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HomeMy WebLinkAbout2008.12.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Regular December 2, 2008 6:30 p.m. Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p. on Friday, November 28, 2008. J 'ann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Dr. Andrew Rankin, Freedom Baptist Church 3. Flag Salute 4. Roll Call S W gendas\Counci I\2008\ 1202-doc Owasso City Council December 2, 2008 Page 2 5. Presentation of the Character Trait of Generosity, followed by a Public Service Announcement. Dee Sokolosky, Owasso Character Council 6. Reading of the Mayor's Proclamation Mayor Stephen Cataudella Attachment # 6 The Mayor will read a proclamation declaring December 5, 2008 as "Lady Rams Volleyball Team Day" in the City of Owasso encouraging citizens to express their congratulations to the Lady Rams for winning the Class 6A State Volleyball Championship. 7. Recognition of the City of Owasso Employee of the Quarter Mr. Ray Mr. Ray will recognize the Employee of the Quarter for 2008. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non-debatable. A. Approval of Minutes of the November 18, 2008 Regular Meeting. Attachment # 8-A B. Approval of Claims. Attachment # 8-B 9. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Cataudella Owasso City Council December 2, 2008 Page 3 10. Consideration and appropriate action relating to a request for Council consideration of an agreement for services between the City of Owasso and Rodney J. Ray. Ms. Dempster Attachment # 10 The City Council will consider an amendment to the current personal services agreement between the City of Owasso and the City Manager, wherein the compensation and terms of the agreement are modified. 11. Consideration and appropriate action relating to a request for Council approval of a contract between the City of Owasso and the Owasso Land Trust for the purchase of real property containing 10.66 acres, more or less, in the amount of $1,159,785.60; authorization for payment of this amount and all required closing costs to the Owasso Land Trust; and, authorization for the Mayor to execute the purchase contract and all other documents necessary to the land purchase. Mr. Ray Attachment # 11 Staff will recommend Council approval of a contract between the City of Owasso and Owasso Land Trust in the amount of $1,159,785.60 for the purchase of real located north of E. 106`" Street North and east of US HWY 169; authorization for payment; and, authorization for the Mayor to execute all necessary documentation. 12. Consideration and appropriate action relating to a request for Council approval of a contract between the City of Owasso and H. Allen and Doris L. Robinson Trust for the purchase of real property containing 14.64 acres, more or less, in the amount of $1,913,155.20; authorization for payment of this amount and all required closing costs to the H. Allen and Doris L. Robinson Trust; and, authorization for the Mayor to execute the purchase contract and all other documents necessary to the land purchase. Mr. Ray Attachment # 11 Staff will recommend Council approval of a contract between the H. Allen and Doris L. Robinson Trust for the purchase of real property located north of E. 106t'' Street North and east of US HWY 169 in the amount of $1,913,155.20; authorization for payment; and, authorization for the Mayor to execute all necessary documentation. Owasso City Council December 2, 2008 Page 4 13. Consideration and appropriate action relating to a request for Council approval of a donation agreement of real property between the City of Owasso and Tulsa Technology Center School District for the purpose of constructing the Owasso Tulsa Tech Campus; and, authorization for the Mayor to execute such agreement. Mr. Ray Attachment # 11 Staff will recommend Council approval of a donation agreement of real property between the City of Owasso and Tulsa Technology Center School District containing approximately 25.30 acres, more or less, located directly east of US HWY 169 between N. 106th Street North and N. 116th Street North; and, authorization for the Mayor to execute all necessary documentation. 14. Consideration and appropriate action relating to Council adoption of Resolution No. 2008-07, a resolution approving the incurrence of indebtedness by the Owasso Public Works Authority (the "Authority") issuing its sales tax revenue note, series 2008 (the "note"); providing that the organizational document creating the Authority is subject to the provisions of the note indenture, authorizing the issuance of said note; waiving competitive bidding with respect to the sale of said note and approving the proceedings of the Authority pertaining to the sale of said note; ratifying and confirming a sales tax agreement by and between the City of Owasso, Oklahoma (the "City") and the Authority pertaining to the year-to-year pledge of certain sales tax revenues; establishing the city's reasonable expectation with respect to the issuance of tax-exempt obligations by or on behalf of said city in calendar year 2008, and designating the note as a qualified tax-exempt obligation; and containing other provisions relating thereto. Ms. Bishop Attachment # 14 Staff recommends Council adoption of Resolution No. 2008-07. 15. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 934, an ordinance formally approving annexation OA 07-08, consisting of approximately 990 acres located southeast of the intersection of East 76th Street North and North 161St East Avenue, such property being within Stone Canyon, a planned unit development. Mr. Wiles Attachment # 15 Staff recommends Council approval of Ordinance No. 934 based on Council actions taken November 4, 2008 to approve the annexation request. Owasso City Council December 2, 2008 Page 5 16. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2008-06, a resolution designating the City Manager as the settlement representative for the settlement conference to be held on December 3, 2008 in the litigation styled Kerry Seaman v Jarod Mitchell, Nancy Bell, Mike Denton, Jason Woodruff and Lem Mutii, and additionally granting full and final settlement authority in this action to the City Manager for purposes of the settlement conference. Ms. Lombardi Attachment # 16 Staff recommends Council adoption of Resolution No. 2008-06. PUBLIC HEARING 17. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input relating to proposed capital improvement projects to be funded by the third penny sales tax. Mr. Wiles Attachment # 17 A public hearing will be held for the purpose of receiving comments and citizen input regarding a recommendation from the Owasso Capital Improvement Projects committee to the City Council to amend the Capital Improvement Projects Priority List; more specifically, to include the extension of service roads along HWY 169 and the procurement of a capital projects design consultant. 18. Report from City Manager. 19. Report from City Attorney. Owasso City Council December 2, 2008 Page 6 20. Report from City Councilors. 21. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 22. Adjournment. ~ ~~ CITY OF O WASSO, OKt,AHOMA WHEREAS, The City of Owasso is proud to recognize the achievements of its youth who by focusing to accomplish their goals with endurance and determination promote positive character to their peers; and WHEREAS, The 2008-2009 Lady Rams Varsity Volleyball Team, through dedication, cornmitment and many 12ours of hard work, have finished the season with 26 wins and 8 losses, winning 18 of their last 19 games and making their first appearance in the Class 6A State Championship title game; and WHEREAS, Under the coaching direction of Michelle Cantrell, the Lady Rams Volleyball Team prevailed and have won the Class 6A State Volleyball Championship title defeating Edmond Santa Fe on Saturday, October 18, 2008 in the championship game witJi a final score of 25-19, 25-23, 25- 18; and WHEREAS, The team and coaching staff leave acl2ieved success for their school, their families, tl2eir community, and themselves by combining team effort on and off tl2e field, as well as maintaining an excellent academic record. NOW, THEREFORE, I, Stephen Cataudella, by virtue of the authority vested in me as Mayor of the City of Owasso, do Izereby proclaim Friday, December 5`~`, 2008, as LADY RAMS VOLLEYBALL TEAM DAY in the City of Owasso, and do further encourage all Owasso residents to express their congratulations and appreciation to all members of the Lady Rams Volleyball Team, the coaching staff, and to all the families who have supported these young women through all their practices and competitions. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 2nd day of December, 2008. Stephen Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 18, 2008 The Owasso City Council met in regular session on Tuesday, November 18, 2008 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, November 14, 2008. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:32 p.m. ITEM 2. INVOCATION The invitation was offered by Pastor James Stotts, Fellowship Tabernacle. ITEM 3. FLAG SALUTE Mayor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Wayne Guevara, Councilor Jon Sinex, Councilor At this time, Mayor Cataudella recognized members of Den 9, Pack 897 from Hodson Elementary who were in attendance. Owasso City Council November 18, 2008 ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the November 4, 2008 Regular Meeting and the November 22, 2008 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2008-2009 budget status report. D. Approval of Ordinance No. 934, an ordinance approving annexation request OA 07-08, a request to annex approximately 990 acres located southeast of the intersection of East 76th Street North and North 161St East Avenue, such property being within Stone Canyon, a planned unit development. E. Consideration and appropriate action relating to a request for Council acceptance of the traffic signalization at the U.S. Highway 169 and State Highway 20 interchange. Mr. Ray reported that a councilor had requested Item 5-D be pulled from the Consent Agenda. Mr. Gall then requested Item 5-D be placed back on the Consent Agenda. Mr. Ray said that any councilor had the right to request removal of an item from the Consent Agenda. Mr. Bonebrake moved, seconded by Mr. Gall, to approve the Consent Agenda, less Item 5-D, with claims totaling $797,634.17. Also included for review was the healthcare self-insurance claims report. YEA: Cataudella, Bonebrake, Gall NAY: None Motion carried 3-0. At this time Larry Langford and members of the YMCA Board of Directors presented to the City of Owasso a 2008 Excellence in Community Partnership Award. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR THE CHRIST'S CHURCH OF OWASSO, PROPOSING ONE LOT IN ONE BLOCK ON APPROXIMATELY 14.66 ACRES, MORE OR LESS, LOCATED ON THE NORTH SIDE OF EAST 96~" STREET NORTH APPROXIMATELY '/z MILE EAST OF NORTH 129T" EAST AVENUE 2 Owasso City Council November 18, 2008 Ms. Darnaby presented the item, recommending Council approval of the Christ's Church Final Plat. Owasso citizen J.B. Alexander addressed the Council with a concern regarding City of Owasso Charter requirements relating to the enactment of ordinances. Mr. Ray responded to the stated concern that the City Attorney would review the related charter provisions and issue an opinion or comments to the Council with copy to Mr. Alexander. Mr. Bonebrake moved, seconded by Mr. Cataudella, for Council approval of the Christ's Church Final Plat, as recommended. YEA: Cataudella, Bonebrake NAY: Gall Motion carried 2-1. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF OWASSO AND THE TULSA TRANSIT AUTHORITY FOR SERVICES RELATED TO AN EXPRESS COMMUTER BUS SERVICE AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SUCH SERVICE Mr. Wiles presented the item, recommending Council approval of an agreement between the City of Owasso and the Tulsa Transit Authority for the purpose of providing an express commuter bus service and authorization for the City Manager to execute the contract. Citizens addressing the Council in opposition to Item 7 were J.B. Alexander, Steve Drake and Marty Rowan. Mr. Gall then made a motion to not enter into an agreement with Tulsa Transit Authority for the purpose of providing express commuter bus service. The motion was seconded by Mr. Bonebrake. YEA: Bonebrake, Gall NAY: Cataudella Motion to not enter into an agreement with Tulsa Transit Authority passed 2-1. 3 Owasso City Council November 18, 2008 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF OWASSO AND THE BENHAM COMPANIES LLC FOR MISCELLANCOUS STORMWATER ENGINEERING REVIEW AND ANALYSIS IN AN AMOUNT NOT TO EXCEED $85,000.00; AND, AUTHORITION FOR THE MAYOR TO EXECUTE SUCH AGREEMENT Mr. Stevens presented the item, recommending Council approval of an engineering services agreement between the City of Owasso and The Benham Companies. LLC in an amount not to exceed $85,000.00. Mr. Bonebrake moved, seconded by Mr. Gall, for Council approval of an engineering services agreement between the City of Owasso and The Benham Companies, LLC in an amount not to exceed $85,000.00, as recommended. YEA: Bonebrake, Cataudella, Gall NAY: None Motion passed 3-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT BETWEEN THE CITY OF OWASSO AND THE OWASSO LAND TRUST FOR THE PURCHASE OF REAL PROPERTY CONTAINING 20.66 ACRES, MORE OR LESS, IN THE AMOUNT OF $1,159,785.60; AUTHORIZATION FOR PAYMENT OF THIS AMOUNT AND ALL REQUIRED CLOSING COSTS TO THE OWASSO LAND TRUST; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE THE PURCHASE CONTRACT AND ALL OTHER DOCUMENTS NECESSARY TO THE LAND PURCHASE Withdrawn from the agenda. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT BETWEEN THE CITY OF OWASSO AND H. ALLEN AND DORIS L. ROBINSON TRUST FOR THE PURCHASE OF REAL PROPERTY CONTAINING 14.64 ACRES, MORE OR LESS, IN THE AMOUNT OF $1,889,632.80; AUTHORIZATION FOR PAYMENT OF THIS AMOUNT AND ALL REQUIIZED CLOSING COSTS TO THE H. ALLEN AND DORIS L. ROBINSON TRUST; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE THE PURCHASE CONTRACT AND ALL OTHER DOCUMENTS NECESSARY TO THE LAND PURCHASE Withdrawn from the agenda. 4 Owasso City Council November 18, 2008 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A DONATION AGREEMENT OF REAL PROPERTY BETWEEN THE CITY OF OWASSO AND TULSA TECHNOLOGY CENTER SCHOOL DISTRICT CONTAINING APPROXIMATELY 25.30 ACRES, MORE OR LESS, FOR THE PURPOSE OF CONSTRUCTING THE OWASSO TULSA TECH CAMPUS; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE SUCH AGREEMENT Withdrawn from the agenda. ITEM 12. CONSIDER AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307 (B)(1) Mr. Gall requested this item be tabled. He announced he had to leave and left Council chambers at 7:05 p.m. Mayor Cataudella declared a quorum no longer existed and the council meeting adjourned at 7:07 p.m. Stephen Cataudella, Mayor Julie Stevens, Minute Clerk 5 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL TREASURER PETTY CASH CC REFUND-MACE 50.00 TREASURER PETTY CASH CC REFUND-BALLARD 50.00 TREASURER PETTY CASH CC REFUND-HIGHTOWER 50.00 TOTAL GENERAL 150.00 MUNICIPAL COURT TREASURER PETTY CASH MEETING EXPENSE 31.75 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 1.91 TOTAL MUNICIPAL COURT 33.66 MANAGERIAL WAL-MART CORP SAMS CLUB 77150903608 CANOPY FOR VETERANS DAY A 197.54 CITY GARAGE MONTHLY OVERHEAD CHGS - L 83.33 OKLAHOMA MUNICIPAL LEAGUE OK ASSOC REGRISTRATION FEE, R RAY, 85.00 SAV-ON PRINTING & SIGNS LLC PRINTING SERVICES - COUNC 68.50 CITY MANGEMENT ASSOCIATION OF OKLAH REGISTRATION FOR FALL REG 30.00 JPMORGAN CHASE BANK MEETING EXPENSE 18.00 JPMORGAN CHASE BANK MEETING EXPENSE 10.02 JPMORGAN CHASE BANK CARWASH 7.00 JPMORGAN CHASE BANK MEETING EXPENSE 63.16 USA MOBILITY WIRELESS, INC PAGER USE 7.70 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 25.63 OFFICE DEPOT INC OFFICE SUPPLIES 94.55 TREASURER PETTY CASH CHAMBER LUNCH 10.00 JPMORGAN CHASE BANK MEETING EXPENSE 24.61 JPMORGAN CHASE BANK OLD URBAN-TROLLEY SERVICE 450.00 JPMORGAN CHASE BANK FUEL 52.00 OFFICE DEPOT INC FILE CABINET 109.99 JPMORGAN CHASE BANK LOWES-ANCHORS 8.97 TOTAL MANAGERIAL 1,346.00 FINANCE JPMORGAN CHASE BANK DELL-TONER CARTRIDGE 209.94 OKLAHOMA STATE UNIVERSITY APPLICATION FEE 20.