The URL can be used to link to this page

Home My WebLink About1994.03.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: March 15, 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, March 11, 1994. Marci Boutwell, Coun it Clerk AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of March 1, 1994 Regular Meeting. Attachment #4 5. Request Approval of Claims. Attachment #5 Owasso City Council March 15, 1994 Page 2 6. Consideration and Appropriate Action Relating to the Approval of a 17.5' Utility Easement Around the Perimeter of the Fire Station. Mr Munn Attachment #6 Staff will recommend Council approval of an easement allowing the placement of utility lines around the perimeter of the fire station. I 7. Consideration and Appropriate Action Relating to a Request for Final Acceptance of ' Work Performed Under a Contract Between the City of Owasso and McGuire Brothers Construction Co Inc, and Authorization for Final Payment and Release of Retainage to the Contractor. Mr Munn Attachment #8 Staff will recommend Council acceptance of the work performed under the contract, and that final payment be authorized to include any retainage held by the City. ' a 8. Consideration and Appropriate Action Relating to a Contract Between the City of Owasso and Stanfield & O'Dell for the Purpose of Providing an Independent Audit of City Financial Operations for FY 1993 -94. Ms Bishop Attachment #8 Staff will recommend Council approval of a contract with Stanfield & O'Dell, PC in the amount of $13,000 plus expenses not to exceed $500. I I 11 Owasso City Council March 15, 1994 Page 3 9. Consideration and Appropriate Action Relating to a Request for a Budget Amendment to the Park Development Fund. Ms Bishop Attachment #9 Staff will recommend Council approval of an amendment to the Park Development Fund by increasing appropriations in the amount of $10,000. 10. Consideration and Appropriate Action Relating to Amendments to the FY 1993 -94 Budget Wherein an Increase in Revenues and Expenditures is Proposed. Mr Ray Attachment #10 Staff recommends that the General Fund budget's "Estimate of Revenues" be increased by $27,820 due to an increase in grant revenues from the State Department of Transportation; and that the General Fund Economic Development Department budget receive a supplemental appropriation in the amount of $27,820. 11. Consideration and Appropriate Action Relating to a Request for the Purchase of One Automobile and Request for Appropriation of Funds for that Purchase. Mr Ray Attachment #11 Staff will recommend Council approval for the expenditure of $8850 to Classic Chevrolet, Owasso, for the purchase of one 1993 Chevrolet Corsica, and that the Council approve a supplemental appropriation of $8850 to the General Fund Managerial Department Budget. Owasso City Council March 15, 1994 Page 4 12. Consideration and Appropriate Action Relating to Resolution No 94 -03, a Resolution Approving a Project Agreement for Federal Aid Project No STPG- 72B(409)UR Between the City of Owasso and the Oklahoma Department of Transportation and Authorizing the Mayor to Execute Such Agreement. P Mr Ray Attachment #12 Staff will recommend Council approval of Resolution No 94 -03 providing for 100% grant to install signal lights at US 169 and 76th Street North. 13. Consideration and Appropriate Action Relating to a Request for Participation by the City of Owasso With Other Municipalities as a Member of a Consortium to be Established for the Purpose of Representing Those Cities in Matters Involving Cable Television Franchises, Regulation, Rates and Other Matters. Mr Ray Mr Cates Attachment #13 Staff will recommend that the Council authorize the City Manager to officially represent the City of Owasso in an effort to develop an area consortium for the purpose of representing those cities in matters relating to cable television. 14. Report from City Manager 15. Report from City Attorney Owasso City Council March 15, 1994 Page 5 16. Unfinished Business 17. New Business 18. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 1, 1994 The Owasso City Council met in regular session on Tuesday, March 1, 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, February 25, 1994. ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p.m. ITEM 2: FLAG SALUTE The flag salute was led by Mayor Randolph. ITEM 3: ROLL CALL PRESENT ABSENT Bob Randolph, Mayor John Phillips, Vice Mayor Mary Lou Barnhouse, Councilor Rex Bowen, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, Council Clerk A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES OF FEBRUARY 15 .1994 REGULAR MEETING. John Phillips moved, seconded by Rex Bowen, to approve the minutes, by reference made a part hereto. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4 -0. Owasso City Council March 1, 1994 ITEM 5: REQUEST APPROVAL OF THE CLAIMS Rex Bowen moved, seconded by Mary Lou Barnhouse, that the following claims be approved: (1) General Fund $23,489.02 (2) Workers Comp Self- Insurance $1,598.04; (3) Ambulance Service Fund $1,080.09; (4) E -911 $1,736.94; (5) Community Center $477.00; (6) Capital Improvements $103,890.60; (7) Park Development $31.73; (8) City Garage $4,286.44; (9) Interfund Transfers $22,929.16; (10) General Fund Payroll $91,735.17; (11) City Garage Payroll $2,158.56. AYE: Bowen, Barnhouse, Phillips, Randolph NAY: None Motion carried 4 -0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE SELECTION OF A QUALIFIED ELECTOR TO FILL A VACANCY IN THE POSITION OF COUNCILOR FOR WARD 3. Mayor Randolph tabled this item until further notice. ITEM 7: OATH OF OFFICE ADMINISTERED TO WARD 3 COUNCILMEMBER APPOINTEE. This item was tabled pending the outcome of the preceding item. ITEM 8: READING OF MAYOR'S PROCLAMATION. The Owasso Rams Eighth Grade Girls Basketball team and their coach, Danny Hightower, joined Mayor Randolph at the front of the room for the reading and presentation of a proclamation honoring the team for their achievements. Each member of the team was presented a copy of the proclamation. bib ' Owasso City Council March 1 1994 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #478, AN ORDINANCE REZONING A 12.69 -ACRE TRACT ' OF LAND FROM OL AND CS TO AN RS -3 CLASSIFICATION, SUCH PROPERTY LOCATED NORTH OF THE SMITH ELEMENTARY SCHOOL. The City Council approved the rezoning request at the February 15, 1994 meeting. Ordinance #478 formally adopts the actions of the Council. John Phillips moved, seconded by Rex Bowen to approve ordinance #478. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4 -0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #479. AN ORDINANCE ABANDONING PLANNED UNIT DEVELOPMENT #10 CONTAINING APPROXIMATELY 121 ACRES, .r� GENERALLY LOCATED NORTH. AND EAST OF THE LAKERIDGE ADDITION BETWEEN 86TH AND 96TH STREETS NORTH. ' On February 15, 1994, the City Council voted to approve a request to abandon a previously approved planned unit development. Ordinance #479 formally adopts the actions of the Council. Mary Lou Barnhouse moved, seconded by John Phillips to approve ordinance #479. AYE: Barnhouse, Phillips, Bowen, Randolph ' NAY: None Motion carried 4 -0. ' ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE OF A PORTABLE STORAGE BUILDING FOR USE BY THE OWASSO POLICE DEPARTMENT. This item was postponed until further notice. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT FOR PROFESSIONAL ARCHITECT SERVICES FOR THE ' PURPOSE OF PROVIDING PLANS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY HALL BUILDING. The committees working on the council /courtroom renovation project and city hall master plan have met several times and have received quotes from architectural firms. The staff and design Owasso City Council March 1, 1994 committee recommended hiring Holmes Architectural Services for an amount not to exceed $10,500 for the purposes outlined in the scope of services. John Phillips moved, seconded by Mary Lou Barnhouse, to approve the agreement between the City of Owasso and Holmes Architectural Services in an amount not to exceed $10,500 for the purposes outlined in the scope of services, and that the Mayor be authorized to execute the document. AYE: Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 4 -0. ITEM 13: REPORT FROM CITY MANAGER No Report. ITEM 14: REPORT FROM CITY ATTORNEY No Report. ITEM 15: UNFINISHED BUSINESS None. ITEM 16: NEW BUSINESS None. ITEM 17: ADJOURNMENT Mayor Randolph moved, seconded by John Phillips to adjourn. AYE: Randolph, Phillips, Bowen, Barnhouse NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:12 p.m. ' Marcia Boutwell, Council Clerk 4 Bob Randolph, Mayor CITY OF OWASSO GENERAL FUND 3/11/94 8:33:30 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- MANAGERIAL ------------------------ - - - - -- 941803 DOZIER PRINTING PRINTING 386.30 941862 AUDIO VISUALS INC PHOTO PROCESSING 192.50 941863 BROADCAST NEWS OF SUBSCRIPTION 35.00 941864 BACON & SON INC FURNITURE 350.00 941904 TREASURER PETTY CASH REIMB PETTY CASH 55.56 941985 LDCC INC -AT &T 1/94 USE 2.21 DEPARTMENT TOTAL = = = =) 1,021.57 FINANCE 941754 MICRO WAREHOUSE SUPPLIES 122.90 941881 DATA COMM WAREHOUSE PARTS 31.00 941904 TREASURER PETTY CASH REIMB PETTY CASH 15.13 DEPARTMENT TOTAL =___) 169.03 COMMUNITY DEVELOPMENT ------------------------ - - - - -- 940005 TULSA COUNTY MIS DIAL -UP SERVICE 40.00 941804 CAREER TRACK SEMINARS MS2 SEMINAR 69.00 941904 TREASURER PETTY CASH REIMB PETTY CASH 16.97 DEPARTMENT TOTAL = = = => 125.97 MUNICIPAL COURT ------------------------ - - - - -- 940027 CHARLES RAMSEY RETAINER 700.00 DEPARTMENT TOTAL =___) 700.00 GENERAL GOVERNMENT ------------------------ - - - - -- 940089 DEPARTMENT OF CORRECTIONS DOC EMPLOYEES 105.60 940090 MEMBER SERVICE LIFE PRE TAX ADM FEES 117.00 940116 RONALD D CATES RETAINER. 