ev E 376 -1525 272 -4959 376 -1515 376 -1511 376 -1512 PROJECTS STATUS REPORT City OF Owasso Public Works Department July 2004 BOND ISSUE PROJECTS • E. 86`h Street North /N. 97'h E. Avenue ( Minoo Road) Intersection - Temporary signalization and a west -east bypass lane constructed - Right -of -way acquisition in progress - Anticipate total construction to be authorized following re- opening of 76'h Street North OTHER CAPITAL PROJECTS • E. 76'h Street North (Main Street to Sheridan Road) - Bid awarded to Becco Contractors, Inc. - Improvements include the construction of a new bridge and the widening of the existing pavement from two to four lanes - Road will be closed to through traffic until approximately December 22, 2004 from Main Street to Sheridan Road • E. 86" Street North (N. 1291h E. Avenue to N. 145th E. Avenue) - Contract awarded to Becco Contractors in August 2003 - Improvements include widening of existing pavement from two to five lanes and signalization at the 8'h Grade Center - Roadway opened in June 2004 - Final payment scheduled in August 2004 • E. 96`h Street North and N. 1291h E. Avenue Intersection Area - Improvements included widening and signalization of intersection E. 96`h Street North and N. 1291h E Avenue and temporary signalization of E. 96`h and US HWY 169. - Roadway opened in February 2004 - Final payment scheduled in September 2004 • E. 96'h Street North and N. 1291h E. Avenue Intersection Area - Improvements include widening and permanent signalization of E. 96'h Street North and US HWY interchange - Contract award to Becco Contractors in July 2004 - Estimated 9 -10 month construction time • N. 129`h E. Avenue (South of Home Depot to E. 76`h Street North) - Final design anticipated to be completed in August 2004 - Improvements include widening of existing pavement from two to five lanes - Construction scheduled to begin in 2006 • E. 96'h Street North (N. 117 1h E. Avenue to Garnett Road) - Design continuing - Final design anticipated to be completed in August 2004 - Right -of -way acquisition being completed - Construction expected to be completed in September 2005 • N. Garnett Road (E. 861h Street North to E. 96`h Street North) - Preliminary design started June 7, 2004 - Final design anticipated to be completed in October 2004 - Construction expected to be completed in September 2005 • Water System Improvements (Booster Pump Station/Transmission Main /Elevated Water Tank) - Elevated tank bid awarded April 6, 2004. Pedestal for the tank is under construction. Total construction time is 450 days - Transmission main (Phase I - E. 106`h Street North from N. Mingo Road to mid - section to elevated tank to N. Garnett Road) design submitted to DEQ in March 2004 for permitting - Transmission main (Phase II — Master meter to Elevated Storage Tank) final design initiated in June 2004 - Booster pump station to be included in Phase II Transmission Main design - System projected to be operational by September 2005 City of Owasso - Bond Projects Fund Sales . /Capital Future Fund /Revenue Bonds October 1997 Election As of June 30, 2004 Streets: ODOT - 86th & Main 86 & Mingo Intersection* 86 & 145 E Ave Intersection N Main (1st to 9th) ODOT - 76 & Hwy 169 Street & Intersection Project: 76 & 129 E Ave Intersection 116 & Garnett Intersection 86 & 123 E Ave Intersection 86 (Main to Mingo) Street Resurfacing Project: Atlanta (3rd to 11 th) Carlsbad (3rd to 7th) & Beaumont 129 E Ave (High School to 93) 11 Street (Main to Cedar) Original Original Amended Cost Project Project Estimate Budget Budget 