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 4.87 COLE & REED, P.C. PROFESSIONAL FEES-AUDIT 22,825.00 TOTAL FINANCE 23,059.81 HUMAN RESOURCES L 8 M OFFICE FURNITURE, INC KEYBOARD TRAY 256.50 JPMORGAN CHASE BANK MEETING EXPENSE 36.85 JPMORGAN CHASE BANK TEXAS MUNICIPAL-ADVERTISE 150.00 JPMORGAN CHASE BANK HASTINGS-EMPLOYEE HEALTH 11.99 JPMORGAN CHASE BANK MEETING EXPENSE 13.83 TOTAL HUMAN RESOURCES 469.17 GENERAL GOVERNMENT JPMORGAN CHASE BANK CDW-CREDIT CARD SWIPER 59.37 Page 1 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amounl GENERAL GOVERNMENT... JPMORGAN CHASE BANK USPS-PO BOX RENTAL 208.00 JPMORGAN CHASE BANK ROARK-LANDSCAPING 2,723.00 MAILROOM FINANCE INC POSTAGE 2,000.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 38.63 JPMORGAN CHASE BANK EBAY-AUCTION FEES 8.33 TULSA COFFEE SERVICE INC COFFEE SUPPLIES 100.91 XEROX CORPORATION COPIER SERVICE & SUPPLIES 2,200.23 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION/PUBLIC 141.40 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION/PUBLIC 173.60 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION/PUBLIC 147.00 CINTAS CORPORATION CARPET-MAT CLEANING 25.90 OFFICE DEPOT INC OFFICE SUPPLIES 78.51 TOTAL GENERAL GOVERNMENT 7,904.88 COMMUNITY DEVELOPMENT OFFICE DEPOT INC OFFICE SUPPLIES 20.87 CITY GARAGE VEHICLE PARTS 61.29 USA MOBILITY WIRELESS, INC PAGER USE 15.40 SPRINT SPRINT CARDS 148.74 CITY GARAGE MONTHLY OVERHEAD CHGS - L 166.66 JPMORGAN CHASE BANK OK ACADEMY-MEMBERSHIP 150.00 JPMORGAN CHASE BANK CUTTER &BUCK-UNIFORMS 207.46 JPMORGAN CHASE BANK LOWES-TOOLS 70.63 TOTAL COMMUNITY DEVELOPMENT 841.05 ENGINEERING JPMORGAN CHASE BANK DELL-DESKTOP 1,533.73 JPMORGAN CHASE BANK DELL-DESKTOP 1,215.01 JPMORGAN CHASE BANK DRY CLEANING-UNIFORMS 7.00 JPMORGAN CHASE BANK DRY CLEANING-UNIFORMS 5.60 JPMORGAN CHASE BANK DRY CLEANING-UNIFORMS 18.20 CITY GARAGE MONTHLY OVERHEAD CHGS - L 166.66 SPRINT SPRINT CARDS 99.16 TOTAL ENGINEERING 3,045.36 INFORMATION TECHNOLOGY SPRINT SPRINT CARDS 60.07 CITY GARAGE MONTHLY OVERHEAD CHGS - L 66.66 SUNGARD PUBLIC SECTOR INC. SUNGUARD CONFERENCE 1,250.00 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 7,481.68 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 5,535.08 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 6,252.33 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 5,545.08 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 5,889.34 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 4,898.95 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 4,241.68 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 600.00 Page 2 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount INFORMATION TECHNOLOGY JPMORGAN CHASE BANK COX-INTERNET 1,619.37 SUNGARD PUBLIC SECTOR INC. CONVERSION TRAINING 750.00 GARY COLLINS SUNGARD USER CONFERENCE 768.05 TOTAL INFORMATION TECHNOLOGY 44,958.29 SUPPORT SERVICES FLYNN'S PEST CONTROL PEST CONTROL SVCS CH & OC 110.00 CITY GLASS OF TULSA, INC REPAIR WINDOW LEAK CITY H 221.49 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 23.99 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 23.99 JPMORGAN CHASE BANK LOWES-VANITY TOPS 683.09 JPMORGAN CHASE BANK MOTOROLA-ANNUAL DUES 85.00 JPMORGAN CHASE BANK SALES TAX REFUND -53.61 JPMORGAN CHASE BANK LOWES-SUPPLIES 10.80 JPMORGAN CHASE BANK LOWES-CONCRETE 5.88 JPMORGAN CHASE BANK LOWES-LIGHTS 13.98 JPMORGAN CHASE BANK LOWES-SHOP LIGHTS 55.98 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 29.41 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 436.24 CITY GARAGE VEHICLE PARTS 290.38 AGAPE ROOFING & CONSTRUCTION, LLC ROOF REPL @ CH OF COMMERC 7,245.00 CITY GARAGE MONTHLY OVERHEAD CHGS - L 233.33 MAC SYSTEMS, INC. FIRE SPRINKLER INSPECTION 288.00 RADIO SHACK INTERVIEW ROOM SUPPLIES - 4.98 STANDARD SUPPLY LAWN & GARDEN LAWN MOWER MAINT PARTS 42.98 USA MOBILITY WIRELESS, INC PAGER USE 7.70 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.04 JPMORGAN CHASE BANK HOME DEPOT-LENS 10.90 TOTAL SUPPORT SERVICES 9,770.55 POLICE SERVICES AT&T LONG DISTANCE LONG DISTANCE SERVICE 37.64 SPRINT SPRINT CARDS 604.89 CITY GARAGE MONTHLY OVERHEAD CHGS - L 4,583.33 FLEET DISTRIBUTORS EXPRESS EMERGENCY EQUIPMENT FOR P 20,510.83 FLEET DISTRIBUTORS EXPRESS EMERGENCY EQUIPMENT INSTA 5,400.00 USA MOBILITY WIRELESS, INC PAGER USE 128.33 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 68.80 CITY GARAGE VEHICLE PARTS 2,258.42 JPMORGAN CHASE BANK TRAVEL EXPENSE 84.10 JPMORGAN CHASE BANK NATL IMPRINT-HANDOUTS 639.76 JPMORGAN CHASE BANK CARTRIDGE WORLD-CARTRIDGE 13.99 JPMORGAN CHASE BANK ARMOR HOLD-TEST KITS 361.14 JPMORGAN CHASE BANK MEMINDEX-PLANNER REFILL 22.95 JPMORGAN CHASE BANK UNITED-BAGGAGE FEE 15.00 STOPTECH, LTD PATROL EQUIPMENT 3,637.60 POLICE PETTY CASH REIMBURSE PETTY CASH 10.84 Page 3 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... POLICE PETTY CASH REIMBURSE PETTY CASH 25.86 ARAMARK UNIFORM & CAREER APPAREL EQUIPMENT FOR POLICE VEHI 200.00 SAV-ON PRINTING & SIGNS LLC PRINTING SERVICES 30.00 JPMORGAN CHASE BANK WALMART-SUPPLIES 28.02 JPMORGAN CHASE BANK ORB-IACP CONFERENCE 1,552.26 JPMORGAN CHASE BANK ORB-TRANSPORTATION 32.00 JPMORGAN CHASE BANK UNITED-BAGGAGE FEE 15.00 TREASURER PETTY CASH FUEL & PARKING 118.22 TREASURER PETTY CASH TAGS 155.00 JPMORGAN CHASE BANK LODGING-SMITH/HIBBERT 423.98 RLCP, LLC PD VEHICLE BODY REPAIRS 344.00 JPMORGAN CHASE BANK MEETING EXPENSE 36.63 TOTAL POLICE SERVICES 41,338.59 POLICE COMMUNICATIONS TREASURER PETTY CASH PER DIEM 136.50 JPMORGAN CHASE BANK APCO-DUES 69.00 JPMORGAN CHASE BANK APCO-DUES 69.00 JPMORGAN CHASE BANK APCO-DUES 69.00 JPMORGAN CHASE BANK APCO-TRAINING CLASS 309.00 JPMORGAN CHASE BANK CREDIT -20.00 JPMORGAN CHASE BANK APCO INTL-ONLINE CERT 359.00 JPMORGAN CHASE BANK APCO INTL-DUES 69.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 54.09 USA MOBILITY WIRELESS, INC PAGER USE 30.80 JPMORGAN CHASE BANK MED PRIORITY-TRAINING 295.00 JPMORGAN CHASE BANK APCO-TRAINING MATERIALS 614.00 TOTAL POLICE COMMUNICATIONS 2,054.39 ANIMAL CONTROL JPMORGAN CHASE BANK DELL-TONER CARTRIDGE 132.38 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.65 USA MOBILITY WIRELESS, INC PAGER USE 7.70 CITY GARAGE MONTHLY OVERHEAD CHGS - L 166.66 A PLUS SERVICE INC HEAT PUMP FOR ANIMAL SHEL 5,750.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 13.55 CITY GARAGE VEHICLE PARTS 362.04 JPMORGAN CHASE BANK MED VET-SUPPLIES 111.18 JPMORGAN CHASE BANK OFFICE DEPOT-BROCH HOLDER 7.15 VORTECH PHARMACEUTICALS LTD ANIMAL SHELTER OPERATING 157.85 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 17.50 OKLAHOMA ANIMAL CONTROL ASSOCIATION TRAINING SEMINAR 150.00 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 140.58 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 29.34 JPMORGAN CHASE BANK WALMART-SUPPLIES 141.63 Page 4 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL ANIMAL CONTROL 7,189.21 FIRE SERVICES JPMORGAN CHASE BANK EVT CERTIFICATION CLASS 100.00 JPMORGAN CHASE BANK BUMP TO BUMP-PARTS 22.00 JPMORGAN CHASE BANK HUSKY PORT-DROP TANK 67.97 TREASURER PETTY CASH CHAMBER LUNCH 10.00 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 8,976.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 9.99 JPMORGAN CHASE BANK METRO BUILD-DISHWASHER 299.00 JPMORGAN CHASE BANK LOWES-KEYS 3.91 JPMORGAN CHASE BANK LODGING-GOSVENER 78.93 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 232.92 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 2,638.00 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 180.00 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 946.00 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 215.85 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 18.75 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 1,258.40 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 85.80 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 243.50 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 250.00 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 25.00 NORTH AMERICA FIRE EQUIPMENT CO. PURCHASE OF UNIFORMS FOR 336.00 JPMORGAN CHASE BANK NBFSPQ-CERTIFICATION 30.00 NORTH AMERICA FIRE EQUIPMENT CO. NOMEX TROUSERS AND FLASHL 30.00 NORTH AMERICA FIRE EQUIPMENT CO. NOMEX TROUSERS AND FLASHL 70.00 NORTH AMERICA FIRE EQUIPMENT CO. NOMEX TROUSERS AND FLASHL 28.00 NORTH AMERICA FIRE EQUIPMENT CO. NOMEX TROUSERS AND FLASHL 35.00 JPMORGAN CHASE BANK DELL-TONER CARTRIDGE 90.24 JPMORGAN CHASE BANK WALMART-COFFEE 49.68 AQUARIUS ENTERPRISES, INC RENTAL-WATER COOLER & WAT 22.45 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 76.94 CITY GARAGE MONTHLY OVERHEAD CHGS - L 1,166.66 USA MOBILITY WIRELESS, INC PAGER USE 297.90 AT&T LONG DISTANCE LONG DISTANCE SERVICE 14.38 JPMORGAN CHASE BANK WALMART-STORAGE BASKETS 15.10 AT&T MOBILITY WIRELESS SERVICE 21.66 JPMORGAN CHASE BANK GALLS-UNIFORMS 1,266.14 JPMORGAN CHASE BANK DELL-TONER CARTRIDGE 75.99 SPRINT SPRINT CARDS 198.29 TOTAL FIRE SERVICES 19,486.45 EMERGENCY PREPAREDNES SPRINT SPRINT CARDS 49.58 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 8.24 JPMORGAN CHASE BANK WEC-STORM SIRENS 12.24 Page 5 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount EMERGENCY PREPAREDNES JPMORGAN CHASE BANK WEC-STORM SIRENS 12.24 TOTAL EMERGENCY PREPAREDNESS H2.3O STREETS JPMORGAN CHASE BANK ATWOODS-APPAREL 119.98 JPMORGAN CHASE BANK SHERWIN WILLIAMS-PAINT 11.18 CITY GARAGE MONTHLY OVERHEAD CHGS - L 1,166.66 USA MOBILITY WIRELESS, INC PAGER USE 46.46 CITY GARAGE VEHICLE PARTS 323.30 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 50.12 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 48.57 TULSA COUNTY BOCC ATOR HEIGHTS SIGN REPLACE 923.05 CASECO TRUCK BODY & EQUIPMENT SALES UPGRADED HYDRAULIC SYSTEM 3,439.08 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR STREET REPAIR 213.43 MILL CREEK LUMBER & SUPPLY FAIRWAYS STREET REPAIR PR 11.39 MILL CREEK LUMBER & SUPPLY MATERIALS FOR FAIRWAYS ST 51.13 GINGHAM SAND & GRAVEL CO., INC SALT FOR SNOW & ICE CONTR 3,494.88 O'REILLY AUTOMOTIVE INC ANTI-FREEZE FOR ROLER 23.94 SIGNALTEK INC OCT MAINTENANCE - NOV RET 1,530.75 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR CITYWIDE POTH 134.36 GELLCO UNIFORMS ~ SHOES, INC. SAFETY BOOTS 251.98 TWIN CITIES READY MIX, INC CONCRETE FOR STREET REPAI 415.25 VANCE BROTHERS INC TACK FOR HOT BOX 45.00 W.W. GRAINGER, INC. DBA GRAINGER SAFETY GAS CANS 83.97 LOBO HOLDINGS DBA LOBO ASPHALT ASPHALT FOR STREET REPAIR 52.98 TULSA COUNTY BOCC MISCELLANEOUS SIGNAGE 128.20 TOTAL STREETS 12,565.66 STORMWATER P & K EQUIPMENT, INC HEDGE TRIMMER REPAIR 260.53 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 63.59 CITY GARAGE VEHICLE PARTS 1,478.05 USA MOBILITY WIRELESS, INC PAGER USE 50.82 CITY GARAGE MONTHLY OVERHEAD CHGS - L 1,166.66 JPMORGAN CHASE BANK OWASSO FENCE-POSTS 22.95 JPMORGAN CHASE BANK BUMP TO BUMP-BELTS 21.00 JPMORGAN CHASE BANK LOWES-SUPPLIES 1.96 JPMORGAN CHASE BANK GLOSS SALES-PARTS 47.83 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 47.09 JPMORGAN CHASE BANK NEW HOLLAND-KNIVES 158.20 JPMORGAN CHASE BANK LOWES-TAPE MEASURE 2998 TOTAL STORMWATER 3,34H.66 PARKS LELAND BARTEL MOWING MCCARTY PARK 143.00 JPMORGAN CHASE BANK ATWOODS-ANTIFREEZE 88.83 JPMORGAN CHASE BANK LOWES-LIGHTS 277.78 Page 6 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount PARKS... WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 67.30 ADT SECURITY SERVICES INC SECURITY SERVICES 48.26 JPMORGAN CHASE BANK ATWOODS-BOOTS 94.99 CITY GARAGE MONTHLY OVERHEAD CHGS - L 250.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.42 RANDY G. MISER PARKING LOT IMPROVEMENTS 12,116.00 JPMORGAN CHASE BANK LOWES-LIGHTS 31.76 AEP/PSO ELECTRIC USE 216.17 JPMORGAN CHASE BANK LOWES-PARTS 26.11 JPMORGAN CHASE BANK TMS-RESTROOM SUPPLIES 1,198.40 CITY GARAGE VEHICLE PARTS 231.88 OFFICE DEPOT INC OFFICE SUPPLIES 32.60 TOTAL PARKS 14,824.50 COMMUNITY CENTER OFFICE DEPOT INC OFFICE SUPPLIES 81.38 CITY GARAGE VEHICLE PARTS 225.22 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.20 JPMORGAN CHASE BANK HOME DEPOT-PAINT SUPPLIES 24.54 CITY GARAGE MONTHLY OVERHEAD CHGS - L 33.33 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 87.67 JPMORGAN CHASE BANK LOWES-SWITCH PLATES 11.04 W.W. GRAINGER, INC. DBA GRAINGER REPAIR LIGHTS 73.58 W.W. GRAINGER, INC. DBA GRAINGER REPAIR LIGHTS 43.28 YOUNGS FIRE SUPPRESSION SERVICES SERVICE CALL FIRE SUPPRES 100.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 56.97 JPMORGAN CHASE BANK TMS-PAPER GOODS 125.35 JPMORGAN CHASE BANK WALMART-SUPPLIES 66.02 JPMORGAN CHASE BANK HOBBY LOBBY-DECORATIONS 76.97 JPMORGAN CHASE BANK GARDEN RIDGE-DECORATIONS 32.95 JPMORGAN CHASE BANK WALMART-CHRISTMAS TREE 35.00 TOTAL COMMUNITY CENTER 1,074.50 HISTORICAL MUSEUM AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.08 JPMORGAN CHASE BANK NEIGHBOR NEWS-SUBSCRIPTIO 40.00 TOTAL HISTORICAL MUSEUM 41.08 ECONOMIC DEV SPRINT SPRINT CARDS 49.57 CITY GARAGE MONTHLY OVERHEAD CHGS - L 83.33 JPMORGAN CHASE BANK MEETING EXPENSE 14.84 JPMORGAN CHASE BANK AMERICAN-BAGGAGE FEE 15.00 JPMORGAN CHASE BANK AMERICAN-BAGGAGE FEE 15.00 JPMORGAN CHASE BANK WEB SCRIBBLE-HOSTING FEE 19.99 JPMORGAN CHASE BANK WEB SCRIBBLE-HOSTING FEE 19.99 JPMORGAN CHASE BANK WEB SCRIBBLE-HOSTING FEE 19.99 Page 7 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL ECONOMIC DEV 237.71 193,821.8 FUND GRAND TOTAL AMBULANCE WORKS & LENTZ OF TULSA, INC. COLLECTION FEES 146.35 JPMORGAN CHASE BANK ALLMED-SUPPLIES 14.99 JPMORGAN CHASE BANK ALLMED-SUPPLIES 119.90 JPMORGAN CHASE BANK CREDIT ON FREIGHT CHARGE -231.58 JPMORGAN CHASE BANK BOUND TREE MED-SUPPLIES 253.18 JPMORGAN CHASE BANK BOUND TREE MED-SUPPLIES 181.09 JPMORGAN CHASE BANK NATL REG OF EMTS-TEST FEE 110.00 CITY GARAGE MONTHLY OVERHEAD CHGS - L 1,250.00 AT&T MOBILITY WIRELESS SERVICE 81.82 CITY GARAGE VEHICLE PARTS 317.52 MEDICLAIMS INC BILLING SERVICES 6,042.30 TOTAL AMBULANCE 8,285.57 8,285.5 FUND GRAND TOTAL E911 COMMUNICATIONS INCOG-E911 E911 COMMUNICATION SERVIC 365.18 TOTAL E911 COMMUNICATIONS 365.18 365.1 FUND GRAND TOTAL CEMETERY -CEMETERY PRO-FENCE INSTALL 2 ELECTRIC GATE O 4,746.00 TOTAL CEMETERY -CEMETERY 4,746.00 4,746.0 FUND GRAND TOTAL HOTEL TAX - ECON DEV CHRISTMAS EXPRESS, INC INSTALLATION OF HOLIDAY 2,590.00 TOTAL HOTEL TAX - ECON DEV 2,590.00 2,590.0 FUND GRAND TOTAL PARK DEV FD -PARKS TERRA-PAD, INC DISC GOLF AT CENTENNIAL P 8,512.00 TOTAL PARK DEV FD -PARKS 8,512.00 8,512.0 FUND GRAND TOTAL CDBG GRANT -PARKS RANDY G. MISER PARKING LOT IMPROVEMENTS 12,709.00 RANDY G. MISER WHEEL CHAIR RAMP 2,500.00 Page 8 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL CDBG GRANT -PARKS 15,209.00 15,209.0 FUND GRAND TOTAL CI -STREETS CRAFTON, TULL AND ASSOCIATES, INC CONSULTING SERVICES FOR N 26,406.87 TRAFFIC ENGINEERING CONSULTANTS,INC ENGINEERING SERVICES AGRE 315.00 TOTAL CI -STREETS 26,721.87 26,721.8 FUND GRAND TOTAL CITY GARAGE OFFICE DEPOT INC OFFICE SUPPLIES 2925 JIM NORTON FORD LLC VEH REPAIR SVCS -RESALE 100.00 TULSA NEW HOLLAND INC PARTS FOR 95 BACKHOE 342.57 CLASSIC CHEVROLET, INC. VEH PARTS - 08 CHEVY TRUC 16.28 KEYSTONE EQUIPMENT CO PARTS FOR 2000 BACKHOE 774.75 FRN OF TULSA, LLC UNITED FORD PARTS FOR RESALE 3,590.99 FRN OF TULSA, LLC UNITED FORD PARTS FOR RESALE 72.77 FRN OF TULSA, LLC UNITED FORD PARTS FOR RESALE 26.13 CITY GARAGE VEHICLE PARTS 5.96 B & M OIL COMPANY INC WINDSHIELD WASHER FLUID 95.70 T 8 W TIRE, LP TIRES FOR CITY VEHICLES 2,301.20 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.13 AT&T MOBILITY WIRELESS SERVICE 58.44 USA MOBILITY WIRELESS, INC PAGER USE 7.70 B & M OIL COMPANY INC OIL & FLUIDS 891.17 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 181.35 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.49 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.49 FASTENAL SHOP SUPPLIES 53.53 O'REILLY AUTOMOTIVE INC VEH PARTS RESALE & SHOP S 20.95 O'REILLY AUTOMOTIVE INC VEH PARTS RESALE & SHOP S 842.64 SAFETY FIRST SUPPLY COMPANY, LLC PROTECTIVE CLOTHING 31.82 TOTAL CITY GARAGE 9,514.31 9,514.3 FUND GRAND TOTAL WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,455.70 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,694.54 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,154.