1,781.30 940757 ST FRANCIS HOSPITAL -EAP CURTLY FEES 198.58 941782 OKLAHOMA SAFETY COUNCIL SEMINAR 50.00 3 CITY OF OWASSO GENERAL FUND 3/11/94 8:33:30 A/P CLAIMS REPORT APAPVR PAGE: 4 , PO # VENDOR ------------------- - - - - -- DESCRIPTION ------------------- - - AMOUNT - - -- ------- - - - - -- 941784 MULTI CARE HEALTH CENTER PRE EMPL DRUG SCREEN 165.00 941785 DR. AMBROSE SOLANO, M.D. EMPLOYEE EXAM 75.00 941860 WORLD PUBLISHING CO LEGAL NOTICE 24.45 941861 ETHICS COMMISSION MATERIALS 20.00 941902 TREASURER PETTY CASH DOC MEALS 103.99 941903 MIREX CORP TONER 335.25 941904 TREASURER PETTY CASH PEIMB PETTY CASH 64.25 , 941916 OWASSO GOLDEN AGEP.S REIMB /VAN USAGE 123.75 941985 LDCC INC -AT &T 1/94 USE 941754 DEPARTMENT TOTAL =___) SUPPLIES - - - - - -- -28_98 ' 3,193.15 MAINTENANCE ------------------------------ WAL -MART FILM ' 941763 CINTAS CORP. UNIFORM RENT /CLEAN 28.40 941815 DAYCOA INC SUPPLIES 110.65 941847 EMPIRE PLUMBING SUPPLY IN PARTS 38,66 941867 OWASSO LUMBER CO SUPPLIES 34.65 , 941904 TREASURER PETTY CASH REIMB PETTY CASH 66.48 941905 KIMBALL ACE HARDWARE SUPPLIES 27.48 941906 CHEROKEE BUILDING MATERIA SUPPLIES ' DEPARTMENT TOTAL =___) - - - - - -- -57_60 363.92 POLICE SERVICES ------------------------ - - - - -- 940031 L.E.T.N. TELEVISED TRAINING 288.00 ' 940032 CELLULAR ONE -TULSA USAGE 149.78 940033 DEPT OF PUBLIC SAFETY TELETYPE LEASE 700.00 940034 WESTERN BUSINESS PRODUCTS COPIER MAINT /OVERAGE 185.46 , 940035 HOWARD STAMPER RETAINER. 150.00 940118 LEASE AMERICA COPIER LEASE 236.00 941306 KIMBALL ACE HARDWARE SUPPLIES 93.14 , 941393 LARRY SPENCER CHEVROLET CHEV CAPRICE 9,000.00 941405 PATROL TECHNOLOGY BADGES 99.00 941429 REASORS PRICE RITE FILM PROCESSING 44.77 941691 PHILLIPS POLICE EQUIP SUPPLIES 154,75 941754 MICRO WAREHOUSE SUPPLIES 56.95 941869 WAL -MART FILM 79.48 941870 PHILLIPS POLICE EQUIP SUPPLIES 39.00 941882 WAL -MART SUPPLIES 44.84 941904 TREASURER PETTY CASH REIMB PETTY CASH 5.00 941985 LDCC INC -AT &T 1/94 USE ' DEPARTMENT TOTAL =___> - - - - -- -82_41 11,408.58 CITY OF OWASSO GENERAL FUND 3/11/94 8:33:30 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ANIMAL CONTROL ------------------------ - - - - -- 941812 ANIMAL CARE EQUIPMENT & S SUPPLIES DEPARTMENT TOTAL =___) FIRE SERIVCES ------------------------ - - - - -- 940047 MCCAW COMMUNICATIONS PAGER RENTAL 941393 LARRY SPENCER CHEVROLET CHEV CAPRICE 941600 CHIEF FIRE & SAFETY INC SUPPLIES 941708 CELLULAR OHE -TULSA USAGE 941709 CASCO INDUSTRIES INC. OF BUNKER GEAR 941710 KIMBALL ACE HARDWARE SUPPLIES 941719 THE BOARDMAN COMPANY SUPPLIES 941845 INDEPENDANT TESTING LABS TEST GROUND LADDERS 941868 OWASSO PHYSICAL THERAPY TRAINING 941904 TREASURER PETTY CASH REIMB PETTY CASH 941917 WAL -MART SUPPLIES 941919 OWASSO AUTO SUPPLY PARTS 941920 VOLUNTEER VOL FIRE RUNS 941928 BAILEY EQUIPMENT REPAIR 941985 LDCC INC -AT &T 1/94 USE DEPARTMENT TOTAL =___) CIVIL DEFENSE ------------------------ - - - - -- 940123 CELLULAR ONE -TULSA DEPARTMENT TOTAL =___) STREETS ------------------------ - - - - -- 941561 GRACE SAND CO 941599 APAC- OKLAHOMA, INC. 941602 RAINBOW CONCRETE CO 941697 KIMBALL ACE HARDWARE 941763 CINTAS CORP. 941799 MAXWELL SUPPLY OF TULSA USAGE /STAMPER SAND SUPPLIES SUPPLIES SUPPLIES UNIFORM RENT /CLEAN SUPPLIES 43.35 43.35 44.90 4,714.00 583.47 32.60 534.00 29.21 480.19 423.00 25.00 28.16 64.12 163.99 445.50 127.85 40.49 7,736.52 10.60 10.60 23.37 719.82 1,075.00 71.83 142.00 65.80 DEPARTMENT TOTAL =___) 2,097.82 6 CITY OF OWASSO GENERAL FUND 3/11/94 8:33:30 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- RECREATION CENTER ------------------------ - - - - -- 941745 KIMBALL ACE HARDWARE SUPPLIES 941783 TUXALL UNIFORM & EQUIP MEGAPHONE 941846 ELEK -TEK SUPPLIES 941904 TREASURER PETTY CASH REIMB PETTY CASH 941985 LDCC INC -AT &T 1/94 USE DEPARTMENT TOTAL = = = =) SWIMMING POOL ------------------------ - - - - -- 941728 AMERICAN POOL SUPPLY POOL CHEMICALS DEPARTMENT TOTAL = = = =) COMMUNITY CENTER ------------------------ - - - - -- 940122 UNITED ARTISTS CABLE CABLE USE 941866 BILL'S COMMUNICATIONS, IN EQUIPMENT 941899 US POSTMASTER POSTAGE 941985 LDCC INC -AT &T 1/94 USE DEPARTMENT TOTAL = = = =) PARK MAINTENANCE ------------------------ - - - - -- 941904 TREASURER PETTY CASH DEPARTMENT TOTAL = = = =) ECONOMIC DEVELOPMENT ------------------------ - - - - -- 940040 CELLULAR. ONE -TULSA 940554 MCGUIRE BROTHERS 941695 MCGUIRE BROTHERS 941901 BACON & SON INC 941904 TREASURER PETTY CASH REIMB PETTY CASH USAGE CONSTRUCTION /BUCHANAN STRIPING /TRAFFIC CONTROL FURNITURE REIMB PETTY CASH 145.01 74.30 63.03 87.05 .20 369.59 805.50 805.50 22.57 160.36 100.00 3.27 286.20 34.93 34.93 18.93 25,965.72 7,000.00 135.00 30.35 DEPARTMENT TOTAL = = = =) 33,150.00 6 CITY OF OWASSO GENERAL FUND 3/11/94 8:33:30 A/P CLAIMS REPORT APAPVR PAGE: 7 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- FUND TOTAL =___? 61,516.73 CITY OF OWASSO WORKERS' COMP SELF -INS PLAN 3/11/94 8 :33:30 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 941731 OWASSO DRUG, CLAIM /PARKER. 65.09 941904 TREASURER PETTY CASH REIMB PETTY CASH 53.98 DEPARTMENT TOTAL 119.07 FUND TOTAL =___> 119.07 1 CITY OF OWASSO AMBULANCE SERVICE FUND 3/11/94 8 :33:30 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR, DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 941708 CELLULAR ONE -TULSA USAGE 941716 PACE PRODUCTS OF TULSA IN OXYGEN /RENTAL 941824 ST FRANCIS HOSPITAL RECERTIFICATION COURSE 941855 MEDICAL COMPLIANCE SPECIA BIO WASTE PICK UP 941856 MED SOURCE CORP SUPPLIES 941857 DYNA MED SUPPLIES 941927 DR. AMBROSE SOLANO, M.D. 3/94 AUDIT DEPARTMENT TOTAL =___) FUND TOTAL =___) 44.14 28.00 45.00 30.00 41.10 266.25 250.00 704.49 704.49 2 CITY OF OWASSO CAPITAL IMPFOVEMENTS 3/11,'94 8:33:30 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- PARKS ------------------------ - - - - -- 941900 LAMAR INDUSTRIES DEPARTMENT TOTAL =___) FUND TOTAL =___) GRAND TOTAL =___) SPORTSPARK LIGHTING 7,146.00 7,146.00 7,146.00 103,367.08 11 CITY OF OWASSO A/P TRANSFER REPORT VENDOR DESCRIPTION AMOUNT TRANSFERS CEMETERY CARE REVENUE TRANSFER FROM GENERAL FUND 296.25 AMBULANCE CAPITAL REVENUE TRANSFER FROM AMBULANCE FU 2,162.44 TRANSFERS TOTAL 2,458.69 3/11/94 8:33:30 CITY OF OWASSO CITY GAPAGE AfP CLAIMS REPORT APAP`'P PAGE: 10 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CITY GARAGE ------------------------ - - - - -- 941072 TULSA BRAKE AND CLUTCH PARTS 941371 NAPA AUTO PARTS PARTS 941448 STAR LUBE VEHICLES MAINTENACE 941479 NAPA AUTO PARTS PARTS 941627 RON'S WHEEL ALIGNMENT SERVICES 941649 MILEAGE MASTERS TIRES 941653 STAN'S WESTSIDE AUTO ELEC PARTS 941697 KIMBALL ACE HARDWARE SUPPLIES 941763 CINTAS CORP. UNIFORM RENT /CLEAN 941772 MIAMI TIRE SERVICE, INC RECAP TIRES 941792 KEYSTONE EQUIPMENT CO PARTS 941794 GO SYSTEMS GAS 941800 A & E DISTRIBUTING SUPPLIES 941850 ZEP MANUFACTURING CO. SUPPLIES 941875 WILLIAMS REFUSE EQUIPMENT PARTS 941893 OWASSO AUTO CAR & MAINTE REPAIR 941898 OWASSO TIRE BARN TIRES 941944 CLEARKOTE SUPPLIES DEPARTMENT TOTAL = = = =) FUND TOTAL = = = =) 173.87 651.69 105.36 955.38 230.84 414.49 189.95 7.55 253.88 181.54 1,135.73 2,653.71 287.49 65.30 4 58. 14 45.00 154.00 228.95 8,192.87 8,192.87 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 03/05/94 DEPARTMENT AMOUNT Finance 4,402.06 : ?•:{4i } } }} }:4 }: ^ }:nx .}}}}}};;.}:+,•:•}}:4}} .'.: ?4:• } } }: ? { { ?4 } }:rr. }; ?.wn.: A:•:+iMYrY.•x ; n,}xr.;tiv;:r;ny,9:{4'F.4 +v.T4}Y ...�............: ..:. }:: r ::.........::rx: r..... yr: r: r:::.4:::, .� { {�4W{;: ? ?.:4':?hii. '. �':iiii.'•i:{i'' : iiii } }}:. }:• }:• } }i:?• }':4:• }:4:4:4:4: ^:• } } }.y ..::::::::::: n::.y.......w. •: •v.. ��yyy� y;�y 3 „� ..;}.rn..rr.rx:4:4: ?v::::: r{4:•' { {.; }:;:i�; : ?:::::: }:i >.� ;<i ', 'i:. i • � r•::inl::::n:$ }::::ti::ti ?::{<�: •'•r�... } } } }.';:: 4:4:4:4: ?• } }:• }:ti { ? {. }Y.:: {. }:{ � {.:•:•}.'•�•'• �.•.••'•,h ''r' : ? ::v :::::::•:::v ;:t?•.:::• ;'i: i:: ;4:: ? ?4 }: i:: }:} .:.: ...:.:•,v: ;•.tw:; x; } }ii: ti''v: •.t:: m•.vry }:4: ••::.:•:?•:4 } %v }:::i::4: . ; ....... t...'......m rrv....tt•::v:::.•.y•4••.ti:::: i.4}:..r.•ht tnry..'4.: i.{4i.4ir Xx" Municipal Court 1,283.14 •:ti44 } }} }}::} } } } } }} } }'fi: {•:•: }T:• }:•::•::{ {•: • }:{ ?:• }: {.ri. }F.4:{i.\ {•: ^:v ?? {{ {.;.� ^:•:•:f �• }:• }f. {::4i ::. } }} : 4: 44 .;•f4iP}:SSSS{v, {S { :�ti{•h } } } }} fYr%r. :::::4 } }} ti• } } } }: :• }:fix: x:::..v; •.: '::v fi }w•.•i:iii:::•:•:•i;::::• iii:• ii% i:;::• i:•:?{? w:: xti•}: v:?•{?{? {. }; { ? {:. } }:4'4:;ii•:v:::::::.. ' ::i::{:• ••. •.: ...... i }.titi ?tifftitititititititititititititifi }::{{{ii4 4 }:^ 4:4 } } }:•i } }:• }:4: 4:4::4:•}$:4;. }:• }:• }:• } } }:4: ^' :•. ' ' :. �: '' ' � y:;::i.i:::: 4\: :; • } }}: 1 . Mm 4}}}: : 4{} �r1:!:t.�t:•....:�4;'; / }.::;w::•:v;v:Y,. i.y::. i:i• i}} }i..ht'{•:4ri ti4;.:: isri•: 4};{{ 4:% 4#r{:{:{ •: r4•::{•}.}:•:}•}:•;}•;:•l•}.:••}}:: •4}: :i•}O: 4:? : 44: :4•} : i4s4}}}: }4:•}}}:{ .ti:{•:4:;x:; ?: }:• :}4: :^4:: 1 }:4}i:•}:�:.t :iM�••••. {i{ :. {}:: 11 . I I : 44:•: {{Y{}fi}i:: •:{{}K: fiy }}: i. .}4:: : \} i:• Building Maintenance 471.03 ;. } }i %4: .S +4r}: } },. } } } } } }f + } }}Y. :f4 }iM.Wf.•: r: }} rI.W �w {r :{?}W:Yf. {• : .. E:; •::..: < ::....:....::$ :: > o:::::::::::i ................ :.. .... .. ti<:.. :.. y :t•::ii r':i st: r : isr> ;:::,:: :f.:.�. +iiJlM: ': i Central Dispatch 4,70911 f 4 �: ijiiji> ii:: ij} �tiniY?:'t:: i:}:: C.< L,>::C{:•,: Y:•'.,, fti:,•'.::•: i:,:•:•'..:•:::•+:; i:,T j} iF.'?{ :iiiijij}jiiii:::tiii' } {:tiiiiiii Fire 27 383.02 ??•\•:??•}'' f.{ 4;•} isn}: 4}}}}}:{?? 4; 4;{{•: 4};•};:{{ 4+: fi}: fi:{{•};•}} Y. M. vx:::.•.} v4:{{{{.: x,.}, v,.: fi}: fi+};.: PY..» v.• Y.•;.. w, �Y,. 4:. K4' 4C•: w,,. vn:{ .Jff..x }x: ? ?4}:• } }:4}:4 };xn }:xx t}; /..vx; .; �: v�:• y: � }�y!:'�...�ii$ii ?i}iiiiiiiiti�? iii:::: Yi::::::::,>.:::: ii:: si:} isiij?},?:, 4:::: �::;:;:;:: i::; �' r,:•,}:: f::::: ii:,:;: �;::,:.;::;::}?' r'' rii:{::{: ii i' rv:•' r' r:?{• i:•}: 4: 4}: 4: 4} }: ?4: ?• }:• }:?• }:• } }:• }:4 } } }:? :: ;�!)y :::.: :.::: vv: ......... ...:..: .. ...........:.::::............ .............:....u..........:3 ».n..,•xnf.,: n:}}} 3N.. 4%{ hL...........::. iYi. w:: :r.: •: nt : :. v:::x• gun':: i4} ySi�i:...•.S.rS....•........:.: n...........:.:..:.:..:........ Recreation Center 2,235.51 •}}: 4, v,.}}}}}}}}: 4:+ f.•} v..}}}}}:.}:{. 1, v, 4}.:.}}}}}}}}}: 4}}}}}}}}}:?? 4}}. w.} wn}}}:{{{ 4}:•:.• �.}}} Y.{4:.}}}: fi: { ?ry} }: {.} },,:4:f } },v..w. }:4} Park Maintenance 2,544.55 APPROVED: 03/15/94 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 03/05/94 APPROVED: 03/15/94 Mayor Council Member Council Member MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROHN MUNN ENGINEERING TECHNICIAN SUBJECT: 17.5' GENERAL UTILITY EASEMENT AROUND THE PERIMETER OF THE NEW FIRE STATION DATE: March 8,1994 BACKGROUND: The new fire station is currently being built east of the old Highway 169 (Garnett Road) and north of 86th Street North. The property that the fire station is on does not have perimeter easements for the construction of utilities. Therefore, the staff was requested to prepare a perimeter easement for the benefit of those utility companies wanting access to the fire station. The easement was prepared and forwarded to the City Attorney to review and prepare the necessary documents for council approval. RECOMMENDATION: The City Attorney has reviewed the 17.5' general utility easement and has prepared the necessary documentation for council approval (See attachment). Therefore, the staff recommends City Council approval of the 17.5' perimeter general utility easement and ask that the Mayor be authorized to execute such document. ATTACHMENT: 1. Easement DEDICATION ' OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the City of Owasso, ' Oklahoma, an Oklahoma Municipal Corporation, does by these presents on it's behalf as well as it's successors in interest or assigns hereby dedicate to the public, a utility easement over, under and through the land described on Exhibit "A" hereto. Such dedication of easement shall grant unto the public the right and liberty to, at all times hereafter, for all public utility purposes, use and enjoy the said land herein dedicated to construct, maintain, operate, repair and replace thereunder utility lines. TO HAVE AND TO HOLD the easement hereby dedicated in perpetuity. IN WITNESS WHEREOF, the City of Owasso has hereunto set it's hand and seal the day of , 1994. CITY OF OWASSO, OKLAHOMA Bob Randolph, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney ACKNOWLEDGMENT STATE OF OKLAIOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Bob Randolph, Mayor of the City of Owasso, personally known to me to be such, acknowledged that he executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: Notary Public ACKNOWLEDGMENT STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Sherry Bishop as City Clerk of the City of Owasso, personally known to me to be such, acknowledged that she executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. Notary Public My Commission Expi_.res: owgen94.efs EXHIBIT "A" A 17'5 general utility easement lying to the right of AND adjoining a line within a piece of land in the Northwest Quarter (NW /4), of the Southwest Quarter (SW /4) of Section 20, Township 21 North, ,. Range 14 East, more particularly described as follows: Commencing at the Southwest Corner of the NW /4, of the SW /4 of said Section 21, thence easterly along the south .line of the NW /4, of the SW /4 a distance of 30 feet to a point on a 30' roadway easement line, said point also being the Southwest corner of the tract of land that the new fire station is located upon and the POINT -OF- BEGINNING of said 17.5' general utility easement; thence Northerly along a 30' roadway easement that is 30'east and parallel to the centerline of the old U.S. Highway No. 169 to the Northwest corner of the tract of land that the new fire station is situated upon; thence easterly s along the north line of said tract that the new fire station is located upon to a point that intersects the .. existing westerly right -of -way line of the new U.S. Highway No. 169, said point also being the Northeast corner of said tract; thence southwesterly and along a so curve to the left with a radius of 5,230.51' and the west r„ right -of -way line of the New U.S. Highway No. 169 to a point on the South line of the NW /4 of the SW /4, said point also being the Southeast corner of said tract of land; thence westerly along THE said south line of the NW /4, of the SW /4 of Section 21, to the POINT -OF- BEGINNING. owgen94.efs 1 I ' . 1- 0 V TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROHN MUNN ENGINEERING TECHNICIAN SUBJECT: OWASSO MUNICIPAL FACILITY /INDUSTRIAL PARK DATE: March 8,1994 BACKGROUND: On August 3,1993, the City Council approved a contract with McGuire Brothers Construction, Inc. to construct water and wastewater main lines and extend street sub -base in the City's municipal facility /industrial park area (Max Buchanan Project). This contract was funded by using a portion of a Department of Commerce, Economic Development Grant (Accepted by City Council February 2,1993). The second part of this project was to enter into an inter -local agreement with Tulsa County (Approved by City Council June 15,1993) to lay the asphalt surface for the street. The cost of this materials for this part of the project was funded by a portion of a Department of Transportation, Industrial Access Grant (Accepted by City Council January 19,1993). On February 1, 1994, the City Council approved the latest change order for allowing thermoplastic striping, arrows, and words be placed on the newly constructed road as well as South Main and the road that leads to the wastewater treatment plant. The contractor has completed all the required work described in the contract documents as well as this change order. McGuire Brothers Construction, Inc. has requested final payment and release of all funds. In reviewing all documentation for final payment, there is no reason such request should not be honored. McGuire Brothers has all ready received several partial payments that total $163,770.48, leaving a balance of $32,965.72. RECOMMENDATION• The staff recommends Council acceptance of the improvements to the Owasso Municipal Facility /Industrial Park and a release of $32,965.72. ' MEMORANDUM t TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: CONTRACT FOR AUDIT SERVICES FOR FISCAL YEAR 1993 -94 DATE: March 11, 1994 BACKGROUND: By city charter, the council must designate an accountant to make an independent audit of all accounts and financial transactions of the city. In a letter dated July 9, 1992, the accounting firm of Stanfield & O'Dell, P.C. proposed to provide audit services to the City of Owasso for three fiscal years renewable at our option. The proposed fee is $13,000 plus expenses not to exceed $500 for each of the three years. Stanfield & O'Dell served as auditors for the City for the fiscal years ended June 30, 1992 and June 30, 1993. Keeping the same audit firm for more than one year provides consistency in audit methods and requirements from year to year. Staff can prepare for the audit, knowing what information and records the auditors will need. Council is able to become familiar with the audit philosophy and report format. The audit work performed by Stanfield & O'Dell during the previous two years has been satisfactory and staff would like to continue that relationship for another year. RECOMMENDATION: Staff recommends that Council renew the contract with Stanfield & O'Dell, P.C. for the purpose of conducting an independent audit for the fiscal year ended June 30, 1994 for a fee not to exceed $13,500. II ATTACHMENTS: IProposal letter from Stanfield & O'Dell dated July 9, 1992 StanEie{d CONSULTANTS AND CERTIFIED PUBLIC ACCOUNTANTS Ms. Sherry Bishop City Treasurer City of Owasso 207 S. Cedar P. O. Box 180 Owasso, OK 74055 Dear Ms. Bishop: 09�1 July 9, 1992 Thank you for meeting with us to discuss your audit needs and to allow us to submit this proposal. We propose to audit the general purpose financial statements of the City of Owasso as of June 30, 1992, 1993, and 1994, prepared in accordance with generally accepted accounting principles. Our audit will be made in accordance with generally accepted auditing standards and will include our examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Our audit will also be in accordance with the standards set forth for financial audits in the U.S. General Accounting office's (GAO) "Governmental Auditing Standards" (1988 Revision). Our objective will be the completion of the foregoing audit and, upon its completion and subject to its findings, the rendering of our report. The City's reporting entity, as determined by the City, includes the Owasso Public Works Authority, and the Owasso Economic Development Authority. These entities will be included in the City's general purpose financial statement as enterprise and special revenue funds, respectively. The supplemental combining and individual fund and account group financial statements and schedules included in your annual financial statements will be subject to the auditing procedures applied in the audit of the general purpose financial statements. We will issue an "in relationship to" opinion on the supplemental financial statements and schedules. I ; City of Owasso July 9, 1992 Page 2 �Uu U The City currently has several federal financial assistance grants of which none are for more than $299,999. The audit will include a financial and compliance audit of these nonmajor federal financial assistance programs in accordance with the Single Audit Act of 1984. Our audit will be conducted in accordance with the standards referred to above and U.S. Office of Management and Budget (OMB) Circular A -128, "Audits of State and Local Governments ". ' integrity of the City's personnel and the maintenance of an appropriate internal control structure, which includes adequate accounting records and procedures to safeguard the City's assets. 