2,430,000 2,383,200 919,192 580,000 525,300 98,044 775,000 703,600 863,304 280,000 223,300 186,214 100,000 100,000 601,023 1,385,000 1,241,528 1,614,026 471,000 462,000 966,581 Facilities: 4,191,184 City Hall /Police Station 3,000,000 Community Center 200,000 Sports Park: 85,000 Parking Lot 150,000 Restroom 65,000 Four -plex & Soccer Fields 285,000 Administration: 0 Project Manager Salary 100% Architect/Engineer Fee 100.0% Program/Construction Mgmt Services Fee Available: 2,509,528 4,191,184 171,593 100,205 124,700 88,779 65,000 85,000 285,000 302,901 142,000 125,909 562,171 721,488 238,080 310,370 Expended to Date Contracts 919,192 98,044 863,304 186,214 601,023 1,614,026 966,581 4,191,184 100,205 88,779 85,000 302,901 125,909 721,488 310,370 0 100.0% 100% 0 100.0% Percent 0 100.0% Remaining of Budget Percent Budget Expended Complete 0 100.0% 100% 0 100.0% 0 100.0% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% 0 100.0% 100% Contingent Project 262,000 262,000 - - 0 Total $9,983,000 $9,999,000 $11,174,220 $11,174,220 $0 $0 100.0% *Note: 86 & Mingo Intersection included in Capital Improvements Fund Projects City of Owasso Sales Tax Extension Capital Improvements Fund Projects Project Status Summary Report As of June 30, 2004 Project Expended Expended Contract & Budget FY 2004 to Date Encumbrances O r 4 r Percent of Completed Remaining Budget Since Last Budget Expended Report Computerization 624,378 55,686 574,127 13,354 36,897 92% Fire Station Remodel 200,000 32,078 32,078 15,500 152,422 16% New Fire Station 1,200,000 - - 1,200,000 0% Storm Siren System 250,000 - - 205,194 44,806 0% Hwy 169 Enhancement 34,100 12,760 33,226 874 97% 86 & Mingo Intersection` 85,025 83,837 84,862 163 100% 86 Street Widening 2,895,990 2,574,949 2,709,439 185,645 906 94% 96 & 129 E Ave Intersection 2,344,004 35,196 79,200 1,704,000 560,804 3% 96 & Hwy 169 Interchange 2,207,950 199,300 199,300 7,516 2,001,134 9% 129 E Ave Widening 355,946 161,352 310,198 45,690 58 87% 96 Street Widening (Garnett to Owasso Mk 138,602 19,271 71,173 67,361 68 51% Water System Project Engineering 370,485 238,718 370,403 82 100% Sports Park Expansion 2,000,000 1,590,000 1,590,000 410,000 80% $12,706,480 $5,003,147 $6,054,006 $2,244,260 $4,408,214 48% *Note: 86 & Mingo Intersection project originally included in Bond Projects Fund WIMM Okab ct- w ■ City of Owasso Sales Tax Collections and Restricted Use of One Percent Fiscal Year 2003 -2004 Three Percent Sales Tax One Percent Capital Future Collection Sales Tax (1/3) Fund* Debt Service Payments 1997 Revenue 2004 Revenue Refunding 1998 Revenue Anticipation Bonds Bonds Note Interest Excess to Capital Earnings Improvements Fund Jul t.-., 884,378.03 294,792.68 44,218.90 43,415.15 94,960.20 112,198.43 Aug 783,796.99 261,265.66 39,189.85 43,415.15 94,960.20 83,700.46 Sep 837,825.86 279,275.29 41,891.29 43,415.15 97,110.20 96,858.65 Oct 827,379.65 275,793.22 41,368.98 43,415.15 94,960.20 96,048.89 Nov 789,547.23 263,182.41 - 43,710.13 94,960.20 124,512.08 Dec 813,304.21 271,101.40 - 43,710.13 95,089.04 132,302.23 Jan 901,348.13 300,449.38 - 43,710.13 95,089.04 161,650.21 Feb 953,027.35 317,675.78 - 45,770.13 95,089.04 179.78 176,636.83 Mar 804,496.79 268,165.60 - 43,710.13 95,089.04 662.66 128,703.77 Apr 806,574.14 268,858.05 - 43,710.13 95,089.04 887.62 129,171.26 May 911,823.30 303,941.10 - 43,801.39 95,089.04 1,641.63 163,409.04 Jun 904,253.31 301,417.77 - 43,801.39 98,298.16 1,922.72 9,888.82 167,284.32 Fees Totals $10,217,754.99 $3,405,918.34 $ 166,669.02 $ 525,584.16 $ 1,145,783.40 $ 5,294.41 $ 9,888.82 $ 1,572,476.17 Note: As established by the 1988 sales tax election, fifteen percent(15 %) of the one percent (1 %) sales tax is transferred to the Sales Tax Capital Future Fund for the purpose of funding future capital improvements projects. In Oct 1997, voters authorized the use of the CFF accumulations through FY 2001 for projects. In Oct 2003, voters authorized the use and cessation of the CFF accumulations. City of Owasso Sales Tax Collections and Restricted Use of One Percent For the period beginning November 1988 Fiscal Year Three % Sales Tax % of Increase One % Sales Tax (1/3) Capital Future Fund* 1983 GO Bonds Debt Service Payments 1988 1997 Rev 1998 Revenue Refunding Revenue Bonds Bonds Bonds 2004 RAN & 2005 Other Financing Total Debt Service Payments Interest Earnings Excess to Cap Improv Fund 6/30/1989* 1,345,048 3.4% 448,349 - 290,033 196,192 486,225 (37,876) 6/30/1990 2,395,607 10.7% 798,536 - 411,425 345,856 757,281 41,255 6/30/1991 2,697,115 12.6% 899,038 - 411,425 345,856 757,281 141,757 6/30/1992 2,888,126 7.1% 962,709 - 383,075 458,023 841,098 121,611 6/30/1993 3,111,892 7.7% 1,037,297 129,025 23,058 504,630 527,688 380,584 6/30/1994 3,359,697 8.0% 1,119,899 167,985 551,313 551,313 400,602 6/30/1995 3,554,202 5.8% 1,184,734 177,710 599,967 599,967 407,056 6/30/1996 3,932,207 10.6% 1,310,736 196,610 606,335 606,335 507,791 6/30/1997 4,488,368 14.1% 1,496,123 224,418 519,579 519,579 752,125 6/30/1998 4,944,293 10.2% 1,648,098 247,215 675,487 249,538 305,181 1,230,205 12,002 182,680 6/30/1999 5,533,211 11.9% 1,844,404 276,661 483,076 968,086 1,451,161 12,076 128,658 6/30/2000 6,075,427 9.8% 2,025,142 303,771 499,213 987,478 1,486,692 9,965 244,644 6/30/2001 7,425,400 22.2% 2,475,133 371,270 463,202 975,648 1,438,850 20,225 685,238 6/30/2002 9,246,668 24.5% 3,082,223 462,333 480,876 1,032,612 1,513,488 11,816 1,118,217 6/30/2003 9,671,900 4.6% 3,223,967 483,595 520,475 1,135,540 1,656,015 9,935 1,094,292 6/30/2004 10,217,755 5.6% 3,405,918 166,669 525,584 1,145,783 5,294 1,676,662 9,889 1,572,476 6/30/2005* 10,710,000 4.8% 3,570,000 - 533,530 1,151,140 1,885,330 3,570,000 - 91,596,915 30,532,305 3,207,262 1,519,016 4,803,238 3,755,493 7,701,468 1,890,624 19,669,840 85,908 7,741,111 Notes: Figures for 6/30/1989 are for eight months beginning Nov 1988. Figures for 6/30/2005 are budgeted amounts. PROJECT COMPLETION REPORT PROJECT: E. 86" Street North and Main Intersection Improvements DATE PROJECT WAS INITIATED: 15, 2002 DATE PROJECT WAS COMPLETED: November 21, 2003 DEPARTMENT RESPONSIBILITY FOR PROJECT: Public Works Department STAFF COMMENTS: The East 86th Street North and Main Street Intersection project consists of road widening of the intersection and portions of surrounding streets and upgrade of existing traffic signals. In July 2002 the Oklahoma Department of Transportation (ODOT) awarded a contract to Horizon Construction in the amount of $1,465,465.65. ODOT funded $1,002,057.27 toward the costs of construction The City has contributed $546,250.00 . An audit to determine final project costs is currently being performed by ODOT. Four potential change orders were issued during construction increasing the final contract amount by approximately $44,000. It is anticipated that ODOT will fund an additional $23,000 towards the final cost of construction Followin the final audit an additional amount of 4pproximately approximately $20,950 would be expected from the City. Ana C. Stag-g PROJECT COORDINATOR Public Works DEPARTMENT 7 rim R •••. 