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 553.00 TOTAL WORKERS' COMP SELF-INS 4,857.24 Page 9 Claims List 12/02/08 Budget Unit Title Vendor Name Payable Description Payment Amount FUND GRAND TOTAL 4,857.2 GEN LIAB-PROP SELF INS WOOD, PURL & WOOD, P.L.L.C WOOD, PUHL & WOOD, P.L.L.C ATTORNEY FEES - MULLINS 253.24 ATTORNEY FEES -SEAMAN 578.22 TOTAL GEN LIAB-PROP SELF INS 831.46 FUND GRAND TOTAL 831.4 CITY GRAND TOTAL $275,454.45 Page 10 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 12/02/08 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 31,344.93 HEALTHCARE MEDICAL SERVICE 24,830.27 HEALTHCARE MEDICAL SERVICE 20,496.71 HEALTHCARE MEDICAL SERVICE 34,652.41 HEALTHCARE MEDICAL SERVICE 32,494.76 0.00 HEALTHCARE DEPT TOTAL 143,819.08 DELTA DENTAL DENTAL MEDICAL SERVICE 5,047.40 DENTAL MEDICAL SERVICE 3,022.80 DENTAL MEDICAL SERVICE 3,767.30 DENTAL MEDICAL SERVICE 2,070.00 ADMIN FEES 2,171.78 DENTAL DEPT TOTAL 16,079.28 VSP VISION MEDICAL SERVICES 1,428.08 ADMIN FEES 1,155.60 VISION DEPT TOTAL 2,583.68 HEALTHCARE SELF INSURANCE FUND TOTAL 162,482.04 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 11I22I08 Department Payroll Expenses Total Expenses Municipal Court 4,497.45 5,829.36 Managerial 18,979.07 24,550.49 Finance 12,482.40 17,399.78 Human Resources 6,049.51 8,677.35 Community Development 12,011.04 15,943.31 Engineering 9,962.12 14,035.37 Information Systems 8,597.65 12,746.42 Support Services 7,453.29 10,560.50 Police 94,120.87 134,488.41 Central Dispatch 10,222.04 15,083.70 Animal Control 2,203.20 3,216.46 Fire 88,440.68 123,686.07 Emergency Preparedness 2,752.83 3,874.31 Streets 6,732.70 10,508.99 Stormwater/ROW Maint. 6,502.50 8,770.52 Park Maintenance 8,033.43 12,090.75 Community-Senior Center 3,327.96 4,795.40 Historical Museum 2,054.82 2,697.30 Economic Development 3,170.92 4,008.14 General Fund Total 307,594.48 432,962.63 Garage Fund Total 5,012.68 3,788.80 Ambulance Fund Total 16,904.92 23,532.55 Emergency 911 Fund Total 3,407.36 5,027.73 Worker's Compensation Total 778.40 921.43 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER HUMAN RESOURCE DIRECTOR SUBJECT: CITY MANAGER CONTRACT DATE: November 25, 2008 BACKGROUND: The current contract for personal services between the City of Owasso and Rodney J. Ray was approved in December 2004. Subsequently, the First Amendment to the Employment Agreement was executed by the City and Mr. Ray on December 20, 2005. The only change to the original contract was the amount of compensation to be paid to Mr. Ray in 2006. The Second Amendment was for 2007 and 2008. Once again the only change to the original contract was the amount of compensation to be paid to Mr. Ray in 2007 and 2008. The proposed Third Amendment to the original contract is effective December 1, 2008 through November 30, 2010. Mr. Ray has informed me that this proposed Amendment reflects the newly negotiated terms to his contract. Specifically, the changes made within this amendment are the effective dates and the establishment of an additional deferred compensation. The proposed Amendment would be effective for two years beginning on December 1, 2008 and ending on November 30, 2010. Deferred Compensation Section 4-A of the proposed Amendment remains unchanged. Section 4-B of the proposed Amendment establishes a deferred compensation in the amount of $25,000 per year, vested and payable upon termination of employment after December 31, 2013. The deferred compensation would not be due if Council terminates Mr. Ray's employment for just cause or if Mr. Ray resigns prior to December 31, 2013. Exceptions to the non-payment clause would be if Mr. Ray would become disabled and unable to work or deceased prior to December 31, 2013. Should either of these events transpire Mr. Ray or his surviving spouse beneficiary would receive the accumulated deferred compensation as of the date of the disability or death. Base annual compensation remains unchanged in the proposed agreement. If the agreement is approved as presented, Mr. Ray's compensation for December 1, 2008 through November 30, 2010 would continue to be $120,146 annually. These are the only changes to the original contract. CONSIDERATION AND ACTION: Presented for your consideration and appropriate action is Amendment Number Three to the original employment contract. The City Attorney has reviewed and approved the original contract and the proposed amendment. ATTACHMENTS: 1. Amendment No. 3 to the Employment Contract 2. Amendment No. 2 to the Employment Contract 3. Amendment No. 1 to the Employment Contact 4. Employment Contact Executed December 21, 2004 2 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT This THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into on this 1St day of December, 2008, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," and Rodney J. Ray, hereinafter called "Manager." Whereas, the Employment Agreement was originally executed by the parties on December 21, 2004, and both City and Manager hereby desire on this date to amend Sections 2, 3, and 4 of the Agreement to read as follows: 2. Term C. The Term of this Agreement shall be from December 1, 2008 until November 30, 2010. It is specifically understood that the parties to this Agreement will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2008-2009, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. 3. Salary Beginning December 1, 2008, the City agrees to pay the Manager an annual base salary of One Hundred Twenty Thousand One Hundred and Forty-six Dollars ($120,146). Of that amount $95,661 shall be paid in twenty-six equal amounts; and $24,485 shall be paid in a one-time lump sum payment within sixty days of effective date of the employment of the Manager. Provided, however, that in the event of the separation of Manager from the employment of the City, Manager shall be required to return to City a pro rata portion of the lump sum payment. 4. Deferred Compensation A. In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10%) of Manager's annualized base compensation for the purpose of Manager's retirement program. Such payment to be made as a one-time lump sum payment due within ten days of the beginning of the contract. Provided, however, that in the event of the separation of Manager from the employment of the City, Manager shall be required to return to City a pro rata portion of the lump sum payment. B. Also, in addition to the base salary paid to the Manager, the City agrees to fund an annual deferred comp payment of $25,000 each year beginning December 31, 2008 for the purpose of the Manager's retirement program. Such funding shall be in a method approved by the City Treasurer. Accumulated deferred compensation shall be payable to the Manager upon termination of employment after December 31, 2013. No deferred compensation payment shall be paid if the Manager is terminated for cause or if the Manager elects to resign from employment prior to December 31, 2013, unless such resignation is mutually agreed upon by both parties. Should the Manager become disabled and unable to continue working prior to December 31, 2013, accumulated deferred compensation at time of disability shall be paid to the Manager. In the event of the Manager demise, the accumulated deferred compensation at time of death shall be paid to the Manager's surviving spouse or such other beneficiary as the Manager may designate. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF OWASSO, OKLAHOMA Stephen Catautdella, Mayor ATTEST Sherry Bishop, City Clerk MANAGER Rodney J. Ray Approved as to form and legality on the day of , 2008. l ~~l` o~ `~cz~u"[ Julie rout Lombardi, City Attorney SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into on this 19t" day of December, 2006, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," and Rodney J. Ray, hereinafter called "Manager." Whereas, the Employment Agreement was originally executed by the parties on December 21, 2004, and both City and Manager hereby desire on this date to amend Sections 2 and 3 of the Agreement to read as follows: 2. (C) Term The Term of this Agreement shall be from January 1, 2007 until December 31, 2008. It is specifically understood that the parties to this Agreement will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2007-2008, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. 3. Salary The City agrees to pay the Manager for his services an annual base salary of One Hundred and Fourteen Thousand Four Hundred and Twenty-five Dollars ($114,425) beginning January 1, 2007. Of that amount $90,940 shall be paid in twenty-six payment of equal amounts; and $23,485 shall be paid in a one-time lump sum payment within sixty days of the effective date of this contract. Beginning January 1, 2008, the City agrees to pay the Manager an annual base salary of One Hundred Twenty Thousand One Hundred and Forty-six Dollars ($120,146). Of that amount $95,661 shall be paid in twenty-six equal amounts; and $24,485 shall be paid in a one-time lump sum payment within sixty days of effective date of the employment of the City. Provided, however, that in the event of the separation of Manager from the employment of City, Manager shall be required to return to City a pro rata portion of the lump sum payment. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. ~~ ~`~ aF ~~-~_,, CITY OF a~~.. SSO, OKLAHOMA ~~ ~'~ CZF~tCIAL - ~ '~ ,./r ~~ Ste hen Catautdella, Mayor !~i .4.l d'~~EJ ATTE Sherry Bisfi~bp, City Clerk Approved as to form and legality on the ,~~ day of ~~CCI~(~C'r , 2006. ulie Trout Lomb r i, City Attorney FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement is made and entered into on this ~D day of December, 2005, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," and Rodney J. Ray, hereinafter called "Manager." Whereas, the Employment Agreement was originally executed by the parties on December 21, 2004, and both City and Manager hereby desire on this date to amend Section 3 of the Agreement entitled "Salary" to read as follows: 3. Salary The City agrees to pay the Manager for his services on an annual base salary of One Hundred and One Thousand Eight Hundred and Fifty Dollars ($101,850) beginning January 1, 2005. Of that amount, $84,850 shall be paid in twenty-six payments of equal amounts, and $17,000 shall be paid in a one-time lump sum payment within sixty days of the effective date of this contract. Beginning January 1, 2006, the City agrees to pay the Manager an annual base salary of One Hundred and Six Thousand Nine Hundred and Forty Dollars ($106,940). Of that amount, $84,940 shall be paid in twenty-six equal amounts and $22,000 shall be paid in a one-time lump sum payment within sixty days of the effective date of this contract. Provided, however, that in the event of the separation of the Manager from the employment of the City, Manager shall be required to return to City a pro rata portion of the lump sum payment. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. 4,G\~~t o F 0~ - v-~ ~~ o OFFICIAL ~~AL ATTEST '"'~CAHO~+"' Sherry Bis p, City Clerl CITY OF OWASSO OKLA MA r ig Thoen el, Mayor Approved as to form and legality on the ,~~ day of „~er?P~ijeY' , 2005. Julie Trout Lombardi, City Attorney EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 21st day of December, 2004, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City", and Rodney J Ray, hereinafter called "Manager". WITNESSETH: WHEREAS, City desires to employ the services of Rodney J Ray as City Manager of the City of Owasso, Oklahoma, pursuant to Section 3-1 of the Charter of the City of Owasso, Oklahoma; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, the Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1. Duties The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment. Section2. Term A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3-1 (b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section 10 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section 14 of this agreement. C. The Term of this Agreement shall be from January 1, 2005 until December 31, 2006. It is specifically understood that the parties to this Agreement will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2005-2006, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. Section 3. Salary The City agrees to pay the Manager for his services an annual base salary of One Hundred and One Thousand Eight Hundred and Fifty Dollars ($101,850) beginning January 1, 2005. Of that amount $84,850 shall be paid in twenty-six payment of equal amounts; and $17,000 shall be paid in a one-time Lump sum payment within sixty days of the effective date of this contract. Beginning January 1, 2006, the City agrees to pay the Manager an annual base salary of One Hundred Six Thousand Nine Hundred and Forty Dollars ($106,940). Of that amount $89,940 shall be paid in twenty-six equal amounts; and $17,000 shall be paid in a one-time lump sum payment within sixty days of effective date of the employment of the City, the Manager shall be required to return to the City a pro rata portion of the lump sum payment. Section 4. Deferred Compensation In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10%) of Manager's annualized base compensation for the purpose of the manager's retirement program. Such payment to be made as a one-time lump sum payment due within ten days of the beginning of the contract. Provided, however, that in the event of the separation of Manager from the employment of City, Manager shall be required to return to City a pro rata portion of the lump sum payment. Section 5. Performance Evaluation A. At least, annually, the Council and the Manager shall define in writing performance objectives which they determine necessary for the proper operation of the City in the attainment of the Council's policy goals. The Council and the Manager shall further establish in writing a relative priority among the objectives, and the same shall generally be attainable within the time limitations as specified and the appropriations of the operating and/or capital budgets. B. The Council may review and evaluate the performance of the Manager at any time and as often as it deems appropriate. The evaluation should assess the accomplishment of performance objectives and provide feedback and guidance for the Manager with respect to future performance. C. The Manager, at his discretion, may discuss the referenced goals and objectives with the Council and may propose modifications or amendments when he deems it in the interest of the City to do so. Section 6. Outside Employment During the term of this Agreement, the Manager shall be a full time City Manager. The Manager agrees to remain in the exclusive employment of the City until this Agreement is terminated and not to work in the employment of another employer earlier than the date of termination. Outside employment shall not be construed to include occasional teaching, writing or consulting performed on the Manager's time off. Section 7. Compensatory Time Off It is recognized that the Manager must devote a great deal of time outside normal office hours to the business of the City, and to that end, he is authorized to take compensatory time off as he deems appropriate during normal office hours. Section 8. Vacation, Sick and Miscellaneous Paid Leave A. The City Manager will be credited with three (3) weeks vacation leave during the term hereof. Vacation time shall accrue at a rate of 10 hours per month. B. