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Home My WebLink About1994.11.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: November 1, 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, October 28, 1994. ".1 I-A Mar ci Boutwell, City Clerk AGENDA 1. Call to Order 2. Invocation Pastor Glen Liston Owasso First Christian Church 3. Flag Salute 4. Roll Call 5. Request Approval of the Minutes of October 18, 1994 Regular Meeting and October 25, 1994 Special Meeting. Attachment #5 Owasso City Council November 1, 1994 Page 2 6. Request Approval of Claims. Attachment #6 1 7. Consideration and Appropriate Action Relating to a Request for Approval of an Agreement ' Between Tulsa Junior College and the City of Owasso Providing for Security Services from , Off -Duty Owasso Police Officers. Mr Ray Attachment #8 ' Staff will recommend approval of the above - referenced agreement and that the Mayor be authorized to execute such agreement. A 8. Consideration and Appropriate Action Relating to Ordinance #492, an Ordinance Providing for the Rezoning of a 3.13 Acre Tract of Land Located Directly North of the Owasso Fire Station. Mr Rooney Attachment #8 Staff will recommend approval of Ordinance #492 based on previous Council action of October 18, 1994 approving such zoning. Owasso City Council November 1, 1994 Page 3 9. Consideration and Appropriate Action Relating to a Lease Agreement Between SK &O Railroad and the City of Owasso Providing for the Lease of Approximately 5000 Square Feet of Office Space to the City for Sublease to the Whirlpool Corporation as Temporary Office Space. Mr Ray Attachment #9 ' Staff will recommend Council approval of a lease from SK &O Railroad, Owasso, Oklahoma, for a total compensation of ten dollars for the one year term of the agreement. I 10. Consideration and Appropriate Action Relating to a Lease Agreement Between the Whirlpool Corporation and the City of Owasso Providing for the Lease of Approximately 5000 Square Feet of Office Space to the Whirlpool Corporation for Use as Temporary Office Space. Mr Ray Attachment #10 R Staff will recommend Council approval of a lease agreement with Whirlpool, Benton Harbor, Mich, for a total compensation of ten dollars for the one year term of the agreement. 11. Consideration and Appropriate Action Relating to a Request for Council Approval of an "Early Payoff' of a Community Development Block Grant (CDBG -ED) Loan to Woods Precision Products. Mr Ray Attachment #11 Staff has reviewed the request and will recommend Council approval of the early payoff of CDBG -Ed loan #4626. a Owasso City Council November 1, 1994 Page 4 12. Report from City Manager 13. Report from City Attorney 14. Reports from City Councilors 15. Unfinished Business 16 New Business 17. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 18, 1994 The Owasso City Council met in regular session on Tuesday, October 18, 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, October 14, 1994. MM-1 - CALL TO ORDER Mayor Duke called the meeting to order at 7:02 p.m. ITEM 2: INVOCATION The invocation was given by Pastor Buzz Walker, of the Owasso Church of the Nazarene. ITEM 3: FLAG SALUTE The flag salute was led by Mayor Duke. ITEM 4: ROLL CALL i 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 OCTOBER 4 1994 REGULAR MEETING ' Mr Burris moved, seconded by Mr Ramey, to approve the minutes as submitted, by reference made a part hereto. AYE: Burris, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5 -0. Owasso City Council October 18, 1994 ITEM 6: REQUEST APPROVAL OF THE CLAIMS. Following questions and discussion, Mr Burris moved, seconded by Mayor Duke, that the ■ following claims be approved: (1) General Fund $26,621.86 (2) Ambulance Service Fund $327.34; (3) City Garage $1,211.25; (4) Capital Improvements $225.00; (5) Revenue Bond , Project Fund $625.00; (6) Interfund Transfers $3,081.78; (7) General Fund Payroll $98,672.89; (8) City Garage Payroll $594.81. AYE: Burris, Duke, Barnhouse, Ewing, Ramey ' NAY: None Motion carried 5 -0. ITEM 7: READING OF MAYOR'S PROCLAMATION. Mayor Duke read and presented a proclamation to the Owasso high school girls softball team and coaches, in recognition of their achievement of qualifying for the state tournament. Mayor Duke read a proclamation, which was presented by Councilor Barnhouse, proclaiming the week of October 16 -22 as National Business and Professional Women's Week in Owasso. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR CONSTRUCTING AN ORNAMENTAL IRON FENCE AND GATES AND THE MUNICIPAL CEMETERY. On September 6, 1994, the Council authorized the solicitation of bids for the construction of an ornamental iron fence and gates along the south property line of the cemetery. Six bids were received, and staff recommended that the low bidder be awarded the contract. Funding for the project is contained in the budget. Mr Burris moved to award a contract in the amount of $14,700 to Mitchell Fence Company of Tulsa for the installation of ornamental fencing at Fairview Cemetery as per bid specifications. Motion seconded by Mr Ramey. AYE: Burris, Ramey, Barnhouse, Ewing, Duke NAY: None Motion carried 5 -0. 2 Owasso City Council October 18, 1994 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT FOR AMBULANCE BILLING SERVICES In October of 1993, after the City Council recommended third -party billing to those ambulance subscribers who have insurance coverage for ambulance service, the finance department began the process of completing and filing claim forms with insurance companies. Because of all that was involved, the staff was unable to provide the time or expertise to improve collections. Options considered were to train the current staff, hire staff with medical billing expertise, or contract with a billing service. A request for proposals was developed and submitted to several ' companies that provide billing services. Proposals were received from Mediclaims Inc of Ponca City and Life -Stat Ambulance Service of Broken Arrow. A comprehensive review revealed that Mediclaims would most nearly fill the needs of the City of Owasso. They are a medical insurance administrative service, with a high percentage of collections. Their fee would be 10 % of collections, not to exceed $1550 per month. Mr Burris moved, seconded by Mr Ewing, to approve a contract with Mediclaims Inc to provide ambulance billing administrative services to the City of Owasso. AYE: Burris, Ewing, Barnhouse, Ramey, Duke NAY: None Motion carried 5 -0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF ir IMPROVEMENTS TO THE INTERSECTION OF 96TH STREET NORTH AND GARNETT ROAD A bid opening was held on August 12, 1994 for the 96th Street and Garnett signalization project. No bids were received, and an addendum was issued extending the bid opening two weeks. Another bid opening was held on August 26, 1994, and again no bids were received. Later that same day one of the qualified bidders submitted a sealed bid. The bid document was reviewed and everything was in place, however, the bid was considered too high. Staff felt that the bidder most likely did not understand the requirements of the bid. Under state statutes, if the project is under $50,000 and no timely bids received, negotiation proceedings can take place if both parties are in agreement. Staff set up a meeting and negotiated a price that would provide a complete signalization system containing used steel poles with mast arms and used signals, used luminaries, one used 8 -phase solid state controller, and new wires, conduits, and other appurtenances, for a lump sum of $38,600. The contractor agreed to install all new equipment s for a lump sum of $48,600. An agreement was also made to extend the project calendar days from 30 to 90 because it isn't known when the County will begin their portion of the project. The Council held a lengthy discussion of the project. Ms Terri Houdyshell, who lives in the 3 Owasso City Council October 18, 1994 1 area near the intersection in question, expressed favor for the project. Mr Ramey moved to award a contract to Bee -Line Traffic Control in the amount of $38,600 for the improvements ' to the intersection of 96th Street North and Garnett Road, utilizing used equipment; to extend the time frame for the project to 90 days; and to appropriate the additional funds necessary from the Capital Improvements Fund residential overlay appropriation. Motion seconded by Mr ' Burris. AYE: Ramey, Burris, Barnhouse, Ewing, Duke I NAY: None Motion carried 5 -0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE APPROVAL OF PLANS AND SPECIFICATIONS. AND FOR THE SOLICITATION OF BIDS FOR THE CONSTRUCTION OF FENCING FOR A SOFTBALL "FOUR -PLEX" LOCATED AT THE OWASSO SPORTS PARK. The contract documents and bid specifications for the fencing of four softball fields at the Owasso Sports Park have been completed. Mr Munn discussed the plans and specifications. Members of the girls softball association were present and asked about the possibility of restroom facilities being constructed. Restroom facilities are not a part of this phase of construction, however, Mr Ramey requested that staff research this question and complete a cost analysis. Mr Ramey moved to accept the construction plans and specifications as presented for fencing four softball fields at the Owasso Sports Park, and authorize the solicitation of bids. Motion seconded by Mayor Duke. AYE: Ramey, Duke, Ewing, Bamhouse, Burris NAY: None Motion carried 5 -0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ- 94 -07, A REQUEST TO REZONE AN APPROXIMATELY 3.13 ACRE TRACT OF LAND FROM AG (AGRICULTURE) TO CG COMMERCIAL GENERAL). SUCH PROPERTY LOCATED GENERALLY EAST OF GARNETT ROAD, DIRECTLY NORTH OF THE OWASSO FIRE STATION. Hayward Smith, applicant and owner, requested approval of a rezoning request from AG to CG for approximately three acres located directly north of the Owasso Fire Station. The requested zoning is consistent with existing zoning patterns. The Planning Commission recommended approval of the rezoning request at their October 11, 1994 meeting. Mr Ramey moved, IOwasso City Council October 18 1994 seconded by Mr Burris, to approve the rezoning request OZ- 94 -07, changing the zoning from AG to CG. AYE: Ramey, Burris, Ewing, Barnhouse, Duke NAY: None Motion carried 5 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #480. AN ORDINANCE ADOPTING NEW SUBDIVISION REGULATION PROVISIONS REPEALING EXISTING LANGUAGE PERTAINING TO SUCH AND ESTABLISHING AN EFFECTIVE DATE. ' Between 1989 and 1992, the Owasso Planning Commission reviewed each chapter and each exhibit of the current subdivision regulations, and felt that some significant changes needed to be made in the document. In October of 1992 a subdivision regulation review committee was established to rewrite the regulations and prepare a preliminary draft document. The Planning Commission reviewed that draft document and gave its approval on April 15, 1993. The document was then submitted to area developers and builders for review and comments. Some ' changes were made as a result of that review and the Planning Commission approved the final draft on September 16, 1993. The document has been in the "fine tuning" stages since that time. The Planning Commission reviewed the document once again on October 11, 1994 and voiced no concerns regarding the proposed regulations. Mr Burris moved to approve ordinance #480, which formally adopts the new subdivision regulations. Motion seconded by Mr Ewing. AYE: Burris, Ewing, Ramey, Barnhouse, Duke NAY: None Motion carried 5 -0. ITE-Ml 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EMERGENCY CLAUSE TO BE ATTACHED TO ORDINANCE #480 PROVIDING FOR THE ORDINANCE TO BECOME EFFECTIVE IMMEDIATELY UPON PUBLICATION OF THE ORDINANCE Ordinances ordinarily become effective thirty days after their passage and publication in a newspaper of general local circulation. State statutes allow the attachment of an emergency clause if the delay of an ordinance's effective date would have a negative financial impact on the City or would result in unnecessary cost to the City. The emergency clause allows an ordinance to become effective immediately upon publication. Because of the provisions in the Subdivision Regulations and the number of subdivisions now being constructed, a delay in the 5 Owasso City Council October 18, 1994 effective date would result in a financial burden on the City. Mr Burris moved, seconded by Mr Ramey, to approve the attachment of an emergency clause to ordinance #480. ' AYE: Burris, Ramey, Ewing, Bamhouse, Duke NAY: None ' Motion carried 5 -0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #491 AN ORDINANCE RENEWING THE CONTINUED COLLECTION OF A THREE PERCENT (3 %)911 SERVICE FEE. Barnhouse out at 9:03 p.m. Ordinance #491 renews the collection of fees to fund Owasso's portion of the cost of operating the E -911 system. The ordinance adopted on September 6, 1988 provided for those fees to be collected. It also provided for a three year collection of the fee and required a renewal of the fee every three years. Mr Burris moved, seconded by Mr Ramey, to approve ordinance #491. AYE: Burris, Ramey, Ewing, Duke NAY: None Motion carried 4 -0. ITEM 16: REPORT FROM CITY MANAGER No report. ITEM 17: REPORT FROM CITY ATTORNEY No report. ITEM 18: REPORTS FROM CITY COUNCILORS Councilor Ramey mentioned the deterioration of 129th East Ave because of heavy truck traffic. Councilor Burris requested that the City Manager's contract and the City Attorney's contract be placed on the next Council agenda, and that an executive session be listed for the discussion of those items. Mayor Duke announced that the Miss Owasso pageant would be October 22, 1994. T Owasso City Council October 18, 1994 ITEM 19: UNFINISHED BUSINESS Mr Ray reported that an arbiter has been selected and the arbitration process should begin shortly on the resolution of a contract between the City of Owasso and Owasso FOP Lodge #149 for Fiscal Year 1994 -1995. Barnhouse in at 9:12 p.m. ITEM 20: NEW BUSINESS Terri Houdyshell, Program Administrator for Network Owasso, presented cans of paint and paint brushes to the Councilors and City Manager so that they can assist with the painting of fire hydrants. ITEM 21: ADJOURNMENT Mr Burris moved, seconded by Mr Ramey to adjourn. AYE: Burris, Ramey, Barnhouse, Ewing, Duke NAY: None Motion carried 5 -0 and the meeting was adjourned at 9:16 p.m. Marcia Boutwell, City Clerk 7 Jerry Duke, Mayor ' WA IT O SSO CITY COUNCIL ' MINUTES OF SPECIAL MEETING Tuesday, October 25, 1994 The Owasso City Council met in special session on Tuesday, October 25, 1994 in the Conference Room at RCB Bank per the Notice of Public Meeting and Agenda posted on the City ,. Hall bulletin board at 4:00 p.m. on Friday, October 21, 1994. ITEM 1: CALL TO ORDER Mayor Duke called the meeting to order at 7:15 p.m. ITEM 2: ROLL CALL PRESENT ABSENT Jerry Duke, Mayor Joe Ramey, Councilor Charles Burris, Vice Mayor Mary Lou Barnhouse, Councilor Danny Ewing, Councilor STAFF ' Rodney J Ray, City Manager A quorum was declared present. ITEM 3: DISCUSSION OF ISSUES OF IMPORTANCE TO THE CITY OF OWASSO A general discussion of issues of importance to the City of Owasso took place. No action was requested and no vote taken. ITEM 4: ADJOURNMENT Mr Burris moved, seconded by Mr Ewing to adjourn. AYE: Burris, Ewing, Barnhouse, Duke NAY: None a Motion carried 4 -0 and the meeting was adjourned at 9:18 p.m. Marcia Boutwell, City Clerk Jerry Duke, Mayor CITY OF OWASSO GENERAL FUND !D/28/94 8:48:03 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------------- - - - - -- ------------------- - - - - -- ------- - - - - -- t �NAGERIAL 950782 OFFICE DEPOT CARD PLAN 950814 HOWARD STAMPER 950831 CONSUMER CONTACT CO 950884 TREASURER PETTY CASH 950892 OSU 950893 MCI TELECOMMUNICATIONS 950897 SOUTHWESTERN BELL TELE. DEPARTMENT TOTAL = = = => HiNANCE ------------------------ - - - - -- 950023 CPS BUSINESS, 950692 EPSON DIRECT 950729 OSU 950879 SAM'S CLUB SUPPLIES SERVICES SUPPLIES REIMB PETTY CASH BUSINESS FORUM 9/94 LONG DISTANCE 9/94 PLEXAR INC. LICENSE FEES COMPUTER CONFERENCE SUPPLIES DEPARTMENT TOTAL = = = => COMMUNITY DEVELOPMENT - •---------------------- - - - - -- 950381 BOCA INTERNATIONAL COMMENTARY 950782 OFFICE DEPOT CARD PLAN SUPPLIES 950884 TREASURER PETTY CASH REIMB PETTY CASH 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR DEPARTMENT TOTAL = = = => INICIPAL COURT ----------------------- - - - - -- 950782 OFFICE DEPOT CARD PLAN SUPPLIES 950884 TREASURER PETTY CASH REIMB PETTY CASH 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR DEPARTMENT TOTAL = = = => 1 1GINEERING ------------------------ - - - - -- 1.79 100.00 160.00 18.47 175.00 .20 50.17 505.63 217.00 1,578.95 55.00 49.92 1,900.87 88.00 11.57 9.48 24.91 133.96 5.80 20.00 2.00 52.18 79.98 10/28/94 8:48:03 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 950806 ROHN MUNN SERVICES 740.00 DEPARTMENT TOTAL =___> 740.00 GENERAL GOVERNMENT ------------------------ - - - - -- 950214 WARREN CLINIC PRE EMPL DRUG SCREEN 150.00 950217 MEMBER SERVICE LIFE PRE TAX ADMIN FEE 200.00 950218 DEPARTMENT OF CORRECTIONS DOC EMPLOYEES 409.20 950629 RETHERFORD PUBLICATIONS LEGAL NOTICES 201.17 950750 TULSA WORLD CLASSIFIED AD 130.62 950782 OFFICE DEPOT CARD PLAN SUPPLIES 152.87 950812 TULSA WORLD LEGAL NOTICE 37.10 950813 MIREX CORP COPIER MAINT 138.24 950853 INCOG 2ND QTR LEGIS CONSORTIUM 312.00 950861 MESO TRAINING 725.00 950868 PITNEY BOWES INC SUPPLIES 37.05 950879 SAM'S CLUB SUPPLIES 18.50 950880 HUGHES LUMBER CO SUPPLIES 70.65 950883 TREASURER PETTY CASH DOC MEALS 238.58 950884 TREASURER PETTY CASH REIMB PETTY CASH 38.16 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 21.01 950894 OKLA NATURAL GAS 9/94 USE 39.11 950895 SOUTHWESTERN BELL TELE. 9/94 NON - PLEXAR 47.56 