1 Accordingly, our completion of the audit will require management's cooperation. In addition, as required by generally accepted auditing standards, our procedures will include obtaining written representation from management concerning such matters which we ' will rely upon, and the City will indemnify and hold us harmless from any liability, damages and legal or other costs we might sustain in the event such representations are false. ' Generally accepted auditing standards also require the auditor to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement, and provide for the audit to be performed on a test basis, as described in the second paragraph of this letter. Accordingly, an audit is not a special examination designed to detect fraud, nor a guarantee of the accuracy of the financial statements and is subject to the inherent risk that errors, irregularities, or illegal acts, if they exist, might not be detected. However, if we become aware of material errors or any irregularities or illegal acts during the course of our audit, we will bring them to your attention. Should you then wish us to direct special auditing procedures to such t matters, we would be pleased to work with you to develop a separate engagement for that purpose. We will also issue a separate negative assurance report on the ' City's 1988 Series Revenue Bonds. As you know, the financial statements are the responsibility ' of the management and the City Council of your City who are primarily responsible for the data and information set forth therein as well as for the evaluation of the capability and ' integrity of the City's personnel and the maintenance of an appropriate internal control structure, which includes adequate accounting records and procedures to safeguard the City's assets. 1 Accordingly, our completion of the audit will require management's cooperation. In addition, as required by generally accepted auditing standards, our procedures will include obtaining written representation from management concerning such matters which we ' will rely upon, and the City will indemnify and hold us harmless from any liability, damages and legal or other costs we might sustain in the event such representations are false. ' Generally accepted auditing standards also require the auditor to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement, and provide for the audit to be performed on a test basis, as described in the second paragraph of this letter. Accordingly, an audit is not a special examination designed to detect fraud, nor a guarantee of the accuracy of the financial statements and is subject to the inherent risk that errors, irregularities, or illegal acts, if they exist, might not be detected. However, if we become aware of material errors or any irregularities or illegal acts during the course of our audit, we will bring them to your attention. Should you then wish us to direct special auditing procedures to such t matters, we would be pleased to work with you to develop a separate engagement for that purpose. City of Owasso D July 9, 1992 Page 3 ' We understand that you will provide us with the basic information required for the audit and that you will be responsible for the accuracy and completion of that information. Such information will include items such as adjusted trial balances and copies of supporting reconciliations, analysis and printouts. We further understand that your employees will complete all questionnaires and schedules we might request and will type all cash and other confirmations, locate any invoices selected for testing, copy all required documentation, and input trial balance and other data into our application software. We will schedule, for the first year, preliminary field work for the week of August 24, and final field work for the week of September 28, or October 6. Delivery of final reports will be no later than November 30. In subsequent years, we will schedule our work so that reports can be delivered no later than October 31. Our billings for the services set forth in this letter will be rendered for payment on a monthly basis, so that you may readily relate our charges to the work performed. Our fee for this engagement is $13,000 per year plus out -of- pocket costs, not to exceed $500, incurred on your behalf. It is understood that our responsibility for such services will extend only to periods covered by our audit and will not include any claims pertaining to later periods for which we are not engaged as auditors. This fee proposal is based on the information we obtained during the brief proposal process and on your personnel providing, on a timely basis, the assistance stated in this proposal. As you know, circumstances may arise that will require us to do more work. Some of the more common circumstances is included in the attachment "An Explanation of Additional Work Which May Exceed Fee Estimate." If it appears that any of these situations will occur, we will bring this to your attention and mutually agree upon changes in scope and fees before proceeding with the engagement. This engagement includes only those services specifically described in this letter. Appearances before government organizations such as your cognizant agency and other regulatory bodies arising from this engagement, additional work requested by ' grantor or funding agencies and additional work required for changes in the City's reporting entity will be billed to you separately. If any portion of this letter is held invalid, it is agreed ' that such invalidity shall not affect any of the remaining portions. ' 1 1 1 1 1 1 1 1 1 1 1 1 City of Owasso July 9, 1992 Page 4 9 DPW If you are in agreement with the terms of this letter, please sign the original and return it for our files. We appreciate the opportunity to continue to work with you. Sincerely, STANFIELD & O'DELL, P.C. Craig D Leg r Shareh der Enclosures (4) The foregoing letter fully describes our understanding and is accepted by us. Date CITY OF OWASSO By MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: PARK DEVELOPMENT FUND - BUDGET AMENDMENT DATE: March 11, 1994 BACKGROUND: At the June 15, 1993 City Council meeting, a contract was approved for playground equipment to be purchased from the Park Development Fund. The equipment was received and paid for in September 1993. The playground equipment project was included in the budget for the fiscal year which ended June 30, 1993. Because the equipment was actually received and paid for during the 1994 fiscal year, it should be included in the FY 1994 budget. (This item should have been presented to the Council with the other "carry- over" budget requests in November 1993, but it was overlooked at the time.) The 1993 audit shows an unexpended budget balance of $12,790 in the Park Development Fund. This request is for $10,000 (unexpended from fiscal 1993) to be budgeted for expenditure in fiscal 1994 from the Park Development Fund. RECOMMENDATION: Staff recommends Council approval of an amendment to the capital outlay portion of the Park Development Fund budget for $10,000. ATTACHMENTS: 1. Memorandum to Council dated June 10, 1993. 2. Minutes of June 15, 1993 City Council meeting. 1► 1 ►� � : s ►11 1►� TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: PURCHASING OF PLAYGROUND EQUIPMENT FOR ELM CREEK AND RAYOLA PARKS DATE: June 10, 1993 BACKGROUND: Since February, Bret Hunt and I have been reviewing different playground equipment options for both Elm Creek and Rayola Parks. Our goals in selecting equipment centered around the equipment being durable (withstanding both children and weather elements), safety, amount of entry points and the amount of activities, and cost. It was also felt that Elm Creek and Rayola Parks should be selected for playground equipment as it has been over seven years since new equipment had been placed in either. Aaron Fence Company, the local distributor for Iron Mountain Forge playground and park equipment, submitted a brochure to the City that had two pieces of equipment that interested the staff. Upon discussing these pieces of equipment and the brochure in general, it was discovered that Aaron Fence Company had also submitted the same brochure and bids to the City of Tulsa Parks Department. Due to a recent change in our bidding process (Ordinance #455), it enabled us to utilize the bids awarded by the City of Tulsa because they were a City of over 50,000 people. Pictures of the two pieces of equipment, one for Rayola Park and the other for Elm Creek Park, are attached for your information and review. It is our strong opinion and belief that these two pieces of equipment provide the most durability, safety, accessibility, and activity for the lowest cost. The total price for both pieces of equipment is $9,282.00 (Freight Included). In addition to the equipment, it is also necessary to purchase the required material to cover the ground area in which the equipment is to be located. New safety requirements mandate that all playground equipment is to be installed with a "resilient surface area" such as pea gravel or wood chips, in order to provide for a safe area in the event that a child falls from the equipment. Upon further review, staff felt that wood chips would be a better selection due to costs and ' avoidance of injury should the children actually fall or throw the pea gravel at each other. The total cost for covering both areas is $1474.00. In conjunction with the above items, several other items are needed in order to provide for proper installation, maintenance and drainage of the site in which the playground equipment is to be located. A complete list of these additional materials is contained within Mr. Hunt's memorandum included within your packet. Also included is a drainage profile of the equipment area. The total costs of the associated materials is $1,130.00. FUNDING: Funding for this project is contained in FY 92 -93 budget under the "Other Funds" section entitled "Park Development Fund" (Page 86). The approved budget contains an appropriation of $15,000 for the purchase and installation of parks equipment. RECOMMENDATION: Staff is recommending Council approval of this project by approving the purchasing of the following: $9,282.00 - To Aaron Fence Co. of Tulsa, OK for the purchasing of two pieces of playground equipment. $1,474.00 - To Rex Playground Equipment of Oklahoma City, OK for wood chips for resilient ground cover. $1,130.00 - To allow for the purchase of additional items to ensure proper installation, maintenance and drainage of the structures. ATTACEAMNTS: 1. Pictures of the requested playground equipment. 