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not begin accruing sick leave until such time has passed that Manager would have accrued the original two hundred forty (240) hours. Thereafter, Manager shall accrue sick leave at the same rate as other employees of the City, and the method of accrual and use of such leave shall be governed by the Ordinances of the City and applicable rules and regulations. C. The Manager shall receive all other forms of paid leave extended to other employees of the City. Section 9. Insurance The City agrees to provide the Manager with the group health, dental, vision and life insurance coverage as is offered to other employees of the City and to pay the premiums thereon. The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual salary. Upon Separation from employment, the Manager shall be eligible for a continuation of coverage under COBRA at his expense, regardless of the reasons for separation from employment. Section 10. Termination, Severance Benefit and Resignation A. The City shall pay severance benefit to the Manager during the term of this agreement. From the effective date of this agreement, the Manager will be eligible for a severance benefit equivalent to six (6) months his base salary as defined herein if he is released from service for any reason except cause as defined herein. However, should the Manager leave during the term of this agreement for any other municipal position in another municipality, Manager agrees to reimburse the City the equivalent of a full six month's base salary. B. The parties hereto expressly agree no severance payment as defined in Section l0A shall be paid if the Manager is terminated during the term of this Agreement for cause. C. Cause shall be defined as including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. D. In the event the Council at any time during the term of this Agreement reduces the salary or other benefits of the Manager in a greater percentage than an applicable across-the board reduction for all other employees of the City, or the City Charter of the City of Owasso, Oklahoma, is amended to delete the Council/Manager form of government, or the Council acts to terminate, then the Manager may, at his option, be deemed to be terminated effective at the date of such reduction, change or action, and shall be entitled to the severance pay of paragraph A of this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. E. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council and/or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay as defined in Section 10A. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. F. If the Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, City shall have the option to terminate this Agreement subject to the severance pay requirements of Section 10A. In addition thereto, Manager shall be compensated for any accrued vacation not used, holidays, and any other accrued benefits. G. If Manager shall die during any period in which payments are being made in accordance with Section 10A, the balance of the payments shall accrue to Manager's estate. If Manager should die during his regular employment, the payment under Section l0A will not be made and the insurance proceeds available pursuant to the applicable defined benefit plan shall be in lieu thereof. H. Should the Manager resign before the expiration of this Agreement other than under the conditions of paragraph D of this Section and Section 14, the Manager shall give the City written notice at least sixty (60) days in advance of the effective date of termination, unless the parties otherwise agree. I. Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the Council retains the right, with or without cause, to terminate this Agreement. Section 11. General Expenses A. In addition to the base salary and other benefits provided elsewhere in this Agreement, the Manager shall receive use of a City vehicle maintained by the City for City related business and functions before, during, and after normal work hours. B. The City recognizes that certain expenses of a generally job-affiliated nature are incurred by the Manager in the course of his duties and agrees to pay the Manager each month for such expenses. Detailed receipts must be presented before reimbursement is approved. C. The City will pay the premiums of any fidelity bonds required of manager by the Charter and Ordinances of the City or otherwise as maybe required by State Law. Section 12. Dues and Subscriptions The City agrees to budget and pay for the professional dues and subscriptions of the Manager necessary for his membership in the City Managers Association of Oklahoma. Section 13. Defense and Indemnification The City shall provide defense and indemnification to the Manager in accordance with the City's statutory authorization therefore, all as set forth in Title 51, Oklahoma Statutes, Section 162, or any amendments or successor provisions pertaining thereto, or other applicable law. Section 14. Notices of Non-Renewal If, and in the event, the City shall not be desirous of renewing this Agreement upon the expiration hereof, City shall give Manager written notice of such non renewal no later than sixty (60) days prior to the expiration date hereof. If, and in the event, City shall fail to give written notice of non-renewal within the time provided for above, then, in such event, City shall pay Manager the severance payment set forth in Section 10. Provided, however, if, and in the event, the expiration date arrives without any contractual renewal but nevertheless Manager continues to perform in the capacity of City Manager with compensation and benefits as are provided for herein for the entire upcoming calendar year, and/or a successor agreement with an effective date of January 1, 2007, is entered into for the entire calendar year, then, in such event, the payment provided for in the foregoing sentence shall not be required of City to Manager. Upon affirmative vote by a majority of the governing body prior to December 31, 2006, the terms and provisions of this Agreement shall be in full force and effect. In the event the City has not notified the Manager of its intent not to renew the contract as stated above, then the Manager may submit his resignation at any time within the sixty (60) days prior to the end of the contract year upon 15 days notice and such resignation shall not waive the City of any obligations set forth in the first paragraph of this Section and the City shall be obligated for the full six (6) months severance, regardless of the date of the Manager's resignation. Section 15. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States postal service, postage prepaid, addressed as follows: CITY: City Council PO Box 180 Owasso, OK 74055 MANAGER: Rodney J Ray 8503 N 100th East Ave Owasso, OK 74055 Alternatively, notices may be personally served on the parties. Notice shall be deemed given as of the date of personal service or as of the date of deposit of written notice in the United States postal service. Section 16. General Provisions A. The text herein shall constitute the entire agreement between the parties. This Agreement supercedes any and all previous agreements between the parties. No part of any previous Agreement either verbal or written between the parties shall carryover into the term hereof except and unless specifically provided for herein, or as provided pursuant to Oklahoma or Federal Law. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the heirs at law and executor of the Manager. C. If any provision, section or subsection of this Agreement shall be held unconstitutional, invalid, or unenforceable for any reason, such holding shall not be construed to impair or invalidate the remainder of this Agreement, notwithstanding such holding. D. Titles of this Agreement are for reference and convenience only, and shall not be construed to modify the specific terms hereof. E. This agreement is specifically subject to appropriation of moneys to fund same for the calendar years January 1, 2005 through December 31, 2006. IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. s ~ ~ OFFICIAL O SEAL ~k~ANON`P ATTEST: CITY OF OWASSO, OKLAHOMA Susan Kimball, Mayor Sherry Bish ,City Clerk MANA ~ R Rodne a o form and legality on the ZZ `day of 2004. . Cates, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ACQUISITION OF LAND AND DONATION OF LAND TO TULSA TECHNOLOGY CENTER (TTC) DATE: December 2, 2008 BACKGROUND: Tulsa Technology Center ("TTC") proposes to construct a campus in the City of Owasso which will house both TTC training programs, and, through a lease arrangement with Tulsa Community College ("TCC"), an institute of higher education as well. Although TTC originally expressed its intent to construct a new facility in the City of Owasso several years ago, funding constraints and other delays prevented the facility from being built at that time. TTC is now prepared to begin construction of the TTC Owasso campus facility in January of 2009. The proposed campus will be located immediately east of Highway 169 between 106th St. N. and 116`" St. N. Prior to construction, however, TTC must acquire sufficient land to house a large state-of--the-art educational facility sufficient to accommodate both TTC and TCC classes. Previous donations of land were made by the Opal Robinson Family Trust and by Allen and Doris Robinson to TTC for construction of a TTC facility in Owasso. However, given that the size and structure of the proposed campus with its ancillary accommodations, including a large conference center, is substantially larger than originally anticipated, it is necessary for the site to be bigger and for TTC to obtain additional land. Upon learning that TTC required additional land to construct a significantly larger Owasso TTC Campus to accommodate an institution of higher education, the City entered into negotiations with the Owasso Land Trust ("OLT") to purchase additional property that the City could subsequently donate to TTC. The OLT has agreed to sell a parcel of land containing 10.66 acres to the City of Owasso for One Million, One Hundred Fifty-Nine Thousand, Seven Hundred Eighty-Five Dollars and Sixty Cents ($1,159,785.60). This purchase price is based upon a calculated cost of Two Dollars and Fifty Cents ($2.50) per square foot for the 10.66 acre tract. The second tract of land the City proposes to purchase and donate to TTC contains approximately 14.64 acres and is owned by the H. Allen and Doris L. Robinson Trust (no relation to the Opal Robinson Trust referenced above). The trust has agreed to sell this 14.64 acre parcel of property to the City for One Million, Nine Hundred Thirteen 1 Thousand, One Hundred Fifty-Five Dollars and Twenty Cents ($1,913,155.20). This purchase price reflects a cost of approximately Three Dollars ($3.00) per square foot. Both closings are scheduled to occur prior to December 31, 2008. At the closings, the sellers will deliver Warranty Deeds to the City free of all encumbrances, liens or other restrictions on the property. Surveys of both properties are currently being performed and reviews of the abstracts are underway. Donation Agreement. Subsequent to the execution and closing of the two land sale transactions described above, the City proposes to donate these two tracts to TTC for construction of the new TTC Owasso facilities. Although municipalities are generally prohibited from gifting real or personal property to any person or entity, 11 O.S. §22-125 of the Oklahoma Statutes creates an exception to that law whereby a municipality may donate property to a school district. Based upon that provision in the law, the City of Owasso proposes to donate the land acquired from the OLT and the H. Allen and Doris L. Robinson Revocable Living Trust to TTC for construction of an Owasso Campus. The City's donation of land to TTC would be predicated upon the following conditions: A. The City of Owasso's name shall be included in the name of the new facilities to be constructed on the site. B. TTC shall construct a joint use facility on the campus, which will serve to house not only TTC's educational programs but also a program of instruction in higher education through a lease with TCC. C. The City of Owasso shall retain a reversionary interest in the land to be donated which will enable the City to terminate TTC's ownership of the property if either of the following should occur: 1. TTC fails to begin and diligently work to complete construction of the campus within two (2) years from the date the deed was executed, or, 2. TTC ever ceases to use the property for post-secondary educational purposes. TTC shall, however, retain an option to purchase the property from the City if the above reversionary provision is ever exercised by the City. The purchase price to be paid by TTC shall be the fair market value less and except any improvements. Each of these conditions has been agreed to by TTC, and provisions setting forth these conditions are included in the attached Donation Agreement. 2 CONCLUSION: The proposed land sale purchases and the subsequent execution of the Donation Agreement, if approved by the City Council, are scheduled to occur prior to December 31, 2008. Subsequent to obtaining title to the donated land, construction of the new TTC facility is scheduled to begin early in 2009. RECOMMENDATION: The staff recommends that the City Council approve and authorize payment of the following proposed Contracts for Sale of Real Estate: 1) 10.66 acres from the Owasso Land Trust in the amount of $1,159,785.60, and, 2) 14.64 acres from the H. Allen and Doris L. Robinson Revocable Living Trust Contract in the amount of $1,913,155.20 Staff further recommends that the Council authorize payment of all closing costs required to complete these two transactions and authorize the Mayor to execute both land purchase contracts and all other documents necessary. Staff further recommends that the Council approve the Proposed Donation Agreement of Real Property between the City of Owasso and TTC and authorize the Mayor to execute such Agreement. ATTACHMENTS: 1. OLT Contract for Sale of Real Estate 2. H. Allen and Doris L. Robinson Revocable Living Trust Contract for Sale of Real Estate 3. Proposed Donation Agreement between the City of Owasso and TTC 4. Map Depicting Site of the Owasso TTC Campus depicting proposed parcels to be purchased and donated. 