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HomeMy WebLinkAbout1994.12.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 20, 1994 TIME: 7:00 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, December 16, 1994. Marc a Boutwell, City/Clerk AGENDA 1. Call to Order 2. Invocation Steve Irby Owasso Fire Department 3. Flag Salute 4. Roll Call 6 5. Request Approval of the Minutes of December #, 1994 Regular Meeting. Attachment #5 Owasso City Council December 20, 1994 Page 2 6. Request Approval of Claims. Attachment #6 A 7. Consideration and Appropriate Action Relating to Resolution #94 -15, a Resolution Calling a Non - Partisan Primary and General Election Pursuant to Provisions of the Owasso City Charter for the Purpose of Electing a Council Member for Ward 5. Mr Ray Attachment #7 The staff will recommend Council adoption of Resolution #94 -15. 8. Consideration and Appropriate Action Relating to Ordinance #493, an Ordinance Granting , a Permit to Tulsa Cable Television, Adopting Regulation Provisions, and Establishing an Effective Date. Mr Ray , Mr Cates Attachment #8 Staff will recommend Council approval of Ordinance #493. ' Owasso City Council December 20, 1994 ' Page 3 9. Consideration and Appropriate Action Relating to a Request for an Emergency Clause to be Attached to Ordinance #493, Providing for the Ordinance to Become Effective Immediately Upon Publication of the Ordinance. Mr Ray Mr Cates Attachment #9 II Staff will recommend the attachment of an emergency clause to Ordinance #493. 10. Consideration and Appropriate Action Relating to the Award of a Contract for Replacement Fencing at Rayola Park Ball Fields. Mr Ray Attachment #10 Staff has reviewed the bids and will recommend Council approval of a contract with Aaron Fence Co, Tulsa, OK in the amount of $9,499.00 for replacement fencing of one softball ' held and one baseball field at Rayola Park. 1 11. Consideration and Appropriate Action Relating to a Lease Agreement Between the City of Owasso and the Tulsa City /County Health Department Providing for a Renewal of an ' Annual Lease of a Building Located at 315 South Cedar. Mr Ray Attachment #11 ' The staff will recommend Council approval of the lease for the period July 1, 1994 through June 30, 1995 and that payment in the amount of one dollar be authorized. Owasso City Council December 20, 1994 Page 4 12. Consideration and Appropriate Action Relating to an Interlocal Agreement Between the City of Owasso and Tulsa County for the Purpose of Improving a Drainageway South of 76th Street and West of 122nd East Avenue. Mr Ray Attachment #12 Staff will recommend Council approval of the interlocal agreement, and that the Mayor be authorized to execute such document. 13. Consideration and Appropriate Action Relating to an Interlocal Agreement Between the City of Owasso and Tulsa County for the Purpose of Constructing a "Dry Fire Hydrant" for Use by the Owasso Fire Department. Mr Ray Attachment #13 Staff will recommend Council approval of the interlocal agreement, and that the Mayor be authorized to execute such document. 14. Consideration and Appropriate Action Relating to a Contract Between the City of Owasso and Southwestern Bell Telephone for the Purpose of Providing "Plexar" Telephone Service to the City. Mr Ray Attachment #14 Staff will recommend Council renewal of a contract with Southwestern Bell to provide "Plexar" telephone service to all city facilities. j ' Owasso City Council December 20, 1994 Page 5 15. Request that City Council Minutes of this Meeting Note Certain Information Relating to the I� Encroachment of a Residential Structure Upon a Platted Utility Easement. ■ Mr Ray Attachment #15 ' Staff will present information regarding a new residential structure that has been constructed g g over an active utility easement. Such construction allowed through error by inspector and builder. Notation in minutes is to provide record of notification to future owner /owners. 16. Consideration and Appropriate A ction Relating to the Acceptance of Improvements to the ' Water Distribution and Wastewater Collection Systems Constructed by the Developers of the Bailey Ranch Estates Subdivision. Mr Ray Attachment #16 Staff will recommend Council acceptance of the water and wastewater improvements. 1 t ' 17. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purpose of Discussing a Contract Between the City and the FOP; Such Discussion Allowed Pursuant to 25 O.S., Section 307 -B(2). Mr Ray The staff will recommend that the Council approve an executive session if necessary. 1 Owasso City Council December 20, 1994 Page 6 18. Consideration and Appropriate Action Relating to a Contract Between the City of Owasso and FOP Lodge #149 Providing for Wages, Compensation and Other Benefits for FY 1994 -95. Mr Ray This item has been placed on the agenda for action in anticipation of an arbiter's decision prior to the next regular City Council meeting. If such decision is transmitted, information and cost analysis will be provided as soon as possible. 19. Report from City Manager 20. Report from City Attorney 21. Reports from City Councilors 22. Unfinished Business ' Owasso City Council December 20, 1994 Page 7 23. New Business n M 24. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 6, 1994 The Owasso City Council met in regular session on Tuesday, December 6, 1994 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, December 2, 1994. ITEM 1: CALL TO ORDER IMayor Duke called the meeting to order at 7:05 p.m. [1 ■ J PRESENT Jerry Duke, Mayor Charles Burris, Vice Mayor Mary Lou Barnhouse, Councilor Joe Ramey, Councilor Danny Ewing, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ABSENT ITEM 5: REQUEST APPROVAL OF THE MINUTES OF NOVEMBER 15, 1994 REGULAR MEETING AND NOVEMBER 29 1994 SPECIAL MEETING. Mr Burris moved, seconded by Mr Ewing, to approve the minutes as submitted, by reference made a part hereto. AYE: Burris, Ewing, Ramey, Barnhouse, Duke NAY: None Motion carried 5 -0. ITEM 2: INVOCATION ' The invocation was Y . iven b Al son Ramey. g Y Y ITEM 3: FLAG SALUTE ' The flag salute was led by Mayor Duke. ITEM 4: ROLL CALL [1 ■ J PRESENT Jerry Duke, Mayor Charles Burris, Vice Mayor Mary Lou Barnhouse, Councilor Joe Ramey, Councilor Danny Ewing, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ABSENT ITEM 5: REQUEST APPROVAL OF THE MINUTES OF NOVEMBER 15, 1994 REGULAR MEETING AND NOVEMBER 29 1994 SPECIAL MEETING. Mr Burris moved, seconded by Mr Ewing, to approve the minutes as submitted, by reference made a part hereto. AYE: Burris, Ewing, Ramey, Barnhouse, Duke NAY: None Motion carried 5 -0. Owasso City Council ITEM 6: REQUEST APPROVAL OF THE CLAIMS December 6, 1994 ' Following questions and discussion, Mr Burris, seconded by Mayor Duke, that the following claims be approved: (1) General Fund $25,514.85; (2) Workers Comp Self - Insurance $40.00; (3) Ambulance Service Fund $1,207.83; (4) E -911 $1,707.76; (5) Community Center $795.00; (6) Cemetery Care $15,412.72; (7) City Garage $5,890.30; (8) Park Development $472.33; (9) Revenue Bond Project Fund $9,883.12; (10) Interfund Transfers $25,158.33; (11) General Fund Payroll #1 $95,065.03; (12) General Fund Payroll #2 $87,512.80;; (13) City Garage Payroll #1 $1,890.95; (14) City Garage Payroll #2 $2,262.79. AYE: Burris, Duke, Ramey, Ewing, Barnhouse NAY: None Motion carried 5 -0. ITEM 7: READING OF MAYOR'S PROCLAMATIONS. Mayor Duke read and presented a proclamation to the Owasso High School VICA in thanks for their assistance with the senior citizens Thanksgiving dinner and other community projects. Several members of the club were present to receive the proclamation. Mayor Duke then read a proclamation thanking the Owasso Sertoma Club for their contributions to the community, more specifically their sponsorship of the annual senior citizens Thanksgiving dinner. Bill Williams, past president of the club., received the proclamation. A third proclamation was read by the Mayor and presented to Mary Lou Barnhouse, in recognition and thanks for her contributions to the community. ITEM 8: PRESENTATION AND APPROPRIATE ACTION RELATING TO THE 1993 -94 AUDIT AND REPORT PREPARED AS A PART OF THAT AUDIT Finance Director Sherry Bishop reported that an independent audit performed by a certified public account, is required by city charter and state statutes. The firm of Stanfield & O'Dell serves as auditors for the City and OPWA. They have completed their audit for FY 1993 -94 and have submitted three reports: Financial Statements and Report of Independent Certified Public Accountants, Auditors' Single Audit Reports, and Advisory Comments Memorandum. Those reports were delivered to the Council members for review. Ms DaVee, with the firm of Stanfield & O'Dell, made a brief presentation. Mr Ramey moved to accept the audit report and direct that it be filed as required by law. Motion seconded by Mr Burris. AYE: Ramey, Burris, Ewing, Barnhouse, Duke NAY: None Motion carried 5 -0. 2 Owasso City Council December 6, 1994 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO CONSTRUCT AN EMERGENCY SERVICES HELIPORT AT THE OWASSO FIRE STATION, SUCH FACILITY TO BE CONSTRUCTED AND DONATED TO THE CITY BY THE OWASSO SERTOMA CLUB. The Owasso Sertoma Club has offered to fund, construct and donate a heliport to the City of Owasso, to be constructed at the new fire station. The heliport would be primarily used for emergency medical evacuation. The only expense to the City of Owasso will be for electricity to operate the required lights. Approval has been received from the FAA. Mr Ramey moved, seconded by Mayor Duke, to approve the project and accept the donation from the Owasso Sertoma Club. AYE: Ramey, Duke, Ewing, Barnhouse, Burris NAY: None Motion carried 5 -0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ' AWARD OF A CONTRACT FOR REPAIR OF THE COMMUNITY CENTER ROOF. In May of 1994, some repairs were made to the Community Center roof. At that time it was discovered that other areas of the roof needed some maintenance to prevent leaks. Proposals were solicited from four roofing companies for the needed repairs. The lowest proposal was submitted by All -Star Roofing of Owasso. Funding is included in the Community Center 1994 -95 budget. Mr Burris moved, seconded by Mr Ramey, to approve an expenditure of $1980 to All -Star Roofing for maintenance and repair of the Community Center roof. AYE: Burris, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5 -0. ITEM 11: REPORT FROM CITY MANAGER Mr Ray reported that the City has been notified by ODOT that the 66th Street entrances on Highway 169 will be closed on January 4, 1995. He also announced that a seminar will be held for the City's first line supervisors on December 7; and discussed some changes that will be occurring in the claims list. Owasso City Council December 6, 1994 ' ITEM 12: REPORT FROM CITY ATTORNEY No report. , ITEM 13: REPORTS FROM CITY COUNCILORS ' Mr Burris reported on the savings realized by the City as a result of the insulation of the police department building. The mayor thanked everyone whose efforts contributed to the Lights On ' ceremony held on December 5. ITEM 14: UNFINISHED BUSINESS ' The mayor requested that an item be placed on the December 20 agenda to consider the FOP contract in the event that a decision has been reached by the arbiter. ' ITEM 15: NEW BUSINESS ' Tom Kimball announced that Governor -elect Frank Keating has agreed to be the keynote speaker at the Chamber of Commerce banquet on January 27, 1995. ' ITEM 16: ADJOURNMENT Mr Burris moved, seconded by Mr Ramey to adjourn. , AYE: Burris, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:40 p.m. Marcia Boutwell, City Clerk 4 Jerry Duke, Mayor CITY OF OWASSO GENERAL FUND 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR PAGE: ' PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- MANAGERIAL ------------------------ - - - - -- 951155 HOBBY LOBBY SERVICES /AUDIT SUPPLIES 27.90 951156 KIMBALL ACE HARDWARE SUPPLIES 54.14 951184 CRAWFORD'S SPORT SPOT SUPERVISOR SWEATSHIRTS 298.00 951185 EMBASSY SUITES 951250 SUPERVISORS CHALLENGE 653.28 951186 CITY GARAGE BOCA INTERNATIONAL INC PARTS 61.89 951193 TREASURER PETTY CASH REIMB PETTY CASH 59.83 951193 TREASURER PETTY CASH MEETING EXPENSES 130.77 951193 TREASURER PETTY CASH REIMB PETTY CASH 20.15 951193 TREASURER PETTY CASH HOLIDAY PROJECTS 133.12 DEPARTMENT TOTAL =___) 1,439.08 FINANCE ------------------------ - - - - -- 950126 STANFIELD & O'DELL, P.C. SERVICES /AUDIT 346.79 951115 GOV. FINANCE OFFICERS ASS MEMBERSHIP DUES 135.00 951193 TREASURER PETTY CASH REIMB PETTY CASH 3.29 951193 TREASURER PETTY CASH SEMINAR 96.96 951250 SAM'S CLUB SUPPLIES 27.56 DEPARTMENT TOTAL =___) 609.60 COMMUNITY DEVELOPMENT ------------------------ - - - - -- 950022 MCCAW COMMUNICATIONS USAGE /PAGERS 55.63 950028 TULSA COUNTY MIS DIAL UP SERVICE 40.00 950029 CELLULAR ONE -TULSA USAGE 10.30 951193 TREASURER PETTY CASH REIMB PETTY CASH 8.05 951193 TREASURER PETTY CASH REIMB PETTY CASH 3.21 951196 BOCA INTERNATIONAL INC MEMBERSHIP DUES 120.00 DEPARTMENT TOTAL =___) 237.19 MUNICIPAL COURT ------------------------ - - - - -- 950106 CHARLES RAMSEY RETAINER 825.00 950107 MICHAEL D. HILSABECK RETAINER 825.00 DEPARTMENT TOTAL =___) 13650.00 ENGINEERING ------------------------ - - - - -- 3 950020 RONALD D CATES CITY OF OWASSO 700.00 950020 RONALD D CATES GENERAL FUND 1,550.72 ' 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR. PAGE: 4 PO # ---- - - - - -- VENDOR ------------------- DESCRIPTION - - - - -- ------------------- - AMOUNT ' - - - -- ------- - - - - -- 951153 DOZIER PRINTING PRINTING 30.00 ' 951186 CITY GARAGE PARTS 153.25 951193 TREASURER PETTY CASH REIMB PETTY CASH ' 18.28 DEPARTMENT TOTAL =___> -------- - 197.12 62.20 GENERAL GOVERNMENT TREASURER PETTY CASH REIMB PETTY CASH 950020 RONALD D CATES RETAINER. 700.00 950020 RONALD D CATES SERVICES 1,550.72 950022 MCCAW COMMUNICATIONS USAGE /PAGERS 14.95 950215 ST FRANCIS HOSPITAL -EAP EAP FEES 204.00 950218 DEPARTMENT OF CORRECTIONS DOC EMPLOYEES 193.05 951024 MIREX CORP COPIER MAINT 149.59 951164 DOZIER PRINTING PRINTING 227.25 951186 CITY GARAGE PARTS 18.28 951188 TULSA WORLD CLASSIFIED ADS 62.20 951193 TREASURER PETTY CASH REIMB PETTY CASH 4.32 951194 TREASURER PETTY CASH DOC MEALS 133.44 951214 MIREX CORP MAINT AGREEMENT 111.47 951250 SAM'S CLUB SUPPLIES 102.53 951252 TULSA WORLD LEGAL NOTICE 23.90 DEPARTMENT TOTAL = = = =) 3,495.70 MAINTENANCE ------------------------ - - - - -- 950022 MCCAW COMMUNICATIONS USAGE 40.68 950999 BUILDER'S SQUARE SUPPLIES 9.61 951183 WAL -MART SUPPLIES 31.15 951186 CITY GARAGE PARTS 3.40 DEPARTMENT TOTAL = = = => 84.84 CEMETERY ------------------------ - - - - -- 950899 BURT & SONS DIRT 90.00 951186 CITY GARAGE PARTS 40.49 DEPARTMENT TOTAL =___) 130.49 POLICE SERVICES ------------------------ - - - - -- 12/16/94 8:33:54 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 5 rPO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ip t 950078 MCCAW COMMUNICATIONS PAGER RENTAL 950081 YALE CLEANERS UNIFORM CLEANING 950085 L.E.T.N. TELEVISED TRAINING 950085 L.E.T.N. TELEVISED TRAINING 950852 PRYOR RESOURCES SEMINAR 951005 CELLULAR ONE -TULSA 11/94 USE 951096 PRYOR RESOURCES SEMINAR 951097 EPSON DIRECT COMPUTER 951137 THREE LAKES LAUNDRY LAUNDRY 951138 REASORS PRICE RITE SUPPLIES 951174 IACP MEMBERSHIP DUES 951186 CITY GARAGE PARTS 951186 CITY GARAGE PARTS 951197 OWASSO VET HOSPITAL SUPPLIES 951198 MELODY PARSLEY UNIFORM ALTERATIONS 951199 TUXALL UNIFORM & EQUIP UNIFORM PANTS 951201 WAL -MART SUPPLIES /FILM 951201 WAL -MART SUPPLIES 951241 WESTERN BUSINESS PRODUCTS COPIER MAINT 951248 DAVID G SMITH, EDD MMPI /DEARMOHD 951250 SAM'S CLUB SUPPLIES DEPARTMENT TOTAL =___) POLICE COMMUNICATIONS ------------------------ - - - - -- 950082 DEPT OF PUBLIC SAFETY 951200 REASORS PRICE RITE 951201 WAL -MART DEPARTMENT TOTAL =___) ANIMAL CONTROL 951130 POLICE PETTY CASH 951136 WAL -MART 951136 WAL -MART 951138 REASORS PRICE RITE DEPARTMENT TOTAL =___) FIRE SERIVCES ------------------------ - - - - -- OLETS RENT PRISONER MEALS SUPPLIES REIMB PETTY CASH SUPPLIES SUPPLIES /DOG FOOD SUPPLIES 112.05 1,305.00 288.00 288.00 79.00 163.54 149.00 1,543.95 57,75 44.49 100.00 672.30 64.97 68.34 139.75 111.19 19.96 262.69 154.69 37.50 170.91 5,833.08 350.00 138.18 6. ------- - - - -77 494.95 66.63 29.72 149.29 8.48 254.12 950312 CASCO INDUSTRIES INC. OF BUNKER GEAR 643.57 12/16/94 8:33 :54 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # ---- - - - - -- VENDOR. ------------------- - - - - -- DESCRIPTION ------------------- - - - - -- ------- AMOUNT - - - - -- 950557 CELLULAR ONE -TULSA USAGE 42.52 950827 HOLIDAY INN LODGING /MARLAR 70.00 950932 TREASURER PETTY CASH TRAINING 33.50 951043 RADIO INC SAFETY EQUIPMENT 964.41 951051 EVE INC. CLEANING SUPPLIES 135.80 951161 OKLA STATE FIREFIGHTERS MEMBERSHIP DUES 735.00 951162 OKLA STATE FIREFIGHTERS MEMBERSHIP DUES \VOLUNTEER 280.00 951182 COPI SOURCE INC. COPIER MAIHT 299.40 951193 TREASURER PETTY CASH REIMB PETTY CASH 10.00 951193 TREASURER PETTY CASH REIMB PETTY CASH 1.4.00 951195 RED BUD AIR FILTER SVC AIR, FILTERS 46.38 951228 MURRAY WOMBLE CO OF TULSA SUPPLIES 44.00 DEPARTMENT TOTAL 3,316.58 CIVIL DEFENSE ------------------------ - - - - -- 950239 ERICSSON GE MOBILE COMMUN UHF RADIO 805.81 950445 BARON SERVICES, INC. WEATHER SYSTEM SVC FEE 350.00 DEPARTMENT TOTAL =___? 1,155.81 STREETS ------------------------------ MOULDER OLDHAM CO CLANING SUPPLIES 235.01 951158 BILL FISHER PAINTING 1,255.50 951159 GRAINGER,W W INC 950022 MCCAW COMMUNICATIONS USAGE /PAGERS 14.95 SUPPLIES 950805 CINTAS CORP. UNIFORM RENT /CLEAN 277.30 950855 RAINBOW CONCRETE CO CONCRETE 219.50 ' 950910 BIXBY FOUR STAR SAND FILL SAND 97.94 951152 TULSA COUNTY BOCC STREET SIGNS 72.00 951153 DOZIER PRINTING PRINTING 32.50 ' 951154 SIGNALTECK INC. MAINT \REPAIRS 247.50 951186 CITY GARAGE PARTS 216.35 951193 TREASURER PETTY CASH REIMB PETTY CASH DEPARTMENT TOTAL =___) - - - - - -- -10_53 1,188.57 RECREATION CENTER ------------------------ - - - - -- 951157 MOULDER OLDHAM CO CLANING SUPPLIES 235.01 951158 BILL FISHER PAINTING 1,255.50 951159 GRAINGER,W W INC LIGHT FIXTURE 291.96 951160 KIMBALL ACE HARDWARE SUPPLIES 9x.01 DEPARTMENT TOTAL = = = =? 1,878.4$ CITY OF OWASSO GENERAL FUND 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- COMMUNITY CENTER ------------------------ - - - - -- 950070 UNITED ARTISTS CABLE CABLE USE 22.46 951063 DAY TIMERS INC. SUPPLIES 34.20 951186 CITY GARAGE PARTS 46.31 951246 MAXIMUM CONTROL, INC. REPAIR HEAT CONTROLS 161.00 DEPARTMENT TOTAL = = = =) 263.97 PARK MAINTENANCE ------------------------ - - - - -- 950022 MCCAW COMMUNICATIONS USAGE /PAGERS 14.95 951186 CITY GARAGE PARTS 16.63 951193 TREASURER PETTY CASH REIMB PETTY CASH 30.13 951247 KIMBALL ACE HARDWARE SUPPLIES /PAINT 239.35 DEPARTMENT TOTAL =___? 