2. Memorandum from Mr. Hunt. 3. Drainage profile. ' i _s. , 1 ` ! 744�� \ ..� 4b JEN ti.-nCl 11 �Nib i k � 3Sl 1► 1 �!u � : s ►11 lu I TO: TIM ROONEY, CITY PLANNER FROM: BRET HUNT, PARK SUPERVISOR SUBJECT: PLAYGROUND STRUCTURE MATERIALS DATE: June 10, 1993 This is a material list for pre installation of playground equipment and resilient surfacing. 1 85 -90 yds. of Wood Chips $1474.00 8 5x5x20' Pressure Treated Timbers @ $27.50 220.00 8 10' - 4" Perforated Pipe @ $3.75 30.00 4 4" - 90 degree elbows @ $12.50 50.00 2 1500 square foot Fabric Filter @ $150.00 300.00 ' 2 Concrete Ramps @ $200.00 400.00 1 30 tons 1 1/2 inch marble 130.00 I ! `l --• -- i G.CrG • o, I G�ar.e �a ^C . •; ^. r4 e. G ry - FILL �4Gyyro::.'1C Sta ^Cnrt; DrairGGG v ,ji2mQ,S R. LemCn ar,C As_- ,cC:e,es "rc'liliRC�' • Site veve?come ^t Ga$t 107th Str ec JiSZ. CkizhCrra %4' 't jJ 1918 369 -2323 PC 2 1 Owasso City Council June 15, 1993 ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ' REQUEST FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AND MATERIAL FOR THE INSTALLATION OF SUCH EQUIPMENT. Lj 1 An appropriation in the Park Development Fund has been budgeted for the purchase and installation of parks equipment. Staff is proposing the purchase of two pieces of equipment - one for Rayola Park and one for Elm Creek Park. Because of a change in the bidding process, bids awarded by the City of Tulsa were utilized. John Phillips moved to approve the purchase of two pieces of playground equipment from Aaron Fence Co at a cost of $9282, wood chips for ground cover from Rex Playground Equipment at a cost of $1474, and $1130 for the purchase of items for installation. Motion was seconded by Mayor Randolph. AYE: Phillips, Randolph, Barnhouse, Burris NAY: None Motion carried 4 -0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AUTHORIZATION TO SOLICIT BIDS FOR IMPROVEMENTS TO THE WATER, WASTEWATER, AND STREET SYSTEMS FUNDED BY A CDBG -ED GRANT, PROJECT #5252 MAX BUCHANAN INFRASTRUCTURE. On April 6, 1993, the City Council awarded a contract to Sack and Associates to design, prepare bid documents, administer the contract, and issue final reports for a street connecting the south end of Main Street and the easterly edge of the Max Buchanan property, a sanitary sewer line, and a water line. The plans, contract documents, and bid specifications have now been received from Sack. Charles Burris moved, seconded by John Phillips, to authorize the solicitation of bids for the construction of water mains, wastewater collection mains, and the extension of South Main Street to the Max Buchanan site. AYE: Burris, Phillips, Barnhouse, Randolph NAY: None Motion carried 4 -0. 7 L MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR AMENDMENTS TO BUDGET DATE: March 10, 1994 BACKGROUND: Last summer members of the Owasso Public Golf Authority contacted state officials with the Department of Transportation for the purpose of determining if there were funds available to assist the Authority in the construction of a road providing access to the golf course. Subsequent to that contact with the ODOT, the Authority was informed that there may be funds available, but any appropriation would have to be made to the City in the same manner as the appropriation for the road improvements for the Max Buchanan Company. The golf authority could not afford to wait until state - appropriated funds were available to build the entrance road. Therefore, the road was constructed using a joint agreement with Tulsa County whereby the Authority paid for all of the material (gravel, asphalt, etc) and the County provided the labor and equipment. Total cost of the road building material was $27,820. Two weeks ago the City was contacted by the Oklahoma Department of Transportation and informed that ODOT has allocated funds to reimburse the cost of the golf course entrance road and that those funds would be added to the current ODOT grant of $40,000 for the Max Buchanan access project, for a total grant of $67,860. In order to accomplish the initial goal of the request to ODOT, the City would have to be willing to accept the grant and then transfer the additional $27,860 to the Owasso Public Golf Authority as intended by the ODOT. To accomplish that transfer and maintain a record of the financial activities, the Council should take the following actions: 1. Increase the FY93 -94 estimate of revenues from grants by $27,860. 2. Approve a supplemental appropriation to the General Fund Economic Development Department in the amount of $27,860. 3. Approve a transfer of funds from the City to the Golf Authority in the amount of $27,860. (Note: This item will not be requested until the grant is actually received.) Request for Amendments to Budget March 10, 1994 Page 2 Even though the City did not initiate the request for funds from ODOT, the City staff has on several occasions been involved in providing information to the State Department of Transportation relating to the grant. The staff is now ready to request the final reimbursement of ODOT funds for the Max Buchanan project (final acceptance of project is listed on this agenda), and must include the reimbursement request for the road to the golf course in that request as per instructions from the ODOT. In keeping with established procedure, and to ensure a proper audit trail, budget amendments should be made prior to the acceptance of grant funds. The requested actions will not impact City finances in any way. However, the golf authority will receive a reimbursement of $27,860 that can be used for improvements to the facility. RECOMMENDATION: The staff recommends Council approval of an amendment to the FY 1993 -94 budget by increasing the General Fund Estimate of Revenues by $27,860 and supplementally appropriating $27,860 to the Economic Development Department. u 1 a a ►I 1 lu TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: CITY COUNCIL AGENDA ITEM #11 DATE: March 14, 1994 In reviewing the bids submitted for the purchase of a 1993 Chevy Corsica, it has been discovered that Classic Chevrolet is unable to provide warranty for a period of three years or 36,000 miles from the date of delivery as required in the bid specifications. The second low bidder, Keystone Chevrolet has met that specification. Keystone's bid was $8.00 higher than Classic's, and the vehicle meets all of the specifications. Therefore, the staff recommendation will be to approve an expenditure of $8858 to Keystone Chevrolet and that payment of such expenditure be authorized for the purchase of one 1993 Chevrolet Corsica, and that a supplemental appropriation of $8850 be approved for the General Fund Managerial Department. The vehicle will be available Tuesday evening for your inspection. II MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO PURCHASE VEHICLE DATE: March 10, 1994 BACKGROUND: On January 18, 1994, the City Council directed that the City Manager take action to purchase an automobile. That direction came after the Council received information that the fire chief's 1989 Chevrolet would be transferred to the police department to replace a 1984 Plymouth with more than 150,000 miles. Previous to that decision, the fire chiefs car was to have been transferred to the City Manager upon receipt of the chief's new vehicle. The staff has reviewed the resources available and determined that it would be in the best interest of the City to purchase a smaller, program car that would not cost as much as a new vehicle. Since the City currently owns two Chevrolet Corsicas, it was decided to seek another of those models. Bid specifications were developed and sent to area vendors, as well as banking institutions that often have repossessed vehicles for sale. Bids were opened on March 9. Three bids were received and tabulated. In order of price, those bids are listed below: Rogers County Bank - $9400 on 1993 with 25,615 miles Keystone Chevrolet - $8858 on 1993 with 27,437 miles ' Classic Chevrolet - $8,850 on 1993 with 23,205 miles The city garage has inspected the two low bid vehicles and found them to meet the bid t specifications and to be in satisfactory condition without any defects not usually associated with vehicles of this mileage. 11 Request to Purchase Vehicle March 10, 1994 Page 2 REOUEST: This request is for Council approval of the expenditure of $8850 for one 1993 Chevrolet Corsica from Classic Chevrolet Inc, Owasso, Oklahoma. It is further requested that the Council approve a supplemental appropriation in the amount of $8850 to the General Fund Managerial Department. 