5. Sign In sheet from the Capital Improvements Committee meeting of November 20, 2008. CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT is entered into between OWASSO LAND TRUST, L.L.C. (Seller) and CITY OF OWASSO (Buyer). Upon approval of this Contract by both Seller and Buyer, a valid and binding contract of sale shall exist, the terms and conditions of which are as follows: 1. SALE: Seller agrees to sell and convey to Buyer, by Warranty Deed, subject only to reasonable utility easements and building restrictions of record, and Buyer agrees to purchase the following described real estate (the Property) located in TULSA County, Oklahoma: A TRACT OF LAND SITUATED IN THE N/2 OF THE SE/4 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB.&M., TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NE/4 CORNER OF SAID N/2 SE/4; THENCE S 88°44'39"WAND ALONG THE NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 1057.71 FEET TO THE "POINT OF BEGINNING"; THENCE S 1°20'48" E A DISTANCE OF 780.77 FEET; THENCE S 88°44'40" W TO A POINT ON THE WEST LINE OF E/2 E/2 NW/4 SE/4 A DISTANCE OF 594.62 FEET; THENCE N 1°19' S7" W TO A POINT ON THE NORTH LINE OF THE N/2 SE/4 A DISTANCE OF 780.77 FEET; THENCE N 88°44'39" E AND ALONG SAID NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 594.43 FEET TO THE POINT OF BEGINNING. Together with all improvements thereon, if any, in their present condition, ordinary wear and tear accepted. 2. PURCHASE PRICE: The total purchase price is One Million, One Hundred Fifty-Nine Thousand, Seven Hundred and Eighty-Five Dollars and 60/100 ($1,159,785.60) payable by Buyer to Seller at the Closing. 3. EFFECTIVE DATE: The effective date of this contract shall be the date upon which it is signed by both Seller and Buyer. 4. DISCLAIMER, DISCLOSURE, and INSPECTIONS: No representations regarding the condition of Property, or environmental hazards, are expressed or implied, other than as may be specified: A. Flood Notification: Seller shall deliver to Buyer within ten (10) days of the Effective Date of this contract, notice in writing if Property is located in an area designated as a flood hazard area as defined by such City and/or County governmental agency. B. Inspection Time Period: Buyer shall have ten (10) days from the Effective Date to perform any of the inspections and investigations set out in 1 through 3 below. Buyer, at Buyer's expense, shall have the right to enter upon the Property, together with any other persons, to conduct the following inspections and investigations: 1. Flood, Storm Run off Water, or Storm Sewer Backup or Water History. Z. Environmental Risks, including but not limited to, soil, air, hydrocarbon, chemical, carbon, asbestos, mold, radon gas, lead-based paint. 3. Psychologically Impacted Property and Megan's Law. C. Ten 10 Day Cancellation and Release of Contract: If Buyer has any objection to the Property based on the results and findings of the inspections, Buyer shall have the right to cancel, and terminate this Contract by delivering written notice stating the Buyer's objections to the Property to Seller, in which event this Contract shall be null and void. 5. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS: Upon receipt by Buyer, Buyer shall deliver to Seller a copy of any and all written inspection reports obtained by the Buyer pertaining to all portions of the Property which are subject to Buyer's right of inspections. 6. COST OF INSPECTIONS/RE-INSPECTIONS: The cost of any and all inspections and re-inspections shall be paid by the Buyer. 7. RISK OF LOSS: Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear accepted, shall be upon Seller. After Closing or transfer of possession, such risk shall be upon Buyer. S. ACCEPTANCE OF PROPERTY: Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, expressed or implied, by Seller, shall be deemed to survive the Closing. 9. TITLE/CLOSING: The Closing shall be held on or before December 31, 2008. Possession shall be transferred AT TIME OF CLOSING. At Closing, Buyer agrees to accept delivery of a warranty deed to the Property. No later than ten (10) days prior to the "Closing Date," Seller, at Seller's expense, agrees to furnish Buyer a current Uniform Commercial Code Search Certificate and abstract of title prepared by a licensed surveyor, certified to a date at least within 180 days of the "Closing Date." Buyer shall have ten (10) days after receipt to have Seller's title evidence or title commitment examined. In the event the title evidence is not made available to Buyer ten (10) days prior to the "Closing Date," said "Closing Date" may be extended by Buyer up to ten (10) days from receipt to allow Buyer to examine title evidence. If Buyer determines that Seller's evidence of title does not meet the standard of marketable title set out in the 4 Real Estate Title Examination Standards of the Oklahoma Bar Association, Buyer may cancel and terminate this Contract provided: A. Buyer agrees to advise the Seller, in writing, detailing Buyer's objection to Seller's Title, and; B. Seller agrees to make reasonable efforts to secure and/or execute all documents necessary to cure title defects identified by Buyer, and; C. Buyer agrees to delay the "Closing Date" thirty (30) days, or such longer period as Buyer shall grant in writing, to allow Seller to cure Buyer's objection to Seller's Title. In the event Seller cures Buyer's objection prior to the delayed "Closing Date," Buyer's right to terminate shall lapse and Buyer and Seller agree to close within five (5) days of notice of such cure. 10. TAXES AND PROBATIONS: A. The Seller shall pay in full: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing, including the cost of documentary stamps to be attached to the Deed; (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is, or may become, a lien on the Property. B. Unless otherwise specified in paragraph 16, the following items shall be prorated between the Seller and Buyer as of the date of Closing: (i) rents, if any, and (ii) general ad valorem taxes for the current calendar year, provided, that if the amount of such taxes has not been fixed, the pro-ration shall be based upon the rate of levy for the previous calendar year and the most current assessed value available at time of Closing. 11. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's obligations under this Contract, and if, within five (5) days after the date specified for Closing under Paragraph 10, Buyer fails to make payment or to perform any other obligations of the Buyer under this Contract, Seller may, at Seller's option, cancel and terminate this Contract. If the Buyer performs all of the obligations of Buyer, and Seller breaches this Contract or fails to perform any of Seller's obligations, then Buyer shall be entitled to either cancel or terminate this Contract. 12. BINDING EFFECT AND ENFORCEMENT: This Contract, when executed by both Seller and Buyer shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors, and assigns. This Contract sets forth the complete understanding of Seller and Buyer and supersedes all previous negotiations, representations, and agreements between them. This Contract can only be amended or modified by a written agreement signed by Seller and Buyer. 4 13. EXECUTION AND DELIVERY OF CONTRACT DOCUMENTS, COUNTERPARTS: The parties agree that the Contract between them shall be evidenced by a single executed Contract upon which each of them shall place their signatures. The Buyer and Seller by their signatures below hereby accept delivery of the contract documents. APPROVED THIS DAY OF , 2008. SELLER: OWASSO LAND TRUST, L.L.C. BUYER: Stephen Cataudella, Mayor CITY OF OWASSO ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM• . ~ CGc ulie Trout Lombardi, ity Attorney CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT is entered into between THE H. ALLEN AND DORIS L. ROBINSON REVOCABLE LIVING TRUST (Seller) and CITY OF OWASSO (Buyer). Upon approval of this Contract by both Seller and Buyer, a valid and binding contract of sale shall exist, the terms and conditions of which are as follows: 1. SALE: Seller agrees to sell and convey to Buyer, by Warranty Deed, subject only to reasonable utility easements and building restrictions of record, and Buyer agrees to purchase the following described real estate (the Property) located in TULSA County, Oklahoma: PART OF THE W/2 NW/4 SE/4 AND THE W/2 E/2 NW/4 SE/4, SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID W/2 NW/4 SE/3, SAID POINT BEING 174.5 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE S 0°00'38" E ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 169 A DISTANCE OF 892.35 FEET, THENCE S 2°49'22" E ALONG SAID RIGHT-OF-WAY LINE 428.67 FEET TO A POINT ON THE SOUTH LINE OF SAID W/2 NW/4 SE/4, SAID POINT BEING 195.59 FEET EAST OF THE SOUTHWEST CORNER THEREOF, THENCE N 89°59'43" E 796.86 FEET TO THE SOUTHEAST CORNER OF SAID W/2 E/3 NW/4 SE/4, THENCE N 0°02'35" W 1320.73 FEET TO THE NORTHEAST CORNER THEREOF, THENCE S 89°58'43" W 817.14 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 24.6 ACRES MORE OR LESS. LESS AND EXCEPT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW/4 SE/4, THENCE S 88°44'40"WAND ALONG THE SOUTH LINE OF SAID NW/4 SE/4 A DISTANCE OF 330.75 FEET TO THE "POINT OF BEGINNING", THENCE S 88°44'40"WAND ALONG SAID SOUTH LINE A DISTANCE OF 796.66 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF HIGHWAY 169; THENCE N 4°05'39"WAND ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 427.45 FEET, THENCE N 1°18'17"WAND ALONG SAID EASTERLY RIGHT-OF- WAY ADISTANCE OF 111.57 FEET, THENCE N 88°44'40" E A DISTANCE OF 817.20 FEET TO A POINT ON THE WEST LINE OF THE E/2 E/2 NW/4 SE/4, THENCE S 1°19'57" E AND ALONG SAID WEST LINE A DISTANCE OF 538.50 FEET TO THE "POINT OF BEGINNING" (the "PROPERTY"). Together with all improvements thereon, if any, in their present condition, ordinary wear and tear accepted. 2. PURCHASE PRICE: The total purchase price is One Million, Nine Hundred Thirteen Thousand, One Hundred and Fifty-Five Dollars and 20/100 ($1,913,155.20) payable by Buyer to Seller at the Closing. 3. EFFECTIVE DATE: The effective date of this contract shall be the date upon which it is signed by both Seller and Buyer. 4. DISCLAIMER, DISCLOSURE, and INSPECTIONS: No representations regarding the condition of Property, or environmental hazards, are expressed or implied, other than as may be specified: A. Flood Notification: Seller shall deliver to Buyer within ten (10) days of the Effective Date of this contract, notice in writing if Property is located in an area designated as a flood hazard area as defined by such City and/or County governmental agency. B. Inspection Time Period: Buyer shall have ten (10) days from the Effective Date to perform any of the inspections and investigations set out in 1 through 3 below. Buyer, at Buyer's expense, shall have the right to enter upon the Property, together with any other persons, to conduct the following inspections and investigations: 1. Flood, Storm Run off Water, or Storm Sewer Backup or Water History. 2. Environmental Risks, including but not limited to, soil, air, hydrocarbon, chemical, carbon, asbestos, mold, radon gas, lead-based paint. 3. Psychologically Impacted Property and Megan's Law. C. Ten 10 Day Cancellation and Release of Contract: If Buyer has any objection to the Property based on the results and findings of the inspections, Buyer shall have the right to cancel, and terminate this Contract by delivering written notice stating the Buyer's objections to the Property to Seller, in which event this Contract shall be null and void. 5. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS: Upon receipt by Buyer, Buyer shall deliver to Seller a copy of any and all written inspection reports obtained by the Buyer pertaining to all portions of the Property which are subject to Buyer's right of inspections. 6. COST OF INSPECTIONS/RE-INSPECTIONS: The cost of any and all inspections and re-inspections shall be paid by the Buyer. 7. RISK OF LOSS: Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear accepted, shall be upon Seller. After Closing or transfer of possession, such risk shall be upon Buyer. 8. ACCEPTANCE OF PROPERTY: Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, expressed or implied, by Seller, shall be deemed to survive the Closing. 2 9. TITLE/CLOSING: The Closing shall be held on or before December 31, 2008. Possession shall be transferred AT TIME OF CLOSING. At Closing, Buyer agrees to accept delivery of a warranty deed to the Property. Not later than ten (10) days prior to the "Closing Date," Seller, at Seller's expense, agrees to furnish Buyer a current Uniform Commercial Code Search Certificate and abstract of title prepared by a licensed surveyor, certified to a date at least within 180 days of the "Closing Date." Buyer shall have ten (10) days after receipt to have Seller's title evidence or title commitment examined. In the event the title evidence is not made available to Buyer ten (10) days prior to the "Closing Date," said "Closing Date" may be extended by Buyer up to ten (10) days from receipt to allow Buyer to examine title evidence. If Buyer determines that Seller's evidence of title does not meet the standard of marketable title set out in the Real Estate Title Examination Standards of the Oklahoma Bar Association, Buyer may cancel and terminate this Contract provided: A. Buyer agrees to advise the Seller, in writing, detailing Buyer's objection to Seller's Title, and; B. Seller agrees to make reasonable efforts to secure and/or execute all documents necessary to cure title defects identified by Buyer, and; C. Buyer agrees to delay the "Closing Date" thirty (30) days, or such longer period as Buyer shall grant in writing, to allow Seller to cure Buyer's objection to Seller's Title. In the event Seller cures Buyer's objection prior to the delayed "Closing Date," Buyer's right to terminate shall lapse and Buyer and Seller agree to close within five (5) days of notice of such cure. 10. TAXES AND PROBATIONS: A. The Seller shall pay in full: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing, including the cost of documentary stamps to be attached to the Deed; (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is, or may become, a lien on the Property. B. Unless otherwise specified in paragraph 16, the following items shall be prorated between the Seller and Buyer as of the date of Closing: (i) rents, if any, and (ii) general ad valorem taxes, recognizing however that the Buyer is not subject to the payment of ad valorem or other taxes, for the current calendar year, provided, that if the amount of such taxes has not been fixed, the pro-ration shall be based upon the rate of levy for the previous calendar year and the most current assessed value available at time of Closing. 11. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's obligations under this Contract, and if, within five (5) days after the date specified for Closing under Paragraph 10, Buyer fails to make payment or to perform any other obligations of the Buyer under this Contract, Seller may, at Seller's option, cancel and terminate this Contract. If the Buyer performs all of the obligations of Buyer, and Seller breaches this Contract or fails to perform any of Seller's obligations, then Buyer shall be entitled to either cancel or terminate this Contract. 12. BINDING EFFECT AND ENFORCEMENT: This Contract, when executed by both Seller and Buyer shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors, and assigns. This Contract sets forth the complete understanding of Seller and Buyer and supersedes all previous negotiations, representations, and agreements between them. This Contract can only be amended or modified by a written agreement signed by Seller and Buyer. 13. EXECUTION AND DELIVERY OF CONTRACT DOCUMENTS, COUNTERPARTS: The parties agree that the Contract between them shall be evidenced by a single executed Contract upon which each of them shall place their signatures. The Buyer and Seller by their signatures below hereby accept delivery of the contract documents. APPROVED AND EXECUTED THIS DAY OF , 2008. SELLER: THE H. ALLEN AND DORIS L. ROBINSON REVOCABLE LIVING TRUST TRUSTEE TRUSTEE 4 BUYER: CITY OF OWASSO Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: O ~~ Ju Lombardi, City Attorney AGREEMENT THIS AGREEMENT is entered into this day of December, 2008, by and between THE CITY OF OWASSO, OKLAHOMA ("City") and TULSA TECHNOLOGY CENTER SCHOOL DISTRICT a/k/a TULSA TECHNOLOGY CENTER ("School"). RECITALS: A. City is under contract to purchase two tracts of real estate immediately adjoining the site of the School's planned Owasso campus (the "Property") The Property is more particularly described on Exhibit "A", attached hereto and incorporated herein. B. The School wishes to acquire the Property as an addition to its planned Owasso campus. B. City wishes to convey the Property to the School as a gift, as authorized by Okla. Stat. tit. 11, Sec. 22-125, and the School District wishes to accept City's gift on the terms and under the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound, the parties agree as follows: I. AGREEMENT TO CONVEY REAL PROPERTY AS CHARITABLE CONTRIBUTION 1. City agrees to convey the Property to the School, and the School agrees to accept such conveyance and acquire the Property from the City. As used herein, the term "Property" shall be deemed to mean all the real property described herein, including: all of City's interest in all rights, easements, ways, licenses, permits, warranties or privileges located thereon, appurtenances thereunto belonging or in any way appertaining thereto or used in connection therewith. 2. City shall convey to the School marketable title to the Property, free and clear of all liens and encumbrances, except the following Permitted Encumbrances: (a) General ad valorem taxes (not special assessments), although recognizing that the City is not subject to the payment of ad valorem other taxes,; (b) Easements, restrictions and rights-of--way, of record; and (c) City's reversionary interest described herein. II. TITLE AND SURVEY 1. Title Commitment. The City shall furnish to the School a commitment to issue an owner's policy of title insurance on standard ALTA form issued by a title insurance company reasonably acceptable to the School (the "Title Commitment"). The School's obligation to accept conveyance of the Property is contingent upon the Title Commitment showing fee simple record title in the City's grantors, subject only to the Permitted Exceptions. The School's attorneys shall have fifteen (15) days after receipt of the Title Commitment within which to examine the Title Commitment and furnish City with written objections to the status of title. City and the School shall cooperate, using their best efforts, to promptly satisfy all objections to title and the requirements set forth in the Title Commitment. If, after best efforts, the parties are unable to cure such title defects, the School shall either (a) accept such title as the City can convey and close the transaction; or (b) terminate this Agreement and neither of the parties shall have any further liability to the other. 2. Survey. The School may elect to obtain a current survey of the Property. If such a survey is obtained, the School's obligation to accept conveyance of the Property is contingent upon there being no encroachments or protrusions on the Property reflected in the survey and any easements reflected in the survey not materially interfering with the School's reasonable use and occupancy of the Property. The Special Warranty Deed to be delivered by the City to the School at the closing shall recite the legal description of the Property as reflected in the survey. III. CLOSING 1. The closing hereunder shall take place at the offices of the title company (or at such other place as to which City and the School agree). The closing date shall take place prior to December 31, 2008. 2. At the closing, the following will take place concurrently: (a) City will execute and deliver an appropriate Special Warranty Deed ("SWD") conveying the Property to the School, subject only to the Permitted Exceptions. (b) City, or its grantors, will pay or provide evidence of prior payment of ad valorem taxes against the Property for 2008 and prior years. (c) City and its grantors will execute and deliver to the School the usual non-lien affidavit and such additional documents and instruments which the School's counsel and City's counsel may mutually determine are necessary or desirable to the proper consummation of this transaction. 3. The School will pay all costs and expenses of closing including, without limitation, recording fees, the title insurance premium, costs of obtaining and recording any title curative documents and survey and abstracting expenses. IV. ENTRY UPON AND INSPECTION OF PROPERTY The School shall have the right from time to time at reasonable times to inspect the Property prior to closing. City will obtain permission from its grantors to allow third parties reasonable access to the Property upon the request of the School to examine the Property for the purposes of making appraisals, inspections or surveys and to conduct, or cause to be conducted, test borings, soil analysis, topographical surveys and engineering studies. The School agrees to be responsible for any damages or third-party liability resulting from said inspections and, upon request, to provide copies of all inspection reports to the City. V. ENVIRONMENTAL INSPECTION 1. In addition, and without limiting the School's rights under the preceding Section IV, the School shall have the right to investigate the Property, at the School's expense, to determine its environmental condition and to verify the absence of any abandoned and unplugged or improperly plugged oil or gas wells. 2. The School's environmental inspection, if undertaken, shall be performed by independent experts and consultants selected by the School. Such investigation may include, without limitation, document reviews, site inspections, sampling and analysis of soil and ground water or such other activities as, in the opinion of the expert or consultant performing the investigation, is necessary to determine the environmental condition of the Property. The results of the investigation will be provided to City, upon request. 3. The obligation of the School under this Agreement is expressly conditioned upon the fact that the Property is free from contamination by hazardous or toxic substances (as defined in CERCLA, 42 U.S.C. §§ 9601, et seq., RCRA, 42 U.S.C. §§ 6901, et seq., or the regulations implementing these Acts), and that no abandoned and unplugged or improperly plugged oil or gas wells are located on the Property. Failure of this condition, as determined by the environmental inspection described herein shall, at the option of the School, result in termination of this Agreement. This condition shall be deemed satisfied by the School's acceptance of the SWD at closing or if the School fails to notify City of its intent to terminate this Agreement for failure of environmental conditions within thirty (30) days after the date hereof. VI. PERMITTED USE AND REVERSION 1. The Property shall become a part of the School's new Owasso campus and may be used solely and exclusively for educational purposes. The School further agrees that, in recognition of the gift of the Property, the School's new campus shall be identified with the City through the use of the City's name in the name of the campus. It is understood and agreed that the School shall construct upon the Owasso campus a joint use facility housing its own educational programs and, through a lease with Tulsa Community College, a program of instruction in higher education. 2. Subject to the provisions of Paragraph 3 of this Article VI, the Parties agree that the City shall retain a right of entry to the Property with the power to terminate the Schools ownership thereof in the event that (i) the School fails to commence construction of the Owasso campus (and to diligently pursue completion thereof) within two (2) years after the date of the conveyance of the Property to the School, or (ii) the School ever ceases to use the Property for educational purposes including a program ofpost-secondary instruction. The City's right of entry shall be exercised by written notice to the School describing the event giving rise thereto and shall be effective one hundred eighty (180) days after receipt. The SWD delivered to the School at closing shall convey the Property to the School in fee simple upon condition subsequent reserving the City's right of entry as described herein. 3. The School shall have the option to purchase or terminate the City's right of entry at any time before or after notice of exercise by the payment to the City of an amount equal to the fair market value of the Property, less and except any improvements thereto. In the event that the parties are unable to agree as to the fair market value of the Property, the value shall be determined by arbitration in accordance with the rules of the American Arbitration Association. Each party shall bear their own attorney's fees and expert witness fees and shall share the costs of the arbitrator. DATED this day of December, 2008. CITY OF OWASSO, OKLAHOMA By: Name: Title: TULSA TECHNOLOGY CENTER SCHOOL DISTRICT a/k/a TULSA TECHNOLOGY CENTER By: President, Board of Education EXHIBIT "A" Legal Description of Property 15' Tract: PART OF THE W/2 NW/4 SE/4 AND THE W/2 E/2 NW/4 SE/4, SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID W/2 NW/4 SE/3, SAID POINT BEING 174.5 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE S 0°00'38" E ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 169 A DISTANCE OF 892.35 FEET, THENCE S 2°49'22" E ALONG SAID RIGHT-OF-WAY LINE 428.67 FEET TO A POINT ON THE SOUTH LINE OF SAID W/2 NW/4 SE/4, SAID POINT BEING 195.59 FEET EAST OF THE SOUTHWEST CORNER THEREOF, THENCE N 89°59'43" E 796.86 FEET TO THE SOUTHEAST CORNER OF SAID W/2 E/3 NW/4 SE/4, THENCE N 0°02'35" W 1320.73 FEET TO THE NORTHEAST CORNER THEREOF, THENCE S 89°58'43" W 817.14 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 24.6 ACRES MORE OR LESS. LESS AND EXCEPT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW/4 SE/4, THENCE S 88°44'40"WAND ALONG THE SOUTH LINE OF SAID NW/4 SE/4 A DISTANCE OF 330.75 FEET TO THE "POINT OF BEGINNING", THENCE S 88°44'40"WAND ALONG SAID SOUTH LINE A DISTANCE OF 796.66 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF HIGHWAY 169; THENCE N 4°05'39" W AND ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 427.45 FEET, THENCE N 1°18'17"WAND ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 111.57 FEET, THENCE N 88°44'40" E A DISTANCE OF 817.20 FEET TO A POINT ON THE WEST LINE OF THE E/2 E/2 NW/4 SE/4, THENCE S 1°19'57" E AND ALONG SAID WEST LINE A DISTANCE OF 538.50 FEET TO THE "POINT OF BEGINNING" (the "PROPERTY"). 2"`' Tract: A TRACT OF LAND SITUATED IN THE N/2 OF THE SE/4 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NE/4 CORNER OF SAID N/2 SE/4; THENCE S 88°44'39"WAND ALONG THE NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 1057.71 FEET TO THE "POINT OF BEGINNING"; THENCE S 1°20'48" E A DISTANCE OF 780.77 FEET; THENCE S 88°44'40" W TO A POINT ON THE WEST LINE OF E/2 E/2 NW/4 SE/4 A DISTANCE OF 594.62 FEET; THENCE N 1°19' S7" W TO A POINT ON THE NORTH LINE OF THE N/2 SE/4 A DISTANCE OF 780.77 FEET; THENCE N 88°44'39" E AND ALONG SAID NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 594.43 FEET TO THE POINT OF BEGINNING. 0 U TULSA COMMUNITY COLLEGE I CITY OF OWASSO 2/11/08 Legend 111 N. Main street TULSA TECH ~,~;~~ TULSA COMMUNITY P.O. Box 180 CENTER SITE i~ ~ COLLEGE SITE Owasso, OK 74055 North HIS MAP IS FOFt 3NF'ORMATION PURPOSE ONLY ANL` 15 NOT :1`.TTENDED TO PRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT 918.376.1500 ARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCUR_ACY_ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ACQUISTION OF LAND AND DONATION OF LAND TO TULSA TECHNOLOGY CENTER (TTC) DATE: November 26, 2008 BACKGROUND: The Owasso Capital Improvements Committee met in a Special meeting on Thursday, November 20, 2008. Item # 2 listed on the agenda was an update and discussion on the Tulsa Community College/Tulsa Technology Center Road Construction Project and Land Acquisition. During the regular City Council meeting of April 1, 2008, Council approved Resolution No. 2008-01, a resolution amending the priority determination of the Capital Improvement Projects eligible to receive funding from the Capital Improvements Fund in FY 2008-2009 to include the Tulsa Community College/Tulsa Technology Center Road Construction Project and Land Acquisition, among other projects. Attached for your review is the sign in sheet for those citizens attending the CIP meeting on Thursday, November 20, 2008 who support the land acquisition. No citizens signed the designated sign in sheet to oppose the project. -~--~ ~ o ~ ~~ o ~ rt~ ~ ~ ~' ~.~e~k ~--~ ~~ o ~ - -- ..___. (_~.:~. ~~~ C~2~ s ~,~~-_ ~-~-` C~ i a `C rl I~L ~'i t' ~~~- l~-dl ~'1.~.-~~ G~~y LNG .~~~ ~~ ~e ~~ ~ ~ ~'~.«y ~~~ ler ~~~~~~~' .., ~~: ~~~ ~ a~ ~ - ---~-- ~~ ~1~.~~~,~ ,~s~f"e r. !/ ..-- ~ ! ~C1~~ t ~~~ ~ ~~~ ~~ ~~ ~ 4 l,`~ ~~ / ~~~ II'~t~,~~e ~ ~1e~~s~ ~~,~-~~~ .,~ ,~ ~i~~'1~~~ UV~;~"~~~J n 'P ~t ~d ~0 1 v~ s o Y~ ,,-° f„ ~ ~' r it ,~ ~ ~G~ i ~ ~~~ ~~~~~ ~~~~-~,~~~ r ~.~ ~^ ~oN~~~W ,Ltr C:.,~,~ z ~.