301.06 FUND TOTAL =___> 22,532.64 7 CITY OF OWASSO ' WORKERS' COMP SELF -INS PLAN 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR, PAGE: 1 PO # VENDOR DESCRIPTION AMOUNT ' ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 951124 RADIOLOGY CONSULTANTS OF CLAIM /EVANS 87.00 951125 EMERGENCY CARE, INC. CLAIM /SOLE 206.70 951126 WARREN CLINIC CLAIM /THOMPSON 111.00 951163 WARREN CLINIC CLAIM \QUINTON 40.00 951166 BERKLEY RISK MANAGEMENT ADMIN FEE 778.33 951167 ST FRANCIS HOSPITAL CLAIM \HOLCOMB 471.37 951168 MIDWEST EMPLOYERS CASUALT INSURANCE \WORKERS COMP 15,062.00 951169 BEST,SHARP,HOLDEN,SHERIDA CLAIM \EVANS 1,788.10 951170 BEST,SHARP,HOLDEN,SHERIDA CLAIM\EVANS 697.10 951236 BERKLEY RISK MANAGEMENT 12/94 ADMIN FEE 778.33 DEPARTMENT TOTAL =___> 20,019.93 FUND TOTAL =___) 20,019.93 CITY OF OWASSO AMBULANCE SERVICE FUND 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- FUND TOTAL = = = =) 44.94 228.93 90.00 94.00 100.00 403.32 961.19 961.19 2 950557 CELLULAR ONE -TULSA USAGE �I 950934 EMERGENCY MEDICAL PRODUCT MONITOR DEFIB /CASE 951044 OK STATE DEPT HEALTH EMT CERTIFICATION 951121 MEDICLAIMS, INC. AMBULANCE BILLING 951171 HCFA LABRATORY PROGRAM CLIA USER FEE 951178 MULTIPLIER CORP RADIO BATTERIES DEPARTMENT TOTAL FUND TOTAL = = = =) 44.94 228.93 90.00 94.00 100.00 403.32 961.19 961.19 2 CITY OF OWASSO ' COMMUNITY CENTER 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR PAGE: 8 PO # VENDOR DESCRIPTION AMOUNT , ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- COMMUNITY CENTER ------------------------ - - - - -- 951251 ALL STAR ROOFING ROOF REPAIR 1,980.00 DEPARTMENT TOTAL =___> 1,980.00 FUND TOTAL =___> 1,980.00 CITY OF OWASSO CITY GARAGE 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR PAGE: 11 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CITY GARAGE ------------------------ - - - - -- 950805 CINTAS CORP. UNIFORM RENT /CLEAN 950999 BUILDER'S SQUARE SUPPLIES 951011 MILEAGE MASTERS TIRES 951012 MAXWELL OIL CORP OIL /GREASE 951052 REYNOLDS RADIATOR REPAIR PARTS 951053 ZEE MEDICAL SERVICE SUPPLIES 951089 NAPA AUTO PARTS PARTS 951183 WAL -MART SUPPLIES 951219 WELSCO INC OXYGEN \ACETYLENE DEPARTMENT TOTAL =___) FUND TOTAL =___) t t 1 t 11 144.18 4.01 287.45 306.47 46.00 63.70 573.55 33.28 75.60 1,534.24 1,534.24 CITY OF OWASSO REVENUE BOND PROJECT FUND 12/16/94 8:33:54 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- STREETS ------------------------ - - - - -- 950514 APAC - OKLAHOMA, INC. 76TH & MAIN 36,767.03 DEPARTMENT TOTAL =___} 36,767.03 FUND TOTAL =___} 36,767.03 GRAND TOTAL =___> 1675719.91 12 CITY OF OWASSO A/P TRANSFER REPORT VENDOR DESCRIPTION TRANSFERS AMOUNT CEMETERY CARE REVENUE TRANSFER FROM GENERAL FUND 122.50 AMBULANCE CAPITAL REVENUE TRANSFER FROM AMBULANCE FU 2,250.70 TRANSFERS TOTAL 2,373.20 1 1 CITY OF OWASSO PAYROLL PAYMENT REPORT ' PAY PERIOD ENDING DATE 12/10/94 APPROVED: 12/20/94 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/10/94 APPROVED: 12/20/94 Mayor Council Member Council Member N AMMoxnivvuM TO: RODNEY J RAY CITY MANAGER FROM: MARCIA BOUTWELL ■ SUBJECT: RESOLUTION TO CALL ELECTIONS - COUNCIL WARD #5 ' DATE: December 14, 1994 'BACKGROUND: Pursuant to the provisions of the Owasso City Charter governing the election of City Council ' members, the Council shall take action by Resolution to call any necessary Ward elections. Such elections are needed for the following Ward: ' Ward #5 Three Year Term (Jerry Duke) Staff has prepared Resolution #94 -15 which, if approved by Council, calls for elections to be ' conducted for this Ward and allows for proper notification to the Tulsa County Election Board. It also identifies the process that must be followed to meet all legal requirements. I w M 11 The filing period is February 6, 7, & 8, 1995. All candidates must file a Declaration of Candidacy with the Tulsa County Election Board between 8:00 a.m. and 5:00 p.m. on those days. The primary election is set by Charter and will be March 7, 1995. If a general election is necessary, it will be held on April 4, 1995. A general election will be held if one candidate in the primary election does not receive a majority of all the votes cast for that Ward. The elected councilor will be sworn in at the first meeting in May (May 2, 1995). RECOMMENDATION• Staff recommends approval of Resolution #94 -15. ATTACHMENT: 1. Resolution #94 -15. CITY OF OWASSO, OKLAHOMA RESOLUTION NO 94 -15 NOTICE OF ELECTIONS AND CERTIFICATION WHEREAS, a Primary Election shall be held on the 7th day of March, 1995 for the purpose of electing Council Members to the City of Owasso, Oklahoma, for Wards and terms as follows: WARD NO. TERM 5 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 4, 1995 to elect said Council Members. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: 1. That a non - partisan Primary Election for City Council Members, as set out, be held on March 7, 1995. 2. That the General Election thereafter, if necessary, be held on April 4, 1995. 3. Only qualified electors of the City of Owasso who reside in the respective ward shall be qualified to hold the office of Council Member. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa County, Oklahoma, hereby certifies to the Tulsa County Election Board that the following numbered precincts are to be opened: 750, 751, 752, 753, 754, and 755. The City of Owasso certifies that there are no qualified electors who live within the one - hundred feet fenceline that goes into Rogers County. The filing period is from February 6, 1995 through February 8, 1995 for the Primary Election. PASSED AND APPROVED this 20th day of December, 1994 by the City Council of the City of Owasso, Oklahoma. Jerry Duke, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney MEMORANDUM TO: RODNEY J RAY I CITY MANAGER IFROM: LONNIE HARDIN ISUBJECT: TCI PERMIT ORDINANCE IDATE: December 15, 1994 BACKGROUND: TCI Cablevision of Tulsa has operated a cable television system within the city limits of Owasso since 1980 under a franchise granted by a vote of the people. The franchise is for a nonexclusive use, and expired by its own terms on November 20, 1994. During the course of the franchise, there have been several changes in federal law concerning the cable industry, the most notable being the Cable Communications Policy Act of 1984, which "deregulated" cable TV and the subsequent "re- regulation" of the industry by the Cable Act of 1992. The net effect of the changes is to place basic rate regulation in the hands of the FCC, with municipalities retaining a right to regulate rates, within limits, for some secondary services. The federal regulatory plan has not advanced nearly as rapidly as the cable technology. For that reason, it is proposed by staff and TCI that continued operations be under a permit system rather than a franchise. The proposed ordinance for a permit system would serve the same purpose as a franchise, but does not require a vote of the people in a special election, and allows the City more flexibility as technological advances dictate change. ' It should be noted that the proposed ordinance increases the permit fee from 3% to 5%, based upon TCI revenues. This 2% increase translates to an additional $20,000 income annually to the City. However, the increase will be passed on to the consumer in exactly the same manner as a sales tax, and will appear as a separate line at the bottom of each monthly cable bill. Based on an average billing, a 2% increase would add .39C to a customer's bill. This fee increase is a viable option which must be considered by the Council, but the decision on whether to impose additional taxation upon Owasso residents rests solely with the Council. 1 TCI PERMIT ORDINANCE December 15, 1994 Page 2 In the TCI service area, Tulsa, Sand Springs and Sapulpa currently charge a 5% permit fee, while Broken Arrow, Jenks, Bristow, Catoosa, Claremore, Drumright, Glenpool, Keifer and Owasso remain at 3%. You should also be advised that the FCC has approved a federal regulatory fee pass through which will increase each bill OR per month per subscriber December 1994 through February 1995, and .OU per month through September. The ordinance maintains service standards, a mechanism for handling complaints, and provides for periodic checks for compliance. Further, any increase in compensation rate paid by TCI to any city in its Tulsa market area, is automatically paid to Owasso. Service upgrades are automatic also. The City Council retains authority to act in the event of default by TCI, or to regulate secondary rates if necessary. This ordinance is substantially similar to those enacted by Tulsa, Sand Springs and Sapulpa. RECOMMENDATION: Staff recommends passage of the proposed ordinance. ATTACHMENTS: 1. Proposed Ordinance #493 Cable Television Ordinance City of Owasso Ordinance No. 493 AN ORDINANCE GRANTING A PERMIT TO TULSA CABLE TELEVISION, INC., DOING BUSINESS AS TCI CABLEVISION OF TULSA, TO PROVIDE CABLE TELEVISION AND OTHER LAWFUL SERVICES WITHIN THE CITY OF OWASSO USING PUBLIC WAYS; DEFINING CERTAIN TERMS; PROVIDING SERVICE STANDARDS AND RULES OF OPERATION; AUTHORIZING REGULATION BY THE CITY; PERMITTING USE OF THE CABLE TELEVISION SYSTEM BY THE CITY; ESTABLISHING CONDITIONS AND REGULATIONS FOR USE OF STREETS AND RIGHTS -OF -WAY, AND ERECTION AND USE OF POLES; REQUIRING PAYMENT OF A PERMIT FEE; AUTHORIZING REGULATION OF RATES SUBJECT TO FEDERAL AND STATE LAW; REQUIRING GRANTEE TO PROVIDE INSURANCE AND INDEMNIFICATION TO THE CITY; ESTABLISHING STANDARDS AND SCHEDULES FOR THE REBUILD AND UPGRADE OF THE CABLE TELEVISION SYSTEM IN THE CITY; ESTABLISHING OPERATIONAL STANDARDS; REQUIRING CERTAIN MINIMAL SERVICES TO SUBSCRIBERS, THE CITY AND SCHOOLS; PROVIDING FOR COMPLIANCE AND MONITORING OF CABLE SYSTEM OPERATIONS; ESTABLISHING EVENTS OF DEFAULT, PROVISIONS FOR PENALTIES AND REVOCATION OF THE PERMIT; REQUIRING APPROVAL BY THE CITY FOR ASSIGNMENT OF THE PERMIT; PROVIDING FOR MODIFICATION OF THE PERMIT BY THE CITY; PROVIDING A RIGHT FOR THE CITY TO PURCHASE THE SYSTEM UNDER CERTAIN CONDITIONS; PROHIBITING DISCRIMINATION IN OPERATION OF THE CABLE SYSTEM; REQUIRING ACCEPTANCE BY GRANTEE OF TERMS OF THE PERMIT; PROVIDING FOR SEVERABILITY; CODIFYING THE ORDINANCE; DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: 17-401. SHORT TITLE This Ordinance shall be known and may be cited as the "Tulsa Cable Television Permit Ordinance ". 17-402. DEFINITIONS For the purposes of this Permit, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not directory. A. Affiliate. Any person who owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. C. Cable Act. The Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act (Public Law No. 102 -385, 1992) and as the same may hereafter be amended. D. Cable Channel or Channel. A portion of the electromagnetic frequency spectrum which is used in a Cable Television System and which is capable of transmitting a television channel as defined by the FCC. E. Cable Service. The one -way transmission to Subscribers of video and audio programming or other programming services and Subscriber interaction, if any, which is required for the selection of video and audio programming or other programming services provided through electric or electronic signals, or which utilizes any facility or equipment of the Cable System. F. Cable Television System or Cable System or System. Facilities consisting of antennae, coaxial cables, fiber optic cables, wave guides, conductors or other closed transmission paths and associated signal generation, reception and control equipment, and other equipment designed to provide Cable Service or Other Lawful Service to Subscribers and users. G. City. The City of Owasso, Oklahoma, a municipal corporation in its present incorporated form or in any other reorganized or changed form. H. Completion of System Rebuild. The reconstruction and upgrade of the Cable System or part thereof as required by Section 13 hereof, including above and underground trunk and feeder cables, amplifiers, power supplies, connectors, splitters and tap installations, headend and hub rebuild or upgrade and any and all other construction necessary for the Cable System or part thereof to be ready to deliver Cable Service to Subscribers. I. Council. The City Council of the City or any body constituting in the future the legislative body of the City. FCC. The Federal Communications Commission or its successor. K. Fiber Trunk Cable. Any part of the Cable System which utilizes fiber optic cable for the purpose of transmitting video, audio or other lawful signals. L. Grantee. Tulsa Cable Television, Inc. now doing business as TCI Cablevision of Tulsa or its lawful successor, transferee or assignee. M. Gross Operating Revenues. Any and all fees, charges, cash, credits, property of any kind or nature, consideration, compensation or receipts derived directly or indirectly by Grantee, its Affiliates, subsidiaries, parents, or arising from or attributable to the operation of the Cable Television System, except that the term shall not include: 1. The amount of any refunds, corrective billing credits or other re- payments made to Subscribers or users; 2. Any taxes on service furnished by Grantee, imposed directly or indirectly on any Subscriber or user by any municipal corporation, political subdivision, state or other governmental unit and collected by Grantee for the governmental unit; 3. Receipts for the sale or transfer of tangible property; ' 4. Receipts for the sale or transfer of the System; 5. Receipts from the installation or reconnection of Cable Service, the transfer of an existing connection, the moving of a cable television outlet, or other non - recurring charges to a Subscriber or user for technical or installation services, and ' 6. Charges, credits, compensation, or payments on a commercially reasonable basis to an Affiliate, subsidiary or parent for services rendered to Grantee. ' N. Other Lawful Service. Any service other than Cable Service provided through electric or electronic signals or which utilizes any facility or equipment of the ' Cable System. O. Person. An individual, corporation, partnership, association, joint stock company, trust corporation or governmental entity. ' P. Permit. The rights and privileges granted by City to Grantee to construct, operate, maintain and upgrade a Cable Television System utilizing Public Ways within the corporate limits of the City of Owasso, Oklahoma, for the purpose of offering Cable Service or Other Lawful Service to Subscribers. Q. Public Way. The surface of and the space above and below and public ' street, highway, freeway, bridge, alley, court, boulevard, sidewalk, parkway, way, lane, drive, circle or other public right -of -way, including but not limited to, public utility and communication easements, dedicated utility strips or rights -of -way dedicated for compatible public uses, and any temporary or permanent fixtures or improvements located within or held by City in the Service Area which entitles City or Grantee to its use for the purpose of installing, operating, repairing and maintaining the Cable Television System. R. Service Area. The present corporate limits of the City and any additions caused by annexation or other lawful means. S. State -of -the -art. The most current technology which is economically feasible, has been performance tested and is commonly accepted by industry standards for cable television systems of comparable size. ' T. Subscriber. Any Person lawfully receiving Cable Service or Other Lawful Service from the Cable Television System. ' U. System Rebuild. The reconstruction and upgrade as required by Section 12 hereof the Cable Television System existing in the Service Area utilizing fiber optic cable and technology which is the State -of- the -art as of the date of the approval of this Permit. 17-403. GRANT OF PERMIT ' A. City hereby grants to Grantee a permit to enter upon the Public Ways to install, construct, operate, maintain, rebuild and upgrade in, upon, along, across, above and under the Public Ways a Cable Television System for the purpose of providing Cable Service and Other Lawful Services to Subscribers subject to the terms, conditions and provisions contained in this Permit, the Charter and applicable laws and regulations of Oklahoma and the United States of America. B. This Permit shall be the measure of the rights, privileges and liabilities of City as well as the Grantee. In any court proceeding involving any claim against the City or other governmental entity, or any official, member, employee, or agent of the City or entity, arising from the regulation of Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of this Permit, any relief, to the extent such relief is required by any provision of federal, state, or local law, shall be limited to injunctive relief and declaratory relief. C. This Permit shall not be exclusive and nothing herein shall be construed to divest City of its control and regulation of the Public Ways. 17-404. RULES OF GRANTEE The Grantee shall have the authority to promulgate and enforce such reasonable rules, regulations, terms and conditions governing the conduct of its business as it shall deem necessary to enable Grantee to exercise its rights and perform its obligations under this Permit and to assure uninterrupted Cable Service to each and all of its Subscribers. Such rules, regulations, terms and conditions shall not be in conflict with the provisions of this Permit, the rules and regulations of the FCC or any other body having lawful jurisdiction. The rules of Grantee shall become effective only upon or after, if a later effective date is specified therein, the filing of copies of such rules with the City Clerk. 17-405. SERVICE STANDARDS Grantee shall maintain and operate the Cable System and render efficient Cable Service in accordance with such rules and regulations as shall be promulgated by the FCC. Wherever it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments or installments, Grantee shall do so at such time as will cause the least inconvenience to Subscribers, and unless such interruption is unforeseen and immediately necessary, Grantee shall give reasonable notice to Subscribers. 17-406. REGULATION BY CITY A. Grantee in the installation, maintenance and operation of the Cable Television System shall, at all times, be subject to the terms and provisions of the general ordinances of the City and to the lawful exercise of the police power of the City. B. Grantee shall be subject to the lawful exercise by City of all other powers, functions, rights, privileges and immunities of regulation of the Cable System, Cable Service or Other Lawful Service granted or delegated to City by the Charter, by the Constitution and laws of Oklahoma or the laws and regulations of the United States of America. 17-407. USE OF SYSTEM BY CITY A. City shall have the right, at no cost, to locate equipment upon and make attachments to the Cable Television System owned by Grantee in connection with City systems. Attachments shall be installed and maintained in accordance with the requirements of the Electrical Code of City and only after written notice to Grantee. L� 7 ' Upon request by City, Grantee agrees to construct attachments to the System for exclusive use by the City, its departments, boards, authorities, commissions and agencies for governmental purposes, other than the operation of a Cable Television System, at the incremental cost of such attachments at the time of construction. Grantee shall assume no liability or expense in connection with any City attachment to or use of the Cable Television System. City use shall be in such manner as not to interfere with the use and ' maintenance of the. Cable Television System by the Grantee. B. City, in its use and maintenance of such equipment and fixtures, shall at all ' times comply with the rules and regulations of Grantee in order that there be a minimum danger of contact or conflict between the equipment and fixtures of Grantee and the equipment and fixtures used by City. ' C. City shall be solely responsible and save Grantee harmless for all claims and demands for damages to Persons or property arising out of the use by the City of the Cable Television System. 17-408. CONDITIONS ON USE OF PUBLIC WAYS ' A. All transmission and distribution structures, lines and equipment erected by Grantee within the Service Area shall be located so as not to obstruct or interfere with the proper use of the Public Ways and other public places, and to cause minimum interference with the rights of property owners. who abut any of the Public Ways and places, and not to interfere with exiting public utility installments. In all areas of the Service Area where all cables, wires or other like facilities of public utilities are placed underground, Grantee shall place its cables, wires, or other like facilities underground to the maximum extent existing technology reasonably permits and shall mark such facilities, indicating their location by a method approved by City's Department of Public Works. Upon request, Grantee shall fumish to and file with City maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities. Such maps, plats, and permanent records shall be updated as required by City. B. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, Grantee shall, at its own expense, replace and restore all paving, sidewalk, driveway or other surface of any Public Way disturbed in accordance with the standards and specifications of the City. C. If at any time during the period of this Permit City shall elect to alter or change the grade or location of any water line, sewer line, street, alley or other Public Way, Grantee shall, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures at its own expense, and in each instance comply with the standards and specifications of the City. - D. Grantee shall not place poles, conduits, or other fixtures above or below ground where the same will interfere with any gas, electric, telephone fixtures, water hydrant or other utility, and all such poles, conduits or other fixtures placed in any Public Way shall be so placed as to comply with all requirements of the City. E. Grantee shall, on request of any Person holding a house moving permit issued by City, temporarily move its cables, equipment or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person ' requesting the same. Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary changes. F. Grantee shall have the authority to trim any trees upon and overhanging the Public Ways of City so as to prevent the branches of trees from coming in contact with the equipment and cables of Grantee, except that at the option City such trimming may be done by City, or under its supervision and direction, to the expense and liability of Grantee and other franchise and permit grantees. G. City shall not be liable to Grantee for any injury to Grantee's Cable Television System caused by any City employee while performing emergency repairs within the Public ways. In all other circumstances when City employees negligently injure Grantee's Cable System, City shall only be liable to Grantee for the Grantee's actual cost of materials, equipment and labor necessary to effect repairs, with no allowance for interruptions to service or loss of revenues, subject to any applicable limits of liability established by the Oklahoma Governmental Tort Liability Act. Grantee, no later than January 1 of each year, shall file with the City Clerk a schedule of the current cost of materials, equipment and labor necessary to make repairs. 17-409. ERECTION, REMOVAL AND JOINT USE OF POLES A. No poles, conduits or other structures shall be erected or installed by Grantee without prior approval of City with regard to location, height, type and other pertinent aspects. Grantee shall not have a vested right to retain the location of any pole, conduit or structure installed by Grantee. Such poles, conduits or structures shall be removed or modified by Grantee at its own expense when necessary for the convenience of City. B. Where poles, conduits or other structures of any public utility company are available for use by Grantee, City may require Grantee to use such poles, conduits and structures if the permission and consent of such public utility company may be obtained by Grantee and if the terms of the use available to Grantee are just and reasonable. C. Where a public utility serving City desires to make use of the poles, conduits or other structures of Grantee but an agreement with Grantee cannot be reached, City may require Grantee to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable if the use would not unduly interfere with use of the Cable Television System. D. Where City owned utility poles are available for use by Grantee, Grantee shall pay City the same pole rental per annum as paid by Grantee for the use of pole owned by public utilities. 17-410. PERMIT FEE A. Grantee shall pay to City as compensation for the rights and privileges enjoyed under this Permit an annual fee on a calendar year basis equal to five percent (5 %) of the Gross Operating Revenues from the Cable System in the Service Area. The fee, together with any accumulated interest, shall be payable monthly on or before the 45th day after the end of each month on Gross Operating Revenues received for that month. If the payment is not timely made, interest upon any unpaid portion shall accrue at the rate of one and one -half percent (1.5 %) per month until paid. Grantee shall file a complete and accurate verified statement of all Gross Operating Revenues within the Service Area during the period for which the monthly payment is made and an annual statement of such Gross Operating Revenues, verified by the Grantee's external certified public accountant, within sixty (60) days after the end of each calendar year. Grantee's first annual statement shall include the months of the calendar year that preceded the first it I n t I� month in which this Permit is effective. If Grantee fails or refuses to pay such fee, City may maintain an action against Grantee for the amount of such fee and interest and all expenses of collecting same, including reasonable attorneys fees. B. If permitted by federal law, in the event Grantee or an Affiliate accepts a franchise, permit, license, authorization or other agreement of any kind with any municipal corporation or other governmental subdivision wholly or partially within Tulsa County, Oklahoma, for the purpose of constructing or operating a Cable System or providing Cable Services to any part of a city or other.governmental subdivision which provides for the payment as compensation for the rights and privileges enjoyed thereunder of an annual fee in excess of five percent (5 %) of the Gross Operating Revenues from the Cable System in that municipal corporation or other governmental subdivision, then this Permit shall be deemed amended as of the effective date of the other franchise, permit, license, authorization or other agreement and Grantee shall thereafter pay to City as compensation for the rights and privileges enjoyed hereunder an annual fee equal to the same percentage of Gross Operating Revenues in the Service Area as is paid by Grantee under such other franchise, permit, license, authorization or other agreement. 17-411. RATES TO SUBSCRIBERS Subject to the provisions of the Constitution and laws of the United States of America, the Cable Act and the Constitution and laws of Oklahoma, the Council may regulate the rates of Grantee for the Basic Cable Service to be furnished by Grantee under this Permit. No rates shall be adopted or changed by the Council except after notice to the public and to Grantee and after a public hearing. 17-412. LIABILITY OF GRANTEE, INSURANCE AND INDEMNIFICATION Grantee shall defend and hold- City harmless from all loss sustained by City by reason of any suit, judgment, execution, claim or demand resulting from the construction, operation or maintenance by Grantee of a Cable Television System in the Service Area. Grantee shall maintain in full force and effect for the term of this Permit, at Grantee's sole expense, a general comprehensive liability insurance policy, in protection of City, the City Commission, and City officers, boards, commissions, agents and employees, issued by a company authorized to do business in the State of Oklahoma, protecting City and all Persons against liability for loss or damage for personal injury, death and property damage occasioned by the operations of Grantee under this Permit in the minimum amount of three million dollars ($3,000,000); provided if the maximum liability of City under the Oklahoma Governmental Tort Liability Act should be increased to more than three million dollars ($3,000,000), the amount of liability insurance required hereunder shall be increased to that amount. Grantee shall file with the City Clerk certificates of the insurance required hereunder in a form satisfactory to the City Attorney. 17-413. SYSTEM REBUILD The Cable Television System now owned and operated by Grantee within the Service Area provides a maximum of forty (40) video Channels and consists of coaxial cables, amplifiers, conductors and other equipment and facilities which represented the State -of- the -art at the time of construction. Upon acceptance of this Permit, and in reliance thereon, Grantee, in accordance with Section 14, shall rebuild and upgrade the Cable Television System utilizing fiber optic cables, coaxial distribution cables and State - of -the -art technology. Upon completion of the System Rebuild, the System shall have an available Channel capacity of at least seventy-two (72) video Channels. Grantee shall not charge a Subscriber any direct fee or assessment for the System Rebuild, including the upgrade of drops required for service to a Subscriber. 17-414. SYSTEM REBUILD SCHEDULE AND EXTENSION A. Grantee shall review the System Rebuild's design and schedule with City in order that City may elect to make attachments to the System during construction. Construction of the System rebuild shall be completed by February 2, 1999. B. Construction of the System Rebuild shall provide for upgraded Cable Service to all residences and properties in developed areas within the corporate limits of the City. Thereafter, the System shall be extended and Cable Service provided to any area where there are then existing thirty -five (35) homes within one (1) mile of the existing Cable System or ten (10) homes within one - quarter (1/4) mile of the existing Cable System. In other areas, Grantee may charge for extension of the Cable System based upon the cost of labor and materials. C. The time for Completion of the System Rebuild may be extended or excused by the City Commission for any period during which Grantee experiences delays or interruptions due to circumstances reasonably beyond its control including, but not limited to, necessary utility changes or re- arrangements, governmental or regulatory restrictions or requirements, major strikes, litigation, lock -outs, war (declared or undeclared), national emergency, economic conditions, fire, earthquakes and acts of God. 17-415. OPERATIONAL STANDARDS A. Grantee shall maintain and operate the Cable System so as to provide video, audio and other signals to be delivered with signal strength and quality levels which meet the parameters specified by the FCC and any other normally accepted industry standards. Grantee shall construct the System Rebuild and operate and maintain the System in a manner consistent with all ordinary care and all applicable laws, ordinances, construction standards, and FCC technical standards. Upon request, Grantee shall provide City a report of the results of any FCC required proof of performance test conducted by Grantee. B. Grantee shall maintain equipment capable of providing standby battery power for trunk amplifiers for a minimum period of four (4) hours. C. Grantee shall, as a part of the System Rebuild, provide capacity for interactive services which may be added to the System as such services become technically and economically feasible. D. Grantee may interconnect the Cable Television System within the Service Area with cable television systems owned or operated by Grantee within adjacent cities. E. Upon request, Grantee shall provide Subscribers with a parental control locking device or digital code capable of blocking or otherwise preventing a television set from receiving a Channel or audio signal, for which Grantee imposes a separate charge. F. Under normal operating conditions, each of the following standards shall be met no less than ninety -five percent (95 %) of the time on an annual basis: 1 1 1 1. Standard installations shall be performed within seven (7) business days after an order has been placed; and 2. Except when beyond the control of Grantee, Grantee shall respond to Cable Service interruptions promptly and in no event later than twenty-four (24) hours. G. Grantee shall establish procedures for receiving, acting upon and resolving Subscriber complaints which shall be subject to the approval of the City Manager of the City. H. City shall notify Grantee in writing of any complaint from Subscribers or of any failure of Grantee to comply with the terms and conditions of this Permit. Grantee, upon receipt of such notice, shall promptly investigate the complaint and take such action as is necessary to provide Cable Service to Subscribers and/or to operate the System as required. 17-416. SERVICES TO SUBSCRIBERS A. Grantee shall provide to Subscribers as a part of its Basic Cable Service local television broadcast signals as required by the Cable Act and FCC regulations subject to obtaining the consent of the local broadcast stations as required by law, and educational and public affairs programming including local educational and governmental programs. B. Upon completion of the System Rebuild, Grantee shall offer to Subscribers programming on at least fifty (50) video channels including the video channels offered as a part of Basic Cable Service. C. Grantee shall provide audio services. D. Upon request, and at a reasonable charge, Grantee shall provide to Subscribers an input selector switch to permit broadcast television reception from an antenna. 17-417. GOVERNMENTAL AND EDUCATIONAL USES A. Until the Completion of the System Rebuild, Grantee shall provide to state accredited public, private and parochial schools and institutions of higher learning in the Service Area for educational services at no cost to the school or institution one (1) free service outlet to the Cable Television System for each public, private and parochial school and institutions of higher learning, with additional service outlets to be provided at the cost of labor and materials, and with no monthly service charge for service outlets or for services which are not offered on a premium or pay -per -view basis. Grantee shall provide maintenance, at no cost, of cables, amplifiers and other ' distribution equipment owned by Grantee and used for educational programming, and shall provide, at no cost, technical assistance required for the use of Channels for educational use. ' B. Upon Completion of the System Rebuild, Grantee shall provide for governmental and educational use and for networking among governmental or educational users, at no cost to such users, the following: 1. One (1) Channel on the System for the exclusive use of Owasso School District; 2. One (1) Channel on the System for the exclusive use of Tulsa Junior College; 3. One (1) Channel on the System for shared use, under the coordination of Independent School District Number One of Tulsa County, Oklahoma, for the exclusive use of Independent School District Number One of Tulsa County, Oklahoma, and Tulsa Junior College, and other state accredited elementary and secondary schools within the Service Area and service areas of other cable television systems owned by the Grantee and interconnected with the Cable System which develop, staff and operate facilities and equipment to provide programming on a continuing basis; and 4. Three (3) Channels on the System for joint and cooperative use by the City, other cities which have granted the Grantee a permit or franchise to provide Cable Service and are interconnected with the Cable Television System, state accredited elementary and secondary schools and institutions of higher learning within the Service Area, and service areas of other cable television systems owned by the Grantee and interconnected with the Cable System, including Independent School District Number One of Tulsa County, Oklahoma, and Tulsa Junior College. If potential users are unable to agree on the allocation of Channels provided in this subsection B.4 and subsection D. of this Section, the City Council and the governing bodies of other cities interconnected with the Cable System shall by agreement promulgate rules, regulations and procedures governing the allocation of governmental and educational use Channels. The City Council and the governing bodies of other cities interconnected with the Cable System shall by agreement resolve any disputes between any user of the channels and shall approve all allocations of educational and governmental channels provided in this Subsection B.4 and Subsection D of this Section and within the permits granted the governing bodies of the other cities interconnected with the Cable System. C. Grantee shall provide one (1) free service outlet to the System with additional service outlets to be provided at the cost of labor and materials, and with no monthly service charge for service outlets or for services which are not offered on a premium or pay -per -view basis for each state accredited school and institution of higher learning. Grantee shall provide, at no cost, connections for video and audio originations from City Hall and, upon Completion of the System Rebuild, from one point at each institution of higher learning. Upon request from a governmental or educational user, Grantee shall provide, at the direct cost to the Grantee of labor and materials, additional connections for video and audio origination from other points. Grantee shall maintain, at no cost, cable television Channels used for governmental and educational use and shall provide, at no cost, technical assistance required for the use of Channels governmental and educational use. D. Grantee shall have the right to temporarily use any unused portion of a Channel allocated under subsection B.4 and subsection D. of this Section for - governmental and educational use which is not being fully utilized, as defined herein, provided such use shall not interfere with any educational or governmental gse. If the Channels provided under this Section for governmental and educational use are being fully utilized, Grantee shall provide at no cost to the user for additional governmental and educational use the Channel added to the Cable Television system above the seventy-two (72) Channels which shall be available upon Completion of the System Rebuild. Thereafter, Grantee shall provide at no cost to the user for governmental and educational IM n ' use the first Channel added to the Cable Television System above eighty-four (84) Channels, above ninety -six (96) Channels, above one hundred and eight (108) Channels, t and additional Channels in a like progression as Channels are added to the Cable Television System. Use of such additional Channels shall be allocated as provided in subsection B.4 of this Section. Generally, a Channel shall be considered as being fully utilized if more than an average of forty-eight (48) hours per week over a six (6) month ' period of programming other than character generated programming is offered. School terms, seasonal and special concerns shall be considered in determining whether a Channel is fully utilized. If a Channel allocated for governmental or educational use is ' being temporarily used by the Grantee, the governmental or educational institution for which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof by a written statement to Grantee that the institution is prepared to fully utilize the Channel or portion thereof in which event the Channel or t portion thereof shall be returned to such institution within three (3) months after receipt by Grantee of the statement. ' A. Grantee will provide written notification to the City prior to offering any Other Lawful Service and Grantee shall file with the City a copy of its authority to provide such service, if any has been obtained. 11 E. Grantee shall not make any separate or premium charge to a Subscriber for ' access to educational or governmental Channels. F. All Channels allocated for governmental and educational use shall be of the same quality as the Channels on the Cable System for Cable Service. All Channels ' allocated for educational use shall be available to Subscribers in the Service Area and the service areas of other cable television systems interconnected with the Cable System. G. When a Channel allocated for governmental or educational use has been assigned a Channel number or position by the Grantee, such Channel number or position shall not be changed until at least six (6) months written notice has been given to the user of such Channel. 