950896 PSO 9/94 USE 973.43 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR 440.71 DEPARTMENT TOTAL = = =_> 4,380.96 MAINTENANCE ------------------------ - - - - -- 950759 ANCHOR PAINT SUPPLIES 43.13 950881 GORDON'S WHOLESALE SUPPLIES 35.05 950882 TAYLOE PAPER CO SUPPLIES 69.77 950884 TREASURER PETTY CASH REIMB PETTY CASH 5.36 DEPARTMENT TOTAL = = = => 153.31 CEMETERY ------------------------ - - - - -- 950896 PSO 9/94 USE 16.75 DEPARTMENT TOTAL =___> 16.75 1 1 77 10/28/94 8:48:03 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- )LICE SERVICES ------------------------ - - - - -- j IIMAL CONTROL ------------------------ - - - - -- 950753 950537 RADIO SHACK SUPPLIES 35.80 WAL -MART 950685 TUXALL UNIFORM & EQUIP SUPPLIES 127.33 9/94 USE 950752 DARLEK COMPUTER SUPPLY COMPUTER EQUIP 179.06 28.50 950759 ANCHOR PAINT SUPPLIES 52.35 950761 OWASSO AUTO CARE & MAINT VEHICLE MAINTENANCE 110.15 950782 OFFICE DEPOT CARD PLAN SUPPLIES 88.64 950787 US POSTMASTER POSTAGE 87.00 950788 MELODY PARSLEY UNIFORM REPAIRS 39.25 950789 MCCAW COMMUNICATIONS PAGER RENTALS 112.05 950819 GE CAPITAL COPIER 1,131.64 950838 MOORE PLUMBING REPAIR 52.50 950840 WESTERN BUSINESS PRODUCTS COPIER MAINT 147.91 950841 WAL -MART SUPPLIES 50.25 950845 KIMBALL ACE HARDWARE SUPPLIES 20.17 950847 WAL -MART SUPPLIES 27.50 950848 REASORS PRICE RITE SUPPLIES 72.42 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 38.82 950894 OKLA NATURAL GAS 9/94 USE 32.88 950895 SOUTHWESTERN BELL TELE. 9/94 NON - PLEXAR 47.56 950896 950897 PSO SOUTHWESTERN BELL TELE. 9/94 USE 9/94 PLEXAR 663.74 227.63 DEPARTMENT TOTAL =___> - - - - -- 3,344.65 POLICE COMMUNICATIONS ------------------------------ 950786 THREE LAKES LAUNDRY LAUNDRY 47.25 DEPARTMENT TOTAL =___> - - - - - -- - 47.25 j IIMAL CONTROL ------------------------ - - - - -- 950753 KAREN OLIVA SERVICES 40.00 950790 WAL -MART SUPPLIES 66.06 950896 PSO 9/94 USE 73.23 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR 28.50 DEPARTMENT TOTAL =___> 207.79 ]"RE SERIVCES ------------------------ - - - - -- 10/28/94 8:48:03 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 950780 FIRE CHIEF MAGAZINE SUBSCRIPTION 950793 VOLUNTEER VOLUNTEER RUNS 950794 NAPA AUTO PARTS SUPPLIES 950795 WAL -MART SUPPLIES 950796 KIMBALL ACE HARDWARE SUPPLIES 950798 MACK TRUCK SALES SERVICE MANUAL 950808 OK FIRE CHIEFS ASSO RENEWAL 950826 OKLAHOMA STATE UNIVERSITY TUITION /MARLAR 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 950894 OKLA NATURAL GAS 9/94 USE 950896 PSO 9/94 USE 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR DEPARTMENT TOTAL = = = => CIVIL DEFENSE ------------------------ - - - - -- 950445 BARON SERVICES, INC. WEATHER SYSTEM SVC FEE 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 950895 SOUTHWESTERN BELL TELE. 9/94 NON - PLEXAR 950896 PSO 9/94 USE 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR DEPARTMENT TOTAL = = = => STREETS ------------------------ - - - - -- 950334 ANCHOR STONE CO 950401 RAINBOW CONCRETE CO 950627 PSO 950772 HUGHES LUMBER CO 950778 HANES SHOE & ARCH SHOP 950820 MISER ASPHALT CO 950884 TREASURER PETTY CASH 950889 A -1 FENCE 950894 OKLA NATURAL GAS 950896 PSO 950897 SOUTHWESTERN BELL TELE. DEPARTMENT TOTAL =_ = => RECREATION CENTER -------------------- - - - - -- ROCK CONCRETE STREET LIGHTING SUPPLIES REPAIR BOOTS ASPHALT REIMB PETTY CASH SIGN POSTS 9/94 USE 9/94 USE 9/94 PLEXAR 49.00 445.50 54.46 262.81 57.56 191.15 52.00 225.00 13.96 224.10 919.55 250.93 2,746.02 350.00 .59 49.99 64.15 26.67 491.40 56.83 414.00 1,373.73 225.29 60.00 800.00 58.50 254.80 12.44 763.07 45.17 4,063.83 950665 DAVID'S ELECTRIC REPLACE LIGHTS 585.00 0/28/94 8:48:03 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ----- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 950712 KIMBALL ACE HARDWARE SUPPLIES 950782 OFFICE DEPOT CARD PLAN SUPPLIES 950824 SCOREBOARD SPORTS CTR. BASKETBALL NETS 950835 ROBERTSON PLUMBING SUPPLY REPAIR 950860 EQUIPMENT ONE RENTAL & SA EQUIPMENT RENT 950884 TREASURER PETTY CASH REIMB PETTY CASH 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 950896 PSO 9/94 USE 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR DEPARTMENT TOTAL =___> TIMMING POOL ------------------------ - - - - -- 22.52 36.45 56.00 109.90 22.00 9.95 2.32 429.07 41.40 1,314.61 ' 950894 OKLA NATURAL GAS 9/94 USE 20.07 950896 PSO 9/94 USE 180.15 950897 SOUTHWESTERN BELL TELE. 9/94 PLEXAR 27.26 ' 227.48 DEPARTMENT TOTAL =___> or C ►MMUNITY CENTER ------------------------ - - - - -- F 950148 XEROX COPIER MAINT 96.36 950184 CELLULAR ONE —TULSA USAGE 10.60 950884 TREASURER PETTY CASH REIMB PETTY CASH 58.26 950893 MCI TELECOMMUNICATIONS 9/94 LONG DISTANCE 4.13 950894 OKLA NATURAL GAS 9/94 USE 37.84 950896 PSO 9/94 USE 1,117.90 950897 SOUTHWESTERN BELL TELE_ 9/94 PLEXAR - - - - - -- — DEPARTMENT TOTAL =___> 1,429.58 F .RK MAINTENANCE ------------------------------ 950200 WAYNE CARVER MOWING /86TH ST 49.00 950202 LARRY TURNER MOWING /RAYOLA 165.00 950759 ANCHOR PAINT SUPPLIES 17.45 950894 OKLA NATURAL GAS 9/94 USE 90.94 950896 PSO 9/94 USE 369.11 DEPARTMENT TOTAL =___> 691.50 Ff7ONOMIC DEVELOPMENT - ---------------------- - - - - -- CITY OF OWASSO GENERAL FUND 10/28/94 8:48:03 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 950818 KIMBALL ACE HARDWARE 950884 TREASURER PETTY CASH DEPARTMENT TOTAL = = = => FUND TOTAL = = = => SUPPLIES REIMB PETTY CASH 19.05 34.00 53.05 22,528.62 CITY OF OWASSO WORKERS' COMP SELF -.INS PLAN 10/28/94 8:48:03 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ----------- - - - - -- ------------------- - - - - -- ------- - - - - -- ;NERAL GOVERNMENT ------------------------------ t950815 BERKLEY RISK MANAGEMENT 10/94 ADMIN FEE DEPARTMENT TOTAL =___> FUND TOTAL =___> 778.33 778.33 778.33 CITY OF OWASSO AMBULANCE SERVICE FUND 10/28/94 8:48:03 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 950781 BOLAY MOBILECOM INC RADIO REPAIR 166.30 950792 ALLIANCE MEDICAL, INC. SUPPLIES 185.56 950797 PACE PRODUCTS OF TULSA IN OXYGEN 72.00 950809 PHYSIO CONTROL EQUIPMENT 195.00 DEPARTMENT TOTAL =___> 618.86 FUND TOTAL =___> 618.86 t CITY OF OWASSO E - 911 ?x/28/94 8:48 :03 A/P CLAIMS REPORT APAPVR PAGE: PO it VENDOR DESCRIPTION AMOUNT -------------- - - - - -- ------------------------- ------------- Fm I)LICE COMMUNICATIONS ------------------------ - - - - -- 950006 SOUTHWESTERN BELL TELE. E -911 1,707.77 - - - -- DEPARTMENT TOTAL =___> 1,707.77 FUND TOTAL =___> 1,707.77 10/28/94 8:48:03 PO # VENDOR ---- - - - - -- ---------- - - - - -- CITY GARAGE ------------------------ - - - - -- CITY OF OWASSO CITY GARAGE A/P CLAIMS REPORT APAPVR PAGE: DESCRIPTION AMOUNT - - - -- ------------------- - - - - -- ------- - - - - -- 950622 EXIDE, CORP 950810 HANES SHOE & ARCH SHOP 950811 ZEE MEDICAL SERVICE 950825 CLEARKOTE 950884 TREASURER PETTY CASH 950896 PSO 950897 SOUTHWESTERN BELL TELE. DEPARTMENT TOTAL =___> FUND TOTAL GRAND TOTAL BATTERIES BOOTS SUPPLIES SUPPLIES REIMB PETTY CASH 9/94 USE 9/94 PLEXAR 137.60 103.00 63.70 435.00 39.47 163.13 20.26 ti. 962.16 210,024.58 VENDOR TRANSFERS CITY GARAGE WORKER'S COMP SELF -INS GENERALFUND GENERAL FUND TRANSFERS TOTAL 1 1 1 1 1 1 1 1 CITY OF OWASSO A/P TRANSFER REPORT DESCRIPTION AMOUNT TRANSFER FROM GENERAL FUND 2,333.33 TRANSFER FROM GENERAL FUND 11,512.50 TRANSFER FROM AMBULANCE FUND 10,000.00 TRANSFER FROM E -911 FUND 1,312.50 25,158.33 1 CITY OF OWASSO PAYROLL PAYMENT REPORT ' PAY PERIOD ENDING DATE 10/15/94 1 DEPARTMENT AMOUNT :M�.�•�l� 7:ifS�.•.•r.Y1�3Si %: iii'' iiiii: }: ?iiii iiiii iiiiiiiijiii'i iii ; i;;:i;:;iii'i:: i::i::ii' +:: iiiii:;:; >:iii.'::iiiSS:ii iS:i$::iiiii'i;:iiiiiiii:: i;:..; .;; ... FY+ i}: i:: �:: isw i {. } %. } };i•:v'i;•K ' .X L4: Lv:?•} Y, Yr}}}}}}: i}::::::?• i:??. ii}:? iJ: p: 4: ii.}}: ii. Y. C:. rw• S:•: w'}} i", v.? tiG: LO}::: i. 4.}}: i.: i:.::.::•:? ti? i? 4��LLL.: Finance J% b: L:<{ i4�CS} AI i:+ :::xa.�MC {. }:n:� }:.i }Yi:'l..} 5,462.98 Municipal Court 1,210.62 :,v,. };}w•iiYf n.^ } } } } } }: ?? ?•;4} ^:: f.? ?•} ? ?4 } }:TT }:• }i:•i }' ii ir{l iiii }iiiiiri... w:i: ?�<ii►iiiii:• }:�41:;x:y4:{4:• }:• }:• }: ?•yp:. }iiiiii iii : iYv :; i:iiiiiiijiiiii:4:4:• }:• } } } }1 }: } } }} iii } }:• }:4:4:4:4:4:4 }: } }:4iii} ii} i}} ii: L:}: v:.}}': w ::::::::: : {:i #:F��11::�.i -'' ': iii: iiiii: iii}}' iiii}}: isi} i }:' { ?i':;X;'riiiiiijijiiii'•iii iii } };i4:;(;:ijijiiiiii; }: ?i,i iii:::.,::. }:: }; is +:ii' >•'••':ii' :'':iiii:4: •.vw: n�::nv:.vw:nx•.v : n•: ri?riv:.xv: xr: rrvvw•; } hw:.: wmr: nxv. vxvn:•. vn• .vwr:::.xv.:w.4•Yri•}}Ariix:?:i•: xkili::.4 �CW»mwn • Ti£}}f ff .Y.•Yfff.�iY.:.,vp }F.•�: ^�:•TT: ::::::• }:• }:•}:;4} }}: ?• }: ;• } }', :::?FM,��•{�,}' i:i ? ?ii':ii;iiiiiii: ^ii' >• . x...:.. r:::.wr}.W W.4iriv.•.•.vixx: Building Maintenance 645.91 •:ti4: ?.: ?. }vi:4• ? <mfi. ?•�... �.. }. }. }: } } } }. ?: ? ? ?, ?,? . ii7 /f.4:Si::iiii ^: >:Y:s:Y:i::i ?:q :::.. .................... Central Dispatch 4,976 41 Fire 28,712 43 :::..::::: r:::::::::::: r<:. w:??<? 4:???.:. S:: i??« 4: 4:... wN..: 41:? 4:.: 4i}}}:,??.? N?:???? r?:.:>:, <;; ?<�:�.::.�:4: ?i ?i ?4iii }:.::: ••.•.•.••.•: i:4:4:rit4:<di�:'iw: {<i•: {4CLLL �!! }.v..;..v. \L[ \.yl.•::;::,w;: ;;;:; 4:{ 4if.: 4: 4}}} n.: 4Y: 4:. w{G irl?.}% F. L�0000' AC4 }:<4:;;.:<4:ri»�({L.{i{iL.iOt \a4:4::.:.:y:bS..LAw'3rY . Recreation Center 2,390.72 :;.i::•.;.;.:<:.:2:! ?.:;::<.1 ::. »YNaW.:W6Y':;:w'.<r......: }rti.:U.:l: • ::,.1$f�d'XL.::.:.....:.V. : { ?f {. }: +.•: ? ?4; ?:.; {•: % {: {{ {?411:41: ?ti?•:? ?4:4}1 }: ?t:. ;•} .rh4�$�Q. }}}rw•: Park Maintenance 2,321.02 i :4rr } } };i. }}; ?ti ?i ?4: ? ?i;? ?L;•: • • • • • • •'; ?? i i:i::4 }y�;;i. } } }S }: iii.: tt? 4' F..: 4: ti? Jv: GGi}% vb}: 4}:;.}}}:;? 4}:: ::.:G:?tii:4i:•:4�:Sf-06G:LYr } %.} }4'r:.i}i:4Xi.'4:i::: }:4:4iG:itL:r}l tiiMWi':i: ?tiv.::•..nvrr:}}, ::vuw.. :. ,mow rx.1 •:.;.;4:M ^..:.. fi. r{r,.y APPROVED: 11/01/94 Mayor Council Member Council Member r CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 10/15/94 APPROVED: Mayor Council Member Council Member W&I 11/01/94 1 r. MEMOIR -ANDUM TO: RODNEY J. RAY CITY MANAGER FROM: M.A.ALEXANDER CHIEF OF POLICE SUBJECT: POLICE SERVICE AGREEMENT BETWEEN CITY OF OWASSO AND TULSA JUNIOR COLLEGE DATE: OCTOBER 24, 1994 w BACKGROUND Oklahoma State Statute allows municipalities, if authorized by City Council, to enter into an agreement with campus police departments with regard to recognizing jurisdictional boundaries and providing mutual aid assistance. The proposed enclosed agreement is submitted from Dr Dean VanTrease, President of Tulsa Junior College, requesting such consideration be made. Tulsa Junior College currently rents or leases property within the City limits of Owasso to conduct classes. TJC has established a campus police department which provides law enforcement protection for persons and property within their boundaries. Officers of the Owasso Police Department have engaged in additional part -time employment by TJC in the campus police capacity. As set forth in Oklahoma Statute, TJC police shall have the authority to enforce state criminal statutes and all rules and regulations of Tulsa Junior College. The agreement allows any officer employed by TJC to be 'commissioned' by TJC as a campus police officer. This commission has no effect on the current commissions of Owasso Officers, yet authorizes arrest powers while on TJC property and the enforcement of TJC rules and regulations. Approval of this agreement has no direct impact on the City, yet it allows Owasso Police Officers who work part time for TJC to effectively perform the police duties for which they were hired. Other officers who are employed by TJC from adjacent law enforcement agencies will not receive Owasso commissions. This proposal has been reviewed by City Attorney Ron Cates. s E RECOMMENDATION Staff recommends Council approval and authorization from the Mayor to execute the attached contract between the City of Owasso and Tulsa Junior College providing for police services. ATTACHMENTS Police Service Agreement POLICE SERVICES AGREEMENT WHEREAS, the Board of Regents of the Tulsa Junior College owns, leases, and /or rents property within the City of Owasso, Oklahoma; and WHEREAS, the Board of Regents of the Tulsa Junior College, as the governing Board of Tulsa Junior College, has established a campus police department (the "TJC Department of Public Safety /Campus Police ") pursuant to the provisions of the Campus Security Act, and the City of Owasso, Oklahoma, has a Police Department which provides law enforcement protection for persons and property within its boundaries; and WHEREAS, 74 O.S.1992, §360.20 permits municipalities and county sheriff departments having overlapping or concurrent jurisdiction ' with a campus police department to enter into agreements with the governing board of the educational institution recognizing jurisdictional boundaries and providing for mutual assistance; and WHEREAS, 51 O.S. 1992 §6(A)(14) permits municipal or county law enforcement or peace officers to serve in part -time positions as commissioned campus police officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by the governing body of the municipality or county and the governing board of the institution of higher ' education; and WHEREAS, the Tulsa Junior College Board of Regents has authorized the President of Tulsa Junior College to enter into such agreements on behalf of Tulsa Junior College; NOW, THEREFORE, Tulsa Junior College and the City of Owasso, a municipal corperation, hereby agrees as follows: 1. Law Enforcement officers commissioned by the City of Owasso may be commissioned and employed by Tulsa Junior College as part -time campus police officers, subject to the terms and conditions set forth herein. 2. The jurisdiction of the TJC Department of Public Safety /Campus Police and its duly commissioned and CLEET- certified peace officers employed as campus police officers, hereinafter collectively referred to as the "TJC Campus Police," shall be the campuses of Tulsa Junior College. The term "campuses" means the real property, buildings, and other improvements owned, leased or rented by Tulsa Junior College. 3. Upon the execution of this Agreement, the Director of the TJC Department of Public Safety /Campus Police will provide the Chief of the Owasso Police Department with 0239001.p2 -36 L 9 maps identifying the geographical boundaries of all real property owned, rented or leased by Tulsa Junior College lying within the City of Owasso. This map will include all highways, streets, roads, alleys, and other public ways immediately adjacent to the campuses. Any subsequent changes in the geographical boundaries of said real property will be provided to the aforesaid individual as soon as practicable after the change occurs. 4. As set forth in 74 O.S. 1992 §360.17(B), the TJC Campus Police shall have the authority to enforce state criminal statutes and the rules and regulations of Tulsa Junior College. 5. The TJC Campus Police shall have jurisdiction beyond the geographical boundaries set forth in paragraph 2, above, and within the jurisdictional boundaries of the City of Owasso Police Department only under the following circumstances: a. When requested by the Mayor or Chief of Police of the City of Owasso and agreed to by the President of Tulsa Junior College or his designee. b. When in the act of completing in a timely manner a necessary law enforcement activity which began on campus, provided, however, that the TJC Campus Police must contact the Owasso Police Department to permit it to take over the law enforcement activity, at which time the TJC Campus Police shall relinquish control and jurisdiction. C. In any emergency situation or in a situation where immediate action is necessary to prevent or avoid personal injury or property damage or the escape of an offender who is reasonably believed to be fleeing from the scene of a crime or to be resisting arrest, provided, however, that the TJC Campus Police must contact the Owasso Police Department to permit it to intercept the offender and /or take over the law enforcement activity, at which time the TJC Campus Police shall relinquish control and jurisdiction. 6. Tulsa Junior College shall be solely responsible for the acts and omissions of its officers, employees and agents while on -duty for the College and acting within the scope of their employment by the College. The City of Owasso 0239001.p2 -36 0 L M shall be solely responsible for the acts and omissions of its officers, employees and agents while on -duty for the City of Owasso and acting within the scope of their employment by the City of Owasso. It is understood and agreed that nothing herein shall be construed as creating an employment or agency relationship between Tulsa Junior College and the City of Owasso. 7. This agreement shall continue until modified by the parties or until terminated by either party upon thirty (30) days written notice. IN WITNESS WHEREOF, the parties have set their hands and seals as of the dates set forth below. Ammvem. APPROVED: Chief of Police 0239001.p2 -36 CITY OF OWASSO, OKLAHOMA, a municipal corporation, Mayor Date: TULSA JUNIOR COLLEGE By: /'0.g._,,, Dr. Dean VanTrease President Date: 5/9 y MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 492 DATE: October 26, 1994 BACKGROUND: At the October 18, 1994 meeting, the Owasso City Council unanimously recommended approval of a rezoning request from Hayward Smith to rezone an approximate 3 acre area from AG (Agriculture) to CG (Commercial General). As you may recall, the subject property is located immediately north of the Owasso Fire Station. Attached is a copy of Ordinance No. 492 which formally adopts the City Council's action of October 18, 1994. This rezoning would then become effective thirty (30) days after the publication of the ordinance in the Owasso Reporter. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 492. ATTACHMENTS: 1. Ordinance No. 492. CITY OF OWASSO ORDINANCE NO. 492 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -94 -07 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURAL) TO CG (COMMERCIAL GENERAL), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested rezoning of application OZ- 94 -07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT Section 1. The zoning classification of the following described property, to wit: A tract of land in the Northwest Quarter of the Southwest Quarter (NW /4 SW /4) Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the US Government Survey thereof, more particularly described as follows, to -wit; Beginning at the Southwest corner of said Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW /4 NW /4 SW /4), thence S 89 058'10 "E for 480.95 feet to the westerly right -of -way line of Highway 169, said point also being the Southeast corner of Lot 1, Block 1, Morton View Addition to the City of Owasso, thence southwesterly along said right -of -way on a curve to the left having a radius of 5230.51 feet for a distance of 379.16 feet, thence N 89 °58'10 "W for 317.43 feet to the west line of said Northwest Quarter of the Southwest Quarter (NW /4 SW /4), thence due North along said west line for 342.73 feet to the Point of Beginning, containing 3.135 acres gross and 2.741 acres net. be, and the same is hereby rezoned from an AG (Agricultural) to a CG (Commercial General) zoning district. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 1st day of November, 1994. City of Owasso, Oklahoma Jerry Duke, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney ' MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO 0 FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF LEASE AGREEMENTS BETWEEN SK &O RAILROAD AND THE CITY OF OWASSO; AND BETWEEN WHIRLPOOL CORPORATION AND THE CITY OF OWASSO DATE: October 28, 1994 BACKGROUND: The attached leases (one between the SK &O Railroad and the City of Owasso, and the other between the Whirlpool Corporation and the City of Owasso) would, if approved, provide approximately 5000 square feet of temporary office space for the Whirlpool Corporation's administrative headquarters during the construction of their new plant. The space would be used ' to house 40 to 50 Whirlpool employees beginning the first week of November. One lease requires the SK &O Railroad to make available its offices located at 401 West Second Avenue, to the City for a one year term at a total cost of ten dollars. The second lease makes that same property available to Whirlpool for one year at a cost of ten dollars. Significant terms of the leases include: • Requirement that City arrange for payment of all utilities. Negotiations with PSO and ONG are concluded, resulting in agreements to conduit bills for utilities to private sector companies. Water and sewer will be billed to SK &O Railroad via their master meter. Refuse will be provided by City of Owasso. • Requirement that lessee make any necessary repairs to heating, air conditioning, or plumbing, if needed, during the term of lease. • Requirement that Whirlpool make any necessary repairs to heating, air conditioning, or plumbing, if needed, during term of lease. • Requirement that City hold SK &O harmless from any claim, and requirement that Whirlpool hold City harmless from any claim. 6 WHIRLPOOL & SK &0 LEASE AGREEMENTS October 28, 1994 Page 2 Overall, the two leases do not place a direct financial obligation on the City of Owasso. However, there is exposure simply from being the conduit for the facility. It should be noted that both SK &O and Whirlpool wanted the City as a participating partner in the arrangement. It was the opinion of both parties that the City provided a measure of stability to the agreements since neither of the companies had a previous history with the other. ' Other items of note include a minimal allocation of staff time to supervising the initial clean-up ' of the facility, coordinating the move in with the two companies and, as noted above, refuse service (if we cannot persuade BFI to donate the service). These agreements have been reviewed by the OEDA and discussed as an economic development activity. The location of 40 -50 Whirlpool employees in our community was considered to be a significant benefit to the community. RECOMMENDATION: The staff recommends Council approval of the two leases and that the Mayor be authorized to execute such agreements on behalf of the City. NOTE: The City Attorney has reviewed the lease agreements. ATTACHMENTS: Proposed agreement between SK &O Railroad and the City of Owasso. 2. Proposed agreement between Whirlpool Corporation and the City of Owasso. IF ib OFFICE AND PROPERTY LEASE AGREEMENT SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY, a Kansas Corporation, hereinafter referred to as "Lessor ", in consideration of the covenants contained herein, agrees to lease to the CITY OF OWASSO, an Oklahoma Municipal Corporation with an address of 301 S Cedar, Owasso, OK and a phone number of (918)272 -2251, hereinafter referred to as "Lessee ", the following described property owned by Lessor, to be occupied and used by employees of the Whirlpool Corporation: The office building located at 401 West Second Avenue, Owasso, Oklahoma, containing approximately 5200 sq ft; and the south 4.74 acres of Lot 1, Block 1, AT&SF, City of Owasso, Tulsa County, Oklahoma. This agreement shall take effect on the 4th day of October, 1994, and shall remain in effect for one year, unless terminated prior to that time by written notice from Lessee given at least 30 days in advance of such termination. In consideration of this Lease Agreement, Lessee agrees to compensate Lessor in the amount of $10.00 and to arrange for payment of all utilities (electric, sewer, water and gas) and any modifications to utilities thereto during the term of this Lease Agreement. Lessee also agrees to make any necessary repairs to heating, air conditioning or plumbing as may be required during the term of this Lease Agreement. Written authorization shall be given by Lessor before any modifications can be made to the existing structure, either inside or outside. All modifications or improvements will become a permanent part of the facility upon termination of this Lease Agreement. During the term of this Lease Agreement, Lessee will provide to Lessor a copy of a Certificate of Insurance for building and grounds, along with appurtenances thereto. The CITY OF OWASSO shall indemnify and hold harmless the SOUTH KANSAS & OKLAHOMA RAILROAD from any claims arising from any act or omission of Whirlpool Corporation or the City of Owasso while on the property as described in this Lease Agreement. Lessee, by signing this instrument, expressly accepts and agrees to keep, perform, and comply with, and to be bound by all the terms, covenants, conditions, and regulations set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate, by their respective officers thereunto duly authorized, on the 4th day of October, 1994. ATTEST: ATTEST: Marcia Boutwell, City Clerk MB:CONI'RAMF ABROAMLSE SOUTH KANSAS & OKLAHOMA RAILROAD By President CITY OF OWASSO BY Jerry Duke, Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF LEASE AGREEMENTS BETWEEN SK &O RAILROAD AND THE CITY OF OWASSO; AND BETWEEN WHIRLPOOL CORPORATION AND THE CITY OF OWASSO ' DATE: October 28, 1994 BACKGROUND: The attached leases (one between the SK &O Railroad and the City of Owasso, and the other between the Whirlpool Corporation and the City of Owasso) would, if approved, provide approximately 5000 square feet of temporary office space for the Whirlpool Corporation's administrative headquarters during the construction of their new plant. The space would be used to house 40 to 50 Whirlpool employees beginning the first week of November. One lease requires the SK &O Railroad to make available its offices located at 401 West Second Avenue, to the City for a one year term at a total cost of ten dollars. The second lease makes that same property available to Whirlpool for one year at a cost of ten dollars. V Significant terms of the leases include: • Requirement that City arrange for payment of all utilities. Negotiations with PSO and ONG are concluded, resulting in agreements to conduit bills for utilities to private sector companies. Water and sewer will be billed to SK &O Railroad via their master meter. Refuse will be provided by City of Owasso. • Requirement that lessee make any necessary repairs to heating, air conditioning, or plumbing, if needed, during the term of lease. • Requirement that Whirlpool make any necessary re P airs to heating, air conditioning, or plumbing, if needed, during term of lease. • Requirement that City hold SK &O harmless from any claim, and requirement that Whirlpool hold City harmless from any claim. PP WHIRLPOOL & SK &0 LEASE AGREEMENTS October 28, 1994 Page 2 Overall, the two leases do not place a direct financial obligation on the City of Owasso. However, there is exposure simply from being the conduit for the facility. It should be noted that both SK &O and Whirlpool wanted the City as a participating partner in the arrangement. It was the opinion of both parties that the City provided a measure of stability to the agreements since neither of the companies had a previous history with the other. Other items of note include a minimal allocation of staff time to supervising the initial clean-up of the facility, coordinating the move in with the two companies and, as noted above, refuse service (if we cannot persuade BFI to donate the service). These agreements have been reviewed by the OEDA and discussed as an economic development activity. The location of 40 -50 Whirlpool employees in our community was considered to be a significant benefit to the community. RECOMMENDATION: The staff recommends Council approval of the two leases and that the Mayor be authorized to execute such agreements on behalf of the City. NOTE: The City Attorney has reviewed the lease agreements. ATTACHMENTS: 1. Proposed agreement between SK &O Railroad and the City of Owasso. 2. Proposed agreement between Whirlpool Corporation and the City of Owasso. 1 ' L E A S E THIS LEASE made this day of , 1994, by and between The City of Owasso, Oklahoma, an Oklahoma municipal corporation, having its principal office and place of business at ' 207 South Cedar, Owasso, Oklahoma 74055, lessor ( "Landlord ") and WHIRLPOOL CORPORATION, a Delaware corporation, authorized to do business in the State of Oklahoma, having its principal office and place of business at 2000 M -63, Benton Harbor, Michigan 49022, ' lessee ( "Tenant'); WITNESSETH• (1) Landlord, in consideration of the rental payments to be ' made and the covenants and agreements hereinafter mentioned to be kept and performed by both parties hereto, does hereby lease to Tenant approximately 5200 square feet of the South Kansas and Oklahoma Railroad Company office building located at 401 West ' Second Avenue, Owasso, Oklahoma and the South 4.74 acres of Lot 1, Block 1, AT & SF, City of Owasso, Tulsa County, Oklahoma. (2) TERM. The initial term of this Lease shall be for a period of one ( 1) year commencing on , 1994 and terminating on , 19_, unless sooner terminated upon thirty (30) days written notice. ' (3) RENTAL. Tenant, in consideration of said demise, does covenant and agree with Landlord to pay the sum of Ten Dollars ($10.00) during the term of this Lease payable on commencement of the lease. Tenant also agrees to make any necessary repairs to heating, air conditioning or plumbing as may be required during the terms of this agreement. (4) USE OF PREMISES. The Premises shall be used and occupied r by Tenant during the term of this Lease and all extensions thereof for warehousing, office, display, sales, storage, training and PI servicing purposes, including, without limitation, the warehousing, display, sales, storage and servicing of household and other F appliances, cabinets and parts, and for any other lawful purposes. (5) PARKING. Tenant shall be entitled to the access and use of off - street parking spaces, which parking spaces shall be located adjacent the Building. Tenant agrees that Tenant's employees and visitors shall not obstruct any driveways or other common areas. (6) COMPLIANCE WITH LAWS DURING TERM. Tenant shall comply with all lawful laws, orders, regulations or ordinances of all ' municipal, county, state and federal authorities in connection with Tenant's occupation and use of the Premises, except such laws, orders, regulations or ordinances as shall pertain to structural matters; and prompt compliance with the latter shall be the sole responsibility of Landlord. Landlord shall, at Landlord's sole cost and expense not subject to reimbursement from Tenant, make all improvements, if any, to the Premises and take all other action required to comply fully with the Americans with Disabilities Act. (7) UTILITIES. Landlord shall provide, or cause to be provided, all necessary facilities to furnish all gas, electric, water, sewer and telephone utilities on the Premises. Tenant will pay all charges for telephone, gas, water, and electricity consumed (including for heating and air conditioning) by Tenant on the Premises during the continuance of this Lease as payment for the utilities consumed shall become due. ' (8) JANITORIAL SERVICES. Tenant agrees, at its expense, to provide the necessary janitorial services to maintain the Premises in good orderly manner at all times during the term of this Lease, or nay extension thereof. 2780.ola OR (9) ALL -RISK PROPERTY DAMAGE INSURANCE. Landlord agrees to keep the Building insured throughout the term of this Lease, and any extensions thereto, against loss or damage by fire or other risk as may be included in the broadest form of All Risk Property Damage Insurance form time to time available in an amount not less than the actual replacement value of the Building. Upon request, Landlord agrees to furnish to Tenant certificates of the insurance coverage required under this Paragraph. Landlord agrees to provide Tenant twenty (20) day prior written notice of any cancellation or renewal of such insurance. Tenant shall provide for contents insurance and general commercial liability on the leasehold premises. (10) INDEMNIFICATION - BODILY INJURY AND PROPERTY DAMAGE. Tenant, its successors and assigns, agrees to indemnify and hold harmless Landlord from any liability, including but not limited to litigation costs and fees, for injury to or death of any person or damage to personal property of every kind and nature arising from or in connection with the use and occupancy of the Premises caused by the acts or omissions to act of Tenant, or Tenant's servants and agents. (11) PEACEFUL POSSESSION. Landlord represents that it has the right to rent and lease the Premises, and to enter into this Lease, and that Tenant shall be entitled to peaceful possession of the Premises for and during the initial term, and any renewal terms, so long as said Tenant performs all the terms and conditions of this Lease. (12) NOTICES. Whenever under this Lease a provision is made for notice of any kind, it shall be deemed sufficient notice and service thereof if: (a) such notice to Tenant is in writing and mailed by certified or registered mail, return receipt requested, postage prepaid, sent prepaid by private overnight courier service, or transmitted electronically by facsimile, and addressed to Tenant as follows: Whirlpool Corporation 200 M -63 Benton Harbor, Michigan 49022 Attention: Director of Real Estate Facsimile Number: 616/926 -5486 with a copy to: Whirlpool Corporation 2000 M -63 Benton Harbor, Michigan 49022 Attention: Secretary Facsimile Number: 616/926 -3919 or as otherwise directed by notice, in writing, given by Tenant to Landlord from time to time, with a copy of such notice to the Premises; and (b) such notice to Landlord is in writing and either mailed by certified or registered mail, return receipt requested, postage prepaid, sent prepaid by private overnight courier service, or transmitted electronically by facsimile, and addressed to Landlord as follows; City of Owasso, Oklahoma 207 South Cedar Owasso, Oklahoma 74055 Attention: City Manager Facsimile Number: 272 -4999 or as otherwise directed by notice, in writing, given by Landlord to Tenant from time to time. 2780.ola (c) Notices shall be effective only upon actual receipt. The date of actual receipt of notices sent by facsimile must be documented by a return facsimile sent by the party being notified, which return facsimile shall acknowledge receipt of the notice. ( GENERAL PROVISIONS. (a) This Lease contains all of the terms, covenants, and conditions agreed to by Landlord and Tenant and it may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to the Lease or their respective successors in interest. (b) When the context of this Lease requires, the masculine gender includes the feminine, a corporation, or a partnership, and the singular number includes the plural. (c) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (d) This Lease shall be governed by and construed in accordance with the laws of the State of Oklahoma. (e) Time is of the essence as to all the provision of is Lease. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their duly authorized representatives effective as of the day and year first above written. CITY OF OWASSO, OKLAHOMA ( "Landlord ") By Jerry Duke, Mayor ATTEST: Marcia Boutwell, City Clerk 2780.ola 3 WHIRLPOOL CORPORATION ( "Tenant ") By Its MEMORANDUM 1 I TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO 01 FROM: RODNEY J RAY CITY MANAGER ■ t SUBJECT: REQUEST FOR EARLY PAYOFF OF WOODS PRECISION PRODUCTS CDBG -ED LOAN #4626 DATE: October 28, 1994 BACKGROUND: On February 19, 1991, the Owasso City Council approved a $225,000 loan from the Oklahoma Department of Commerce. That loan was made on behalf of Woods Precision Products and was PP for the purpose of relocating the company and its 27 employees to Owasso. The company had moved from Owasso earlier, after being acquired by The HB Company . Subsequently, The HB Company sold the Woods division to Mr Jerry Fidler, who requested City and OEDA assistance in financing the return of the company to Owasso. The original loan was for a total of $225,000 at a 10% fixed interest rate for a period of seven (7) years. Mr Fidler and RCB Bank have requested that the Oklahoma Department of Commerce accept an early payoff of the loan in the amount of the principal balance ($225,000) and waive the remaining capitalized interest payments. ODOC is willing to accept the early payoff offer, but must have approval from the City of Owasso because the City is the legal entity to whom the loan was made. Upon receipt of the request, the staff initiated discussions with the City Attorney, the OEDA Chairperson, the RCB Bank and Mr Fidler. Based on those discussions, it is apparent that the early payoff is beneficial to all of the parties. In effect, it takes the governmental involvement out of the financing and replaces it with the private sector. Additionally, it reduces the tracking and monitoring duties of the City, closes one special account fund, and allows the ODOC use of the payoff money to fund other economic development activities. In short, there appears to be no reason to withhold approval of the offer. .r WOODS PRECISION LOAN PAYOFF October 28, 1994 Page 2 RECOMMENDATION: The staff recommends Council approval of the offer of an early payoff of CDBG -ED Loan #4626, including a waiver of any remaining capitalized interest payments, and that the Mayor be authorized to notify the ODOC of the Council actions. ATTACHMENTS: 1. Correspondence from ODOC 2. CDBG Contract between City of Owasso and ODOC 3. Memorandum from Richard Hall, dated February 1, 1991 4. Correspondence to Frank Enzbrenner, dated February 4, 1991 NOTE: See Page 1 of 3 (Attachment A of CDBG Contract) for load details relating to principal, interest and maturity. ■ t s i t DAVID WALTERS GOVERNOR October 18, 1994 Jerry Duke, Mayor City of Owasso Post Office Box 180 Owasso, Oklahoma 74055 Re: City of Owasso/Woods Precision Products, Inc., #4626 Dear Mr. Duke: GREG MAIN SECRETARY OF COMMERCE i1b The RCB, Bank, on behalf of their customer, has written our offices concerning the possibility of accepting an early payoff of the Community Development Block Grant (CDBG) indebtedness of Woods Precision Products. The proposal is to accept the payment of $225,000, in full satisfaction of the indebtedness, and waive the remaining balance of the capitalized interest. ' The Oklahoma Department of Commerce is willing to accept the proposed payoff, if the City of Owasso agrees. Please advise us, as soon as possible, if Owasso is willing to agree to this early payoff of the loan. Call the undersigned at (405) 841 -9359 if you have any questions. Since y onald R. Hackler, LEconomic Develo ment Finance Specialist cc: David L. Woolsey, Senior Vice - President, RCB Bank Jerry L. Fidler, President, Woods Precision Products, Inc. OKLAHOMA DEPARTMENT OF COMMERCE 6601 Broadway / P. 0. Box 26980. Oklahoma Cily Oklahoma 73126 -0980 Telephone: (405) 843 -9770 or 1(800) TRY -OKLA • Fax: (405) 841 -5199 •,;urp W; ,n ►J� tun' r nnH�° 1n: Ask r`nn CDBG ��fnr11 I - 1 of 2 FEI 173- 6069613 CONTRACT - CDBG PART I SUMMARY AND SIGNATURES Contracting Agency: Oklahoma Department of Commerce State of Oklahoma Contractor: City of Owasso Contract Title: Community Development Block Grant - Nonentitlement Contract Number: 4626 CDBG ED 90 Local Federal State Match Total Amount: $225,000.00 -0- -0- $225,000.00 Source: U.S. Department of Housing and Urban Development (HUD) Funds from Fiscal Year 1990 Funding Period: January 24, 1991 through January 23, 1992 Submit Requisitions to: Issue Payment to: Sherwood Washington Mark Thompson, Mayor Department of Commerce City of Owasso Post Office Box 26980 207 S. Cedar Oklahoma City, OK 73126 -0980 Owasso, OK 74055 Agreement Components: Part I - Summary and Signatures Part II - General Terms and Conditions Part III - Specific Terms and Conditions Attachment "A" Project Description: Provide funds to Woods Precision Products, Inc., through the Owasso Economic Development Authority, for working capital, which will, in turn, provide expanded job opportunities to low - moderate income persons in the City of Owasso area. a CDBG I — 2 of 2 SIGNATURES — EXECUTION OF CONTRACT AGREEMENT The rights and obligations of the parties to this contract are subject to and governed by Part II - General Terms and Conditions and Part III - Specific Terms and Conditions. To the extent of any inconsistency between the General and the Specific, the Specific governs. EXECUTED BY: EXECUTED BY: City of Owasso Oklahoma Department of Commerce 'fignature Signature Mark Thompson, Mayor Connie Irby, Assistant Director February 7, 1991 _-> - 19 -9' Date Date ATTEST: �I��GCl�i1l S nature Jane Buchanan, City Clerk Typed Name and Title (CITY SEAL) OPEN MEETING LAW COMPLI CPI I hereby certify that contractor has uted this contract in compliance with the Open Meeting Law, O.S. 301 et seq. Gs/ Ronald D. Cates, City Attorney Typed Name and Title 1 CDBG ED Pa' PART II - GENERAL TERMS AND CONDITIONS 1. CONTRACTOR II - 1 of 8 a. Contractor will accomplish the project detailed in Part III in accordance with the terms and conditions of this contract. b. None of the work and services covered by this contract may be subcontracted without prior written approval of the Oklahoma Department of Commerce. All technical and administrative consultants engaged by the Contractor must be fully qualified as determined by the Oklahoma Department of Commerce. C. In no event will any subcontract incur obligation on the part of the Oklahoma Department of Commerce. 2. DEPARTMENT OF COMMERCE The Oklahoma Department of Commerce will provide funding for the project up to the total amount contracted by the Oklahoma Department of Commerce, which is the maximum amount the Oklahoma Department of Commerce will pay on this contract. 3. AVAILABILITY OF FUNDS Payments pursuant to this contract are to be made only from monies made available to the Oklahoma Department of Commerce by HUD for the CDBG program for nonentitlement areas. Notwithstanding any other provisions, payments to Contractor by the Oklahoma Department of Commerce are subject to the availability of such funds to the Oklahoma Department of Commerce, as determined by federal and /or state action and /or law. The Oklahoma Department of Commerce may take any action necessary in accord with such determination. 4. CONTRACT ADMINISTRATION a. Contractor shall comply with Treasury Circular 1075, concerning cash management of federal funds, and with the Oklahoma Department of Commerce requirements pursuant thereto. b. Contractor shall comply with 24 CFR Part 85, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and OMB Circular A -87, Cost Principles for State and Local Governments, except as directed otherwise by the Oklahoma Department of Commerce, as they relate to the application, acceptance and use of federal funds, and with the Oklahoma Department of Commerce requirements pursuant thereto. 5. COMPENSATION TO CONTRACTOR a. Funds made available pursuant to this contract shall be used only for expenses incurred during the period funded as specified in Part I for the purposes and activities approved and agreed to by the Oklahoma Department of �{ Commerce. No Oklahoma Department of Commerce funds may �s. be used for expenses incurred either prior to or after r.w� the time period specified. g ��i!'�� ®�.1�'�IN�'•'"'t �4y ,� �Uli�`*;� / /pird'- e��I,�, ` /�,` V►t�'yB"/I!(IU'` `�/ �U1N °, y(!(llln�: �'y +� v / /(l/or-- � �._ i_._�."fi�lr. V9� .4�• -, � ... Ar .w +o- a�, � -�s _ i y rte'u� �nn1 „� +tau r ,�mu/ttsiw. rnl CDBG ED II - 2 of 8 b. The Oklahoma Department of Commerce shall disburse funds �r to Contractor in accordance with Part III upon receipt ( and approval by the Oklahoma Department of Commerce of timely, properly executed requests for funds. Contractor may file expenditure estimates and requests for funds on `. the fifth (5th) and twentieth (20th) of each month and shall file a financial expenditure report by the fifth of the following month. Q6--v, C. All requests for funds should be submitted to the Oklahoma Department of Commerce during the period funded. A final claim may be submitted no later than sixty (60) days after the final date of the period funded. Said claim will be allowed only for reimbursement of actual expenditures. Any claim submitted after the sixty (60) a days may be disallowed by the Oklahoma Department of Commerce. F d. If the Oklahoma Department of Commerce determines that (, payment based on estimated expenditures is resulting in accumulation of excessive balances of cash on hand, the Oklahoma Department of Commerce may modify the basis for �E compensation to Contractor to effect proper cash management. e. If a question arises as to the validity of any claim made under this contract, the Oklahoma Department of Commerce may suspend further until• the is payments question ua^ resolved. The decision of the Oklahoma Department of Commerce to allow or disallow any claim shall prevail. 6. RECORDS, REPORTS. DOCUMENTATION a. Contractor shall maintain records and accounts, including property, personnel and financial records, that properly ` document and account for all project funds. Some specific types and forms of record may be required by the Oklahoma Department of Commerce. All such records and accounts shall be made available on demand by the ' Oklahoma Department of Commerce for inspection and use in carrying out its responsibilities for administration of the funds. b. Contractor shall furnish the Oklahoma Department of �`^ Commerce narrative reports and financial reports related to the this elements of contract in the forms and at such times as may be required by the Oklahoma Department of Commerce. C. Contractor shall retain all books, documents, papers, records and other materials involving all activities and /nn transactions related to this contract for at least three (3) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. Contractor shall, as often as deemed necessary by the Oklahoma Department of Commerce, permit authorized representatives of the Oklahoma Department of Commerce, the U. S. Department of Housing and Urban Development and the Comptroller General r: to have full access to and the right to fully examine all such materials. 1 � CDBG ED II - 3 of 8 7. CLOSING OUT OF PERIOD FUNDED a. Contractor shall promptly return to the Oklahoma Department of Commerce any funds received under this contract that are not obligated as of the final date of the period funded. Funds shall be considered obligated only if goods and services have been received as of the final date of the period funded. b. The Oklahoma Department of Commerce may unilaterally modify this contract to subtract the total amount of funds not obligated by the Contractor as of the final date of the period funded. C. Contractor shall submit a final expenditure report and any other closeout documents required by the Oklahoma Department of Commerce no later than sixty (60) days after the final date of the period funded. 8. AUDIT DISALLOWED COSTS a. Contractor shall comply with the Oklahoma Department of Commerce's audit policy including the Single Audit Act of 1984 (P.L. 98 -502, 31 U.S. Code 7501 et seq.), as applicable to governmental grantees. b. Contractor shall provide the Oklahoma Department of Commerce timely copies of reports on any audits that include funds received from the Oklahoma Department of Commerce. C. In the event an audit results in the determination that Contractor has expended contract funds on unallowable costs, Contractor shall reimburse the Oklahoma Department of Commerce in full for all such costs. 9. PROCUREMENT a. Procurement, management and disposition of property acquired with contract funds shall be governed by federal and state law, and by 24 CFR Part 85.36 as applicable, except as otherwise directed by the Oklahoma Department of Commerce. Applicable state laws include the Public Competitive Bidding Act of 1974, 61 O.S. 101 et seq. b. Materials acquired for construction purposes shall be deemed real property once they have become part of the construction. 10. EMPLOYEE BENEFITS Contractor has full responsibility for payment of workers' compensation insurance, unemployment insurance, social security, state and federal income tax, and any other deductions required by law for its employees. 11. PROGRAM INCOME Contractor shall account to the Oklahoma Department of Commerce for all program income resulting from this agreement, as provided in 24 CFR 570.504. Disposition of program income will be determined by the Oklahoma Department of Commerce. -+� - -�,�F..- - ,.,��prNJJ/�!�: � `.r w� nnlll � �1t�� ` ��►Tii �. O CDBG ED II - 4 of 8 12. CERTIFICATIONS BY CONTRACTOR a. Contractor expressly agrees to be solely responsible to insure that the use of monies received under this ' w contract complies with all federal, state and local statutes, regulations and other legal authority, all as •''�� modified from time to time, that affect the use of said monies. ' b. Contractor specifically certifies and assures that it will comply with applicable terms of the following statutes, regulations and executive orders: r� (1) Equal 012nortunity' A. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352, 42 USC 2000d et seq.), which prohibits discrimination on the basis of race, color or national origin under any program receiving federal r� funds. HUD regulations are at 24 CFR Part 1. w B. Title VIII of the Civil Rights Act of 1968 (P.L. 90- =_� 284, 42 USC 3601 et seq.), popularly known as the Fair Housing Act. C. Executive Order 11063 (1962) as amended by Executive Order 12259, which requires equal opportunity in housing. HUD regulations are at 24 CFR Part 107. D. Section 109 of the Housing and Community Development Act of 1974, which prohibits discrimination on the basis of race, color, national origin or sex in connection with funds made available pursuant to the Act. Section 109 also prohibits discrimination on the basis of age and handicap as provided in: fl � ,�,? (i) Age Discrimination Act of 1975 (42 USC 6101 et ` seq.) (ii) Section 504 of Rehabilitation Act of 1973 (29 USC 794) ON aj Regulations are at 24 CFR Part 570.601. rr. E. Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), which requires that, to the g greatest extent feasible, opportunities for training and employment be provided to lower - income persons in the project area, and that contracts for work in connection with the project be awarded to business in, or owned in substantial part by residents of the project area. Regulations are at 24 CFR Part 135. F. Executive Order 11246 (1965), which prohibits discrimination on the basis of race, color, ��.. religion, sex or national origin, and requires affirmative action in connection with federally assisted construction contracts. Regulations are `1. at 24 CFR Part 130 and 41 CFR Part 60 -1. m (2) Labor Standards ft.. A. Davis -Bacon Act (40 USC 276x- 276a -5), which requires payment of the prevailing wage for the locality to workers on most construction contracts above $2, 000. wr.�rF. CDBG ED II - 5 of 8 Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR Sections 1 and 5. B. Copeland (Anti - kickback) Act (18 USC 874, 40 USC 176c), which applies to all contracts covered by Davis -Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR Section 3. C. Contract Work Hours and Safety Standards Act (40 USC 327 et seq.), which requires overtime compensation. Regulations are at 29 CFR Section 5. (3) Environment A. National Environmental Policy Act of 1969 (P.L. 91- 190, 42 USC 4231 et seq.) and other provisions of law that further the purposes of law that further the purposes of the Act as specified in HUD Environmental Review Regulations at 24 CFR Part 58. B. Contractor's chief executive officer hereby assumes the status of a responsible federal official under the National Environmental Policy Act of 1969 and accepts jurisdiction of the state and federal courts for the purpose of enforcement responsibilities as such an official. (4) Acquisition and Relocation Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91- 646, P.L. 100 -17). Section 305 of Title III and Section 210 of Title II require state and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24. (5) Lead -Based Paint Title IV of the Lead -Based Paint Poisoning Prevention Act (42 USC 4831 et seq.), which prohibits the use of lead - based paint in residences for which federal assistance is provided. Regulations are at 24 CFR Part 35. 13. HOLD HARMLESS CLAUSE Contractor shall, within limitations placed on such entities' by state law, save harmless the State of Oklahoma, its agents, officers, and employees from all claims and actions, and all +i expenses defending same, that are brought as a result of any y' injury or damage sustained by any person or property in consequence of any act or omission by Contractor. Contractor shall, within limitations placed on such entities by stated ° - law, save harmless the State of Oklahoma, its agents, officers, and employees from any claim or amount recovered as a result of infringement of patent, trademark, copyright, or �! from any claim or amounts arising or recovered under Workers' 1 Compensation Law or any other law. In any agreement with any subcontractor or any agent for Contractor, Contractor will�'� -- -T- °qb' �' : � r �` ��'rR1� ^U1i'".a�',*""�„j`•.ngl� -� is_.'