~ t-~ ~ G ~, r/ ~y MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP ASSISTANT CITY MANAGER SUBJECT: APPROVING INCURRENCE OF DEBT CITY RESOLUTION N0.2008-07 SUBJECT: AUTHORIZING ISSUANCE OF DEBT OPWA RESOLUTION N0.2008-04 DATE: November 26, 2008 BACKGROUND: In October of 2003, Owasso citizens voted to approve changes to the third-penny sales tax ordinance. According to Ordinance No. 763, the purpose of the third-penny sales tax is "to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects." The ordinance includes the requirement that "said capital projects" are to be "review 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." The third-penny sales tax is projected to generate $5.8 million in fiscal 2008-2009, $4.9 million of which is currently used for debt service. The Capital Improvements Committee met on March 13, 2008 and voted to recommend projects to the City Council. The City Council conducted a Public Hearing on March 18, 2008. On April 1, 2008, the City Council approved Resolution No. 2008-01 establishing new priority projects as: Street Improvement/Repair Program, Sports Park, East 86`h Street North Widening Project, East 106~h Street North & North Garnett Road Intersection Improvements, and Tulsa Community College/Tulsa Technology Center Road Construction Project and Land Acquisition. Funding for these projects will be derived from the issuance the OPWA Sales Tax Note, Series 2008 in the amount of $7,680,000. Keith McDonald, Financial Advisor and Allan Brooks, Bond Counsel, consulting with city staff over the past few months, have developed a debt structure and terms to meet our financing needs and provide the lowest possible costs and fees. Discussions with potential. lending institutions to gauge the market and interest in OPWA debt led to the decision that a negotiated sale rather than a bid on this note should provide the best interest rate. Those negotiations will not be complete until Monday or Tuesday of next week. Consequently, the attached resolutions contain blank spaces where the bank name and interest rate will be added. The final documents will be provided at the meeting on December 2°d As a public trust of the City, the OPWA cannot incur debt without the approval of the City Council. City Resolution No. 2008-07 authorizes the OPWA to issue its Sales Tax Revenue Note, Series 2008. The resolution approves waiver of competitive bidding for the sales of this Note. The resolution also ratifies and confirms existing agreements between the City and the OPWA and provides various other requirements of the financing. OPWA Resolution No. 2008-04 authorizes the issuance of a $7,680,000 Sales Tax Revenue Note, Series 2008. The resolution approves waiver of competitive bidding and authorizes the note to be sold on a negotiated basis. The resolution also ratifies and confirms existing agreements between the City and the OPWA, provides various other requirements of the financing and authorizes the execution of all documents related to the transaction. COUNCIL RECOMMENDATION: Staff recommends Council approval of City Resolution No. 2008-07 approving the incurrence of debt by the Owasso Public Works Authority and containing other related provisions. OPWA RECOMMENDATION: Staff recommends OPWA Trustee approval of OPWA Resolution No. 2008-04 authorizing the issuance of a $7,680,000 Sales Tax Revenue Note and containing other related provisions. ATTACHMENTS: City Resolution No. 2008-07 OPWA Resolution No. 2008-04 CITY OF OWASSO RESOLUTION N0.2008-07 NOW, THEREFC CITY OF OWASSO, OK] SECTION 1. Ind IT RESOLVED BY THE CITY COUNCIL OF THE less Authorized. The Owasso Public Works Authority (the o incur an indebtedness by the issuance of its Sales Tax Revenue of $7,680,000, according to the terms and conditions of a Note 1, 2©©4, as supplemented and amended by a Supplemental Note 1, 205, and as further supplemented and amended by a ~d as'` of December 1, 2008, all by and between the Authority and ely, the "Note Indenture"), provided that said Note shall never Sasso, Oklahoma (the "City"). SECTION 2, Organizational Document Subject to Note Indenture. The organizational document creating the Authority, is hereby made subject to the terms of the Note Indenture authorizing the issuance and securing the payment of the Note as more fully described in Section 1 hereof. SECTION 3. Waiving Competitive Bidding; Approval of Sale Proceedings. The waiving of competitive bidding for the sale of the Note and the sale of said Note by the Authority to is hereby approved. SECTION 4. Sales Tax Agreement. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement"), which Sales Tax Agreement pertains to a year-to-year pledge of certain sales tax revenue as security for the Note, is hereby ratified and confirmed. SECTION 5. Cit~pectations. The City anticipates that the total amount oftax-exempt obligations (other than private activity bonds) issued by The Owasso Public Works Authority or other issuers on behalf of said City, will not exceed $10,000,000 for calendar year 2008, and the City hereby designates the Note to be a qualified tax-exempt obligation with respect to the financial institution interest deduction provisions contained in the Internal Revenue Code of 1986, as amended, and authorizes the Mayor or Vice Mayor to execute and deliver on behalf of the City a Certificate of Designation to that effect. SECTION 6. Authorizing Execution. The P City Clerk of the City representing the City at the hereby authorized to execute and deliver on beh< documentation necessary or attendant to the delivery r Vice Mayor of the above- the City any and all „Note, as directed by F Clerk or Deputy d note issue are ;rtifications and PASSED AND APPROVED THIS (SEAL) A B~ 2008. OF OWASSO, OKLAHOMA Name: Stephen Cataudella Title: Mayor 2 OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NO. 2008-04 A RESOLUTION AUTHORIZING THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY") TO ISSUE ITS SALES TAX REVENUE NOTE, SERIES 2008 (THE "NOTE") IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,680,000; WAIVING COMPETITIVE NOW, THER PUBLIC WORKS A by the "Note") fo urpose of the constructs ~: f a new construction, al ~ , ith rel and (iii) paying cer~ ~~ ~ = oft; at the rate of ° o^= "~a~ RESOLVED BY THE TRUSTEES OF THE OWASSO ` F,SS AUTHORIZED. The Authority is authorized to incur an its ~ "` ~x Revenue Note, Series 2008, for and on behalf of the e "Ci ; in an aggregate principal amount of $7,680,000 (the nanci yg the acquisition of certain real property in connection with lsa Technology Center campus, (ii) financing street and road costs (items (i) and (ii) collectively referred to as the "Project"), ~ciated with the issuance of the Note. The Note shall bear interest nand shall mature in semiannual principal installments as follows: Maturity Date June 1, 2009 December 1, 2009 June 1, 2010 December 1, 2010 June 1, 2011 December 1, 2011 Principal Amount $ 100,000 95,000 95,000 95,000 95,000 100,000 June 1, 2012 December 1, 2012 June 1, 2013 December 1, 2013 June 1, 2014 December 1, 2014 June 1, 2015 December 1, 2015 June 1, 2016 December 1, 2016 June 1, 2017 December 1, 2017 June 1, 2018 December 1, 2018 SECTION 2. C( said Note is waived and provided however, SECTION 3. SALES TAX A December 1, 2004, between the City and t Tax Agreement pertains to a year-to-year Note, is hereby ratified and confirmed. supplemented a~n~l and between--the . IlVDENTURE. the Note Indenture 435,000 445,000 455,000 465,000 480,000 490,000 500,000 510,000 sale of price of par; $38,400.00. revenue as security for the ~. The Supplemental Note Indenture as said Supplemental Note Indenture December 1, 2004, as previously e dated as of October 1, 2005, each by i~t~~ ~_ ectively, the "Note Indenture"), authorizing the the Note approved in Section 1 hereof, is hereby approved ~~Secretary or Assistant Secretary of the Authority are ~~iver same for and on behalf of the Authority. lal document creating the Authority is subject to the provisions of Section 4 hereof. SECTION 6. RTIFICATE OF DESIGNATION. The Authority anticipates that the total amount of tax-exempt obligations (other than private activity bonds) issued by the Authority or other issuers on behalf of the City, will not exceed $10,000,000 for calendar year 2008, and hereby designates the Note to be a qualified tax-exempt obligation with respect to the financial institution interest deduction provisions contained in the Internal Revenue Code of 1986, as amended, and authorizes the Chairman or Vice Chairman of the Authority to execute and deliver on behalf of the Authority a Certificate of Designation to that effect. 2 SECTION 7. PROFESSIONAL SERVICES AGREEMENTS. The Chairman or Vice Chairman is authorized to execute and deliver a Legal Services Agreement with The Public Finance Law Group PLLC, as Bond Counsel, in connection with the transaction referenced herein. SECTION 8 EXECUTION OF NECESSARY DOCUMENTS. The Chairman or Vice-Chairman and Secretary or Assistant Secretary of the Authority are hereby authorized and directed on behalf of the Authority to execute and deliver the Note to , upon receipt of the purchase price and are further authorized and directed to execute all necessary documentation and closing and delivery papers required by Borth ~°..Counsel; approve the °k disbursement of the proceeds of the Note, including any costs of issu~aice; to approve and make any changes to the documents approved by this Resolution, for an ;behalf of the Authority, the execution and delivery of such documents being conclusiv to approval of any changes contained therein b the Authori '°~ y ty; and to execute, rec ~ d file ai~`~ d all the necessary financing statements and security instruments, including,, „ ~ limited tot ' currents approved hereby, and to consummate the transaction contemplatet~ hereby PASSED AND APPROVED TH „",DAY OF DECI~~~ER, 2008. SOP TC WORKS AUTHORITY (SEAL) Name: Stephen Cataudella Title: Chairman ATr By: 3 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: SETTLEMENT CONFERENCE IN KERRY SEAMAN V. MITCHELL, BELL, DENTON, WOODRUFF AND MUTII, 07-CU-665 GKF-FHM DATE: December 2, 2008 BACKGROUND On November 19, 2007, suit was filed in federal court by the Plaintiff, Kerry Seaman, against the Defendant police officers, Jarod Mitchell, Nancy Bell, Michael Denton, Jason Woodruff and Lem Mutii. The Plaintiff's action arose out of his arrest on New Year's Eve in 2006. On that evening, the Plaintiff was pulled over and arrested by Officer Jason Woodruff for operating a motor vehicle while under the influence of alcohol. Mr. Seaman refused to submit to a field sobriety test and was subsequently arrested for driving under the influence of alcohol. He was then transported to the City of Owasso jail where he was booked and escorted to a cell. The Plaintiff later plead guilty to DUI-Alcohol Second Offense, Reckless Driving and Driving Under Suspension and was sentenced on July 18, 2007. During the booking procedure, the Plaintiff became increasingly agitated and exhibited belligerent behavior toward all of the police officers dealing with him. As he was escorted to his cell, the Plaintiff grabbed an officer's uniform shirt and pushed him in an aggressive manner. Other officers attempted to secure the Plaintiff on the floor in handcuffs but he resisted their efforts. After a lengthy struggle, a short burst of pepper spray was administered to the Plaintiff s face. The Plaintiff was then secured and placed in a cell where he began kicking and banging his head on the cell door. Officers eventually were required to enter the Plaintiff's cell and place him in leg restraints. During that process, the Plaintiff kicked wildly at the officers and struck at least one of the officers in the thigh with his foot. Another burst of pepper spray was administered, and the Plaintiff was then secured. The Plaintiff was subsequently charged with several counts of Assault & Battery on a Police Officer in addition to the DUI-related charges. However, the Assault & Battery charges were dismissed by the Tulsa County District Attorney's Office as part of the Plaintiff's plea bargain agreement. Thereafter, this action was filed by the Plaintiff. The Federal Rules of Civil Procedure require attendance at settlement conferences by a person will full settlement authority for any organization named as a defendant in the law suit. Although such a representative cannot be compelled to settle the case, defendants in federal lawsuits are required to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. In this case, given that the court has issued an order scheduling a settlement conference on December 3, 2008 and has compelled attendance and participation by the parties, it is necessary for the City of Owasso to vest a representative with full settlement authority to attend the settlement conference on the City's behalf. RECOMMENDATION The staff recommends that the City Council designate the City Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso in the case of Kerry Seaman v. Mitchell, et al., and confer full and final settlement authority upon him for the potential disposition of this case. ATTACHMENT: 1. Resolution No. 2008-06 2 OWASSO CITY COUNCIL RESOLUTION NO. 2008-06 A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON DECEMBER 3, 2008 IN THE LITIGATION STYLED KERRY SEAMAN V JAROD MITCHELL, NANCY BELL, MIKE DENTON, JASON WOODRUFF AND LEM MUTII, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE. WHEREAS: The above-named City of Owasso police officers are parties to litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Kerry Seaman v. Mitchell, Bell Denton Woodruff and Mutii, 07-CV-665 GKF-FHM, and, WHEREAS: The defendants have been ordered to attend, through an authorized settlement representative, asettlement conference before the Court to occur on the 3rd day of December 2008, in the United States Courthouse in Tulsa, Oklahoma, and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager for purposes of the settlement conference, THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement representative of the City of Owasso for purposes of the above- described settlement conference, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full and final settlement authority on behalf of the City of Owasso for purposes of the settlement conference to be held on December 3, 2008. APPROVED AND ADOPTED this 2nd day of December, 2008, by the City Council of the City of Owasso, Oklahoma. Stephen Cataudella, Mayor Attest: Sherry Bishop, City Clerk Approved To Form: J ~e T. Lombar i, City Attorney MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR RECOMMENDATIONS FOR PRIORITIZED CAPITAL PROJECTS FROM THE OWASSO CIP COMMITTEE AND PUBLIC HEARING The Capital Improvements Committee was formed to ensure citizen input in the Capital Improvements planning process. The Capital Improvements Plan is a critical planning tool that outlines a path of expenditures for major projects of high priority to the City of Owasso. The committee is comprised of 19 members, and meets annually with the goal of recommending updates of the capital improvements plan to the City Council before the end of each fiscal year. List of Members of the Capital Improvements Committee ig Bonebrake, Councilor Sherry Bishop Gall, Councilor Bradd Clark e Ames Chelsea Harkins ik Enzbrenner Warren Lehr Haskins Julie Lombardi h Hauser Rodney Ray Hunter Timothy Rooney i Kimball Roger Stevens an Stovall Eric Wiles Dan Yancey November 26, 2008 PROCESS FOR CREATING ANNUAL LIST OF PRIORITIES: Adopted September 2, 2003, Resolution 2003-14 sets the guidelines whereby the City Council establishes capital priorities each year. First, the Capital Improvements Committee conducts a meeting and transmits a recommendation of capital priorities to the City Council. Then, the City Council conducts a public hearing in order to receive and consider information provided by citizens that may be relevant to the proposed amendment to the priorities. Finally, at least two weeks after the public hearing, the City