1.. �. © July 22, 2004 DATE PROJECT COMPLETION REPORT PROJECT: E. 86`h Street North and N. 145"' East Avenue Intersection Improvements DATE PROJECT WAS INITIATED:_ July 12, 2003 DATE PROJECT WAS COMPLETED: October 21, 2003 DEPARTMENT RESPONSIBILITY FOR PROJECT: Public Works Department STAFF COMMENTS: The East 86`h Street North and North 145th East Avenue Intersection Improvements project consists of widening and signalization of the intersection. On October 10, 2003, Council awarded the construction contract to BECCO Contractors Inc. for the amount of $757,046.10. Six change orders were issued during construction in the amount of $36,056.83 for the relocation of utilities Additionally, adjustments to the bid Quantities were necessary at final payment to reflect actual quantities provided during the construction of improvements Final construction cost for the project was $793,102.93. Ana C. Stagg PROJECT COORDINATOR Public Works DEPARTMENT PROJE& COORDNA4-(A-� o July 22, 2004 DATE N � U Np PROJECT COMPLETION REPORT PROJECT: US Highway 169 Enhancement DATE PROJECT WAS INITIATED: October 10, 1998 DATE PROJECT WAS COMPLETED: December 2003 DEPARTMENT RESPONSIBILITY FOR PROJECT: Public Works Department STAFF COMMENTS: The project is a cooperative effort between the Oklahoma Department of Transportation (ODOT) and the City of Owasso to improve the functional aesthetics of US Highway 169. Improvements encompassed a one -mile section of the the removal and replacement of the existing chain link fence with a PVC rail type fence and proximately landscaping. Total project cost was $160,000. ODOT funded $128,000, and the City contributed $32,000. Ana C. Stagg PROJECT COORDINATOR Public Works DEPARTMENT O July 22, 2004 DATE s � r k SALES TAX PROJECTS Sales Tax /Capital Future /Revenue Bonds BOND PROJECT FUND - October 1997 Election Progress Report #12 Dated 6/30/04 PROJECT Budget Expended Design Bid Construction Streets: ODOT - 86th & Main 919,192 919,192 86 & Mingo Intersection' 98,044 98,044 N N 86 & 145 E Ave Intersection 863,304 863,304 N Main (1st to 9th) 186,214 186,214 ODOT - 76th & Hwy 169 601,023 601,023 Streets & Intersections Project: 1,614,026 1,614,026 76 & 129 E Ave Intersection 116 & Garnett Intersection 86 & 123 E Ave Intersection 86 (Main to Mingo) Streets Resurfacing Project: 966,581 966,581 Atlanta (3rd to 11th) El F-1 El Carlsbad (3rd to 7th) & Beaumont 129 E Ave (High School to 93) 11 Str (Main to Cedar) Facilities: City Hall /Police Station 4,191,184 4,191,184 8 8 Community Center 100,205 100,205 El Sports Park: Parking Lot 88,779 88,779 Restroom 85,000 85,000 Four -plex & Soccer Fields 302,901 302,901 Administration: Project Manager Salary 125,909 125,909 N N N Architect/Engineer Fee 721,488 721,488 N N N Program Management Services Fee 310,370 310,370 N N N Available: Contingent Project 0 0 0 Total $ 11,174,220 $ 11,174,220 FY 2003 -2004 CAPITAL IMPROVEMENTS FUND PROJECTS Progress Report #42 Dated 6/30104 PROJECT Budget Expended Design Bid Construction Computerization 624,378 574,127 X X X Fire Station Remodel 200,000 32,078 X X X New Fire Station 1,200,000 0 Storm Siren System 250,000 0 X Hwy 169 Enhancement 34,100 33,226 86 & Mingo Intersection' 85,025 84,862 86 Street Widening 2,895,990 2,709,439 X 96 & 129 E Ave Intersection 2,344,004 79,200 X 96 & Hwy 169 Interchange 2,207,950 199,300 X 129 E Ave Widening 355,946 310,198 X 96 Str Widening (Garnett to Owasso Mkt) 138,602 71,173 X Water System Project Engineering 370,485 370,403 N N Sports Park Expansion 2,000,000 1,590,000 X Total $ 12,706,480 $ 6,054,006 Legend: In Progress - Complete -Not Applicable