__��,•ri ' CDBG ED II - 6 of 8 specify that such subcontractors or agents shall hold harmless 'y the State of Oklahoma, its agents, officers, and employees, 444 for all the hereinbefore described expenses, claims, actions, or amounts recovered. yy: �utll; i r 14. POLITICAL ACTIVITY ' a. All employees of the Contractor shall observe the limitations on political activities to which they may be r; subject under the Hatch Act (5 USC 1501 et seq., 18 USC 595) . b. No portion of the contract funds may be used for any political activity or to further the election or defeat of j. any candidate for public office. C. No portion of the contract funds may be used for lobbying activities. ,. 15. NO- CONFLICT COVENANT fit' I Contractor covenants that no officers or employees of any ,. ' 3 governing board of Contractor have any interest, direct or indirect, and that none shall acquire any such interest during their tenure or for one year thereafter that would conflict , with the full and complete execution of this contract. Contractor further covenants that in the performance of this;i "! ' contract no person having any such interest will be employed.; r 16. PUBLICATIONS AND OTHER MATERIALS I, R � Oi a. No material produced in whole or in part under this contract shall be subject to copyright in the United States or any other country. The Oklahoma Department of Commerce shall have unrestricted authority to publish,'_ disclose, distribute and otherwise use, in whole or in Ott;? part, any reports, data or other materials prepared underrr this contract.//p��I b. Any publication or other material produced as a result of this contract shall include in a prominent location near the beginning the following statement: 9 9 9 :E }`, i ,. �..° This (type of material) was financed a in whole or in part by funds from�}� the U.S. Department of Housing and Urban Development as administered by the Oklahoma Department of Commerce. 3" 17. INTERPRETATION REMEDIES imc a. In the event the parties fail to agree on changes or {: interpretations of this contract, the decision of the Oklahoma Department of Commerce shall prevail. f' b. In the event of any disagreement between Contractor and ? the Oklahoma Department of Commerce relating to the i technical competence of the work and services being 4" performed and its conformity to the requirements of this contract, the decision of the Oklahoma Department of 'd Commerce Commerce shall prevail.` CDBG ED 18. 19. II - 7 of 8 C. Neither forbearance nor payment by the Oklahoma Department of Commerce shall be construed to constitute waiver of any remedies for any default or breach by Contractor that exists then or occurs later. MODIFICATION AMENDMENT a. This contract is subject to such modification as may be required by federal or state law or regulations. Any such modification may be done unilaterally by the Oklahoma Department of Commerce. b. This contract may be for a multi -year project, and as such may be extended, renewed, or otherwise amended only upon written agreement of the duly- authorized representatives of both parties. C. A waiver by the Oklahoma Department of Commerce of any provision of this contract must be in writing and signed by the Oklahoma Department of Commerce Director or designee. TERMINATION OR SUSPENSION a. This contract may be terminated or suspended in whole or in part at any time by written agreement of the parties. b. This agreement may be terminated or suspended in whole or in part at any time by the Oklahoma Department of Commerce for cause. The Oklahoma Department of Commerce may refuse to disburse additional funds or require return of all or part of funds already disbursed. The Oklahoma Department of Commerce's decision shall prevail. Grounds constituting cause include but are not limited to: (1) Contractor fails to comply with provisions of thisi; contract or with any applicable laws, regulations, +fir +l guidelines or procedures, including Oklahoma J(. Department of Commerce policies and issuances, or is unduly dilatory in executing its commitments ) under this contract. *? (2) Purposes for the funds have not been or will not be fulfilled, or would be illegal to carry out. (3) Contractor has submitted incorrect or incomplete documentation pertaining to this contract. C. In the event of termination or suspension, Contractor shall be entitled to payment for otherwise valid and allowable obligations incurred in good faith prior to notice of such action, and to reimbursement for reasonable and necessary expenses. Contractor shall reduce to the minimum possible obligations, prepaid expenses and other costs. d. Contractor shall not be relieved of liability to the Oklahoma Department of Commerce for damages sustained by the Oklahoma Department of Commerce by virtue of any breach of this agreement by the Contractor. The Oklahoma Department of Commerce may withhold payments due under this agreement pending resolution of the damages. CDBG ED -.. PART III - SPECIFIC TERMS AND CONDITIONS III - 1 of 6 1. No funds will be released to the Contractor nor shall the Oklahoma Department of Commerce be liable for any costs incurred until all contract conditions as defined by the Oklahoma Department of Commerce Implementation Manual and this contract have been satisfied. All required information shall be submitted within ninety (90) days from the start date of this contract. Contractor shall submit: a. A commitment by the Company that it shall create at least fourteen (14) jobs (51% of the twenty -seven [27] jobs) on a full -time equivalent basis for low and moderate income persons and /or make at least fourteen (14) jobs (51% of the twenty -seven [27] jobs) available on a full - time equivalent basis for low and moderate income persons. The Contractor shall ensure that the Company provides training necessary for jobs requiring special skills or education; a listing, by job title, of the permanent jobs to be created, indicating which jobs shall be available to low and moderate income persons and which jobs require special skills or education, and which jobs are part -time; b. Evidence to support the estimate of the total number of jobs to be created and a description of actions to be taken by the Contractor and the Company to ensure that low and moderate income persons shall receive first consideration for such jobs, and a listing, by job title, of employees at the time the assistance application was submitted to the Oklahoma Department of Commerce; C. The proposed CDBG Debenture Agreement by and between the Company and the Owasso Economic Development Authority for review, followed by the submittal of an executed Oklahoma Department of Commerce approved CDBG Debenture Agreement; d. The proposed Debenture of the Company, payable to the order of the Owasso Economic Development Authority, for review, followed by the submittal of an executed Oklahoma Department of Commerce approved Debenture; e. The proposed Security Agreement and Financing Statements (UCC -1) between the Company as debtor and the Owasso Economic Development Authority for review, followed by the submittal of the executed Oklahoma Department of Commerce approved Financing Statements that have been filed in Tulsa County and Oklahoma County, with documentation of filing and lien priority to be provided to the Oklahoma Department of Commerce prior to funding; f. The proposed Agreement between the Contractor and the Owasso Economic Development Authority to the Oklahoma Department of Commerce for review, followed by the submittal of a final Oklahoma Department of Commerce approved executed Agreement; g. The proposed Guarantee Agreement that is specifically tied to the Debenture, CDBG Debenture Agreement, and Security Agreement, followed by the submittal of an executed Oklahoma Department of Commerce approved Guarantee Agreement; t i i i a or 6. \Y: vS^Th CDBG ED III - 2 of 6 h. A proposed Memorandum Agreement by and between the Company, the Owasso Economic Development Authority, and the servicing financial institution, followed by the submittal of an executed Oklahoma Department of Commerce approved Memorandum Agreement; i. A certified copy of the Company's Articles of Incorporation; J. A copy of the state Certification of Incorporation of the Company; k. Statements from the County Treasurer and the State Tax Commission showing franchise taxes have been paid to date by the Company; 1. A completed Oklahoma Department of Commerce Placement Plan; m A copy of the Company's Resolution(s) of Approval to Borrow from the Board of Directors with the appropriate signatures, attested to by the corporate secretary, and a photocopy of the minutes of the meeting showing the vote of approval; n. An executed Certification of Choice of Program Income Disposition. (Upon execution by Contractor and acceptance by the Oklahoma Department of Commerce, said document shall become a part of this contract); o. A certification from the Company, in letter form, that there has been no unresolved litigation or unremedied adverse change in the financial operation or other condition of the Company between the date of the request for financial assistance submitted by the Contractor on behalf of the Company and the request for release of funds; p. Legally binding leverage assurances or commitments from other lending or private sources; q. The opinion from the Company's legal counsel approving the loan documents and certifying the legal enforceability of the documents; r. The opinion from legal counsel of the Owasso Economic Development Authority approving the loan documents; S. A Request for Payment Schedule prepared by the Company including projected uses of the loan proceeds, a timing schedule as to need, and evidence of financial documentation proposed to be provided by the Company to the Contractor; t. Proof of required operating licenses, consents and filings by the Company illustrating proper approval by all Federal, State, County and City authorities to conduct business; U. Documentation that prior to the loan closing, a record search has been conducted by the Contractor or the Owasso Economic Development Authority in Oklahoma and Tulsa Counties and any other appropriate areas to ensure that proper perfection can be and has been accomplished; CDBG ED III - 3 of 6 v. A copy of all other loans which the Company may have, both previous and in connection with the current project, e' including in this documentation a copy of the Promissory Note, Security Agreement and Loan Agreement; W. Evidence of insurance obtained by the Company, consisting , of general liability insurance for the Company, workmen's compensation coverage, fire and hazard insurance, and loss of business insurance for all property, equipment and inventory ;.•�'R� X. Rey -man life insurance on Jerry L. Fidler, Sr., in thee^ amount of $225,000.00 with the Owasso Economic Development Authority named as recipient of all proceeds from the policy, whether by irrevocable beneficiary designation or assignment of the policy, with any and all policy changes requiring prior approval in writing by the Oklahoma Department of Commerce. Required documentation c``3 shall include the original insurance policy to be held ? ='I by the Owasso Economic Development Authority; the Assignment and Acknowledgement of the policy executed by the insurance carrier, and the Life Insurance Policy €li Questionnaire; ( =�y y. An adopted Citizen Participation Plan and proof of publication of the public hearings (if not submitted with the application) ;`:'j; Z. Funds shall not be released until the Oklahoma Department of Commerce verifies that the Contractor has an acceptable financial management system in place. 2. The contract shall be performed in accordance with issuances by the Oklahoma Department of Commerce and the Contractor's program proposal and budget as approved by the Oklahomaiy Department of Commerce. Said program proposal, approved modifications, and budget are hereby incorporated as a part ^rnJy, of this contract. Revisions in said program proposal and budget must be approved in writing in advance by the Oklahoma l� r� YJy,• Department of Commerce. 3. The Contractor, consistent with representations of the E: °tip Contractor and the Company made in their funding request, <_ ='•;:j Oklahoma Department of Commerce negotiations and all Oklahoma Department of Commerce approved modifications, shall beiy; responsible for ensuring and documenting that, of the twenty- seven (27) new jobs to be created over a three (3) year period, a minimum of fourteen (14) jobs (51% of twenty -seven (27]) were either made available to or held by low and moderate income persons. The Contractor shall ensure that the Company provides training, where necessary, for jobs requiring: ='� special skills or education. 4. The Contractor shall obtain written approval from the Oklahoma Department of Commerce if the Company does not hire the required fourteen (14) (51% of the total jobs) low and moderate income persons and the Contractor desires to meet this requirement by using an adequate proportion of low and moderate income persons given first consideration. 5. The Contractor shall ensure that the Company abides by all .� certifications required by the Community Development Block Grant, Economic Development Financing Program, and provides = quarterly project progress and job creation reports to the a C Ilk CDBG ED III - 4 of 6 Contractor in order that the Contractor can provide such- reports to the Oklahoma Department of Commerce. 6. The Owasso Economic Development Authority, on the Contractor's ' behalf, shall make a loan to the Company of $225,000 (Two Hundred Twenty -Five Thousand Dollars) for the project in the form of a subordinated Debenture under the terms as outlined in Attachment "A" of this Contract. ' 7. The Debenture will be secured by a third lien on machinery and equipment now owned and hereafter acquired; a second lien on accounts receivable, inventory, furniture and fixtures, w contracts, contract rights, now owned and hereafter acquired, and all accessories, adhesions, substitutions, products, and ' proceeds thereof; key -man life insurance on Jerry Fidler, Sr., in an amount sufficient to cover the outstanding balance of the Debenture; the unlimited personal guaranties of Jerry Fidler, Sr., and Linda S. Fidler. 8. The Contractor shall provide to the Oklahoma Department of t Commerce timely payments of program income and status reports that are consistent with its Certification of Choice of Program Income Disposition form and its final amortization schedule. Program income is determined to be all loan repayments of principal and interest from the Company to the Contractor. This definition is not all- inclusive and is meant only to cover the loan repayments. 9. The Contractor shall notify the Oklahoma Department of Commerce in writing of all loan payments that are in default thirty -five (35) days or more. 10. The Contractor shall notify the Oklahoma Department of r Commerce in writing upon enactment of the Retirement Suspense Provision of the Debenture as set forth in Attachment "A" of ' f_ this Contract, and shall obtain and provide a status report of the SBA and Bank Promissory Notes, the report shall include ' the following: a. Date last paid; b. Date paid to; C. Number and Due dates of past -due payments; d. Amount of payments and total amount past due; e. Current principal balance. 11. The Oklahoma Department of Commerce will monitor the original Economic Development project until all proposed jobs have been achieved. 12. The Contractor may request programmatic certification that all required State and National Objectives of the project have been met. These include: a. Creation of a minimum of 51% of the total proposed jobs to benefit households which are low and moderate income; 51% of the total twenty -seven (27) jobs to be created shall be defined as fourteen (14) jobs; +� b. All contract funds must be expended for the activities M funded; tt` C. Approval by the Oklahoma Department of Commerce of the Contractor's written Re -Use Plan for program income. The Contractor may retain program income after CDBG ED III - 5 of 6 programmatic certification has been received only in accordance with the "Certification of Choice of Program Income Disposition ". Program income retained by the Contractor shall be used for activities that meet one of the National Objectives in 24 CFR 570.901 and the eligibility requirements as required by 24 CFR 570.504, #5. The Contractor cannot close out the contract until the total projected jobs (twenty -seven [27]) have been created. 13. The Contractor shall be responsible for initiating workout of the loan and /or restructuring proceedings, if the Company encounters operating problems which jeopardize the safety and security of the loan .and /or create situations whereby the Company cannot achieve its employment projections. This shall consist of documenting all efforts taken to assist the Company in a loan workout situation, or, if necessary, foreclosure of the Company's loan. The Contractor shall notify the Oklahoma Department of Commerce immediately of such situations and it shall document its project files of these activities. Documentation shall consist of an initial assessment of the project, its status, the determination of significant problems and proposed workout strategies. The Contractor shall carefully monitor the Company situation and shall be responsible to develop and carry through all workout or restructuring activities. 