1 1il►11� -71�1< Funding for this request is anticipated to be derived through revenue collections that exceed estimates or from reserves currently on hand. This expenditure was not a budgeted item, but there are funds available for a supplemental appropriation. PREVIOUS ACTIONS RELATING TO THIS ISSUE: March 1993 - 1993 Dodge purchase for City Manager May 1993 - Dodge transferred to Police Department for Chief s use December 1994 - 1994 Chevrolet Caprice Purchased for Fire Chief with plan to transfer Chief's old car to City Manager January 1994 - 1984 Plymouth detective vehicle with 150,000 miles declared unsafe - decision made to replace with Fire Chief's old car as soon as replacement is received January 1994 - Council directs City Manager to purchase vehicle for his use RECOMMENDATION• It is recommended that the Council approve an expenditure of $8850 to Classic Chevrolet and that payment of such expenditure be authorized for the purchase of one 1993 Chevrolet Corsica, and that a supplemental appropriation of $8850 be approved for the General Fund Managerial Department. ATTACHMENTS: 1. Bid Tabulation Form 2. Bid Specifications BID DOCUMENTATION Item: 1993 Chevy Corsica Opening Date: March 9, 1994 Number of Bids: 3 Opened By: Chief Alexander Witness: Marcia Boutwell Keystone Chevrolet $8858.00 Classic Chevrolet $8850.00 RCB $9400.00 City of Owasso 207 S Cedar Owasso, OK 74055 /S2ecific Requirements r , Vendor Ind is Certified actual milage shall not exceed 30,000 miles. 7,?/ 2. Must have factory paint any color, a minimum of four O doors. L 3. Must include the following equipment: * Air Conditioning: Factory installed. * Alternator: Heavy duty, minimum 60 amperes. * Anti - Freeze: Service to -20 F or lower. * Battery: Minimum cold cranking current shall be 400 amperes at 0 degree F, maintenance free. * Brakes: Anti -lock power assist type factory installed. �Z7 * Upholstery: Manufacturer's standard materials and color. * Floor Mats: Individual accessory front, color to coordinate with interior. * Owner /Operator's Manual. * Power Steering: Factory installed. * Tires: Four (4) steel belted radial ply tires and one (1) spare tire, which may either be of the same type as the other four or of the "space saver" type per manufacturer's specifications. * Engine: The standard engine furnished shall utilize a factory standard fuel injection system. A minimum of 6 cylinders and a minimum displacement of 3.1 liters is required. Transmission: The transmission shall be a factory original automatic transmission with a minimum three (3) forward speeds and one (1) reverse speed. 4 t � 4. Must supply, as a part of the bid, a list of all equipment and °interior and exterior trim, upholstery, color and appointments listed by the manufacturer or added by the ' dealer for the vehicle offered. a ,M y. r 1 BID PROPOSAL - SUBMITTAL PAGE i' 1993 Chevrolet Corsica A VEHICLE SUMMARY,,,, MAKE: Chevrolet MODEL: Corsica ENGINE TYPE: 3.1 MULTI -PORT. FUEL INJECTION ACTUAL MILES: 23205 TIRE BRAND & SIZE: 14" GOODYEAR EPA ESTIMATED MPG (HIGHWAY): 29 EPA ESTIMATED MPG (CITY): 21 ADDITIONAL ACCESSORIES: NOTE: PLEASE ATTACH SEPARATE PAGE LISTING ALL OTHER EQUIPMENT AND OPTIONS. TOTAL BID PRICE ON VEHICLE: $8850 I hereby ack wledge that I have read the specifications and that I am legal7bo b e ove statement. Signature ASSISTANT SALES MGR. Title CLASSIC CHEVROLET Address 8600 N. MINGO VALLEY E%PWAY OWASSO OK. 74055 Telephone 272 -1101 Bid Opening: March 9, 1994, 3:00 .m.. a 1 1 7 l i ,r P% v. NON- COLLUSION BID AFFIDAVIT STATE OF Off'• ) SS COUNTY OF TIILSA ) I , TIM ROGERS , of lawful age, being duly sworn on oath, says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; nor in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder /contractor has not paid, given nor donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid. BIDDER ROGERS/ /C /0 CLASSIC CHEV. � L Sicifature Subscribed and sworn before me Notary Public My Commission Expires: 10 -15 -97 this 8 day of MARCH NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL. , 1993. OPTIONS ON VEHICLE: V6 AUTO A/C TILT STEREO REAR DEFOG IT INTERIOR THANKS AGAIN! HOPE WE GET YOUR BUSINESS. THERE'S NO BUSINESS LIRE LOCAL BUSINESS! 7 TIM GERS TR/ rl - - VZ Lam_ .. .. ..._ y••... ..V 1- - $f o SID PROPOSAL -- SUBMITTA.L PAGE 1993 Chevrolet Corsica VEHICLE SUMMARY MAKE: Chevrolet MODEL: Corsica ENGINE TYPE: 3, �b ACTUAL MILES: c� -7 43-7 TIRE BRAND & SIZE: EPA ESTIMATED MPG (HIGHWAY): 3c�, EPA ESTIMATED MPG (CITY): g ADDITIONAL ACCESSORIES: NOTE: PLEASE ATTACH SEPARATE PAGE LISTING ALL OTHER EQUIPMENT AND OPTIONS. vw%cLe 8-3 o� TOTAL BID PRICE ON VEHICL� I hereby acknowledge that I have read the specifications and that I am legally bound by he above statement. } Siq ature. Title ss 0) Al c-, 5 0 K iA q5= Telephone Bid Opening: March 9, 19944 3:00 p.m. 0 �r QUOTATION Chevrolet Ga® T, 246 c ',v— ?,., Propow MARIA A. ALEXANDER MARCH 8, 1994 Attention Date WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION: 1993 CHEVROLET CORSICA 4DR 6 YEAR MAKE MODEL BODY TYPE CYLINDERS WHITE BURGANDY AUTOMATIC s COLOR UPHOLSTERY TRANSMISSION TIRES s PRICE - F.O.B. s 8315. FEDERALTAX = TRANSPORTATION = CONDITIONING AND HANDLING s ACCESSORIES: DnwFD 1 nryr, TILT WHEEL = s s s s s s s s s $ s TOTAL s LESS FLEET DISCOUNT = TOTAL : LESS USED CAR ALLOWANCE- DESCRIPTION = q43 Q0 3 YEAR / 36,000 NET PRICE s 8858.00 TRUSTING THIS 15 THE DESIRED INFORMATION AND THAT WE MAY BE FAVORED WITH THIS BUSINESS. WE REMAIN YOURS VERY TRULY. BY��1.��il l r BOBBY E. dUMMINGS Bid based upon payment within 10 days of delivery of invoice for completed unit, any delay in payment would result in an additional service charge to cover our interest expense. Unit was bid entirely dependent on purchasers bid specification and bidder, not being manufacturer of the equipment nor the manufacturer's agent, makes no express or implied warranty of any kind whatsoever with respect to the equipment including but not limited to: merchantability of the equipment or its fitness for any particular purpose; the design or the condition of the equipment; the quality or capacity of the equipment; workmanship in the equipment; compliance of the equipment with requirements of any rule specification or contract pertaining thereto; or latent defects. The only warranty applicable to a new vehicle is the printed new vehicle warranty delivered to purchaser with such vehicle, and it is agreed that such warranty is not the warranty of bidder but solely that of the manufacturer. ow NON - COLLUSION BID AFFIDAVIT STATE OF 60.411061 _ ) SS COUNTY OF K S A ) +� b� �,� , of lawful age, being dull sworn on I, oath, says hat {s)he is he agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidde =s in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor with any government official or employee as to quantity, ' quality, or price in the prospective contract, or any other terms of said prospective contract; nor in any discussions between bidders and any government official concerning exchange of money or other things ' of value for special consideration in the letting of a contract; that the bidder /contractor has not paid, given nor donated to any officer or employee of the l�ieC�l° foawindire�tlYninathe any procuringrof other �che awards of value, either directly of a contract pursuant to this bid. -t h .� Subscribed and sworn before me this day of 199 Notary Public My Commission Expires: I Cl -I% (I- NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL. 03 -07 -94 02 2'��:;� -R3M 0W SS0 P- Specific Requirements Vendor Initials 1. Certified actual milage shall not exceed 30,000 miles, 2. Must have factory paint any color, a minimum of four doors. �l 3. Must include the following equipment: n* Air Conditioning: Factory installed. * Alternator: Heavy duty, minimum 60 amperes, * Anti - Freeze: Service to -20 F or lower. * Battery: Minimum cold cranking current shall be 400 amperes at 0 degree F, maintenance Q� free. !_ Brakes: Anti -lock power assist type factory installed. * Upholstery: Manufacturer's standard materials and color. * Floor Mats: Individual accessory front, color to coordinate with interior. * Owner /Operator's Manual. � * Paver Steering: Factory installed. * Tires: Four (4) steel belted radial ply tires and one (1) spare tire, which may either be of the same type as the other four or of the "s-oace saver" typ= per manufacturer's specifications. Engine: The standard engine furnished shall utilize a factory standard fuel injection system. A minimum of 6 cylinders and a minimum displacement of 3.1 liters is required. * Transmission: The transmission shall be a factory original automatic transmission with a minimum three (3) forward speeds and one (1) reverse speed, 4. Must supply, as a part of the bid, a list of all equipment and interior and exterior trim, upholstery, color and appointments listed by the manufacturer or added by the dealer for the vehicle offered. 1 1 1 1 1 5 Specific Requirements r Vendor U / Initials ( LA— 1. Certified actual milage shall not exceed 30,000 miles. 1.4— 2. Must have factory paint any color, a minimum of four doors. 3. Must include the following equipment: 1— * Air Conditioning: Factory installed. * Alternator: Heavy duty, minimum 60 amperes. Anti - Freeze: Service to -20 F or lower. Battery: Minimum cold cranking current shall be 400 amperes at 0 degree F, maintenance free. Brakes: Anti -lock power assist type factory installed. * Upholstery: Manufacturer's standard materials and color. Floor Mats: Individual accessory front, color to coordinate with interior. * Owner /Operator's Manual. nr * Power Steering: Factory installed. Tires: Four (4) steel belted radial ply tires and one (1) spare tire, which may either be of the same type as the other four or of the "space saver" type per manufacturer's specifications. 'Y * Engine: The standard engine furnished shall utilize a factory standard fuel injection system. A minimum of 6 cylinders and a minimum displacement of 3.1 liters is required. \� * Transmission: The transmission shall be a factory original automatic transmission with a minimum three (3) forward speeds and one (1) reverse speed. 