17-418. SERVICES TO CITY Grantee shall provide the following services to City: A. Channel space as provided in Section 17 at no charge for the dissemination ' of information to the public; B. A service outlet, at no cost to City, to each City facility within the Service Area including, but not limited to, City Hall, the Community Center Building, fire stations, recreation centers, and maintenance facilities. Additional service outlets shall be provided at the cost of labor and materials with no monthly service charge for connections, service outlets or non - premium services; and ' C. A means of simultaneously interrupting all Channels other than local broadcast Channels on the Cable Television System to present emergency audio and, upon completion of the System Rebuild, moving character generated video messages by ' local public safety, civil defense and other public officials. Grantee shall install City purchased equipment, at no cost to City, in the City Hall, for the use of the emergency information system. ' 17-419. COMPLIANCE AND MONITORING ' A. Grantee will provide written notification to the City prior to offering any Other Lawful Service and Grantee shall file with the City a copy of its authority to provide such service, if any has been obtained. 11 B. City may perform technical tests of the Cable System during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of Grantee or the Cable System in order to determine whether or not Grantee is in compliance with the terms hereof and applicable state or federal laws. Except in emergency circumstances, such tests may be undertaken only after giving Grantee reasonable notice thereof and providing a representative of Grantee an opportunity to be present during such test. In the event that such testing demonstrates that Grantee has substantially failed to comply with a material requirement hereof, the reasonable costs of such tests shall be borne by Grantee. In the event that such testing demonstrates that Grantee has substantially complied with such material provisions hereof, the cost of such testing shall be borne by City. Except in emergency circumstances, such testing shall be undertaken no more than two (2) times in a calendar year and the results thereof be made available to Grantee. Upon request, Grantee shall furnish to and file with City the results of technical tests that Grantee conducts for itself or others. C. On or after September 1, 1998 and every five (5) years thereafter, Council may commence proceedings, which afford public notice, public participation and open meetings, for the purpose of identifying future Cable System community needs and interests, including channel capacity and customer service, and reviewing Grantee's performance during the preceding five (5) years. Upon request by the Council, Grantee shall cause to be conducted a survey, as approved by the Council, to determine community needs, desires and ratings of Grantee's performance. The survey shall be made available to the public and shall specifically address, among other items, the demand for new services in relation to the cost of providing such services so as to ascertain the overall need for channel expansion. D. Upon completion of any five (5) year review provided for in this section, Grantee and City shall meet, confer and, if deemed necessary by either, renegotiate in good faith the terms and conditions of this Permit relating to community needs, channel capacity and customer service. 17-420. DEFAULT OF GRANTEE, PENALTIES AND REVOCATION A. The rights and privileges granted by the City to Grantee under this Permit shall continue and remain in full force and effect until revoked by the Council. In the event that City or the City Commission believes that Grantee has not complied with the terms of this Permit, City or the City Commission shall notify Grantee in writing of the exact nature of the alleged default. B. Grantee shall have thirty (30) days from receipt of a written notice of default to: (a) respond contesting the alleged assertion of a default, or (b) cure such default or, in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify City or the Council of the steps being taken and the projected date that they will be completed. C. In the event that Grantee contests the assertion of a default or fails to respond to a notice of default or the alleged default is not remedied within thirty (30) days after Grantee is notified thereof, the Council shall schedule a hearing to investigate the default. The Council shall notify Grantee of the time and place of such hearing and provide Grantee with an opportunity to be heard. D. In the event the Council, after such hearing, determines that Grantee is in default of any provision of this Permit, the Council may: 12 r] F1 Assess liquidated damages to City caused by the default by Grantee as follows: a. For default in the Completion of the System Rebuild as required by Sections 13 and 14 hereof, the sum of one thousand dollars ($1,000.00) per day for the first thirty (30) days after the expiration of the time for the Completion of the System Rebuild or part thereof as required by Sections 13 and 14 hereof, two thousand five hundred dollars ($2,500.00) per day for each day more than thirty (30) days past the expiration of the time for the Completion of the System Rebuild or part thereof as required by Sections 13 and 14 hereof and thirty -five hundred dollars ($3,500.00) per day for each day more than sixty (60) days past the expiration of the time for Completion of the System Rebuild or part thereof as required by Sections 13 and 14 hereof, provided that the total amount of liquidated damages assessed under this subsection shall not exceed two hundred thousand dollars ($200,000.00); b. For knowingly failing to provide data, documents or information as required in this Permit, two hundred fifty dollars ($250.00) per day for each day the failure occurs or continues; and C. For knowingly failing to comply with the service and operational standards of this Permit, five hundred ($500.00) per day for each day the failure occurs or continues. Amounts of liquidated damages in this Section are deemed appropriate as of the effective date of this Permit. Such damages, at the time of any Council assessment, will be adjusted to equivalent values. Damages identified in this Section shall be adjusted in accordance with changes in the United States Department of Labor, Bureau of Statistics Consumer Price Index City Average for Urban Wage Earners and Clerical Works ( "C.P.I. ") measured from the effective date of this Permit to the date of assessment by the Council. In the event a substantial change is made in the method of establishing the C.P.I., or the C.P.I. or successor is not available, a reliable governmental or other independently determined publication, evaluating information used in determining the C.P.I., shall be used in lieu of the C.P.I. 2. In the case of a default of a provision of this Permit which is not cured by Grantee or the subject of damages assessed as provided herein, the Council may revoke this Permit in its entirety; or 3. Seek specific performance of any provision, which reasonably lends itself to such remedy, or injunctive relief as an alternative to damages or termination of this permit. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of this Permit by reason of any failure of City to enforce prompt compliance. E. Grantee shall not be held in default with the provisions of this Permit, nor ' suffer any enforcement or penalty relating thereto, where such alleged default is caused by labor strikes, acts of God, power outages or other events reasonably beyond the ability of Grantee to control. 17-421. ASSIGNABILITY If Grantee shall at any time assign, sell, lease or otherwise transfer in any manner ' whatsoever its rights and privileges under this Permit to any Person, such action shall be 13 in writing and a duly authenticated copy shall be filed with the City Clerk. Such action shall not become effective until the transferee shall have agreed in writing with City to become responsible for the full performance of all the conditions, liabilities, covenants and obligations contained in this Permit and until such action shall have been approved by the Council, provided such approval shall not be unreasonably withheld. The Council may require evidence that the transferee possesses the financial, technical and legal capability to perform all of the conditions, liabilities, covenants and obligations contained in this Permit. If the Council fails to act upon a proposed transfer within sixty (60) days after the transferee shall have agreed in writing to become responsible for the full performance of all of the conditions, liabilities, covenants and obligations of this Permit, then such action shall be deemed to have been approved. No approval of City shall be required for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title or interest of Grantee in this Permit or the Cable Television System in order to secure indebtedness of Grantee. 17-422. RIGHT OF CITY TO PURCHASE SYSTEM A. City shall have the right at any time after fifteen (15) years after the effective date of this Permit granted herein to purchase the Cable Television System of Grantee located within the Service Area and to terminate this Permit, if the purchase is approved by a majority of the qualified electors of City voting at a special or general election. At any time after the right to purchase the Cable Television System of Grantee shall have accrued under the terms hereof, the question of the purchase of the Cable Television System may be submitted by the Council to the qualified electors of the City for approval. The question of the purchase of the Cable Television System of Grantee shall be submitted at the next succeeding election of the City upon petition to the Council of twenty-five percent (25 %) of the qualified electors of the City. Grantee shall be compensated for the fair market value of the Cable Television System located within the Service Area with such value to be determined by the majority of three (3) appraisers, one to be appointed by the Mayor of the City, one by Grantee, and the third by the first two appraisers. The appraisers shall be persons of recognized skill, ability and experience with respect to the appraisal and valuation of cable televisions systems. If Grantee shall refuse to select an appraiser for thirty (30) days after approval by the qualified electors of the City of the purchase, the value of the Cable Television System located within the Service Area shall be fixed by the vote of a majority of the Council. If the two (2) appraisers appointed by the Mayor and by Grantee shall fail to agree upon the third appraiser within thirty (30) days after their appointment, the third appraiser, upon the application of either City or Grantee, shall be appointed by the Presiding Judge of the District Court of Tulsa County, Oklahoma. B. The fair market value of the Cable Television System shall be determined by the majority of the appraisers within ninety (90) days after the appointment of the third appraiser. City shall have ninety (90) days from the receipt of written notice of the decision of the appraisers within which to pay Grantee in cash the appraised value of the Cable Television System. Until such payment, Grantee shall continue to operate the Cable Television System pursuant to the terms of this Permit, provided, that if between the date of the appraisal of the Cable Television System and the date of payment therefor, reasonable and necessary additions, betterments and replacements shall have been made by Grantee to the Cable Television System, City shall pay in addition to the value established by the appraisers the reasonable cost of such additions, betterments and replacements. W W 14 17-423. NON - DISCRIMINATION ' A. Grantee shall not deny any Person or group of potential cable Subscribers access to Cable Service because of race, color, religion, national origin, age, gender, physical handicap or the income of residents in the local area in which a Person or group ' resides. B. Grantee shall not discriminate in the rates or charges for Cable Services or ' in making available Cable Services or facilities of the System. Grantee shall not extend any preference or advantage to any Subscriber or potential Subscriber to the System or to any user or potential user of the System. Grantee may conduct promotional campaigns to stimulate subscriptions to Cable Services or other lawful uses of the System and Grantee ' may establish bulk billing rates and rate schedules for different classes of Subscribers and Cable Service which any Subscriber coming within such bulk billing group, rate or service classification shall be entitled. 1� �I L C. Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, age, gender or national origin. Grantee shall comply with all applicable laws and regulations of the United States and of Oklahoma with respect to employment and personnel practices. 17-424. MODIFICATION The City, after notice and public hearing, may modify this Permit to provide for such standards and exercise such powers, functions, rights or privileges as may now or hereafter be permitted, delegated or mandated by federal or state law, rule or regulation regarding the Cable System, Cable Service or Other Lawful Service. 17-425. MISCELLANEOUS PROVISIONS A. Grantee shall keep books and records for periods of time reasonably established by the City to determine compliance with the terms of this Permit. City, after reasonable notice, shall have the right to review the books and records, including any complaints, of Grantee during normal business hours- as is reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be kept by Grantee pursuant to the rules and regulations of the FCC. Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature; provided this exception shall not be construed to include financial records necessary to enable the City to determine compliance with Grantee's fee payment obligations. Subject to open meeting and record disclosure laws of the State of Oklahoma, City agrees to treat any information disclosed by Grantee to it on a confidential basis and only to disclose it to employees, representatives and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Council may inspect the books and records of Grantee as necessary to determine compliance with the terms of this Permit, compel attendance of witnesses and may be ordinance revoke this permit as provided in Section 20 hereof for failure or refusal of Grantee or any officer, employee or agent thereof to testify or to produce such books or records. B. Copies of all Petitions, applications and communications submitted by Grantee to the FCC, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to this Permit, shall be submitted to the City Clerk upon request. ' C. Grantee shall pay the cost of publication of this Ordinance. 15 1 D. In the event City enters into a franchise, permit, license, authorization or other agreement of any kind with any Person other than Grantee or City for the purpose of constructing or operating a Cable Television System or providing Cable Service or Other Lawful Service within the same Service Area, which contains terms more commercially or economically favorable with regard to government and educational Channels and service, System operational service standards, fees to the City or rates to Subscribers and users, or in the event City enters into a franchise, permit, license, authorization or other agreement of any kind with any Person other than Grantee for the purpose of constructing or operating a Cable Television System or providing Cable Service or Other Lawful Service within the same Service Area, which contains terms more favorable to City with regard to government and educational Channels and service, System operational service standards, fees to the City or rates to Subscribers and users, then Grantee and City shall meet, confer and, if deemed necessary by either, renegotiate in good faith the terms and conditions of this Permit relating to government and educational Channels and service, System operational service standards, fees to the City or rate to Subscribers and users. E. Notices or responses serviced upon City or Grantee shall be in writing, and shall be deemed to have been duly given to the required party three (3) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at the Post Office or branch thereof regularly maintained by the U.S. Postal Service. All notices or responses between the City and Grantee shall be addressed and delivered by certified or registered mail as follows: if to the City, City Clerk, City of Owasso, Owasso City Hall, P. O. Box 180, Owasso, Oklahoma 74055, with copies to the Mayor and the City Attorney at the same address; if to Grantee, Tulsa Cable Television, Inc., d/b /a TCI Cablevision of Tulsa, 8421 East 61st Street, Suite U, Tulsa, Oklahoma 74133. Any notice given by Grantee to the City Clerk shall be accompanied by instructions to the Clerk referencing this section and directing the Clerk to file and maintain such notice with the original of this Ordinance. City and Grantee my designate other addresses or addresses from time to time by giving notice to the other. 17-426. ACCEPTANCE BY GRANTEE A. Grantee shall file with the City Clerk of the City within twenty (20) days after passage and approval and prior to publication of this Ordinance a written acceptance of this Permit and the terms and conditions thereof as set out herein. B. Grantee by the acceptance of this Permit shall be deemed to have waived and released any claim the Grantee might have against the City by reason of a declaration, ruling or judgment by a court as to the invalidity of this Permit or any part thereof. ' 17-427. SEVERABILITY ' If any section, sentence, clause or phrase of this Ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance of any part thereof. ' 17-428. This act shall be codified as Section 17 - 401 et seq. of the Owasso Municipal Ordinances. 