14. The Contractor shall act in a prudent and expeditious manner W. in situations where the Company is failing to make its loan repayments, or is encountering operating problems which ^tI threaten the safety and security of the loan and a turn -e4� around /restructure is unlikely or ill- advised. The Contractor a shall proceed expeditiously with foreclosure and liquidation o proceedings prior to additional liabilities mounting and while ;fit there still are sufficient assets to cover creditors' claims._ The Contractor and the Owasso Economic Development Authority shall make all efforts to maintain good relationships with financing sources and ensure that communication is prompt and direct. The Contractor shall proceed in the face of default with recovering all collateralized assets and shall sell such r c assets to collect against the outstanding balance of the loan.: The Contractor shall consult with an attorney before proceeding with foreclosure and liquidation against the _M Company. The Contractor shall send copies of all documents to the Oklahoma Department of Commerce. 15. In the event of a loan default by the Company, the Contractor may be obligated for repayment of contract funds to the State only if the default resulted from the Contractor's failure to use prudent judgment and sound management practices in administering the project's loan, including the approval, disbursement, monitoring and enforcement of collection of the loan in the event of a default. The Contractor shall not be held liable for default resulting from economic or other conditions determined by the Oklahoma Department of Commerce to be reasonably beyond its control. 16. The Contractor shall provide to the Oklahoma Department of Commerce the following reports: a. Monthly Expenditure Report; 0 1 CDBG ED Attachment A - 1 of 3 WOODS PRECISION PRODUCTS, INC. ' CITY OF OWASSO ATTACHMENT 'A' $225,000.00 Subordinated Debenture ' Amount: $225,000.00 debenture bearing interest at the fixed rate of 10% ' with a seven (7) year maturity. Retirement of Issue: The debenture is to be retired according to the following terms, subject to the special conditions discussed in the sections to follow: Time Period Retirement Schedule Months 1 -18 $100.00 per month, applied to interest. Remaining interest and principal deferred. Interest which accrues will be capitalized and retired over the remaining term. Months 19 -30 Monthly payments of principal and interest in the amount of $3,000.00, approximating a ten (10) year amortization of the original amount. Months 31 -42 Monthly payments of principal and interest in the amount of $3,700.00 per month, approximating a seven (7) year amortization of the original amount. Months 43 -84 Monthly payments of principal and interest in the amount of $4,781.00 per month, approximating a five (5) year amortization of the original amount. Maturity Date Balance of unpaid principal plus accrued interest due. Retirement Suspense Provision: The Retirement Schedule will be suspended in the event the Company's net operating cash flow is insufficient to maintain debt service on either of the following: (1) The Promissory Note to Liberty Bank of Owasso in the amount of $267,500.00 (or lesser amount, depending upon final negotiations regarding the $60,000.00 Letter of Credit and $30,000.00 additional cash raised); (2) The Promissory Note to the Small Business Administration 504 Lender in the amount of $214,000.00 (or lesser amount, depending upon final negotiations regarding the $60,000.00 Letter of Credit and $30,000.00 additional cash raised); or (3) The Debenture issued by CDBG. Net Operating Cash Flow is defined as: Net Income After Tax • Depreciation Expense • Increases (Decreases) • Increases (Decreases) • Increases (Decreases) • Increases (Decreases) - Increases (Decreases) - Increases (Decreases) - Increases (Decreases) and other non -cash expenses in Accounts Payable in Accrued Expenses In Taxes Payable in officers' Compensation i:i Accounts Receivable in Inventory in Prepaid Expenses Equals Net Operating Cash Flow CDBG ED Attachment A - 2 of 3 The automatic initiation of the Retirement Suspension Provision will occur upon notice of insufficient Net Operating Cash Flow. Evidence of insufficient Net Operating Cash Flow shall be defined as three months' past -due payments on either Promissory Notes ,#1 or 12 above. The debenture instrument will require that, in the event the Company cannot make all debt payments to the bank(s), to the SBA under the terms of Promissory Notes 11 and 12, and to the CDBG - EDF debenture, the Company shall pay all three, in turn, on a rotation basis until such time as either Promissory Notes 11 or 12 are three (3) payments past due, at which time, this automatic Retirement Suspense Provision will be enacted, and payments on the CDBG -EDF debenture will be deferred for a period to be determined as follows: The length of term of the Suspension of the Retirement Schedule shall be calculated as: The total amount required to maintain current monthly payments on Promissory Notes 11 and 12, plus pay all past -due payments on Promissory Notes 11 and 12; Divided by: The amount of the scheduled retirement payments on the CDBG debenture at the time of suspension; Plus: One Month Equals: The number of months of CDBG debenture retirement payments to be suspended, which is an equivalent amount of debenture payments necessary to devote to the SBA and bank notes (Promissory Notes 11 and 12) to restore and maintain current status, plus a one -month period to accrue additional working capital reserves. The delinquency on Notes 11 and 12 may be cured at any time and the Retirement Schedule reinstated according to the Reinstatement Provision of the debenture. Reinstatement Provision: Each time the Retirement Schedule is interrupted by the Retirement Suspense Provision, it may be reinstated at any time, whether the time period calculated according to the Retirement Suspense Provision has expired or before, if both Promissory Notes 11 and 12 are brought current. Payments shall be reinstated at the amount and the Retirement Scheduled resumed at the point at which it was interrupted, and not at the amount or time period of the Retirement Schedule in which reinstatement occurred. If payment premiums as provided for under the Performance Payments Provision were in effect at the time of the interruption, the reinstated payments will include the Performance Provision premium to the next annual review date, unless specifically waived in writing by the Oklahoma Department of Commerce. Interest which accrues during the term of the suspension shall be capitalized monthly. The effect of suspension of the Retirement Schedule shall be to increase the amount due at Maturity Date of the debenture. CDBG ED Attachment A - 3 of 3 Performance Payments Provision: Beginning at the end of year two (2) of the Retirement Schedule., and based on the fiscal year -end tax returns and fiscal year -end financial statements of the preceding year, the Company's performance will be evaluated and the payments for the current year shall include a premium amount until the next annual review date, to be calculated as follows: Payments shall be the greater of: The amount required by the Retirement Schedule, subject to any adjustments required in the Reinstatement Provision, or; The amount required by the Retirement Schedule: + 33$ of the previous year's Net Operating Cash Flow - Credit given for payments received in the previous year Equals Premium Payment based on Performance Divided by 12 (to be paid in monthly installments during the year) For example, assuming no suspension of the Retirement Schedule in year two (2), and given net operating cash flow in year two (2) of $290,000.00 (as projected), the payments in year three (3) would be calculated as follows: $3,700 from the Retirement Schedule Plus the product of: ($290,000.00 x 33 %) - $96,667.00 Less: Payments received in year two (2) _ $3,000 x 12 _ $36,000.00 Equals $60,667.00 Divided by 12 monthly installments Equals $5,055.00 performance premium Equals monthly payments in year three (3) of $3,700.00 + $5,055.00 = $8,755.00. collateral: The debenture will be secured by a third lien on machinery and equipment now owned and hereafter acquired, a second lien on accounts receivable, inventory, furniture and fixtures, contracts, contract rights, now owned and hereafter acquired and all accessories, adhesions, substitutions, products, and proceeds thereof; key -man life insurance on Jerry Fidler, sr., in an amount sufficient to cover the outstanding balance of the debenture; the unlimited personal guaranties of Jerry Fidler, Sr., and Linda S. Fidler. V OKLAHOMA DEPARTMENT OF COMMERCE DIVISION OF COMMUNITY AFFAIRS AND DEVELOPMENT CDBG BUDGET Name of Contractor: City of Owasso, Oklahoma Contract No.: 4626 CDBG ED 90 Address: 207 S. Cedar, Owasso, OK 74055 Contract Period: January 24, 1991 through January 23, 1992 PROGRAM ACTIVITY For ODOC BUDGET Use Only ED Working Capital 551240 $225,000.00 I certify that the budget above is required to accomplish the project in accordance with the terms and conditions of the contract. Signature of Authorized Official February 7, 1991 Date Z 2 MEMORANDUM TO: Honorable Mayor Thompson and the Owasso City Council through R. J. Ray, Owasso City Manager FROM: Richard Hall, Owasso Economic Development Department SUBJECT: Requested approval of the City Council of the Oklahoma Department of Commerce Community Development Block Grant - Economic Development Financing Contract Number 4626 CDBG ED 90 to fund Woods Precision Products, Inc. DATE: February 1, 1991 BACKGROUND: A team of local bankers, buyers, businessmen, lawyers and economic development specialists has been working for several months to move the Woods Precision, Incorporated machine shop business to Owasso. I believe that we are nearing the end of the financing process. The company will be funded by a financial package that contains three components. The C.D.B.G. - E.D.F. loan of $225,000; a Small Business Administration 504 loan of $214,000; and bank loans from Liberty and First banks of Owasso totaling $267,000 will be necessary to purchase equipment and start the company. The new owner also will contribute $53,500 in equity to the deal. The machine shop will be located at 8255 N. Garnett Road, Owasso. The building is current vacant and zoned IL, Light Industrial. The new company will employ eighteen (18) individuals. Within three years seven (7) new jobs will be added for a total of twenty -five (25) full time employees. The financing process has had a lengthy history: I first prepared the C.D.B.G. - E.D.F. loan application which was submitted and approved by the Oklahoma Department of Commerce. That loan application was approved by the City Council at its September 18th meeting.-The Department of Commerce approved the loan in the full amount on November 14, 1990. With City Council authorization, Mayor Thompson signed and returned a commitment letter to the Department of Commerce that allowed the preparation of the attached loan contracts. Preparation of the two other portions of the financial package was continuing while work on the CDBG loan was underway. Concerns by the Small Business Administration changed the financing tactics that we had originally planned. Under the present financing plan, if the company is unable to meet its debt service, the Department of Commerce will suspend its the debt service to its loan until the financial situation of the company is improved. Debt service to the ODOC loan will then be resumed. CITY COUNCIL RECOMMENDED ACTION: I recommend City Council approval of the attached Oklahoma Department of Commerce Community Development Block Grant - Economic Development Financing Contract Number 4626 CDBG ED 90. .1 207 SOUTH CEDAR PHONE 272 -2251 City of Owasso ;f� vrr Februar 4,11991 Mr. Frank Enzbrenner, President Liberty Bank of Owasso 11633 East 86 Street North Owasso, Oklahoma 74055 Re: Woods Precision Pro( corporation; Oklahot City of Owasso, Okla 4626CDBGED90; Lette: nanc Dear Mr. Enzbrenner: OWASSO, OKLAHOMA ' 74055 lucts, Inc., an Oklahoma a Department of Commerce - homa - CDBG Agreement No. of Approval of Interim In accordance with your requ f, I qm corresponding for pur- poses of advising you�hatL-on —t-h e ruaryy! 1�9��, the City Council of the City o w 1 oma, reso arft its approval for the proposed interim nancing of Woods Precision Products, Inc., by Liberty Bank of Owasso, Oklahoma, in the amount of $225,000. Specifically, the approval for interim financing as granted by the City of 'Owasso, Oklahoma, as required by the Oklahoma Department of Commerce pursuant to correspondence dated January 18, 1981, is that upon the occurrence of the release of funds obtained pursuant to the above - referenced CDBG EDF contract, such funds may be used to pay Liberty Bank of Owasso, Oklahoma, as repayment of the interim financing. Understandably, this approval given is conditional to the extent that such approval, as well as any reliance thereon, is dependent upon the Oklahoma Department of Commerce and the City of Owasso, Oklahoma, entering into the above referred to contract, as well as all conditions and limitations pertaining to interim financing as outlined in the correspondence from the Oklahoma Department of Commerce addressed to myself as Mayor of the City of Owasso, Oklahoma, such being dated January 18, 1981, being met. In that regard, it is understood that if release of funds pursuant to the above referred to contract is not achieved, then the City of Owasso, Oklahoma, has no liability arising by virtue hereof to provide funding to either the company or to Liberty Bank of Owasso. Mr. Frank Enzbrenner, President February 4, 1991 Page 2 I hope the foregoing meets with your needs in regards to the proposed interim financing. Very truly yours, Mark Thompson, Mayor City of Owasso, Oklahoma ' 02011.002 ' i C AIMoRnivnuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: CITY MANAGER'S REPORT DATE: October 28, 1994 MANAGERIAL: WINTER WONDERLAND - The "Lights -On" ceremony for Winter Wonderland has been scheduled for December 5, 1994 at 6:30 PM at Friendship Park. The "Lights -On" ceremony this year will feature both the Pride of Owasso Marching Band and the Owasso High School Chorus, with a fund- raising activity taking place at the ceremony to assist the Pride of Owasso Marching Band with their trip to the Tournament of Roses parade in Pasadena, California on New Year's Day. Winter Wonderland decorations will be placed at Friendship Park and Rayola Park on Saturday, November 19, 1994 from 8:00 a.m. to 2 :00 p.m. by the Owasso Employee's Association, in conjunction with Network Owasso volunteers. Coffee and donuts will be provided that morning for all who are willing to work. COMMUNITY DEVELOPMENT: BOARD OF ADJUSTMENT - The Owasso Board of Adjustment held its regular meeting on Tuesday, October 25, 1994 at 7:00 p.m. in the Owasso Community Center. The Board unanimously approved a request for a deviation of the required rear yard setback in an RS -3 (Residential Single - Family High Density) zoning district. The subject property was located on CITY MANAGER'S REPORT October 28, 1994 Page 2 Lot 10, Block 2 of Broadmoor Heights subdivision (formerly Double Oaks Estates), more particularly described as 12305 E 79th Street North. PLANNING COMMISSION - The Owasso Planning Commission will conduct its regular meeting on November 8, 1994 at 7:00 p.m. in the Owasso Community Center. The only item to be reviewed at that meeting will be a Preliminary Plat for Caudle Estates. Caudle Estates, a proposed 20 lot RS -2 (Residential Single - Family Medium Density) addition, is to be located west of the southwest corner of East 96th Street North and Garnett Road. This was both a recent annexation and zoning item before the City Council. FIRE SERVICES• NEW UNIFORMS - Enclosed in your packet is a proposal developed by an employee team from the Owasso Fire Department. The team, working in conjunction with Chief Allen, has proposed a change in the firefighter work uniform. I have met with Chief Allen and the uniform committee for the purpose of discussing their proposal, and the research contained in that proposal. Based on my review of the report and those discussions, I believe the proposal is valid and will benefit the department and the City. Generally, the proposal initiates a first step toward a safer and more easily identifiable work uniform. The uniform would consist of denim pants and "pullover" shirts. As proposed by the committee, the uniform is cost effective and will meet some of the NFPA 1500 safety requirements. The long term objective would be to meet the complete NFPA 1500 safety requirements during the next several years. Please note that the proposal does not change the current dress uniform or any jackets currently utilized by the department. It is only the work uniform that is suggested to be changed. Generally, the proposal would purchase two sets of denim trousers, two long - sleeved work shirts, two short sleeved work shirts at a total cost per person of $217.00. It is my intent to place this item on the agenda for your consideration during the November 14th regular meeting. Funding for the proposal is contained in the capital outlay section of the fire department budget. If you have questions, please contact Chief Allen or me. CEMETERY: Construction of the decorative fence at Fairview Cemetery is scheduled to begin on November 3rd. In order to prepare for the work, Public Works Department personnel have removed the old chain link fence and the entrance sign. The entrance sign is being stored until a determination has been made concerning its future use. .6 CITY MANAGER'S REPORT October 28, 1994 Page 3 RECREATION CENTER: ■ COMING ATTRACTIONS - November 3, 1994, 2nd year NYSCA Coaches Clinic; ' November 5, 1994, Karate Tournament, 12:00 noon to 4:00 p.m.; November 11, 1994, City Employees 2nd Annual Chili Cookoff, 6:00 p.m. to ? ? ?; November 12, 1994, Mighty Dog Dash (2 mile