Council adopts by resolution the prioritized list of capital projects for the upcoming fiscal year. PRIORITIES: Adopted last year for Fiscal Year 2008-2009, the capital improvement projects currently prioritized by Resolution 2008-01 are the following: 1. Street Improvement/Repair Program 2. Sportspark 3. East 86~" Street North Widening Project 4. East 106`" Street North and North Garnett Road intersection improvements 5. Tulsa Community College/Tulsa Technology Center Road Construction Project and Land Acquisition PROPOSED PRIORITY CAPITAL IMPROVEMENT PROJECTS: Two capital improvement projects have been identified that the staff recommends to be added as priorities. CAPITAL IMPROVEMENTS DESIGN -The staff proposes that a capital improvements design firm be engaged to guide the process of citizen input and determine the scope of capital projects. It is estimated that up to $300,000 will be needed to secure design consulting services. SERVICE ROADS -This project proposes to continue the development of the Highway 169 Service Roads. The service roads would remain unbudgeted at this time. These streets are a vital component of the Owasso transportation system, and as land adjacent to Highway 169 is developed, the City has occasionally been asked to participate in funding the extension and construction of the service roads. The purpose for prioritizing them would be to position the City to participate in the construction and funding of these streets. CAPITAL IMPROVEMENTS COMMITTEE MEETING: The Owasso Capital Improvements Committee considered the two proposed capital projects at a meeting on November 20, 2008. At that meeting, the Committee unanimously recommended that the City Council add the two projects to the list of Capital Priorities. RECOMMENDATION: The staff recommends the City Council conduct a public hearing on December 2, 2008 to obtain citizen input on capital expenditures for FY' 08-09. ATTACHMENTS: 1. Resolution 2003-14 2. Resolution 2008-01 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2003-?4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING AN AMENDATORY PROCEDURE FOR AMENDING PRIORITY DETERMINATIONS PREVIOUSLY MADE BY THE CITY COUNCIL AS RELATES TO UTILIZATION OF THE PROCEEDS OF THE EXCISE TAX LEVIED BY ORDINAI~ICE N0.763, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Amendment to Priority Determination for utilization of the proceeds of the excise tax levied by Ordinance No. 763, shall be accomplished in the following manner, to wit: A. The proposal for amendment to the Priority Determination shall be presented to the Capital Improvements Committee, in a regular or special meeting thereof, called, noticed and held in accordance with the provisions of the Oklahoma Opeu Meeting Act, 25 O.S. 301, et req. The Capita] Improvements Conunittee, in such public meeting, shall consider all matters deemed relevant by it to the proposed amendment to Priority Determination and at the conclusion of such consideration it shall make a recommendation thereon to the City Council. B. Prior to the City Council consideration of the Capital Improvement Committee's recommendation and the proposed amendment to the Priority Determination. The City Council, during a regular or special meeting thereof called, noticed and held in accordance with the provisions of the Oklahoma Open Meeting Act, 25 O.S. 30] et req., shall conduct a public hearing thereon. In addition to such notice as may be required under the provisions of the Oklahoma Open Meeting Act, 25 O.S. 301 et req., notice of such public hearing shall be published once in a newspaper of general circulation not less than five (5) calendar days prior to such public hearing. C. During the course of the public hearing, the City Council shall receive and consider such information as deemed by the City Council relevant to the proposed amendment to Priority Determination. D. At the conclusion of the public hearing, the City Council shall, after discussion on the proposed amendment, continue the matter for a period of not less than two (2) weeks to a date, time and place certain for continued consideration of same. At such time, the City Council shall take such action as it deems appropriate on the proposed amendment. Any action taken shall ultimately be set forth by way of Resolution. The date of adoption of said Resolution of the proposed amendment to Priority Determinations shall be deemed the effective date. APPROVED AND ADOPTED this 2"d day of September, 2003 by the City Council of the City of Owasso, Oklahoma. ,'i '~ F U yy,:ti 9,~' ATTEST: ~a'~,:`~ ~'tp 4 OFFICII~L 3.i Y i.a-6 ,~ ,~ Gary ochran, Mayor Sherry Bishop; City Clerk ~~ APPROVED AS TO FORM: S P. Gray, C~ Att ey CITY OF OWASSO, OKLAHOM1'IA RESOLUTION NIJ~IBER 2008-O1 A RESOLUTION OF •THE CITY COUNCIL OF THE CI"rY OF OWASSO, OKLAHUI4I.A, AMENDING PRIORCCY DF..TERIVIINATIUN OF CAPITA[. IMPROVEMENT PROJECTS FOR FUNDING FROM THE CAPCFAL IMPROVEMENTS FUND. WHEREAS, on the 14`h day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, an ordinance providing far the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital hmprovements Committee and approved by the City Council by resolution; WHEREAS, the City Council, by Resolution No. 2007-05, designated as priorities, specit5cally: the North 129`" East Avenue Road Widening Project, Street Improvement,Repair Program, Main Street Redevelopment Project, Sportspark, East 86"' Street North Road Widening Project, and a Joint Training Facility; and, WHEREAS, the City Council, after having received a recommendation from the Capital Improvements Committee that the following five projects: 1) Street hnprovement!Repair Program, 2) Sportspark, 3) East 86"` Street North Widening Project, 4) East 106"' Street North and North Garnett Road intersection improvements, and 5) Tulsa Community College/Tulsa Technology Center Road Construction Project and Land Acquisition be included in the priority projects list, and after properly notifying the Public, all in accordance with Resolution No. 2003- 14, has held a Public Hearing as required by the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY T1iE CITY COUNCIL OF THF. CITY OF O~'VASSO, OKL.1H014IA, that, to-wit: The Capital Projects heretofore desian~ated as priorities be amended by providing, to-wit: the 1) Street hnprovement/Repair Program, 2) Sportspark, 3) East 86`'' Street North Widening Project, 4) East 106"' Street North uid North Garnett Road intersection improvements, and S) `T`ulsa Community CollegeiTulsa Technology Center Road Constriction Project and Land Acquisirion -- are hereby approved and shall be considered as the priority capital projects for funding from the Capital Improvements Fund. (iFFrCi.^I. ~~~'' ~~L .~-rTEST: „ ~ , DATED this 7th day of April, 2008. F E ,~ ~~ Stephen C taudella, Mayor Sheny Bi~dp, City Clerk APPR 'ED AST ORI\•1: ~:.~..~ ~ Juli ambardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 934 DATE: November 26, 2008 BACKGROUND: At the November 4, 2008 meeting, the Owasso City Council approved an Annexation request (OA 07-08) of approximately 990 acres of Stone Canyon, located on the south side of East 76th Street North between North 161St East Avenue and North 193rd East Avenue. Attached is a copy of Ordinance No. 934 that formally adopts the City Council's action of November 4, 2008. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 934. ATTACHMENTS: 1. Ordinance No. 934 2. Exhibit A CITY OF OWASSO ORDINANCE NO. 934 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, A TRACT OF LAND SITUATED IN SECTIONS 35 AND 36, T21N, R14E, OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FIVE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three-fourths of the legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the Planning Commission of the City of Owasso, at a meeting to be held on September 8, 2008 at 6:00 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 8t" day of September, 2008, said Petition was duly considered by the Planning Commission and was determined to have complied with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Rogers County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, shown in Exhibit A and more particularly described as follows, to-wit: ALL OF SECTIONS 35 AND 36, T21N, R14E, OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT THE PROPERTIES DESCRIBED AS FOLLOWS: 1. A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY-FNE (35) OF TOWNSHIP TWENTY-ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (LB.&M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, ROGERS COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SW/4 OF SECTION 35, T-21-N, R- 14-E, LB.&M.; THENCE S 1°11'11" E ALONG THE WEST LINE OF SAID SW/4 A DISTANCE OF 560.85 FEET TO THE POINT OF BEGINNING; THENCE N 88°50'27" E A DISTANCE OF 874.75 FEET; THENCE S 7°06'37" E A DISTANCE OF 2088.55 FEET TO THE SOUTH LINE OF SAID SW/4; THENCE S 88°46'38" W A DISTANCE OF 1090.31 FEET TO THE SW CORNER OF SAID SW/4; THENCE N 1°11'11" W A DISTANCE OF 2078.51 FEET TO THE POINT OF BEGINNING, AND CONTAINING 46.87 ACRES, MORE OR LESS. 2. A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) AND THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY-SIX (36) OF TOWNSHIP TWENTY-ONE (21) NORTH AND RANGE FOURTEEN EAST AND IN GOVERNMENT LOTS ONE (1) AND TWO (2) OF SECTION (1) OF TOWNSHIP TWENTY (20) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (LB.&M.) ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, ROGERS COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SE/4 OF SECTION 36, T-21-N, R-14- E, LB.&M. BEING ON THE NORTH LINE OF LOT 4 OF SECTION 6, T-20-N, R-15- E, I.B.&M.; THENCE S O1°14'08" E A DISTANCE OF 50.00 FEET; THENCE S 88°46'38" W A DISTNACE OF 257.98 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 990.00 FEET, A CENTRAL ANGLE OF 4°33' 13", A CHORD BEARING OF S 86°30'02" W, A CHORD LENGTH OF 78.66 FEET FOR A DISTANCE OF 78.68 FEET; THENCE S 84°13'25" W A DISTNACE OF 124.69 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1090.00 FEET, A CENTRAL ANGLE OF 13°20' 18", A CHORD BEARING OF N 89°06'26" W, A CHORD LENGTH OF 253.18 FEET FOR A DISTANCE OF 253.75 FEET; THENCE N 82°26' 16" W A DISTANCE OF 139.67 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1750.00 FEET, A CENTRAL ANGLE OF 04°02'01 ", A CHORD BEARING OF N 84°27' 17" W, A CHORD LENGTH OF 123.17 FEET FOR A DISTANCE OF 123.19 FEET TO THE WEST LINE OF LOT 4 OF SAID SECTION 6; THENCE ALONG A CURVE TO THE LEFT INTO SECTION 1, T-20-N, R-14-E, LB.&M. HAVING A RADIUS OF 1750.00 FEET, A CENTRAL ANGLE OF 19°05'57", A CHORD BEARING OF S 83°58'44", A CHORD LENGTH OF 580.66 FEET FOR A DISTANCE OF 583.36 FEET; THENCE S 74°25'45" W A DISTANCE OF 123.00 FEET TO THE POINT OF BEGINNING; THENCE S 74°25'45" W A DISTANCE OF 77.70 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1090.70 FEET, A CENTRAL ANGLE OF 16°59'34", A CHORD BEARING OF S 82°55'32" W, A CHORD DISTANCE OF 322.29 FEET, FOR A DISTANCE OF 323.48 FEET; THENCE N 88°34'21" W A DISTANCE OF 443.74 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADNS OF 988.91 FEET, A CENTRAL ANGLE OF 8°42'24", A CHORD BEARING OF S 87°04'27" W, A CHORD DISTANCE OF 150.13 FEET, FOR A DISTANCE OF 150.28 FEET; THENCE S 82°43'32" W A DISTANCE OF 232.24 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 19°12'01", A CHORD BEARING OF N 87°40'28" W, A CHORD DISTANCE OF 316.86 FEET, FOR A DISTANCE OF 318.35 FEET; THENCE N 78°04'27" W A DISTANCE OF 23.68 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1090.00 FEET, A CENTRAL ANGLE OF 18°23'23", A CHORD BEARING OF N 68°52'46" W, A CHORD DISTANCE OF 348.35 FEET, FOR A DISTANCE OF 349.85 FEET BEING ON THE NORTH LINE OF SAID SECTION 1; THENCE ALONG A COMPOUND CURVE TO THE RIGHT 1NT0 SAID SECTION 36 HAVING A RADIUS OF 1090.00 FEET, A CENTRAL ANGLE OF 6°38' 19", A CHORD BEARING OF N 56°21'55" W, A CHORD DISTANCE OF 126.22 FEET, FOR A DISTANCE OF 126.29 FEET; THENCE N 53°02'46" W A DISTANCE OF 303.60 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 990.00 FEET, A CENTRAL ANGLE OF 7°59' 18", A CHORD BEARING OF N 57°02'25" W, A CHORD DISTANCE OF 137.92 FEET, FOR A DISTANCE OF 138.03 FEET; THENCE N 61°02'04" W A DISTANCE OF 211.40 FEET; THENCE N 27°09'59" E A DISTANCE OF 817.88 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1240.00 FEET, A CENTRAL ANGLE OF 57°27'55", A CHORD BEARING OF N O1°33'58" W, A CHORD DISTANCE OF 1192.19 FEET, FOR A DISTANCE OF 1243.67 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 750.00 FEET, A CENTRAL ANGLE OF 40°34'15", A CHORD BEARING OF N 83°18'05" E, A CHORD DISTANCE OF 520.04 FEET, FORA DISTANCE OF 531.07 FEET; THENCE S 76°24'48" E A DISTANCE OF 211.30 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1370.00 FEET, A CENTRAL ANGLE OF 15°45'55", A CHORD BEARING OF S 84°17'45" E, A CHORD DISTANCE OF 375.79 FEET, FOR A DISTANCE OF 376.98 FEET; THENCE S 02°10'45" E ALONG THE WESTERLY BOUNDARY OF TANGLEWOOD AT STONE CANYON ACCORDING TO THE RECORDED PLAT THEREOF (AND UNTIL OTHERWISE NOTED) A DISTANCE OF 60.00 FEET; THENCE S 00°54'06" W A DISTANCE OF 258.97 FEET; THENCE S 83°15'37" W A DISTANCE OF 26.09 FEET; THENCE S 06°44'23" E A DISTANCE OF 50.00 FEET; THENCE S 03°51'25" E A DISTANCE OF 241.26 FEET; THENCE S 32°58'34" W A DISTANCE OF 125.75 FEET; THENCE S 02°09'51" E A DISTANCE OF 174.26 FEET; THENCE S 19°44'59" E A DISTANCE OF 242.64 FEET; THENCE S 51°58'14" E A DISTANCE OF 376.18 FEET; THENCE S 41°44'10" E A DISTANCE OF 254.20 FEET; THENCE S 62°45'58" E A DISTANCE OF 239.36 FEET; THENCE N 83°06'57" A DISTANCE OF 19.09 FEET; THENCE S 03°51'56" E A DISTANCE OF 282.80 FEET; THENCE S 16°32'25" E A DISTANCE OF 50.00 FEET; THENCE N 73°27'35" E A DISTANCE OF 29.38 FEET; THENCE S 18°18'44" E A DISTANCE OF 333.51 FEET TO THE SOUTH LINE OF SAID SECTION 36; THENCE S 18°18'44" E INTO SAID SECTION 1 A DISTANCE OF 41.71 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1012.24 FEET, A CENTRAL ANGLE OF 5°55' 19", A CHORD BEARING OF N 77°25'24" E, A CHORD DISTANCE OF 104.58 FEET, FOR A DISTANCE OF 104.62 FEET; THENCE N 74°25'45" E A DISTANCF, OF 77.80 FEET; THENCE S 15°34' 15" E A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 79.45 ACRES, MORE OR LESS. 3. TANGLEWOOD AT STONE CANYON, ACCORDING TO THE RECORDED PLAT THEREOF. 4. SETTLER'S CREEK AT STONE CANYON, ACCORDING TO THE RECORDED PLAT THERE. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Five thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That from and after the effective date of this Ordinance, the approved land use pattern for real estate and territory described in Section 1 hereof, shall be deemed to be as was approved by the Rogers County Board of Commissioners on October 17, 2005 as Stone Canyon PUD, and will be implemented in accordance with the provisions of the Owasso Zoning Code, Owasso Subdivision Regulations, and Owasso Engineering Design Criteria. Section 4. That there be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this day of , 2008. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: ~~ - Julie mbardi, City Attorney rn z 0 w z z i 0 a c 0 v PROPOSED ANNEXATION I CITY OF OWASSO ~ 08/26/08 Legend 111 N. Main Street P.O. Box 180 Owasso, OK 74055 North ~.;..t` 1~. t~f a1 'Is; t t - rp i~-5.. s i - i .; IN THPJ:' SL-:N"T AN AC.CUR47 F- ANU "I3I2UF SL1ALFi. ~USL C)}"}'f 11 .>,.-1AP t5 °«h.' 918.3/6.1500 ' i?ANTY OR REFRESENTATLON BY CFTY OF OWASSO OF' CTS AC<.'~. EXHIBIT A