16 17-429. By reason of the fact that the proposed Permit Ordinance would promote the health, safety, morals and general welfare of the inhabitants of the City of Owasso, Oklahoma, an emergency is declared to exist whereby the provisions of this ordinance shall take effect immediately upon passage and first publication, as provided by law. PASSED AND APPROVED, and the emergency clause ruled upon separately and approved by the City Council, this day of , 1994, AD. (SEAL) ATTEST: City Clerk,. Marcia Boutwell APPROVED: City Attorney, Ronald D. Cates 17 Mayor, Jerry Duke MEMoxnrmuM ' TO: ' FROM: ' SUBJECT: ' DAVE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST FOR EMERGENCY CLAUSE TO BE ATTACHED TO ORDINANCE #493 December 14, 1994 Oklahoma state law provides for municipal ordinances to become effective thirty days after their passage and publication in a newspaper of general local circulation. The law, however, provides for an exception in cases wherein the delay of an ordinance's effective date would have a negative financial impact, or would result in unnecessary cost to the City, or have an otherwise substantial effect adverse on the public health and welfare. In those cases, the statutes allow the municipal governing body to "attach" an "emergency clause" to the ordinance. The attachment of an emergency clause allows the ordinance to become effective immediately upon publication of the ordinance. The ordinance can then be fully enforced by the appropriate officials. The staff and City Attorney have urged on many occasions, caution in the use of an emergency clause unless a true emergency exists. In this instance TCI has requested an emergency clause. The primary concern is that the franchise under which TCI has been operating expired November 20, 1994. Although TCI has continued to provide cable TV service, it has been under a letter agreement. Until the permit ordinance becomes effective, neither TCI nor the City are appropriately protected by law. It is felt that this is, therefore, an appropriate use of the emergency clause. RECOMMENDATION: The staff has consulted with the City Attorney and will recommend Council approval of the attachment of an "emergency clause" to Ordinance #493. ATTACHMENT: 1. See Ordinance #493 contained with the previous agenda item. MEMoxnrmuni ' TO: OM: R SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR PURCHASING OF REPLACEMENT FENCING AT RAYOLA PARK BALL FIELDS December 13, 1994 Rayola Park's ballfields are utilized extensively every year from March through August, usually 5:30 through 10:00 PM for both softball and baseball games. In addition, games are also scheduled on Saturdays, as well as being utilized by the Owasso High School as the home softball field. Youth soccer and flag football teams also utilize these fields in the fall. Fencing around the ball fields at Rayola Park has become deteriorated over the past years and is increasingly difficult to keep maintained and usable as a defining tool of the ball fields. The current fencing on the softball, installed over four years ago, was installed as a temporary fence to replace the previous wooden fencing. Additionally, the existing outfield fencing on the baseball field was in such poor condition that it was removed and replaced with temporary mesh material last year. Both fields now are a concern, not only aesthetically, but also for user safety. Included within the 1994 -95 Park Maintenance Budget was an appropriation of $5,000.00 for the purpose of replacing the fencing around both the baseball field and softball field at Rayola Park. In an effort to have the fields repaired for the 1995 Spring playing season, the staff prepared specifications and bid documents for the fencing projects. Notification of the availability of bid packets was made on September 29, 1994, containing information about the fencing project and that all sealed bids would then be opened on October 20, 1994 at 2:00 PM. Bids were opened on October 20, 1994, with the following bids being received: COMPANY LUMP SUM BID Aaron Fence Co $ 9499.00 Ace Fence Co $ 9997.00 Builder's Unlimited $ 13592.00 Kelly Fence Co $ 10667.00 Owasso Fence $ 10481.56 All bids were reviewed by staff and found to be complete and meeting bid packet specifications. FUNDING: All bids received for this project were well above the budget estimate of $5,000.00. In order ' to initiate and complete both fencing projects, funds from the Park Development Fund are requested. Contained within the 1994 -95 proposed Park Development Fund is line item "83 -630- , 5441 Playground Equipment - $6,000.00, from which it is proposed the remaining $4,499.00 would be obtained. The staff recommends utilizing these funds for the fencing project for several reasons. Two , large pieces of playground equipment were recently installed at Rayola and Elm Creek Parks in order to upgrade play equipment in those areas, thus the immediate need for additional equipment has been lessened. Also, building permit activity has increased in 1994, and any funds utilized from this account are likely to be replaced faster than previously thought. Additional factors to be considered are: the highly visible location of Rayola Park as one enters or passes through Owasso; the existing condition of the ball field's fencing; and replacement of the fencing was a goal item to be addressed and completed within FY 1994 -95. RECOMMENDATION: Staff recommends that the contract for replacement fencing at the Rayola Park Ball Fields be awarded to Aaron Fence Co, of Tulsa, Oklahoma, in the amount of $9,499.00. ATTACHMENTS: 1. Bid Tabulation Sheet 2. Bid Proposal - Submittal Pages n FENCING AT RAYOLA PARK BALLFIELDS Bid Opening: 10/20/94, 2:00 p.m. Lump Sum Bid Aaron Fence Co Q, (q , 66 Ace Fence Co q q 47 , 00 Builder's Unlimited /3, 5-9a . o0 Kelly Fence Co gyp/ Go,7, 75 OwASSO n !0 iS BID PROPOSAL - SUBMITTAL PAGE REPLACEMENT FENCING AT RAYOLA PARK BALL FIELDS ' TOTAL LUMP SUM BID FOR MATERIALS AND LABOR Hisic- Ti- Eo -s ANa FivR J4urjD&0!) IVIoue-Ty /Vtouc /)bUl 9499.° =° I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal - Submittal Pages. ' Title Iq /Q 2cs /J �G r.� CC C:v. �ti C o Address ?oZ3J S. �7� 2D -7 c/ / o 7 -4-Aq6- 3S6 3 BID OPENING: THURSDAY, OCTOBER 20, 1994 @2:00 P.M. NON COLLUSION BID AFFIDAVIT ' STATE OF 1 ) ss COUNTY OF 1 S14 CIC6 ' J. , of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant 1 further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective ' contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract. 1 � Name: 5,4 G (- r3 y D • U «L Subscribed and sworn before me this � day of , 199W L jWt�Alj L UU.- My Commission Expires: 1)-5-463 NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL .1 nEMoxnrmuM ' TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ' FROM: RODNEY J RAY CITY MANAGER SUBJECT: ANNUAL LEASE RENEWAL BETWEEN CITY AND TULSA COUNTY HEALTH DEPARTMENT FOR BUILDING USED BY CHAMBER OF COMMERCE DATE: December 15, 1994 BACKGROUND: On August 16, 1988, the City Council adopted Resolution 88 -11 calling for the return of property donated to Tulsa County and subsequently used as a site for a Tulsa City- County Health Department facility. The property had been donated to the County in 1971, and the building was constructed on the property in 1972. Mayor Lamb signed Resolution 88 -11, and it was presented to the County on August 19, 1988. The request for the return of the property was ' made pursuant to a reorganization plan adopted by the Health Department that closed its facilities in each of the County's municipalities and concentrated its efforts on a regionalization of services (ie their Collinsville facility remained open and now serves Owasso, Collinsville, Sperry 1 and Skiatook). With the closing of the Owasso facility, the City Council believed the building should be deeded back to the City since it was located on property donated to the County. Unfortunately, the County did not agree with our request and submitted a counter - proposal that included an offer to sell the asset to the City. After further discussions, Commissioner Harris offered a compromise that would make the facility available to the City on an annual basis at a cost of one dollar per year. In October of 1988, the City- County Health Department agreed to the proposed lease concept. Subsequently, in January of 1989, the City and County entered into a "one dollar per year" lease agreement that was renewed in July of 1989 to coincide with the two entity's fiscal year. Since July 1989, the annual lease has been renewed each year until July of 1994. The lease was not renewed in June due to oversight on the part of both agencies. In November the City staff contacted the County and informed them of the lack of a lease, and requested that one be developed and sent to us for action. City- County Health Dept Lease December 15, 1994 Page 2 On December 9, the City received the attached lease. Our review of the document indicates there are no material changes from past year's agreements. The agreement has been sent to Mr Cates for his review. Please note that the City has sub - leased the facility to the Owasso Chamber of Commerce since January 1989. Additionally, it should be noted that the OEDA spent $4400 in August of 1989 to repair and improve the building. It should be further noted that the lease with the Chamber will be presented for approval in January (our lease with the Chamber has not been changed to a fiscal year because they use a calendar year). RECOMMENDATION: The staff recommends Council approval of the lease agreement with the Tulsa City- County Health Department, and that the Mayor be authorized to execute such document. ATTACHMENT: 1. Proposed lease agreement City qw IDecember 7, 1994 . " Ms. Jane Buchanan Owasso City Clerk Owasso City Hall P. O. Box 180 Owasso, OK 74055 TULSA CITY - COUNTY HEALTH DEPARTMENT 4616 East 15th 0 (918) 744 -1000 Tulsa, Oklahoma 74112 AA /EEO RE: Lease Agreement/TCCHD and City of Owasso Dear Ms. Buchanan: Enclosed please find four (4) originals of the above referenced lease agreement which were approved by our Board of Health. Please secure all appropriate signatures and return to my attention three (3) fully executed originals. Thank you for your assistance in processing this agreement. Sincer , ry L. lalth augh ublic H Attorney GLH:lm Enclosure C/H 1095 /OWASSO.RTN TCCHD Contract #2 -03 07 -01 -94 to 06 -39 -94 AGREEMENT THIS AGREEMENT made and entered into this 27th day of July by and between the City of Owasso, a municipal corporation, hereinafter referred to as "Lessee ", and the Board of County Commissioners of Tulsa County, Oklahoma, on behalf of the Tulsa City - County Health Department, hereinafter referred to as "Lessor ". RECITALS: WHEREAS, 74 Okl. St. Ann. Section 1008 provides authority for interlocal contracts for governmental services; and WHEREAS, 63 Okl. St. Ann. Section 1 -216 provides authority for city- county health departments to enter into agreements with other municipalities; and WHEREAS, Lessee is desirous of obtaining a facility to house municipal offices on a continuous daily basis; and WHEREAS, Lessor is desirous of leasing the Owasso Health Center facility to facilitate the Lessor's regionalization plan for the provision of health services for the citizens of Tulsa County. NOW THEREFORE, for and in consideration of the mutual terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Lessor, in consideration of the rents, covenants and agreements hereinafter contained, does demise, rent and lease unto the Lessee the possession of: The Owasso Health Center located at: 319 South Cedar in Owasso, Oklahoma, together with any and all improvements now situated upon said premises for a term beginning July 1, 1994, and ending on June 30, 1995. In consideration of the use and possession of these premises, Lessee agrees to pay Lessor the sum total of $1.00 due and payable on or before July 1, 1994. 2. Lessee agrees that should Lessor need space to conduct clinics or other public health functions in the City of Owasso, space herein or at Alternative- spaces as the City shall make available to Lessor by the Lessee, as needed. 3. Lessee agrees to provide all janitorial services and utilities for the entire facility, including the provision of the necessary toilet and janitorial supplies, as well as the labor and materials for outside yard maintenance of the facility. 4. Lessee shall maintain in good condition the exterior of the premises, including all exterior walls, roof, foundation, downspouts, sewers, and paving and parking areas. Lessee further agrees to maintain the interior structural and nonstructural portions of the building, including painting and ordinary repairs and maintenance of plumbing, floor drains, floor covering, light fixtures, air conditioning and heating. Lessee may, at its own cost and expense, alter or remodel the interior of the premises in any manner it desires, provided, first, the structural strength of the building shall not be impaired by such work, and second, that the plans and �a. h TCCHD & City of Owasso 07 -01 -94 to 06 -30 -95 Page 2 TCCHD Contract #2 -03 specifications for such alteration or remodeling shall be submitted to the Lessor who must approve the same before any work has commenced. In this connection, it is also agreed that Lessee shall indemnify and hold the Lessor harmless of, from and against any liens for labor and material resulting from such alteration and Iremodeling. 5. The Lessee shall have the right to remove any and all furniture, equipment and ' improvements it may have installed on the premises, provided Lessee shall restore any damage to the building as the result of such removal, and all permanent alterations and improvements by Lessee shall become a part of the real estate and ' upon the expiration of this lease. Lessee shall not be entitled to remove the same and shall not be entitled to any repayment or compensation therefor. 6. Either party may terminate this lease upon ninety (90) days' written notice to the other party. ' 7. Lessee agrees to carry and keep in force during this Agreement, policies of insurance on Lessee's contents as well as insurance on the building and its ' contents. 8. The City of Owasso hereby agrees to deliver to the Board of County Commissioners of Tulsa County a liability release statement releasing Tulsa County and the Tulsa City - County Health Department from any liability for personal damage or injuries which might result from the maintenance or operation of the ' leased premises and shall also maintain in effect at all times during the duration of the lease liability insurance with coverage amounts not less than the liability limits provided by the Governmental Tort Claims Act. This insurance should also name Tulsa County and the Tulsa City- County Health Department as additional insured, proof of which must be submitted to the Lessor prior to the beginning of this lease. 9. The City of Owasso also agrees to maintain during the term of this lease fire and premises insurance equal to replacement cost of the building and to provide TCCHD with a Certificate of coverage, naming TCCHD and the Board of County Commissioners. 10. This Lease Agreement shall be binding upon he parties hereto, their successors and assigns, and neither party shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. ki rl TCCHD & City of Owasso 07 -01 -94 to 06 -30 -95 Page 3 TCCHD Contract #2 -03 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written above. LESSOR: BOARD OF COUNTY CO o"_U__1A County / Imissioner Lewis Harris rman ISSIONERS Date ATTEST: G i Jan Hastings Date APPROVED AS TO FOR DICk4 la eley Date Assistant District Attor ey TULSA CITY- COUNTY BOARD OF HEALTH: i V�I ��.,i TU SA CITY - COUNTY HEALTH DEPARTMENT: ary x, b i . Date Interim Director cMasirownsso.css LESSEE: CITY OF OWASSO A Municipal Corporation Mayor City Clerk Date Date APPROVED AS TO FORM: Date City Attorney (AFFIX CORPORATE SEAL ABOVE:) APPROVED AS TO FORM: L. Hof augh D lic Health Attorney i lu 1 Did o FIN-39 TO: THE HONORABLE MAYOR AND CITY COUNCIL 1 CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER ' SUBJECT: DRAINAGE FACILITY SOUTH OF 76TH STREET NORTH BETWEEN HIGHWAY 169 AND 129TH EAST AVENUE ' DATE: December 14, 1994 1 BACKGROUND: Oklahoma law provides a mechanism by which local governmental units may enter into agreements with each other to construct, improve and repair any public facility. These ' agreements are most often found in situations where one unit can provide facilities or right -of- way which inures to the benefit of the other, or both, units. Mr and Mrs Downey appeared at the November 15th City Council meeting to outline to the Council the problems encountered with drainage on their property. As a result of an on -site meeting November 18, 1994 with the Downeys, John Cramer, Commissioner Lewis Harris, 1' Tom Van Hoose, Mayor Duke, Robert Carr, and me, there was a commitment for a joint �• City /County project. The scope of the work is to straighten and clear the existing drainage channel which runs along the eastern edge of their property, from 76th Street North to a point I 1h approximately 300 feet south of their property line. The County has agreed to provide a tracked bulldozer and one operator, and the City has committed labor, vehicles and tools. The cost to the City is in the way of labor for two employees for whatever time is required, plus chainsaws, fuel, oil, and other tools necessary to clear the drainage channel. In addition to the agreement, it will be necessary for the City to obtain a temporary construction ' easement and stormwater drainage easement from both property owners, to which they have agreed in principle. The stormwater drainage problem is caused by housing developments to the north, and can be expected to be exacerbated by continued housing and commercial development. rl Drainage Facility Agreement December 14, 1994 Page 2 RECOMMENDATION: Staff recommends Council approval of the proposed agreement and that the Mayor be authorized to execute such agreement on behalf of the City. ATTACHMENT: Proposed agreement for construction of a drainage facility. IAGREEMENT ' THIS AGREEMENT, made the day of , 1994, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "COUNTY" and the City ' of Owasso, Tulsa County, Oklahoma, hereinafter called "CITY ". ' WITNESSETH: WHEREAS, by virtue of 74 O.S. 1991, Section 1001, local ' governmental units are permitted to enter into agreements with each other to construct, improve and repair any public facilities, and; ' WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the ' COUNTY and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this agreement shall be for a period ' equal to the time necessary to complete the project described herein, based upon the COUNTY'S work schedule. ' 2. The purpose of this agreement shall be for the construction of a drainage facility south of 76th Street North, per the construction plans provided. ' 3. The CITY shall provide for all required right -of -way, ' utility relocation, engineering plans, and maintenance. 4. The COUNTY shall provide all labor and equipment required ' to complete the project. 5. This agreement shall be effective from and after the date of execution thereof and is intended only for the purpose ' detailed in Section 2 above. 6. The rights, duties and obligations under or arising from M this agreement shall not be assigned by either party hereto without the express written consent of the other. �1 APPROVED AS TO FORM: ty Attorney ATTEST: City Clerk APPROVED AS TO FORM: Assistant District Attorney ATTEST: County Clerk DATE: CITY OF OWASSO, OKLAHOMA Mayor BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA Chairman MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY I CITY MANAGER ISUBJECT: DRY FIRE HYDRANT AT 8707 E 96TH ST N DATE: December 14, 1994 FBACKGROUND: Oklahoma law provides a mechanism by which local governmental units may enter into agreements with each other to construct, improve and repair any public facility. These agreements are most often found in situations where one unit can provide facilities or right -of- ' way which inures to the benefit of the other, or both, units. A dry fire hydrant is simply a retention pond of clean water with access and facilities placed to ' allow the fire department to quickly and safely fill the pumper truck without having to set up any apparatus. W The dry fire hydrant is also desirable in this case because the rural water district has undersized lines, making standard fire hydrants an untenable option. The dry hydrant would significantly increase our firefighting abilities on rural fires. The only requirement of the City in this agreement is to provide right -of -way for a gravel access road. The homeowner has already agreed to grant the right -of -way. There is, therefore, no cost to the City. RECOMMENDATION: Staff recommends Council approval of the proposed agreement and that the Mayor be authorized to execute such agreement on behalf of the City. ATTACHMENT: 1. Proposed agreement for installation of dry hydrant. 2. Memorandum from Chief Allen P.T-e) a o oi a on, PQ THIS AGREEMENT, made the day of , 1994, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "COUNTY" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "CITY ". WITNESSETH: WHEREAS, by virtue of 74 O.S. 1991, Section 1001, local governmental units are permitted to enter into agreements ' with each other to construct, improve and repair any public facilities, and; WHEREAS, the County is desirous of participating in projects ' and the provision of services mutually advantageous to the COUNTY and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this agreement shall be for a period equal to the time necessary to complete the project described herein, based upon the COUNTY'S work schedule. 2. The purpose of this agreement shall be for the installation of one dry fire hydrant at 9707 East 96th Street North, based upon the construction plans provided. 