4 ' 4. Must supply, as a part of the bid, a list of all equipment and interior and exterior trim, upholstery, color and appointments listed by the manufacturer or added by the ' dealer for the vehicle offered. Fhb Frh AA z , e 'TI I-T- " A. r p -3- R &4rc- uOIN 0O x i ' �Ou) i2 AOC A-' S 1 1 ' S BID PROPOSAL - SUBMITTAL PAGE 1993 Chevrolet Corsica VEHICLE SUMMARY MAKE: Chevrolet MODEL: Corsica ENGINE TYPE: 7 ACTUAL MILES: Al— TIRE BRAND & SIZE: EPA ESTIMATED MPG (HIGHWAY): EPA ESTIMATED MPG (CITY): ADDITIONAL ACCESSORIES: NOTE: PLEASE ATTACH SEPARATE PAGE LISTING ALL OTHER EQUIPMENT AND OPTIONS. TOTAL BID PRICE ON VEHICLE: I hereby acknowledge that I have read the specifications and that I am legally/bounfi,,b�j t/he above statement. SXgnature Title P, 0 �,�A 6 X- -3 Address (S' A7c/ /,//7 Telephone Bid Opening: March 9, 1994, 3:00 p.m. 6 1 i NON - COLLUSION BID AFFIDAVIT STATE OF ) SS COUNTY OF ) I, /'l'P' - ':5�/ C-U- , of lawful age, being duly sworn on oath, says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; nor in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder /contractor has not paid, given nor donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid. BIDDER: H1</ %mV /1 4)Ul"'S-� gnatute Subscribed and sworn before me this Notary Public V My Commission Expires: Lday of 199 II NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL. L a A .6 R ON x wjr_ 'CR_ V -.1--w- 5.. 4. r- ae R -,-: -3� K 14 R M , q. Ai ------- x. Owl- � ON, MW ut S. R ryl RCB Bank V!V. Attn: Kirk Shell A'W 86th St. N. & Hwy. 169 xr 6 ' Owasso, OK 74055 t MEMORANDUM 1 t N TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: RESOLUTION #9t 03 - SIGNALIZATION PROJECT FOR U.S. 169 AT 76TH ST NORTH DATE: March 10, 1994 BACKGROUND: Since May of 1985, the City of Owasso has been actively involved in seeking approval of a Federal Department of Transportation local governmental aid project. The goal of the project is to provide traffic control improvements to the intersection of U.S. 169 and 76th Street North. On four previous occasions, the project has been delayed due to funding cuts or priority changes by the state. In May of 1993, the City once again petitioned the State Department of Transportation for funding of the project. At that time the City was informed that the project would be funded as a priority project with FY94 monies. The state requested new construction plans and promised a 100% federally funded project if the construction plans were updated and submitted by October 1, 1993. On June 8, 1993, the City Council approved a contract in the amount of $2000 for engineering services with Traffic Engineering Consultants, Inc for the purpose of developing updated construction plans for the project. The updated plans were submitted to ODOT on August 18, 1993. A plan review meeting was conducted in December 1993 and a decision to proceed with the project was made at that time. Two weeks ago the staff received notice from ODOT that the project had been approved for an April contract award, but that the project had been reduced to a 75 % federal, 25 % local match formula. Based on that formula and a total project cost of $150,000, the City share of the cost would have been $37,500. Since the City had not budgeted funds for the project, and because the original concept called for a fully funded federal aid project, the staff requested a meeting with ODOT officials to discuss the funding requirements. Last week the staff did meet with ODOT representatives and Signalization Project March 10, 1994 Page 2 were subsequently informed (on Friday, March 4) that the project had been restored to 100% funding. Subsequently, ODOT transmitted project agreement contracts for the City to review and consider. The project agreement requires the City to maintain the signals and provide electricity after they are installed (annual cost is estimated to be $600). While there are other requirements for the City, they are related to standard ODOT policy and do not require any commitment of funds. The ODOT is required by the agreement to bid, award and construct the signalization project at a cost of $150,000. Additionally, the ODOT is responsible for construction inspections and a final acceptance inspection. Resolution No 94 -03, if approved by the Council, will formalize the City's acceptance of the project agreement and authorize the Mayor to execute the necessary documents. The ODOT staff would like to place this project on the April contract "letting". In order to do that, the project agreement must be returned no later than March 25. The staff has reviewed the documents and submitted them to the City Attorney for his review. PREVIOUS ACTIONS RELATING TO THIS ISSUE: April 2, 1985 - Council passed Resolution #85 -11 requesting federal aid project May 3, 1985 - Project added to transportation plan (INCOG) September 16, 1985 - City Council employs Tuttle and Associates to prepare engineering plans for project at a cost of $18,000 July 1986 - Engineer presents final plans to ODOT August 6, 1986 - ODOT delays funding March 21, 1989 - Council passes Resolution #89 -02 approving project agreement October 1989 - ODOT delays funding due to priority September 1990 - Staff requests project funds for FY91 -92 from ODOT October 1990 - ODOT delays funding due to cutbacks May 1993 - Council requests staff to place project as priority for City - request made to ODOT for funding January 1994 - Announcement made that funding for project is approved by ODOT RECOMMENDATION: The staff recommends Council approval of Resolution No 94 -03. NOTE: If the agreement is approved, it is anticipated that construction will begin in July. Signalization Project March 10, 1994 ' Page 3 ATTACHMENTS: 1. Project Agreement 2. Resolution No 94 -03 3. Memorandum dated June 4, 1993 41 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY COUNCIL SUBJECT: REQUEST FOR APPROVAL OF CONTRACT WITH TRAFFIC ENGINEERING CONSULTANTS DATE: June 4, 1993 BACKGROUND: In 1985 the City Council employed an engineering firm (Jeff Tuttle Associates) to prepare a design for traffic signalization of the U.S. 169 and 76th Street interchange. The Oklahoma Department of Transportation had told the City that 100% federal grant funds were available to construct the improvements if Owasso would provide the long term maintenance. The plans for the project were completed in June of 1985 and forwarded to ODOT for review and submission as a grant request. From June 1985 to April of 1987 there apparently was no follow up on the request or plans. In June of 1981, the City requested a status of the project and was informed that the plans needed to be updated as per the ODOT review comments. The City again contracted with Tuttle and Associates to update the plans and, after completing the update, submitted them to ODOT. In November of 1987 the City staff met with ODOT for a "Plan-in- Hand", on -site review. After that meeting the City was notified that the project would be placed on the April 1988 bid letting. In March of 1988, the City requested a status report and was told that funds were "short" and that the project would not be on April's bid list, and that the project would be eligible again after October 1988. In December of 1988 the City was told that funds still were not available and that we would have to wait until the project became a priority. Then in 1989 the ODOT decided to signalize the 86th & U.S. 169 interchange as a higher priority project. That project was completed in 89 -90 and attempts since then to get the 76th Street project back "on track" have met with little success. In late 1992 and early 1993, the project was discussed with Senator Cullison by Mayor Randolph. Last week the staff was asked to meet with ODOT officials for the purpose of discussing the project. The ODOT representatives indicated that they wanted to do the 76th Street signalization project and that, if Owasso could update the plans to meet current ODOT standards in time to meet the October 1993 fiscal year end, they believed there would be enough money to fund the project. They also said that after October 1993 Governor Walters intended to remove the 100% grant funds and replace them with 30% grant funds for these projects. Memorandum ' Request for Approval of Contract with Traffic Engineering Consultants June 4, 1993 ' Page 2 The staff sought input from various sources regarding which engineering firm could put together an update of the plans so they would meet ODOT criteria on the first review. Quick, accurate plans are vital to the success of our October approval. After a review of firms currently doing ODOT projects, the staff selected Traffic Engineering Consultants Inc as the firm best qualified ' to quickly update and present our project to ODOT. In checking with ODOT, we have confirmed the firm's reliability and their familiarity with ODOT standards. At that point, the staff requested that "TEC" prepare a price estimate and contract for the update, and further provide a time frame for completing the project and submitting it to ODOT. The firm developed a contract, set a price of $2000 for the work, and confirmed that the updated ' plans could be submitted to ODOT by August 15, 1993. ' The staff believes the City should take the opportunity to get this project on the grant list and on the ODOT bid list. Please note that there is still a question as to the availability of funds, but it is the consensus of opinion that this is our best shot to get the project under way. Also note that, even in the event the October bid letting was not accomplished, the City still has one other option available for 80 -20 (80 federal -20 local) money under another program because 76th Street is actually on the state highway system from U.S. 169 west to Main Street. Therefore, ' the update of the construction plans will not be wasted. ' RECOMMENDATION: The staff recommends Council approval of a contract between the City of Owasso and Traffic ' Engineering Consultants Inc in the amount of $2000 for the purpose of updating plans for signalization of 76th Street and U.S. 169. II ATTACHMENT: I1 1. Proposed Contract June 3, 1993 Mr. Rohn Munn The City of Owasso 207 South Cedar Owasso, OK 74055 TRAFFIC ENGINEERING CONSULTANTS, INC. RE: Traffic Signal, U.S. 169 & 76th Street Dear Mr. Munn: Transmitted herewith for execution by the City of Owasso are three copies of the contract for engineering services for the project referenced above. Traffic Engineering Consultants, Inc. is prepared to begin work on the project immediately after receiving notice to proceed. We will be able to begin work without the originals, but will need them as soon as the City is able to obtain them. We appreciate the opportunity to provide our services to the City of Owasso and look forward to working on this project. If you should have any questions, please call. Sincerely, �'q Todd E. Butler, P.E. Traffic Engineer TEB /j f enclosures :0281 -400 6 CONTRACT FOR ENGINEERING SERVICES This contract is made and entered into this day of , 1993, by and between the CITY OF OWASSO, a municipal corporation, located in Tulsa County, Oklahoma (hereinafter referred to as "City "), and TRAFFIC ENGINEERING CONSULTANTS, INC., a corporation, of 6301 N. Meridian, Suite 100, Oklahoma City, OK 73112 (hereinafter referred to as "Engineer "). 