run), 9:00 a.m.; November 19, 1994, Winter Wonderland Set Up, 8:00 a.m. to 2:00 p.m.; December 5, 1994, Craft Show, 9:00 a.m. to 5:00 p.m. The Center will be closed November 24 thru November 27, 1994 for the Thanksgiving holiday. ' Staff will use that time to strip and wax the gym floor to get ready for F.O.R. to begin basketball games on December 1. ■ PARK MAINTENANCE: PARK REPAIRS - The Rayola Park jogging trail repair is approximately 80% complete. The overlay of the trail should be completed by the end of November, weather permitting. A recent review of the Elm Creek Park jogging trail, which went through a similar repair last year, indicates only a few problem areas. In addition to the review of the Elm Creek jogging trail, the east bridge and path safety polls were recently painted and barrier chains were also added to these polls. Older playground equipment located in the park is also scheduled to be painted by the end of next week. r WATER DISTRIBUTION: ■ WATER LINE REPLACEMENT PROJECT - Construction of the new water lines to replace the old cast iron mains started on October 3rd. To date, lines have been installed in the area ' east of Highway 169 and south of 76th Street North and North Birch between 2nd and 3rd Streets. The work is progressing on schedule. ' During the construction process, locations of existing utilities are made by City Water Distribution Division personnel. Due to the age of the infrastructure, lack of adequate mapping and location of other facilities, accurate locations are sometimes difficult to make. As a result, ' water service to some residences have been unexpectedly cut by the contractor. Whenever service has been cut, the contractor or City has diligently made repairs to the affected service. It is our objective to restore service as quickly as possible when a customer is out of water. ATTACHMENTS 1. Contract Status Report 2. Lawsuit Status Report ' 3. Golf Course Profit/Loss Statement �i t t I .1 CONTRACT STATUS REPORT Octobser 28, 1994 PROJECT ADVERTISE FOR BIDS BID OPENING AWARD BID NOTICE OF AWARD BONDS IN PLACE PRE- CONSTRUCTION MEETING NOTICE TO PROCEED % OF COMPLETION TO DATE PROJECTED COMPLETION DATE 76th Street North Improvements APAC- Oklahoma Empire Construction 4/28/94 5/26/94 6/7/94 6/8/94 7/26/94 8/22/94 8/22/94 25% 11/94 Water Line Replacement Jepco 6/17/94 7/14/94 8/16/94 8/18/94 9/12/94 9/27/94 10/3/94 10% 4/95 96th & Garnett Signalization Bee -Line Traffic Control 7/14/94 8/26/94 10/18/94 10/19/94 Manhole & Sewer Line Replacement 9/29/94 11/2/94 Owasso Sports Park Phase II Fencing 10/27/94 11/29/94 L_ I I I I I I I I I C:\WPDATAT0RMS\C0NTRACr.FRM MRB LAWSUIT STATUS REPORT September 30, 1994 C:\WPDATA\LEGAL\LAWSUTTS.FRM MRB DATE DATE DATE OF FILED BY RECEIVED TYPE REFERRED TO REFERRED STATUS DISPOSITION DISPOSITION Doris Bull, Sharon 3/30/94 Negligent maintenance of OMAG 3/30/94 Received by City; Referred to King & John King emergency vehicles & Risk OMAG; OMAG declined in State Dist Ct Management of coverage; Risk Management Oklahoma of Oklahoma accepted coverage & assigned Dunnery, Daniel & Baker to provide defense; In Discovery stage Safety National 7/8/94 Contract action claiming fees City Attorney 7/15/94 Entry of Appearance filed; Casualty Company investigating; in State Dist Ct Answered Petition & Discovery Richard Parsley in 10/11/94 Action for recovery of attorney City Attorney 10/12/94 Motion for Summary State Dist Ct fees and costs Judgment in City's favor Filed 10/27/94 C:\WPDATA\LEGAL\LAWSUTTS.FRM MRB OTHER INCOME & FIXED EXPENSES OTHER MISCELLANEOUS INCOME 0.00 BAILEY GOLF RANCH 0.00 -- ----- - - - --- ----- 0.00 --- - - - -- ------- 0.00 - ----- TOTAL OTHER INCOME ---- ---- - - --- -- 0.00 PROFIT (LOSS) BY OPERATION 0.00 0.00 0.00 FIXED CHARGES 0.00 3 Periods Ended Sep 30 94 0.00 0.00 0.00 INTEREST EXPENSE CURRENT BUDGET PRIOR YR CURRENT BUDGET PRIOR TOTAL FIXED EXPENSES MONTH - - --- -- MONTH -- - - -- MONTH -- - - - - -- YTD - -- - - --- YTD - ----- YTD - - -- -- NCOME --- --- - - -- - -- ---- 15,765.92 --- - - - - -- 66,538.00 -- -- --- - - - - -- 47,476.47 --------- --- 49,951.18 -- ----- - - - --- 182,637.00 ------ - -- - - -- 74,903.61 GOLF CART OPERATIONS 24,633.50 29,159.00 26,202.00 83,406.50 87,826.00 52,014.00 GOLF SHOP OPERATIONS 82,958.73 91,519.00 84,784.90 240,184.33 270,070.00 181,989.81 FOOD & BEVERAGE OPERATIONS 19,685.28 22,988.00 17,796.90 58,281.92 68,004.00 33,207.96 GENERAL & ADMINISTRATIVE 523.89 150.00 --- --- - -- 221.25 -- --- -- - -- - -- 1,543.84 ---- --- - - ---- 450.00 ---- --- - -- - -- 235.17 --- --- - - -- --- TOTAL INCOME - ----- --- - - -- 127,801.40 ---- 143,816.00 129,005.05 383,416.59 426,350.00 267,446.94 COST OF SALES FOOD & BEVERAGE OPERATIONS 7,136.68 7,857.00 -- 5,412.56 ------- - - - - -- 20,093.85 - --- -- --- ---- 23,243.00 ----- ----- - -- 10,633.66 -- ------ - - --- TOTAL COST OF SALES ---- --- - - - - -- 7,136.68 ------- - - - - 7,857.00 5,412.56 ------ - -- - - -- 20,093.85 ------ ----- -- 23,243.00 -- --- -- -- - - -- 10,633.66 - ------ - - - - -- GROSS PROFIT ----- -- - ----- 120,664.72 ----- --- - - --- 135,959.00 123,592.49 363,322.74 403,107.00 256,813.28 )EPARTMENT EXPENSES GOLF CART OPERATIONS 8,199.80 8,777.00 7,186.21 26,371.20 28,043.00 12,471.22 GOLF SHOP OPERATIONS 10,329.35 9,029.00 11,710.73 30,102.00 31,188.00 26,820.35 GOLF COURSE OPERATIONS 27,055.83 31,015.00 35,095.25 83,067.07 98,207.00 88,581.67 FOOD & BEVERAGE OPERATIONS 3,246.31 3,978.00 4,978.30 12,309.99 13,232.00 11,684.69 CLUBHOUSE OPERATIONS 9,541.71 5,365.00 6,948.42 15,791.73 16,095.00 16,228.22 GENERAL & ADMINISTRATIVE 12,568.06 11,257.00 10,197.11 ---- --- - - - - -- 34,181.35 ------ - - - - - -- 33,705.00 - --- --- -- - - -- 26,123.52 ------- - ----- TOTAL EXPENSES - ------ --- - -- 70,941.06 --- ---- - -- --- 69,421.00 76,116.02 201,823.34 220,470.00 181,909.67 NET PROFIT (LOSS) ---- -- ---- - -- 49,723.66 --- ---- -- - --- 66,538.00 --- ---- - - - - -- 47,476.47 ---- --- - - - - -- 161,499.40 - ---- -- - --- -- 182,637.00 --- ---- - -- --- 74,903.61 OTHER INCOME & FIXED EXPENSES OTHER MISCELLANEOUS INCOME 0.00 0.00 0.00 ------- ---- -- 0.00 -- ----- - - - --- ----- 0.00 --- - - - -- ------- 0.00 - ----- TOTAL OTHER INCOME ---- ---- - - --- -- 0.00 ----- ------ 0.00 0.00 0.00 0.00 0.00 FIXED CHARGES 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST EXPENSE (33,957.74) 0.00 0.00 --- - - - - - -- (111,548.22) - ----- --- - - -- 0.00 -- ----- -- ---- - 0.00 ---- ---- -- -- TOTAL FIXED EXPENSES --- ------ - - -- ---- (33,957.74) ---- --- -- 0.00 --- 0.00 (111,548.22) 0.00 0.00 TOTAL NET PROFIT (LOSS) --- --- - - -- - -- ---- 15,765.92 --- - - - - -- 66,538.00 -- -- --- - - - - -- 47,476.47 --------- --- 49,951.18 -- ----- - - - --- 182,637.00 ------ - -- - - -- 74,903.61 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: SUPPLEMENTAL CITY MANAGER'S REPORT DATE: November 1, 1994 MANAGERIAL: PE,RSONNEL - the following personnel actions have taken place since the last report: Fire Department - Ms Teresa Herleth has been employed in a clerical position with the department. Ms Herleth is an Owasso resident and will begin her employment at a starting pay rate of $7.00 per hour. Parks Department - One employee has been laid off due to the seasonal nature of the job. The concept will be to employ two temporary employees during the summer months using the savings from having only two full time employees or staff during the late fall, winter and early spring months. That concept will give us four park employees during heavy work load months, but will still keep two year around employees to accomplish winter construction and repair projects. NOTE: The personnel clerk currently lists three vacancies; one in the police department (police officer), one in vehicle maintenance (mechanics helper), and one in the community center (clerical). OVERLOADED CONCRETE TRUCKS - Attached are letters to concrete companies that have recently supplied concrete to construction projects in Owasso. These letters were sent in response to information indicating that ready -mix companies are transporting more concrete than allowable by weight limits. Please note that the staff is currently preparing letters to developers requesting that we be given access to load tickets to help determine if trucks are running heavy. Additionally, we have requested random weight checks from the Oklahoma Corporation Commission and Highway Patrol Weights Division. Response from the concrete companies has been, of course, to deny overloading their trucks. If, however, we get access to the load tickets, we should be in a position to verify or challenge their assertions. I will keep you informed, SUPPLEMENTAL CITY MANAGER'S REPORT November 1, 1994 Page 2 however, you should expect to see trucks being weighted as a result of the request made for help. NEIGHBORHOOD MEETING - A neighborhood meeting has been scheduled for the area north and east of Owasso that is experiencing low water pressure. Also included in that meeting are Windsor Lake residents. The meeting is scheduled for 6:30 p.m., Thursday, November 10th, in the Community Center. A copy of the letters that were mailed and a meeting notice are attached for your review. COMMUNITY DEVELOPMENT: BUILDING PERMITS - Residential building permits continue to show strength. October permits were up from last year, making the eighth straight month with an increase over the same month in 1993. Based on projections, we should end the year with approximately 164 new residential permits. If that prediction is accurate, 1994 will have been the second biggest building year in the past ten years (exceeded only by 1986). Additionally, we estimate that the investment made by builders now exceeds fifteen million dollars for 1994, already a record investment for Owasso. Based on a total of 164 permits, the total builder investment for 1994 should be approximately $17,000,000 by the end of the year. Permit reports are attached for your review. WASTEWATER LINE REHAB CDBG REQUEST - The $200,000 CDBG grant, requested to assist in the repair and replacement of wastewater lines, has been denied funding for 1994. However, the good news is that we were placed on the funding list at the number 30 position. According to Andy Armstrong of INCOG, that position should mean the grant will be made in next years funding "cycle". The correspondence is attached for your review. RECREATION CENTER: PAINTING CONTRACT - The Recreation Center staff has requested that funds be expended to paint the interior of the gymnasium and the activity room. This is a priority project for the Center and was included in the 1994 -95 budget appropriation (page 54) at $2000. Quotes have been solicited, and it appears that the cost of the project will be $1200. A more detailed memorandum from Ms Worley is attached for your review. If you have questions, please call Ms Worley (272 -1161) or me, or drop by the Recreation Center to see the area under discussion. I intend to place this request on the November 14th agenda for your consideration. SUPPLEMENTAL CITY MANAGER'S REPORT November 1, 1994 Page 3 ECONOMIC DEVELOPMENT: NATIONAL STEAK AND POULTRY - The Public Works Department has developed and distributed a "Request for Proposals" to engineers who may be interested in a contract with the City to design the infrastructure improvements (water, sewer, street) that are a part of the NSP relocation package. Staff expects the RFP's to be returned by November 2nd. They will then be reviewed and evaluated for a recommendation to the City Council during the November 14th meeting. All other items relating to the NSP relocation are progressing well without major obstacles at this point. If you have questions, please call me or the OEDA Chairperson, Tom Kimball ATTACHMENTS 1. Correspondence to Concrete Companies 2. Correspondence to 96th Street Area Residents RE: Neighborhood Meeting 3. Building Permit Reports 4. Correspondence from ODOC RE: CDBG Grant 5. Memorandum RE: Painting Recreation Center Interior 6. Correspondence RE: National Steak and Poultry 207 South Cedar PO Box 180 Owasso, OK 74055 October 20, 1994 Mr. Brian Doyal Engineer Arrow Concrete 1601 East Houston Broken Arrow, OK 74012 Dear Mr Herd, City of Owasso (918) 272 -2251 FAX (918) 272-4999 It has recently come to my attention that some "ready- mix" concrete transport vehicles are transporting loads that are in excess of the lawful weight limits as prescribed by Oklahoma statutes. Specifically, there are indications that vehicles supplying concrete for the Central Park addition, Barrington Point addition, and Camden Park addition are traveling city streets (129th East Avenue) with loads comprised of as much as twelve yards of concrete. Based on industry data, it is the city's position that such loads weigh in excess of the limits prescribed by law. Please consider this correspondence as official notification that the City of Owasso will initiate any action necessary to protect the taxpayers investment in our transportation system. Those initiatives may include the random weighing of vehicles transporting concrete, public news releases to make citizens aware of the cost of repair or replacement of streets damaged by overloaded vehicles, and necessary legal action to recover costs expended in repairing damaged streets. Further, as a part of our research, we plan to request copies of load tickets from developers to verify the size of loads being transported on our streets. That information will be utilized to specifically determine causal relationships and who may be a contributing party to the damage on city streets. While legal action may not, in the final analysis, be necessary, it certainly is in the best interest of our community that we be prepared for such in the event of a need for follow -up action. In addition to the above notification, the purpose of this letter is also to request the assistance of your company in this matter. Self policing by the "ready -mix" industry could avoid costly and time consuming legal action. It could also pave the way for the kind of public sector /private sector relationships that produce good bottom lines for both. I hope your company will voluntarily take the action necessary to ensure your vehicles are properly loaded, and that the payloads are within the allowable limits set by law. Your cooperation in this matter will be appreciated, and will help save our community's streets. Should you have questions or comments regarding this matter, please don't hesitate to call me at 272 -2251. S'ncer y, Rodney J Ray City Manager Mayor Duke City Council City Attorney 207 South Cedar PO Box 180 Owasso, OK 74055 October 20, 1994 Mr. Fred Herd Sales Manager Mid Continent Concrete P.O. Box 3878 Tulsa, OK 74102 Dear Mr Herd, City of Owasso (918) 272 -2251 FAX (918) 272 -4999 It has recently come to my attention that some "ready -mix" concrete transport vehicles are transporting loads that are in excess of the lawful weight limits as prescribed by Oklahoma statutes. Specifically, there are indications that vehicles supplying concrete for the Central Park addition, Barrington Point addition, and Camden Park addition are traveling city streets (129th East Avenue) with loads comprised of as much as twelve yards of concrete. Based on industry data, it is the city's position that such loads weigh in excess of the limits prescribed by law. Please consider this correspondence as official notification that the City of Owasso will initiate any action necessary to protect the taxpayers investment in our transportation system. Those initiatives may include the random weighing of vehicles transporting concrete, public news releases to make citizens aware of the cost of repair or replacement of streets damaged by overloaded vehicles, and necessary legal action to recover costs expended in repairing damaged streets. Further, as a part of our research, we plan to request copies of load tickets from developers to verify the size of loads being transported on our streets. That information will be utilized to specifically determine causal relationships and who may be a contributing party to the damage on city streets. While legal action may not, in the final analysis, be necessary, it certainly is in the best interest of our community that we be prepared for such in the event of a need for follow -up action. In addition to the above notification, the purpose of this letter is also to request the assistance of your company in this matter. Self policing by the "ready -mix" industry could avoid costly and time consuming legal action. It could also pave the way for the kind of public sector /private sector relationships that produce good bottom lines for both. I hope your company will voluntarily take the action necessary to ensure your vehicles are properly loaded, and that the payloads are within the allowable limits set by law. Your cooperation in this matter will be appreciated, and will help save our community's streets. Should you have questions or comments regarding this matter, please don't hesitate to call me at 272 -2251. Sin rel , Rodney J Ray City Manager c: Mayor Duke City Council City Attorney 207 South Cedar PO Box 180 Owasso, OK 74055 October 31, 1994 Dear Customer: City of Owasso (918) 272 -2251 FAX (918) 272 -4999 As a result of recent changes in the source of your water supply, you and your family may have noticed a drop in the water pressure available at your residence. Our evaluation of the system indicates that the average water pressure in your area fell from 71 psi to 45 psi when the change in the source of supply was made. While a decrease of your water pressure was anticipated (with the changeover from the rural water district to the city's supply source), the magnitude of the'actual reduction was not expected to be as