3. The CITY shall provide for all required right -of -way, utility relocation, construction plans, and maintenance. ' 4. The COUNTY shall provide all labor and equipment required to complete the project. I 5. This agreement shall be effective from and after the date of execution thereof and is intended only for the purpose detailed in Section 2 above. 6. The rights, duties and obligations under or arising from this agreement shall not be assigned by either party hereto without the express written consent of the other. APPROVED AS TO FORM: ty Attorney ATTEST: City Clerk APPROVED AS TO FORM: Assistant District Attorney ATTEST: County Clerk DATE CITY OF OWASSO, OKLAHOMA MAYOR BOARD OF COUNTY COMMISSIONERS TULSA COUNTY Chairman L MEMORANDUM 1 TO: RODNEY RAY ' CITY MANAGER FROM: BOB ALLEN FIRE CHIEF SUBJECT: DRY HYDRANTS DATE: December 15, 1 994 BACKGROUND Several years ago, INCOG began a study to determine if a Dry Hydrant Installation Program was needed for Tulsa County. The purpose of the study was to evaluate the availability of water sources required for effective fire fighting. INCOG recognized that rural water districts provide sufficient water for domestic use. However, water sources available for fire fighting were lacking in most rural areas. After completion of the study, INCOG has offered to provide the materials necessary for the installation of one (1 ) dry hydrant for each city in the surrounding Tulsa area. Also, Tulsa County has agreed to provide the equipment and labor. For the past several months, Mr. Dale Block, with INCOG, and the Owasso Fire Department have been reviewing our rural area in order to locate a suitable site to install a dry hydrant. We located an area that is in extreme need of a dry hydrant. Mr. Block and I contacted a Mr. John Ferguson at 8707 E 96 St. N to obtain permission to install a dry hydrant on his property. Mr. Ferguson supports our program and stated he thought it was very valuable for his neighborhood. DRY HYDRANT CONCEPT A dry hydrant is a non - pressurized pipe system permanently installed in existing lakes, ponds, and streams that provides means of suction supply of water to a tank truck or engine. In many of our rural areas, a lack of water mai ns and domestic f i re hydrants can sometimes impair our fire departments ability to do our job quickly and efficiently. In our rural areas, tanker trucks must be used to carry water to the fire scene. The success of this type of operation hinges on the distance our tank trucks must travel to water "fill -up" points in our area. Unfortunately, the fill-up points are often a long distance from the fire, and fire fighters are unable to retain an uninterrupted water supply at the fire scene. Dry hydrants have an added ecological benefit of department to utilize natural unprocessed water thus conserving treated water for domestic additional benefit to citizens in the area where been installed usually results in lower insurar rates. DESIGN AND FINANCIAL ASSISTANCE allowing our fire for fire fighting use. Also, an dry hydrants have ice classification The local Soil Conservation Service Office will survey the dry hydrant installation location then prepare and certify the design of the dry hydrant. As stated above, INCOG will provide the materials and Tulsa County will provide the equipment and manpower. FIRE DEPARTMENT OPERATIONS When responding to a fire in an area where there is an insufficient water supply, the Fire Department will respond a Tanker with the Pumper. If needed, the Tanker will set up a portable drop tank and discharge its water into the drop tank. As soon as the Tanker is empty, it immediately proceeds to the water supply and refills with water drafted from the dry hydrant. The refilled Tanker then returns to the fire scene to discharge its water into drop tanks, then repeats the cycle, thus supplying a continuous and reliable water supply. Travel distance and travel time to an accessible and reliable water source is a critical element in rural fire protection. Any time saved in transporting water to the fire scene is directly related to obtaining sufficient water for effective fire fighting. RECOMMENDATION The Owasso Fire Department strongly supports the dry hydrant installation program. We are hopeful that after the dry hydrant is installed on Mr. Ferguson's property, other rural homeowners will recognize the benefits and will request a dry hydrant be installed on their property. ';Schlumberger Ir ";v Tor: 1I . 1 • I Vl •� �t� a°aa .mod= ,� !r ��..�` ��� ^.^f- 't,,;g� 1. • f`' ., _` ��� £: �"�� _[M's�'" .n]� y{ j� °,e r, - _ � �- y- y u .. Kl I MEMORANDUM TO: RODNEY J. RAY FROM: MICHAEL J. KNEBEL I SUBJECT: CONTINUATION OF UBJ SOUTHWESTERN BELL PLEXAR II CONTRACT 1P DATE: December 12, 1994 BACKGROUND In late 1989, a committee of City staff members explored the possibility of converting the basic decentralized phone system into a more central type of communications system. They reviewed several different operational systems and types of hardware in an effort to cut costs, improve efficiency, and to be more productive for the citizens and employees. This committee concluded that the best available system to serve the criteria was the PLEXAR service offered by Southwestern 11�! Bell. A five year agreement was authorized by the City Council at the second meeting in November of 1989 and the Plexar II service contract was initiated in January of the following year. One of the most commonly used features of the Plexar system is the capability to transfer calls between City facilities. This function allows citizens to be directed to the proper department or division without forcing the caller to dial another number. The Plexar system is also capable of "line roll over" on busy, conference calls, direct inward dialing without the use of an outside line, and many other optional features. None of these standard and optional features add any appreciable cost to the service. PLEXAR COST SAVINGS The City currently utilizes forty -eight separate phone numbers for all of its fourteen facilities and one hundred plus employees. If each of these was a separate business phone line on a non - Plexar system, the average monthly cost would be approximately $45 per line. With the current Plexar II five year contract, the average monthly bill is approximately $25 per phone number (excluding long distance charges). The cost savings are actually accomplished by the City's utilization of only fourteen "outside trunk lines" for all of the forty -eight phone numbers available. Southwestern Bell denotes these fourteen trunks as "Access Lines" and charges the standard business phone line rate for each. They then add approximately $11.00 in additional charges for each Plexar phone number. This contributes to a substantial savings in monthly phone access charges and simultaneously gives the City a more functional telecommunications system. SYSTEM RELIABILITY AND SERVICE After a few minor glitches during the initial installation in 1990, the Plexar II system has been relatively trouble free. Occasionally, a phone line will be accidentally disconnected or a feature will be inadvertently dropped, but the service department's response time for repairs of such occurrences has been exceptional. The entire Plexar service group has been very pleasant and helpful in handling the City's requests for line additions, removals and other changes in service. Overall, the system reliability and service has been outstanding. CONTRACT RENEWAL PROPOSAL Several weeks ago, the Southwestern Bell Plexar account representative sent the City a proposed contract for renewal of the Plexar II account. Basically, the cost for the outside trunks will remain equal to a regular business phone line, each Plexar station will increase from $3.75 to $5.25, the overall station "line facility" charge will decrease approximately $0.55 per station (due to a . cancellation of mileage charges for stations under two miles apart), and several incidental charges for optional features will be eliminated. Ms. Bishop, Ms. Christensen, and I have completed a review and analysis of the proposed five year agreement pricing structure. Our review concluded that the overall price increase for current services would be less than $40 per month. Please note that we also contacted Southwestern Bell about other options and found that they also offer a month by month service at $12.75 per station or a one year agreement at a $10.00 for each Plexar station. As previously stated, the five year agreement offers the service at $5.50 per station and would certainly be the lowest cost option. A copy of the proposed agreement has been sent to the City Attorney for review. RECOMAU,NDATION The staff recommends Council approval of a payment agreement with Southwestern Bell Telephone for the purpose of providing Plexar II telecommunications services. ATTACHMENTS 1. Proposed Agreement 2. Memo dated November 17, 1989 1 1 s6' 1wq MEMORANDUM r hVJ Qa TO: THE HONORABLE MAYOR AND CITY COU IL CITY OF OWASSO ' FROM: RODNEY J. RAY SUBJECT. REQUEST FOR COUNCIL AUTHORIZATION FOR THE MAYOR TO ENTER INTO A CONTRACTUAL AGREEMENT WITH SOUTHWESTERN BELL FOR THE INSTALLATION AND INITIATION OF A "PLEXAR II" TELEPHONE SYSTEM a DATE: NOVEMBER 17,1989 BACKGROUND: For several months the staff has explored the possibility of converting our basic telephone system from one that is decentralized to a more central type of communications system. We have reviewed several different operational systems and types of hardware with the goal of cutting cost, improving efficiency, and being more productive for our citizens and employees. Using the information from this review, the staff has reached the conclusion that the best system available for our needs is the "PLEXAR" service offered by Southwestern Bell Telephone. This service allows for the centralized system we desire without the need for changes in our hardware or the purchase of additional lines. Our review, in fact, indicates that the real cost savings will be realized as the city telephone system grows. Using the Plexar II system any new hardware (telephones) can be the very ' simple one -line phones of the type that became common several years ago and would cost less than $30.00 each. Our current system uses phones that cost the City more than $150 each and are required for our system. The future expansion of the Plexar II system will need only additional lines and additional single -line phones and should result in substantial savings over the years, provided that the expected growth of the city and resulting growth of city services is realized. The Plexar II system is actually a service that is provided by Bell that allows for any telephone system to become more flexible and gain capabilities that are generally found in more expensive, computer controlled systems. The major advantage to the service is that ALL city telephones can be linked together and allow for the immediate transfer of any call to any department from any other telephone. PLEXAR II ' NOVEMBER 17, 1989 PAGE TWO One of the most frequent complaints we get is from citizens who are often required to make more than one call to reach the office or person who handles their specific problem. The Plexar II system will allow any station in our system to transfer calls to any other station, thus providing for the centralization factor that we feel we need to properly serve the community. The system also includes the flexibility we need to meet the needs of a growing organization. The system is designed to provide state of the art services as an integral part of the system or as add -ons when the city reaches the point of ne9ding such a service. All updates to the service are automatically added on; without charge, to the customers on the system, therefore there should be few additional costs to the city as the capabilities of the system are increased. Data lines are also available as a part of the system, however we are not charged for existing dedicated lines now used for sewer lift stations etc. We believe that the Plexar II system will better serve the administrative departments and will save dollars, both short term and long term. We also believe that the citizens of the community will be better served. In exploring this type of service we visited with city employees from Ada, Bartlesville, Oklahoma City, and Tulsa about their experience with Plexar and with two employees of the Owasso School system. All comments about the system were positive and indicated that the system had preformed as well as, or better, than expected. All of the cities had expected some problems with the change over in the area of emergency service communications. In every instance, however, the cut -over had been properly supervised by on -site personnel and had been accomplished with a minimum of problems. Please note that 911 service is not effected by or a part of the Plexar system, there are no interruptions of 911 service during the cut -over. A 1 1 of the people we consulted did say there were some initial problems in the first few days as the "bugs" were worked out. However, all of the users believed that the Plexar system was much better than their previous system. Based on the staff review, the system will meet our goal of activating a system that will provide: 1. for future growth 2. flexibility to address unique problems 3. cost effectiveness 4. constant service (minimum downtime) ' N to PLEXAR II NOVEMBER 17, 1989 PAGE THREE COST AND SAVINGS: The change to the Plexar II system would also result in immediate savings to the city in the form of reduced cost for line charges. We now pay a base rate of $1,065 per month for line charges, resulting in an annual cost of $12,780. Using the Plexar II system the monthly cost will be $917, or an annual cost of $11,004. The annual savings will be $1,776. It should be noted, however, that there are some one -time installation costs for getting the service on -line. These costs are set at $2,032 and include ALL charges to bring the system into operation. Based on the established rates and the installation cost, the system should pay for the cost of installation within fourteen months. It is estimated that the Plexar II system will save the city $8,880 over a five year period (net savings after installation costs are deducted is projected to be $6,848). RECOMMENDATION: I recommend that the Council approve this request for the initiation of Plexar II telephone service and authorize the Mayor to enter into a contract with Southwestern Bell Telephone Company for that purpose. ATTACHMENTS: 1. Recommended Contract NOTE: The City Attorney has reviewed the attached contract and found it to meet the legal requirements of the city ordinances and state statutes RR /PLEXAR O • 1 i . Retention Period - See J.P. 47 PLEXAR II FIXED RATE PAYMENT PLAN LETTER OF ELECTION Services Covered ,ustomer City of Owasso Telephone Number: 918 272 -2251 .ype of Service: Plexar II Number USOC Unit Units Code Description IC 1 NRCEX System Charge __$1900.00 25 EXM Unrestricted Stations $ 17.75 Unrestricted 15 E4A Alternate Sta. $ 17.75 Minimum Sta. 5 RFNPL Requirement - Business 20 _ESVP Convenience Package $ 9.00 Station Line 31 1LV3R Facility Rate - Total ustomer Elects to defer the following amount f I. C. over the PLEXAR II Contract Period $_ an Effective Date: an Expiration Date: Date Page — Date Issued: Service Order Number: Unit 1 Total SW-9204A (Rev. 11 -87) of 1 1 Mo. Fixed 1 Mo. Fixed Option Rate IC Option Rate - - $1900.00 - - - $3.75 $ 443.75 - $ 93.75 $3.75 $266.25 - $ 56.25 $3.75 - - $18.75 $1.00 $180.00 - $20.00 $4.50 - _ $139.50 $2790.00 $328.25 This addendum may be reissued, as required, to reflect service and /or equipment changes order by the customer. Customer Signature Customer Authorized Telco Repre'sentative Date Original - Comptrollers Retention Period - See J. P. 47 I 0 M PLEXAR II Fixed Rate Payment Plan Letter of Election The undersigned hereby elects to subscribe to PLEXAR If Service under the PLEXAR II Fixed Rate Payment Plan. S W9204 (Rev. 11-87) Pursuant to the PLEXAR II Fixed Rate Payment Plan, the following Letter of Election sets forth some of the major terms and conditions of the Plan; however, It Is understood that such a Plan is provided for In the Company's tariffs which control the offering in all respects. The service Items attached are provided at the tariff rates and guaranteed against a Southwestern Bell Telephone Company initiated rate Increase for a period of 60 months commencing on NA if the system Is presently In service or on the cutover date of If the system Is to be Installed new. 1. All Items are fumished at existing tariff rates and charges. 2. A minimum 80% obligation is assumed for the Central Office lines subscribed to under this plan. If lines are disconnected below this minimum, and noted optional features are disconnected, the customer may elect to continue paying for these lines and /or optional features at the PLEXAR II fixed rate or pay termination charges. A termination charge based on the present worth of the remaining monthly payments wlll•be applicable under the following conditions: if the subscriber a) moves to a different serving central office: b) disconnects the entire service: c) disconnects more than 20 percent of the stations listed in the Letter of Election. The termination charges Is calculated as follows: Under any conditions above subtract the allowable 20 percent station fluctuation from the station quantity under contract. — Calculate 70 percent of the monthly rate for stations and optional features subject to termination liability. — Determine the appropriate present worth of an annuity factor for the remaining months left in the contract. This factor is based on a .0230 percent discount rate. 3. Rates and Charges for PLEXAR II optional features and tie line terminals will be automatically stablized for all subscribers to the plan against a Southwestern Bell Telephone Company Initiated rate increase for the contract period. 4. Any additions that exceed the number of stations Initially covered under the Letter of Election will be covered by PLEXAR II Fixed Rate Payment Plan. If extraordinary or unusual costs would be Incurred by Southwestern Bell Telephone Company to add that additional equipment, the subscriber would be liable for costs Incurred. 5. A subscriber may move his principal location anywhere within the serving central office area and keep the Plan. All lines moved are subject to the Installation or multi- element charges In effect at that time. 6. If the Plan Is cancelled in whole or part by the customer prior to the expiratlon of the Plan, the customer will be required to pay termination charges based on the formula in #2 above. 7. Upon credit verification of the assignee and upon written approval of Southwestern Bell Telephone Company, a subscriber may assign the Plan to another subscriber at the same location for a fee of 250.00 and subject to the provisions of the company tariff. The system will be assumed as Is and In place. 8. At the conclusion of 60 months for the 1 -month option or the fixed term for any other contract term, the customer must elect one of the following options. This contract is subject to the provisions of the Oklahoma Constitution pertaining to ublic indebtedness, and title 15-O.S. § 213, 214 and 215. — Convert to the month �o -month rate. — Renew the service at terms, conditions, and rates that may exist at the time of renewal. — Discontinue the service. If the customer does not notify the Company which option he elects by at least 10 days prior to the contract expiration date, service will continue at the monthly rate currently In effect for the month -to -month option. 9. The specific rates, terms and conditions of this offering are set forth In Section 22 of the Company's tariffs and the PLEXAR II Fixed Rate Payment Plan is subject to such tariff which Is binding In all respects on both the Company and the subscriber. It Is understood that while Southwestern Bell Telephone Company will not Initlate a rate Increase during the term of this agreement, this agreement can be modified and /or the rates covered hereby can be Increased by the State Regulatory Commission. Customer Service Address 207 S. Cedar Primary Remote Total Number Station Lines Represented by this Contract_ 45 Total Number Exchange Access Lines 14 Effective Date of the Plan Expiration Date of the Plan Election Acknowledge for Election Placed By Southwestern Bell Telephone Company City of Owasso (Name of Company) By Name Ivan Gentry Title Account Representative Date Attachment: SW A. Pages 1 through By_ Name Title Phone Date:. PIEXAR II FIRED RATS PAYMEW PLAN AGRS@ffiPP OK -4325 (4 -94) The undersigned hereby agrees to subscribe to the Plexar II Fixed Rate Payment Plan (the "Plan ") as set forth in the Company's tariffs. Pursuant to the Plan, this Agreement sets forth some of the major terms and conditions of the Plan; however, it is understood that the Company's tariffs control the offering in all respects. The service items are provided at the tariff rates and are guaranteed against a Southwestern Bell Telephone Company initiated rate increase for a period of . 60_ months commencing on 1-26-95 , if the system is presently in service, or on the cutover date of if the system is to be installed new. 0 Dne (1) calendar month ef the expiration dnte in order to isintain euirent Agreement yea. This Agreement is subject to the provisions of the Oklahoma Constitution pertaining to public indebtedness, and Title 15 O.S. SS213, 214, and 215. 1. All items are furnished at existing tariff rates and charges. 2. Termination charges will be applicable under the following conditions: If the subscriber a) disconnects the entire service; b) disconnects more than 35% of the maximum contracted station quantity installed during the duration of the contract. The termination charge is calculated as follows: 2.1) To get the monthly rate subject to termination charges, under the conditions described above, subtract the allowable 35% station fluctuation from the maximum contracted station quantity installed during the duration of the contract. 2.2) Calculate the total monthly rate for the station quantity subject to termination charges identified in step 2.1. 2.3) Determine the present worth factor for the remaining months left in the contract. This factor is based on the discount rate as specified on the OK -4325A attached. 2.4) Multiply the results of steps 2.2 and 2.3 to determine the present worth termination liability amount. In addition, the present worth of any installation and non - recurring charges that have been deferred must be paid in full. 3. A subscriber may move Plexar -II service within the same serving central office or to another central office where facilities permit, subject to the appropriate non - recurring charges, and any other appropriate charges /costs resulting from the subscriber's requirements (i.e., overtime hours, special construction). 4. At the conclusion of the fixed term for any contract, renewal procedures will be determined based on the number of stations currently in service within any serving central office. The following options apply: 4.1) Arrangements with 74 stations or less in each serving central office can renew the service at terms, conditions and rates that exist at the time of renewal. 4.2) Arrangements with 74 stations or less in each serving central office can change to Month -to -Month rates for all rate elements (standard and optional). If one of these options is not chosen by the contract expiration date, as noted on the Telephone Company billing records, service will continue with billing being converted to the monthly rate currently in effect for the Month -to -Month plan. 4.3) Arrangements exceeding 74 stations in any serving central office can convert the service at terms and conditions set forth in the "Plexar- Custom" Section of the Company's tariff. 5. The specific rates, terms and conditions of this offering are set forth in the Plexar II Section of the Company's tariffs, and the Plan is subject to such tariffs, which are binding in all respects on both the Company and the subscriber. It is understood that while Southwestern Bell Telephone Company will not initiate a rate increase during the term of this Agreement, this Agreement can be modified and rates covered hereby can be increased by the State Regulatory Commission. 6. Upon credit verification of the assignee, and upon written approval of Southwestern Bell Telephone Company, the Customer may assign this Agreement to another subscriber at the same location for a Supersedure Fee payable to Southwestern Bell Telephone Company. The assignee then becomes the Customer and agrees to be subject to the provisions of the Plexar Tariff and this Agreement. The service will be assumed as is and in place. Customer Name Owasso City Of Service Address 207 S. Cedar Effective Date January 26, 1995 Expiration Date January 26, 2000 Agreement Acknowledged for Southwestern Bell Tel. Co. Agreement Authorized for City Of Owasso (Name of Company) By: Name (Print): Title: Date: By : Name (Print): Title: Date: Sv.+ualeste— wll Teiepnune pLE%AR II FIXED RATE PAYIffiPP PLAN IIC>i28E!!BW , OK -4325A SERVICES COVERED (4 -94) Customer: City of Owasso Telephone Number: 918 272 -2251 Service Address: c - Plexar Stations: 48 Fixed Rate per Station: 5.2 5 - Station Line Facilities: - 34_ Fixed Rate per SLF: 5.50 Service Address: - Plexar Stations: Fixed Rate per Station: - Station Line Facilities: Fixed Rate per SLF: Service Address: - Plexar Stations: Fixed Rate per Station: - Station Line Facilities: Fixed Rate per SLF: Initial Installation Service Connection Charge per Station: Service Establishment Charge per Serving Central office: Service Address: Page of Date Issued: Contract Length: 60 months - Plexar Stations: - Station Line Facilities: Service Address: - Plexar Stations: - Station Line Facilities: Service Address: - Plexar Stations: - Station Line Facilities: Supersedure Fee per System: Initial Installation Discount Rate: - To be used in determining the present worth of Termination Liability pursuant to Paragraph 2 of the Agreement. - To be used in determining the annuity factor for deferral of Initial Installation and /or Non - Recurring Charges. Subsequent Addition Discount Rate: - To be used in determining the annuity factor for deferral of Subsequent Installation and /or Non - Recurring Charges. Customer elects to defer the following amount of Non - Recurring Charges over the Plexar Contract Period: $ Fixed Rate per Station: Fixed Rate per SLF: Fixed Rate per Station: Fixed Rate per SLF: Fixed Rate per Station: Fixed Rate per SLF: THIS ADDENDUM MAY BE REISSUED, AS REQUIRED, TO REFLECT SERVICE AND /OR EQUIPMENT CHANGES ORDERED BY THE CUSTOMER. CUSTOMER ACKNOWLEDGES THAT ADDITIONAL STATIONS BEYOND THE INITIAL QUANTITY ARE SUBJECT To TERMINATION LIABILITY. Plan Effective Date: 1 -26 -1995 Date Customer Signature Plan Expiration Date: 1 -26 -2000 Date Telephone Co. Signature BACKGROUND: It has recently come to the attention of both the Community Development and Public Works r^ Departments that a residential dwelling in the final stages of construction in the Double Oaks III addition is partially located over a sewer line. The dwelling is located at 7913 N. 128th East Avenue, and the building permit for said dwelling was issued on October 5, 1994. The approved building permit application, along with the required site plan, is attached for your information and review. The site plan submitted by ' Hamilton Homes, however, fails to show the additional platted utility easement in which the sewer line for the homes on the southern end of Block 1 is located. An 8 1/2 x 11 copy of the Double Oaks III plat, along with the utility easement in question highlighted, is also attached for ' your information and review. When the Community Development staff receives a building permit, in addition to verifying that ' a proposed structure meets all BOCA codes, it is also a requirement to "double check" the site plan submitted to ensure it identifies all platted easements on the property. Evidently, the site plan submitted by the builder was not "double checked" for accuracy and the building permit ' was approved by the department's building inspector. The subsequent footing inspection also did not show this violation. The City, therefore, now is in a position where a residential dwelling is in its final stages of construction and a portion of it (the northern and eastern most four feet of the dwelling) is ' located over a city sewer line. If the city would need to perform a major repair to the existing line, it is possible that a portion of the home could be damaged. The dwelling is currently not under a contract for purchase as it is a spec home, and the builder is aware of this concern. Staff feels that it is important that the Owasso City Council understand that this is the result of both builder and staff error and any future owners should be aware that possible problems could arise in the future should this sewer line need repairs. s MEMORANDUM TO THE HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO FROM: TIMOTHY ROONEY ' COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: BUILDING PERMIT ISSUED AT 7913 N. 128TH EAST AVENUE ' DATE: December 14, 1994 BACKGROUND: It has recently come to the attention of both the Community Development and Public Works r^ Departments that a residential dwelling in the final stages of construction in the Double Oaks III addition is partially located over a sewer line. The dwelling is located at 7913 N. 128th East Avenue, and the building permit for said dwelling was issued on October 5, 1994. The approved building permit application, along with the required site plan, is attached for your information and review. The site plan submitted by ' Hamilton Homes, however, fails to show the additional platted utility easement in which the sewer line for the homes on the southern end of Block 1 is located. An 8 1/2 x 11 copy of the Double Oaks III plat, along with the utility easement in question highlighted, is also attached for ' your information and review. When the Community Development staff receives a building permit, in addition to verifying that ' a proposed structure meets all BOCA codes, it is also a requirement to "double check" the site plan submitted to ensure it identifies all platted easements on the property. Evidently, the site plan submitted by the builder was not "double checked" for accuracy and the building permit ' was approved by the department's building inspector. The subsequent footing inspection also did not show this violation. The City, therefore, now is in a position where a residential dwelling is in its final stages of construction and a portion of it (the northern and eastern most four feet of the dwelling) is ' located over a city sewer line. If the city would need to perform a major repair to the existing line, it is possible that a portion of the home could be damaged. The dwelling is currently not under a contract for purchase as it is a spec home, and the builder is aware of this concern. Staff feels that it is important that the Owasso City Council understand that this is the result of both builder and staff error and any future owners should be aware that possible problems could arise in the future should this sewer line need repairs. s RECOMMENDATION: Staff is requesting that the minutes of the December 20, 1994 Owasso City Council meeting reflect the notation of staffs identification of the described problem and record of notification to future owners. ATTACHMENTS: 1. Building permit # 94- 1006 -D 2. Site plan of building permit # 94- 1006 -D 3. Double Oaks III plat. ZONING CLEARANCE PERMIT AND /OR bUILDING PERMIT CITY OF OWASSO _ ZONING CLEARANCE PERMIT a BUILDING PERMIT OV ER T Hamilton LOT 3 BLOC( irony z 1 0 CONTRACTOR Q d Hamilton Homes W W U N AC ZESS Q SECTION TW P. 617 W. Cehnault 29 21N Checotah, Ok. 74426 473 -6116 PROPOSED USE Single Family Dwelling IMPORTANTt Plea so attach a dra.sing of the proposed Plo Plan —d indicate the location and direction of all buildings on lot; indicat< type construction and use of each 6uilding. STREET ADDRESS 7913 N. 128th E. Ave. DATE 10 -5 -94 [No. 94- 1006 -D DoubADDITION - FEE RECEIPT NO. le Oaks III VALUATION RANGE ZONING lEj Tulsa CO. w BUILDING 135.00 W LL TOTAL $ �j PRINCIPAL BUILDING OR USE n ACCESSORY BUILDING OR USE c DISTRICT SUP. DIST. eoARD OF ADJUSTMENT - NO. USE UNIT NUMBER USE BY © INTERPRETATIONS RIGHT SPECIAL a EXCEPTION ZI IING DISTRICT RS -3 1 VARIANCE FRONTAGE AVERAGE DEPTH LOT AREA LAND AREA LAND AREA PER O.U. PARKING SPACES LOADING BERTHS L07 11 :)RMATION 1 69 140 U CONDITIONS ESTIMATED COST OF BUILDING s 81,640 FRONT (FROM CENTER LINE STREET) SIDE IDE REAR FROM CENTER LINE MAJOR STREET LIVABILITY SPACE uBACKE 0' 611 to CL 128 '�"— 61 164: S WIDTH LENGTH HEIGHT FLOOR AREA NO. FLOORS BUILDING AREA O O 482" 536" 14' 2041 1 2544 NO. DWELLING UNITS FLOOR EXT. WALLS INT. WALLS ROOF CEILING i Q ° 1 C6ncrete Mason /Siding 1 COMP Drywall C3 O TYPE CONSTRUCTION EASEMENTS OTHER RESTRICTIONS Z Wood /Frame 15' U/E (East), 17.5 (East), 1 0 GRDA Esmt. (East) INTERIOR TO BED NEERK a BU DING EXISTING BLDG. EXPANSIONO REMODELING OCCUPAN ACCESSORY L' WING OFFICER APPLICANT'S SIGNATURE INSPECT INSPECTION RECORD DATE INSPECTOR COMMENT SPECIAL FEATURES REQUIRED F, INDATIONS Any inspections cared in after noon may FRAMING be inspected on the following work day. Water, street or alley grades, as well FI..AL as depth and location of public sewers, C T. 'OF OCCUPANCY may be obtained frcrn the OPWA. UIJI KIbU I IUN— Wr111t -Yost on Job DLUt-AppitcOnT UKttN• Number Y lle PINK - Assessor CANARY- Inspection Record File ADDRESS MUST BE POSTED NEXT TO THE CURB AND ALSO ON THE TEMPORARY POLE ELECTRICAL CONTRACTOR PLUMBING CONTRACTOR MECHANICAL CONTRACTOR Taylor Electric T & S Plumbing Liqhtner H & A A r� l.�l. oo, A Y rA - -� - -- c ' I 1 I - n r� l.�l. oo, A Y rA - -� - -- c ' I 1 -c\ ■ In im DATE FILED AUG. 10, 1993 IR • •. roU41 Y ,: c•?rn 9 AUG 10 AM 10 JOA4 HAS IINGS IULSA COLNIY CLERK 4941 PLAT NO. 4941 DOUBLE OAKS III AN ADDITION TO THE CITY OF OWASSO. OKLAHOMA, BEING A PART OF THE E1 /2, SECTION 29, T21N, R14E, TULSA COUNTY, OKLAHOMA X34 \y�'f '.v.Tj1� 20 4R �� 23.1 24�.,n n, 12`Y�'18. -� ly �_ T »I Cle '47. � . ,1 / ,S t I `1v , 9f n• ea- \"� - ,� 3-5 �• sr�jl 18 't {t. usS saoo' 70W 76. o0• uar A 'W ' 3001 1 ` "♦ �\ of �7 a` 5/: & r ,p, ^` 7b 170�q�1 .� C, 80th PLACE N k ;woo I i I. ..`'11h( 4i �jy..6 �P51 C,1 4 r ,. _ + +e lr__ 50' ° l9ei1 1 t " °%r , j9 a eit 8 1 10 1 I It W 1 \ \\ 16 9Aj.,:Mb *'�\ $ 7r eitl I +e•u,r Ie S W9 8 0 7 I 6 PG w ov_ LIB \�i y ♦ \\ ef( 37a d ;o\Y� L °'tJ $ I T Q / � / \ 9�2 +4j� 2p� � 10 \49.95' -70.19' '• ut ?$ \y j} 9 ,fid1 `a-et. • se.2S -y, e 5 \ \ \\ \ : �\'rw n ).r ,moo• N I l I. ♦ ♦\ / \\\ 'E \\ \Tv' $ I 311 �g 12 e >� 's I- ,m.00'� 81"/j I 1 I i8 CURVE DATA TABLE LopM Rad4. O�'te ♦� \ !'o ♦ 11 4 :, 2 9398' 113.00' tJW'IS" 8 I 12moo' I 1 C CO No I / / �� y7, ♦ ` Imo. z c �✓ 4 T c \ \�\ i riA o N C2 �---, 75.00 w� ter— 102.37' ,�- 4. r.x •r w 4655.15" C4 61.42' A5 EAST 82nd STREET NORTH \ �i�sS9 fA 608.66' Due East A 39.50' "'• ^8 $ 8 L��V>. « ."tif�, g- 1 1 I� 4.4551" O� 30: 29 8 28 R - 27 ,. 26 «_ 25 ° S ^ 14 5099'13" L! ;� 31,139'- S2 65.65' '.00' 1;- +r. uT C71 - �K ru I$ 3078$1" �� °A —T.U•— 72.m� 7300•— 7100'- 99.97" 71' 1 I O1 le 50.00' X33 ,dei -1 - 75.2C- _,0.00'_- u [ 70.00' - - - - -� e° O J7.1r 1 1 X34 \y�'f '.v.Tj1� 20 4R �� 23.1 24�.,n n, 12`Y�'18. -� ly �_ T »I Cle '47. � . ,1 / ,S t I `1v , 9f n• ea- \"� - ,� 3-5 �• sr�jl 18 't {t. usS saoo' 70W 76. o0• uar A 'W ' 3001 1 ` "♦ �\ of �7 a` 5/: & r ,p, ^` 7b 170�q�1 .� C, 80th PLACE N k ;woo I i I. ..`'11h( 4i �jy..6 �P51 C,1 4 r ,. _ + +e lr__ 50' ° l9ei1 1 t " °%r , j9 a eit 8 1 10 1 I It W 1 \ \\ 16 9Aj.,:Mb *'�\ $ 7r eitl I +e•u,r Ie S W9 8 0 7 I 6 PG w ov_ LIB \�i y ♦ \\ ef( 37a d ;o\Y� L °'tJ $ I T Q / � / \ 9�2 +4j� 2p� � 10 \49.95' -70.19' '• ut ?$ \y j} 9 ,fid1 `a-et. • se.2S -y, e 5 \ \ \\ \ : �\'rw n ).r ,moo• N I l I. ♦ ♦\ / \\\ 'E \\ \Tv' $ I 311 �g 12 e >� 's I- ,m.00'� 81"/j I 1 I i8 CURVE DATA TABLE LopM Rad4. O�'te ♦� \ !'o ♦ 11 4 :, 2 9398' 113.00' tJW'IS" 8 I 12moo' I 1 C CO No I / / �� y7, ♦ ` Imo. 5 1 1 I a c �✓ 4 T c \ \�\ i riA o N C2 56. J9 75.00 4J V4 IS CJ 102.37' 115.00' 4655.15" C4 61.42' 75.00' 46-55'15" C5 4366' 515.00' 475'51" C6 39.50' 475.00' 47551" C7 J9.50' 475.00' 4.4551" Cd 43.66' 515.00' 44551" C9 109.41' 72'.00' 5099'13" CIO 65.65' '.00' 1;- 50,09'77' C71 190.0r 35341' 3078$1" C11 18196' 30141' 35,07'11" C71 1754J' 50.00' 20f V?' -8' C14 4178' 2100' 10070'45" 10 ti 47 I / / �� y7, ♦ ` Imo. 5 1 1 I a �✓ 4 T c \ \�\ i riA o N 8 71! I8 a I 4 ICI I' Tulsa, OK 74146 / ,�� 1A� \ ` k \\\� ,, 827.. > IM 001 °•3'�I W =_ 918/254 -4689 95• 94 _ss 50 8 18. \ \a MOO 8 it \ / \ ♦ \ =o �/q y � :1 2 11 le t LV 0' 100' 200'-- -300. \ . / / �p -22 - scale 1" -100' •\ .`Jr� ♦ \" 4�1�11Y o ♦� ' �g � 1 �I I, OWNER R 14 E \ \ ♦x / �`" iry i' 2 ENGINEER DOUBLE OAKS, INC. EAST e61n s7rsEEr Nor:7N P.O. Box 7 Owasso, OK 74055 918/272 -1263 W i 0 3 V 0 m .r 9 9 ( I I \ r• L.N.A. - IYnH. of No Acc.at y i ocATION MAP AM - Acu9e ` 1 ��• I;I 3 19.68 Acres ,± 63 Lots I \ SE Co. 5°a 21 THE PLAT BOOK OF TULSA COUNTY - COPYRIGHT 1993- ROY MALERNEE. CITY MAP SERVICE. INC. TULSA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. P.a.IL WILLIAM E. LEWIS, P.E. \♦ / / �� y7, ♦ ` Imo. 5879 S. Garnett Tulsa, OK 74146 \ / +� °♦ ,,',: \ W =_ 918/254 -4689 � 1 � \ / i ' \♦ I X44. LEGEND RA - 9'"" L", U/E - LNIH7 Eo..m.nt P 9 B - Pool r B• 1 1 y f V 0 m .r 9 9 ( I I \ r• L.N.A. - IYnH. of No Acc.at y i ocATION MAP AM - Acu9e ` 1 ��• I;I 3 19.68 Acres ,± 63 Lots I \ SE Co. 5°a 21 THE PLAT BOOK OF TULSA COUNTY - COPYRIGHT 1993- ROY MALERNEE. CITY MAP SERVICE. INC. TULSA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. P.a.IL TO: RODNEY J. RAY CITY MANAGER FROM: RON EASTERLING ENGINEERING TECHNICIAN SUBJECT: ACCEPTANCE OF WATER AND SANITARY SEWER LINES AT BAILEY RANCH ESTATES (PHASE n DATE: December 14, 1994 BACKGROUND: The water lines were inspected by city staff during construction and appropriate testing has been conducted. After completion of the streets, a final inspection of water lines will require adjusting the fire hydrants and valve boxes to finish grade. The on -site sanitary sewer lines also were inspected by staff, along with monitoring the contractor pulling the mandrel through all the 8" lines. After completion of the streets it may be necessary to adjust manhole rings to finish grade. Construction of the off -site gravity sewer system to the lift station at El Rio Vista will provide service to a small section of Bailey Ranch Estates. The developer intends to initially sell 10 lots for model home construction. Service to these lots can be provided with the portion of the system presently in- place. Off -site sanitary sewer has not been constructed from the El Rio Vista lift station to the Ranch Creek lift station. Construction of both the water and the sanitary sewer lines, materials used, and testing has met and /or exceeded the design standards of the City of Owasso. The Department of Environmental Quality has reviewed and approved both water and sanitary sewer on October 18, 1994. Copies of permits No. WL000072941806 (water line) No. SL000072941809 (sanitary sewer) were filed November 10, 1994 with the Public Works Dept. As of December 16, 1994, maintenance bonds for the water and sanitary sewer system, performance bonds for drainage and remaining sanitary sewer are to be provided but have not been received. A maintenance and performance bond for the streets are in file with the Public Works Department. [sill uM1 k, " I N no) The staff recommends Council acceptance of the on -site water and sewer and a portion of the off - site sanitary sewer system from Bailey Ranch Estates to the El Rio Vista lift station to serve Bailey Ranch Estates (Phase I). WIFASH1,751DI �. 