great as it has been. The city staff has explored several options that may be available to increase the existing pressure in the affected area. In fact, the City Council recently took action to fund an engineering review of that part of the system and pinpoint the cause, as well as the best solution, of the water pressure problem. Several weeks ago, in a conversation with two residents of the area, I suggested that a "neighborhood meeting" to discuss this problem and to update the residents as to our progress, would be a good method of letting you know where we are on this project, and of getting your input relating to the extent of the problem. The purpose of this letter, therefore, is to invite you to a meeting of the people who live in your area so we can discuss the water pressure problem with the people most affected. Representatives from the city's management staff will be on hand to make a brief presentation, answer your questions, and address any of your concerns. I hope your schedule will allow you to participate in this neighborhood forum. We often conduct meetings of this type and have discovered that, by communicating, we can work together to effectively solve many problems. Since Rodne ay City Manager C: Mayor Duke City Council Department Directors City of Owasso 207 South Cedar �t °" °°""`°o, (918) 272 -2251 PO Box 180 FAX (918) 272 -4999 Owasso, OK 74055 J � October 31, 1994 Dear Windsor Lake Customer: During the past summer, we received several inquiries relating to the lack of adequate water pressure in the Windsor Lake subdivision. The city staff has developed relevant data relating to this concern and determined that the average water pressure in your neighborhood is 45 psi. While that level of pressure is not a problem in terms of public safety (fire fighting capabilities are not impacted at that level), we do recognize that, in many cases, it is not sufficient to meet our customers' expectation. The city staff has explored several options that may be available to increase the existing pressure in the affected area. In fact, the City Council recently took action to fund an engineering review of that part of the system and pinpoint the cause, as well as the best solution, of the water pressure problem. Several weeks ago, in a conversation with two residents of the area, I suggested that a "neighborhood meeting" to discuss this problem and to update the residents as to our progress, would be a good method of letting you know where we are on this project, and of getting your input relating to the extent of the problem. The purpose of this letter, therefore, is to invite you to a meeting of the people who live in your area so we can discuss the water pressure problem with the people most affected. Representatives from the city's management staff will be on hand to make a brief presentation, answer your questions, and address any of your concerns. I hope your schedule will allow you to participate in this neighborhood forum. We often conduct meetings of this type and have discovered that, by communicating, we can work together to effectively solve many problems. Since y, Rodney J City Manager C: Mayor Duke City Council Department Directors MEETING NOTICE for WATER CUSTOMERS IN THE 96TH STREET AREA Thursday, November 10, 1994 6:30 p.m. Owasso Community Center 301 S Cedar PURPOSE OF THE MEETING IS TO DISCUSS WATER PRESSURE PROBLEMS IN YOUR AREA. QUESTIONS FROM CITIZENS WILL BE DISCUSSED AND CONCERNS ADDRESSED. CITY OFFICIALS WILL BE PRESENT RESIDENTIAL Building Permits (New Construction Counts) Month 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 January 12 7 12 14 4 1 7 8 6 6 9 February 13i y 2 10 3 5 3 4 :. 7 ..:< i 0 March 15 18 14 16 2 7 14 5..... 12 12 15 III ....................... . . 5 1.::. 29 2z> 8.:: >'.;: <:: >:::�::::: >: >:::> ' 9 ....... . 3. >:::: 1� 17 18 May .............................14 22 17 11 8 6 .. 9 10 ... .._. 9 __ 8 ..:........:...... 13 Jung .:::: >::::: >:: >::::: :....... 18. 17* 1 �4.;;: ;:, 1. _::::::: i(t....... i3:.. 18 . July 12 13 19 21 7 10 4 ....:.. 9 10 10 13 August 7; : 12 ; f 9:: >:" i�t t0 IQ; 9 ° ; 20 September 6 10 17 13 11 10 10 14 14 _ .:.:::.............. 12 12 .cio ::. it 17 ... .... 10 .;.... 14 :: 9 17 1 :`. November 15 1 9 5 8 10 1 8 19 13 1:7ecember 0 17; TOTALS 137 145 197 Year to Date 120 134 171 b C A � 136 60 78 84 85 113 111 144 October Year to Date Count 0 0 0 ir M % 1% ME � _I b S 0 0 C) 3 0 Z b 0 c c 0 c 0 U 3 v Z RESIDENTIAL Building Permits (New Construction Dollars) October Year to Date Dollars • •-w — 1w1 — — — 1-1 1W2 19W 1994 New Construction Dollars Totals for Each Year •w- — — 1-1 — tun 1— 1W7 1 992 1993 1994 COMMERCIAL Building Permits (New Construction Counts) Month 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 January 4 0 3 0 0 0 2 2 0 0 1 ................. ............................... € rury.. _.... _ 3': ............. 7 2 4 4 0 0 0 0 < ' `:: ..... 0 March 1 0 2 3 .. ............... 0 ............ 0 0 0 2 1 0 Xa ....................... ............................... .......:::::::.. ...._........_................. .....:....... ............................... t- ..............:........._::...............::.:..:::::::: ......... ............................... ::.:::::.:.:::::::::::::::::::. May 1 0 0 0 1 1 1 2 2 .................... ............0.................3 +I ..itts...`> :<: >:: >:::<::::: ::::::.:: :::::.:.......:. >;:3 ::.: 3 ' _ ... t} 1 . Q::;;.::;:::. - ................ _ 0......... ...... 2° i:..:.. .... tea`:: »:: >::> July 3 2 1 0 1 1 0 1 0 0 . ..............................3 Au ....... 9..: : : ............::::::::::.. 2 {3 0:: >: >:`>`:' 3;:::: >:::: >:: >:: >: >:...1 _ .;::..... 2::::>::::>::::::»::>: ::: >:0:::: >:::: >:: »::::::':4... . ... ............................... :. September 1 1 4 1 0 0 1 0 1 1 0 r2.:: .:::::::: .......................:...........................................................................:::.:.:::::::::::::..::............................... : :: .2..:::::::::::::::0:: ..... a ::::..... I ........ .........'1. :..............'I.. ............ ................. tK ...- C�........ November 3 0 0 0 0 2 2 0 1 ........................... 0 : > :::::.::: ::::.:::,: >; >; tt . .. . TOTALS 26 26 24 12 1 7 13 8 8 12 10 Year to Date 19 25 22 12 0 5 10 7 7 12 10 Includes Churches, Schools, and Government Facilities B o, i O CL b E E E 8 October Year to Date Count C m C C O C z Z c 0 0 oc V z Z COMMERCIAL Building Permits (New Construction Dollars) October Year to Date Dollars 1104 1985 1988 1107 1105 1101 low 1901 Me 11117 1114 New Construction Dollars Totals for Each Year 1954 1985 1980 1967 1988 1101 1990 1111 1992 1993 1994 OCCUPANCY PERMITS NAME ADDRESS STATUS APPLICATION OPENING COMPLETED DATE DATE JANUARY - 1994 Collector's Shelf 9100 N Garnett New 01/12/94 02/07/94 Yes Utica Park Clinic 11650 E 86th St N Location Change 12/28/93 open No Leadership Clinical Syst 118 S Main New 01/07/94 01/14/94 Yes Icky's Three Lakes Laundry 11505 E 83rd St N New Owners 01/20/94 01/15/94 Yes My House 112 S Main New 01/31/94 02/04/94 Yes FEBRUARY Central Fire Station 8901 N Garnett Location Change 02/11/94 03/01/94 Yes Thompson's Auto Sales 11226 N Garnett New 02/14/94 02/18/94 Yes MARCH Owasso Pawn, Inc. 106 E 2nd Ave Location Change 03/09/94 04/01/94 Yes Puzzles 11531 N Garnett New 03/14/94 05/01/94 No Art In Bloom 12806 E 86th St N New 03/18/94 05/02/94 Yes Environmental Elements 8361 N Mingo Valley Exp New 03/24/94 03/28/94 No APRIL Roy D's 300 E 2nd Ave New 04/19/94 05/15/94 No MAY Cross Stitch 12320 E 86th St N Location Change 05/10/94 06/01/94 Yes Reliable Pest Control 11330 N Garnett New 05/12/94 05/16/95 Yes Collectibles 11440 N Garnett New 05/20/94 06/01/94 Yes Parts Plus Auto Store 11602 E 86th St N Name Change 05/23/94 06/01/94 No JUNE Domino's Pizza 8518 N 129th E Ave New 06/03/94 06/15/94 Yes Auto Zone 7951 N Mingo Valley Exp New 06/16/94 07/01/94 Yes Best Wishes 9100 N Garnett Location Change 06/28/94 07/01/94 No Melton Owasso Autoplex 8884 N Garnett New 06/29/94 07/01/94 Yes OCCUPANCY PERMITS NAME ADDRESS STATUS APPLICATION OPENING COMPLETED DATE DATE JULY Don and Eva Gabbert 402 N Dogwood New 07/08/94 07/08/94 Yes A Place For Me 19 S Main New 07/08/94 08/01/94 No Stewart Food Corp 11237 E 114th St N New 07/11/94 08/15/94 No Best Wishes 9100 N Garnett Rd New 06/28/94 07/01/94 No Homes Unlimited 11960 E 86th St N Location Change 07/12/94 07/15/94 Yes Gwendolyn Phillips 7714 N 130th E Ave New 07/15/94 07/15/94 Yes AUGUST M &M Tax Service 101 E 2nd Ave New 08/29/94 09/01/94 No HealthWell 8361 N Owasso Exp New 08/17/94 10/01/94 No SEPTEMBER White Machine & Pert. 8190 N 116th E Ave New 09/06/94 09/06/94 No Melodees Music Place 8524 B 129th E Ave New 09/02/94 09/13/94 No Precision Components 209 E 5th Ave New 09/01/94 10/01/94 No Ron's Archery, Inc 9100 N Garnett New 09/19/94 09/15/94 No Butterfly's Jewelry 12410 E 86th St N New 09/26/94 10/01/94 No Tunes By Kauffman 4 S Main Owner Change 09/29/94 10/03/94 No OCTOBER Calorie Corner 9202 N Garnett Location Change 10/05/94 10/05/94 No German Acres Video 11330 N Garnett Rd Location Change 10/26/94 10/31/94 No DAVID WALTERS GOVERNOR October 13, 1994 Charles Burris, Vice Mayor City of Owasso P.O. Box 180 Owasso, OK 74055 -0180 Dear Vice Mayor Burris: GREG MAIN SECRETARY OF COMMERCE The Oklahoma Department of Commerce/Division of Community Affairs and Development (ODOC -DCAD) has completed its review of the 1994 Community Development Block Grant (CDBG) applications under the Water and Sewer Category and we regret to inform you that your project cannot be funded at this time. Your project will be placed on the wait list and will be funded as soon as money becomes available. Attached is the wait list. The order of the list was determined by the tie breaker criteria as established in the FY'94 CDBG State Plan. Available funds will be applied to the established order as soon as they become available. We expect to have our 1995 allocation by the end of March 1995. The amount allocated to Water and Sewer will be distributed down the wait list as soon as it is received. For more information about the management of the wait list, see page 4 of the FY'94 State Plan. Please contact Scott Myers at 405/841 -9356 or Brenda Williams at 405/841 -9352 should you have any questions concerning this information. Sincerely, Connie Irby Chief Deputy Director CI:pn Attachment OKLAHOMA DEPARTMENT OF COMMERCE 6601 Broadway /P 0. Box 26980. Oklahoma City, Oklahoma 73126 -0980 Telephone: (405) 843 -9770 or 1(800) TRY -OKLA • Fax. (405) 841 -5199 WWI Oklahoma Department of Commerce/ Division of Community Affairs and Development Water and Sewer 1994 CDBG Wait List # Applicant Amount Project Requested 1 Town of Bokchito 61,011.00 water sytem improvements 2 City of Marlow 350,000.00 sanitary sewer lagoon repair 3 Town of Chelsea 157,035.00 sewer system projects 4 Love County 300,170.00 water system improvements 5 Town of Clayton 350,000.00 sewer improvements 6 Town of Hulbert 318,000.00 water system improvements 7 Town of Roland 350,000.00 water tower & line extension 8 Town of Bokoshe 214,983.00 sludge treatment facility 9 Town of Kiowa 349,998.00 water system improvements 10 Town of Hennessey 350,000.00 water system improvement - 11 Logan County 350,000.00 sewer system improvements 12 City of Glenpool 178,845.00 sewer system improvements 13 Town of Caddo 350,000.00 water system improvements 14 Town of Cameron 187,729.00 sewer system improvements 15 Town of Ochelata 343,785.00 Sewer system improvements 16 City of Checotah 350,000.00 sewer system improvements 17 Town of Oologah 250,000.00 sewer system improvements 18 City of Quinton 349,048.00 water system improvements 19 Town of Canadian 350,000.00 sewer rehab 20 Town of Red Rock 167,433.00 upgrade water supply system 21 Town of Coyle 188,832.00 sewer system improvements 22 Town of S. Coffeyville 290,638.00 sewer lines & manhole work 23 City of Cherokee 228,876.00 water storage & tank improvements 24 City of Coweta 350,000.00 sewer system improvements 25 City of Talihina 258,027.00 Water system improvements 26 Town of Crowder 271,000.00 imp wastewater treatment plant 27 Town of Bennington 350,000.00 sewer system improvements 28 Town of Colbert 350,000.00 sewer line construction 29 City of Elk City 349,999.00 wastewater treatment facility 30 City of Owasso 197,800.00 sewer system improvements 31 City of Chandler 350,000.00 water treatment facility 32 City of Heavener 350,000.00 upgrade water /sewer systems 33 Town of Marble City 298,800.00 sewer system improvements 34 Payne County 230,500.00 water system improvements 35 Town of Burbank 202,880.00 sewer system improvements 36 Town of Ripley 322,538.00 sewer system improvements 37 Town of Porter 342,656.00 water & sewer system projects 38 Town of Red Oak 350,000.00 water & sewer system improvements 39 Sequoyah County 350,000.00 water system improvements 40 Town of Gage 208,610.00 water system improvements 41 City of Oilton 282,317.00 water & sewer improvements 42 Osage County 350,000.00 water system improvements 43 City of Perkins 328,836.00 sewer & water improvements 44 LeFlore County 180,000.00 water system improvements 45 Tulsa County 350,000.00 water system improvements 46 Town of Arnett 218,253.00 water system improvements Page 1 10/10/94 MEMORANDUM TO: Mr. Ray, City Manager FROM: Ms. Worley, Recreation Director SUBJECT: Painting Quotes DATE: October 20, 1994 BACKGROUND: In the 1994 -'95 Budget staff budgeted a total of $2,000.00 to contract to have the gym and the activities room painted. This was budgeted in line item 5250 Repair & Maintenance. Staff has take quotes on getting both these rooms painted with one heavy finish coat by spraying method and fill the cracks and holes. The following quotes were received on the gym area: Bill Fisher Painting- 272 -9702- $ 800.00 Hutchens Painting- 272 -9218- $1,300.00 Jim Rice- 272 -5868- $1,400.00 Separate quotes were take on the activities room as follows: Bill Fisher Painting- 272 -9702- $400.00 Hutchens Painting- 272 -9218- $550.00 Jim Rice- 272 -5868- $650.00 RECOMMENDATION: I recommend we contract Bill Fisher Painting for both the gym area and for the activities room. Mr. Fisher is a regular user of our facility and has painted our gym area as well as the outside of the building in July 1989. Mr. Fisher does quality work. STRATTON TAYLOR ROOM 522 - STATE CAPITOL PHONE 405/524 -0126 Mr. Tom Kimball 8301 N. Mingo Valley Expressway Owasso OK 74055 I��T'30617i I just wanted to give you an update on my efforts on behalf of the National Steak and Poul 'try Company project. I have contacted the Governor's office, the Lieutenant Governor and the State Department of Commerce on this matter. Officials on the Lieutenant Governor's staff are researching a possible alternative funding source through the Oklahoma Development Finance Authority. The Commerce Department is reviewing provisions of the Quality Jobs Act which may offer some relief as well. I am also exploring other possible sources. In short, a variety of options are being explored as a safety net, just in case a funding gap materializes. Please contact my Administrative Assistant Paul Sund with any additional details on this case and I will keep you updated on our progress as well. With best wishes, Sincerely, VAU-1 Stratton Taylor State Senator • : CHAIRMAN .; •�\• APPROPRIATIONS COMMITTEES: STATE CAPITOL EDUCATION OKLAHOMA CITY, OKLAHOMA JUDICIARY 73105 RULES NATURALRESOURCES October 7, 1994 I just wanted to give you an update on my efforts on behalf of the National Steak and Poul 'try Company project. I have contacted the Governor's office, the Lieutenant Governor and the State Department of Commerce on this matter. Officials on the Lieutenant Governor's staff are researching a possible alternative funding source through the Oklahoma Development Finance Authority. The Commerce Department is reviewing provisions of the Quality Jobs Act which may offer some relief as well. I am also exploring other possible sources. In short, a variety of options are being explored as a safety net, just in case a funding gap materializes. Please contact my Administrative Assistant Paul Sund with any additional details on this case and I will keep you updated on our progress as well. With best wishes, Sincerely, VAU-1 Stratton Taylor State Senator lii � : 1 7 ; ► 7 ► � ► STRATTON TAYLOR ROOM 522 - STATE CAPITOL PHONE 405/524 -0126 C(a p Mr. Greg Main, Executive Director State Department of Commerce P.O. Box 26980 Oklahoma City OK 73116 -0980 Dear Mr. Main: STATE CAPITOL OKLAHOMA CITY. OKLAHOMA 73105 October 6, 1994 CHAIRMAN APPROPRIATIONS COMMITTEES: EDUCATION JUDICIARY RULES NATURALRESOURCES I am contacting you on behalf of the City of Owasso, which is currently negotiating a deal to bring hundreds of new jobs to Northeastern Oklahoma The National Steak & Poultry Company is prepared to locate a plant in Owasso which will employ 250 people and generate an annual payroll of $ 5 million. It is my understanding, however, that there may be a financing problem which would leave a $400,000 to $700,000 gap in the city's $4.7 million incentive package. Without the complete package, National Steak and Poultry may locate in the runner -up site, Waco, Texas. I would appreciate it if your agency could do everything possible to help locate an alternative source of funding to help bridge this gap. Although CDBG funds are generally prohibited from use is such projects, the mitigating circumstances in this case might merit an exception. Time is crucial in this case, therefore, a quick response is vital. Your agency's assistance in attracting this industry has been invaluable. I would appreciate any additional help you could provide in this latest matter. With best wishes, ST: ps Sincerely, V-L-4-9 Stratton Taylor State Senator