1. Memorandum dated December 15, 1994, from City of Owasso Project Inspector. 2. Performance and Maintenance bonds for streets. 191 • ' 1 TO: RON EASTERLING, ROBERT CARR FROM: SHERYL DUGGAN, PROJECT INSPECTOR SUBJECT: BAILEY RANCH ESTATES DATE: DECE BER .15, 1994 As of the above date the water system has passed pressure test and bacteriological test. The mandrel test on the on site sewer and from manhole 21 back to manhole 16 off site has passed. The remainder of the off site sewer from El Rio Vista to the Ranch Creek lift station has not been constructed at this time. The manholes have been inspected and a punch list has been given to the contractor. The storm sewer system has not been completed at this time. The ditches at the west side of the addition are blocked and will not let water flow north. Please check to see if DEQ approval has been received on Bailey Ranch Estates. Please check to be if the developer has turned in maintenance bonds and see if they are in order. The developer wishes to be able to sell ten lots and have permits issued for these lots for model homes. Test results attached. Any correspondence in relation to this bond anould be directed to: FOND DEPT WAUSAU INSURANCE COMPANIES PO BOX 8017 WAUSAU WI 54402 -8017 1.,300-435-4401 Bond No. 0751 -05- 020850 �WAUSAU Wausau Insurance Companies Performance Bond KNOW ALL MEN BY THESE PRESENTS: That ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN, INC (Hcm msert full name UW wddreu or legal We of Contr%ctor) 1601 E. HOUSTON BROKEN ARROW, OK 74012 -4407 as Principal, hereinafter called Contractor, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, as Surety, hereinafter called Surety, are held and firmly bound unto BAILEY RANCH ESTATES, L.L.C. P.O. BOX 35288, TULSA, OKLAHOMA 74153 (Here insert full name and ddren or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of THREE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED NINETY SIX AND 67/100 Dollars($ 354,196.67), for the payment whereof Contractor and Surety bind themselves, their heirs, execut ors, administrators, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated NOVEMBER 4 19 94 entered into a contract with Owner for ASPHALT PAVING TO SERVE BAILEY RANCH ESTATES (Hers invert full name. ddroa and deacripaon of project) in accordance with Drawings and Specifications prepared by TUTTLE & ASSOCIATES INC. 5460 SOUTH GARNETT ROAD, SUITE M, TULSA, OK 7414! (Here insert full name, addreaa and description of Atcaitect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect- The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contacts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price,' as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due or before the expiration of one (1) year from the Date of Substantial Completion of the Project, whichever is later. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named hereir. or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 23RD day of NOVE IGER , 19 94 -- A DIVISION OF TULSA DYNASPAN INC. wimeaa By / David G. Markle r' President :MARY L. S DERS, SC0033 08 -93 EMPLQY�RS INSUJ.ANCE OF WAUSAU A Mutuel Company (sea) By . E. SALVAT , AQ°rnry -m a� Any correspondence in relation to this bond should be directed to: BOND DEPT WAUSAU INSURANCE COMPANIES Po Box 8017 WAUSAU WI 54402 -8017 1-800-435-4401 Bond No. 0751-05-020850 1 E+ r KSURANCB GROCY Wausau Insurance Companies Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: That, ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN, INC. 1601 E. HOUSTON, BROKEN ARROW, OK 74012 -4407 , as Principal. and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized under the laws of the State of Wisconsin and authorized to do a surety business in the State of OKLAHOMA , as Surety, are held and firmly bound unto the CITY OF OWASSO, OKLAHOMA in the sum of THREE HUNDRED FIFTY FOUR THDUSAM ONE HONORED NINETY SIX AND 67/100 Dollars ($ 354,196.67 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this NOVEMBER 23, 1994 WHEREAS, on the NOVEMBER 4, 1994 , the said ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN, INC. as contractor, entered into a contract km WITH BAILEY RANCH ESTATES, L. L. C. FOR THE PROJECT ASPHALT PAVING TO SERVE BAILEY RANCH ESTATES for the sum of THREE HUl`IDRED FIFTY FOUR THOUSAND ONE HLMRED NI= SIX AND 67 /100 ($ 354,196.67 ); and. WHEREAS, under the terms of the specifications for said work, the said ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN, INC. is required to give abond for THREE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED NINETY SIX AND 67/100 - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - ($ 354,196.67 ),to protect the CITY OF OWASSO, OKLAHOMA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. namely, until ONE YEAR FROM ACCEPTANCE OF SAID PROJECT. NOW, THEREFORE, if the said ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN, INC. shall for a period of one year from and after the date of the completion and acceptance of same by said ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN , INC. replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the a!:�Ove obligation to be void; otherwise to remain in full force and effect. ARROW CONCRETE COMPANY, A DIVISION OF TULSA DYNASPAN, INC. Princr* (SCAD By k`"(' David 'G. Markle r01` President EMPLOYERS INSURANCE OF WAUSAU A Mutual Company !Sail r M:E S VA SCO020 11 -93 At the time the agenda was assembled, background information on this item was not available. 1 1 n 1 ►� I u � :: ►I 1 lu I TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO I FROM: RODNEY J RAY CITY MANAGER ■ SUBJECT: CITY MANAGER'S REPORT IDATE: December 16, 1994 COMMUNITY DEVELOPMENT: BOARD OF ADJUSTMENT - The Owasso Board of Adjustment will hold a special meeting on Monday, January 9, 1995 at 7:00 p.m. in the Owasso Community Center. The Board will consider the following request: OBOA -95 -01 - A request for a Special Exception to allow a firearms business as a home occupation in the Bailey Ranch Estates addition. The regular meeting of the Owasso Board of Adjustment scheduled for December 27, 1994, has been rescheduled to the January 9, 1995 date in order to obtain a quorum. PLANNING COMMISSION - The Owasso Planning Commission held its regular meeting on December 13, 1994 at 7:00 p.m. in the Owasso Community Center. The following items were unanimously approved at that meeting: PR Preliminary Plat- Southern Links - The first residential portion of Bailey Golf Ranch to be developed. This initial portion is located south of East 86th Street North, and will contain approximately 174 lots on a 71 -acre tract of land. This plat is likely to be split into three separate final plats, the first phase of which will be reviewed by the Planning Commission in January. a ' CITY MANAGER'S REPORT December 16, 1994 ' Page 2 Preliminary Plat - Bailey Ranch Estates II - The second residential portion of the Bailey Ranch Estates PUD to be developed. Bailey Ranch Estates II is located directly east of Bailey Ranch Estates, and 1/4 mile north of the northeast corner of East 96th Street North and Garnett Road. Bailey Ranch Estates H will contain 135 lots on 40.75 acres. Final Plat- Caudle Estates - Caudle Estates is a 20 -lot residential addition to be located at the N southwest corner of East 96th Street North and Garnett Road. The final plat of Caudle Estates will not be presented to the Owasso City Council until all construction plans have been approved. Lot Split -Mark Enterline - A lot split requested by Owasso Properties One Inc was also ' approved. The subject property is directly east of Robert Long's Office, immediately west of the Owasso Food Lion property. Items on the January Planning Commission Agenda will include: * A final plat for a portion of Southern Links * A preliminary plat for The Fairways at Bailey Ranch (northern residential portion of the Bailey Golf Ranch) * A lot split request for property immediately north of Mazzio's in order for the development of a Quik Lube business. * A final plat and site plan for the planned Wendy's restaurant (SE corner of East 76th Street North and the Owasso Expressway. ' INSPECTIONS - In an effort to improve relations /communications with the Owasso building community, the Community Development staff recently developed an informational newsletter. Included within the correspondence, were several common code oversights requiring attention form the builders /contractors. Also included were informational items regarding reinspection fees and a request for input on the possibility of developing a quarterly publication. The letter ' is attached for your information and review. POLICE SERVICES: CHIEF'S COUNCIL -The first meeting of a newly formed committee identified as "Chief's Council" was held on December 8th. The Council is comprised of twenty persons from the Owasso community who were selected to represent "customers" within the city. The goal of this CITY MANAGER'S REPORT December 16, 1994 Page 3 Council is to discuss and provide input toward improvement of law enforcement operations in the Owasso area. The first meeting was highly successful, and Chief Alexander is looking forward to this committee's input. HOLIDAY ACTIVITIES - The Owasso Police Department has adopted a local family for the holiday season. Officers and employees have been busy buying gifts and food for this family. Several officers will take gifts to the family before Christmas. E STREETS: ' SANDING - The Public Works Department is prepared for ice conditions should the weather turn bad. Crews have stockpiled sand for winter use and installed the plow and sanding equipment on the dump truck. Sanding routes have been developed and prioritized. Maps ' showing the routes are in the sanding vehicle. Individuals assigned to the sanding crew have been assigned to minimize the response time. In addition, provisions are being made for facilities that will enable some personnel to be in a ready status on the job when inclement ' weather is forecast. Cots, radio, cooking, and small recreational equipment are being assembled that will allow the department to have personnel available during late night hours or at time of prolonged inclement weather. Contact Mr Carr for more information. 76TH STREET AND HIGHWAY 169 SIGNALIZATION - Final inspection of the signalization project has been performed by ODOT. The Public Works Department staff was present during ' the inspection, and items of interest to the City were presented. Since the inspection, adjustment to signalization timing have been made and a new controller installed which will minimize the intervals between changes and reduce the stacking of cars on 76th Street during peak traffic flow. It appears that the changes that have been made have helped ease traffic problems. For additional information, contact Mr Carr. im PARK MAINTENANCE: ELM CREEK PARK CURBING - The installation of curbing along the south entrance to the Elm Creek Park parking area has begun. Landco Construction and the Park Maintenance staff are working jointly on the completion of this project. 0 ATTACHMENTS 1. Community Development Department Newsletter 2. Memorandum from Chief Allen re: Chiefs Council 3. Department Mission Statements 4. Sales Tax Reports 207 South Cedar PO -Box 180 Owasso, OK 74055 City of Owasso (918) 272 -2251 FAX (918) 272 -4999 The Owasso Community Development Department would like to wish you and yours a great holiday season. It has been a very good year for residential construction in our community. We are anticipating strong future growth and hope your businesses are prospering. Your investments have helped us as we strive to make Owasso a beautiful and proud community. By working together, our successes will continue. Recently, we have noticed a few items that need to be addressed by the builders and forwarded to their contractors. Improving their knowledge of these items will help expedite the final inspection process. Again, we appreciate your help and look forward to working with you in the years to come. Item #1 Water heater closets in areas where flammable vapors could be present must ' be either 18" off of the main floor or behind sealed doors (including a threshold). If a water heater closet is upstairs, the tank must have a catch pan underneath. ' Item #2 All gas furnaces and water heaters must have combustion air from the attic or another source outside of the living or garage area (no louvered doors). ' Item #3 Electrical receptacles must be installed to serve each kitchen wall counter space longer than 12 ". No point along the wall shall be more than 24" ' measured horizontally from an outlet to that space. Kitchen islands or peninsular counters with a long dimension of 24" or greater and a short dimension of 12" or greater shall have an electrical receptacle (no point along ' the centerline of the long dimension can be more than 24 ", measured horizontally from a receptacle outlet in that space). Item #4 Ground fault interrupting circuits must be installed for receptacles serving kitchen counter tops within 6' of a sink (this includes island receptacles within 6' of a sink). Bathrooms shall have at least one GFCI protected receptacle outlet installed ADJACENT to EACH basin location (a double sink counter requires either; one receptacle per sink or one receptacle in the center). 17 Item #5 Water heaters that depend on the combustion of fuel shall NOT be installed in sleeping rooms, bathrooms, clothes closets, or in closets or unfinished spaces opening into bathrooms or bedrooms. Direct vent type are excluded. SEE ATTACHMENT Item #6 Bonus rooms or unfinished rooms which have been decked and framed as a habitable living area shall have all electrical circuits and outlets, HVAC equipment, and plumbing (less fixtures) installed. Item #7 Please, no fires on the jobsite. (City ordinance prohibits these!) Management has been reviewing the possibility of reinstating and possibly increasing the charges for reinspection in the future. Please help us avoid this by checking to be certain that all items called -in for inspection are completed to code requirements. This would be a benefit to all of us. ' We have been considering the implementation of a quarterly newsletter for the purpose of expanding the working relationship between our staff and you as builders involved in our community. We would like your input and ideas for such a product. Possibilities for inclusion are such items as (1) number of permits issued, (2) reports of subdivision developments, (3) code updates, and (4) occupancy permit lists. Again, we want to thank all of you for your cooperation and we look forward to a continued partnership in making our community better place to work and live. Owasso Community Development Department I I I I I I ft M- 1604.2.5 Direct vent appliances: Termination clearances to combustibles for vents serving direct vent appliances are not especially important since exhaust gas temperatures are very low. Vent terminals of direct /ent appliances with inputs of 50;000 Btu/h or less must be located at least 9- inches from any opening through which vent gases could enter a building. Direct vent appliances with inputs greater than 50,000 Btu/h must have vent terminals located at least 12- inches from any air inlet opening. These clearances are designed to prevent :oxic fumes from entering nearby air inlets. See Figure No. 1604.2.5 for an illustration of direct vent termina- Jon. mii� Inner Channel of System carries excess products of combustion from inside water heater, expels them to outside air. 1 Outer Channel of System takes in air from the outside to fuel the combustion process. Vent Cap Assembly Finishing Plate for clean, sttracuve appearance after rent opening is made in wall. Figure No. 1604.2.5 DIRECT VENT TERMINATION P� a r 1 1 MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: M.A. ALEXANDER�� CHIEF OF POLICE SUBJECT: CHIEF'S COUNSEL DATE: December 13, 1994 BACKGROUND: On December 8th, fourteen members of a nineteen member, "Chief's Council" met for 1 1/2 hours at the community center. After introductions and past year review, the participants broke into small groups and listed independently the areas of concern relative to law enforcement within the Owasso Community. Excellent exchange of information and education took place. The session was so successful, that although this council was scheduled to meet only once a quarter, many issues of importance were brought up and the council wanted to continue the momentum which was created. The next meeting was scheduled for January 12th at 7:00 pm. I am looking forward to great things from this committee. I will keep you apprised. 2 ' DEPARTMENT MISSION STATEMENTS Community Development TO PROVIDE THE CITIZENS OF THE COMMUNITY WITH: Courteous, Timely, and ' Professional Assistance, A Comprehensive Approach for Guiding Growth and Commerce, The Safe, Compliant Construction of the Built Environment, and The Improvement of the ' Quality of Life with Continuous Code Enforcement. Court To administer and render equal justice to those accused of violating the laws and ordinances of the community. Finance It shall be the mission of the Department of Finance to provide accurate and reliable financial information to the city council, the city manager, and the citizens of Owasso; and to assure compliance with financial policies and regulations. Fire "COMMITTED TO EXCELLENCE" thru "PRIDE AND DETERMINATION" - The Owasso Fire Department is committed to the preservation of life and property. We will be responsive to the needs of our citizens by providing rapid, professional, humanitarian ' services essential to the health, safety, and well being of the community. We will accomplish our mission through prevention, public education, fire suppression, emergency medical services, and training. Vehicle Maintenance Facility To support the City's operational services by providing our customers with quality repair and ' maintenance service in a timely and professional manner. Police To equitably enforce all laws and to protect the lives and property of Owasso citizens through rapid response and community education. Public Works To provide efficient, cost- effective service to the citizens and businesses of Owasso in the areas of engineering, streets and drainage, refuse collection, recycling, wastewater collection, wastewater treatment, water distribution, and cemetery operations by using proper planning, coordination and scheduling of projects. � 3 360,000- 340,000- 320,000- 300,000- 280,000- 260,000- OAn 000 Jul City of Owasso Monthly Sales Tax Comparisons Aug Sep Oct Nov Dec J 'an F e*b Mar Apr May Jun Year-to-Date Sales Tax Totals Actual ...... Budgeted Last Year Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total City of Owasso Sales Tax Report Budget to Actual Comparison December 13, 1994 Actual Collections Amount Percent Needed to Meet Budget Over (Under) Projection Amount Percent Amount Percent $301,692.06 8.28% $300,712.50 8.25% $979.56 0.33% 292,779.43 8.03% 306,180.00 8.40% (13,400.57) -4.38% 324,228.25 8.90% 322,582.50 8.85% 1,645.75 0.51% 295,730.32 8.11% 313,470.00 8.60% (17,739.68) - 5.66% 267,872.41 7.35% 293,422.50 8.05% (25,550.09) -8.71% 304,226.02 8.35% 304,357.50 8.35% (131.48) -0.04% $1,786,528.49 49.01% $1,840,725.00 50.50% ($54,196.51) -2.94% Note: 1994 -95 Sales tax budget is $3,645,000 City of Owasso Sales Tax Report Two Year Comparison December 13, 1994 FY 1994 -95 FY 1993 -94 Percent Month Amount of Budget Jul 301,692.06 8.28% Aug 292,779.43 8.03% Sep 324,228.25 8.90% Oct 295,730.32 8.11% Nov 267,872.41 7.35% Dec 304,226.02 8.35% FY 1993 -94 Increase or (Decrease) Percent Amount of Actual Amount Percent 271,679.74 8.09% 30,012.32 11.05% 278,089.83 8.28% 14,689.60 5.28% 302,455.67 9.00% 21,772.58 7.20% 294,492.60 8.77% 1,237.72 0.42% 266,960.75 7.95% 911.66 0.34% 272,932.89 8.12% 31,293.13 11.47% Total $1,786,528.49 49.01% $1,686,611.48 Note: 1994 -95 Sales tax budget is $3,645,000 50.20% $99,917.01 5.92%