1. The City hereby contracts for the services of Engineer to prepare plans and specifications for traffic signalization improvements to the intersection of U.S. 169 ramps and 76th Street North located within the corporate limits of the City of Owasso, Oklahoma. The plans shall include the installation of new traffic signals and roadway modifications in accordance with the Oklahoma Department of Transportation latest standards and specification. 2. The Engineer agrees to furnish all labor, materials, tools and equipment and to perform all Registered Professional Engineering and other professional services necessary to the preparation of such plans, specifications and estimates and to provide all professional engineering supervision as required by the Oklahoma Department of Transportation (the Department) and, if applicable, by the Federal Highway Administration for the proper design of said project. The Engineer warrants and agrees, upon acceptance of this contract by the City, to diligently pursue said work to its completion in a professional and workmanlike manner; to provide the engineering services as required for prompt completion of said work; and to assign only qualified personnel to this project. 3. Engineer agrees to perform the engineering services for a lump sum fee, payable monthly, based on the work completed. The sum of payments shall not exceed the percentage of the total fee as set forth below: Final Plans 90% Acceptance by ODOT for Letting 100% The maximum total aggregate fee paid by the City to the Engineer shall not exceed the sum of Two Thousand Dollars ($2,000.00). 4. Engineer shall provide all information necessary should the City require an audit or proof of work completed prior to the payment of a claim. The City agrees to properly and promptly execute and submit payments to the Engineer upon receipt of statement for work accomplished by the Engineer as specified in this contract. 5. The City and the Engineer agree that all work to be completed under this contract shall be performed by the Engineer and in compliance with all applicable State and Federal laws, rules and regulations. 6. Approval of the plans and specifications by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents and consultants for the accuracy and competency of their designs, working drawings and specifications, or other documents and work; nor shall such approval be deemed to be an ' assumption of such responsibility by the City for any defect in the designs, working drawings, specifications, or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. After acceptance of the final plans by City, Engineer agrees prior to and during construction of this project, to perform such engineering services as may be required by City to correct errors or omissions on the original plans prepared by Engineer. 7. This contract is entered into subject to the Charter and Ordinances of the City of Owasso, Oklahoma, and the applicable laws of the State of Oklahoma. 8. This contract shall be considered the entire agreement between the parties hereto and the same shall not be modified or amended except by an agreement in writing, signed by both parties. 9. The Engineer warrants and affirms that he is fully aware of the facts and circumstances surrounding the making of this contract and that neither the Engineer nor anyone subject to the Engineer's direction or control has paid, given, donated or agreed to pay, give or donate any money or other thing of value, either directly or indirectly to any officer or employee of the City of Owasso or the State of Oklahoma in procuring this contract or in obtaining acceptance and payment hereunder. 10. This contract shall not become effective and shall have no validity whatsoever until accepted and signed by all concerned parties. Work shall commence by the Engineer upon receipt of this document or a copy thereof, executed by all parties, and shall be completed on or before August 15, 1993, if received by the Engineer prior to June 15, 1993. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and date set forth above. ATTEST: City Clerk (Seal) ATTEST: Secretary (Corporate Seal) CITY OF OWASSO BY: MAYOR ENGINEER: TRAFFIC ENGINEERING CONSULTANTS, INC. BY: Steven D. Hofener, President STATE OF OKLAHOMA ) COUNTY OF TULSA ) ACKNOWLEDGEMENT The foregoing instrument was subscribed and sworn to before me this day of ' 1993, by the Mayor of the City of Owasso, Oklahoma, a municipal corporation, on behalf of said municipal corporation. My Commission Expires: (Seal) STATE OF OKLAHOMA ) COUNTY OF TULSA ) Notary Public ACKNOWLEDGEMENT The foregoing instrument was subscribed and sworn to before me this day of � 1993, by the president of Traffic Engineering Consultants, Inc. a corp n, on behalf of said municipal corporation. My Commission Expires: Not r Pu (Seal) STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION 200 N. E. 21 st Street Oklahoma City, OK 73105 -3204 March 4, 1994 Mr. Rodney Ray City Manager P.O. Box 180 Owasso, Oklahoma 74055 -0180 Dear Sir: Ref: Project Number: STPG- 72B(409)UR State Job Number 0713304 City of: Owasso Improvement: SAFETY IMPROVEMENT Location: 76TH ST NORTH AT US 169 RAMPS We are transmitting three (3) copies of the project agreement for the noted improvement, which are to be executed by the City and all copies submitted to this office. We will return one (1) copy for your files after the required Department signatures have been obtained. We have scheduled the project to appear on the upcoming April bid opening. Please be advised that the project has been restored to 100% federal funding: Total Estimated Cost: $150,000 -Less 100 % Federal funds: $150,000 -City funds due: $0 Should you have questions or need additional information, please contact me at (405) 521 -2737. Sincerely, G�1 Mark Scott ' Urban Program Manager Local Government Division Transmittals , FORM UR -F -RES -300 RESOLUTION N0. 4 'O BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF OWASSO OKLAHOMA: THAT, WHEREAS it is in the best interest of the City of Owasso Oklahoma, to execute that certain Project Agreement for Federal -aid Project Number STPG- 72B(409)UR by and between the City of Owasso and the Oklahoma Department of Transportation; NOW, THEREFORE, it is hereby resolved that the Mayor is hereby authorized and directed to execute the above described agreement on behalf of the City of Owasso, and duly signed by the Mayor this day of CITY OF OWASSO Mayor ATTEST: City Clerk Approved as to form and legality this day of 19 City Attorney FORM UR -AG- 100(5 -93) AGREEMENT FEDERAL -AID URBAN SYSTEM PROJECT This Agreement, made the day and year last written below, by and between the City of Owasso, Oklahoma, hereinafter referred to as the CITY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to- wit: WITNESSETH: That the CITY requests that certain street improvements be approved for processing by the Oklahoma Transportation Commission as previously programmed by the CITY and designated as Federal -aid Project Number STPG- 72B(409)UR consisting of the actual improvements as follows: SAFETY IMPROVEMENT 76TH ST NORTH AT US 169 RAMPS WHEREAS, all construction is to be in conformance with the plans prepared by the CITY, at its sole expense, and are by reference made a part of this Agreement. Said plans are to be as a minimum in accordance with the Oklahoma Standard Specifications for Highway Construction. WHEREAS, the parties hereto have entered into a "Right -of -way, Public Utility and Encroachment Agreement," which provided inter alia that the CITY would be responsible for furnishing all right -of -way for said project, free and clear of all obstructions, encroachments, and that the CITY shall at its sole expense maintain the project after construction; and WHEREAS, nothing herein contained shall be construed in any way to modify, alter, rescind, or abridge any portion of the aforementioned Right -of -way, Public Utility and Encroachment Agreement; NOW THEREFORE, the parties hereto mutually agree as follows: (1) The CITY agrees to the location of the subject project and acknowledges receipt of and adopts the plans for said project as the official plans of the CITY for the streets, boulevards, arterial highways and /or other improvements contained therein; and further the CITY affirmatively states that it has fully and completely examined these plans and does hereby warrant to the DEPARTMENT the CITY's complete satisfaction with these plans, and the fitness of the plans to construct the aforesaid project. (2) The City agrees to prohibit parking on that portion of the project within the corporate limits of the CITY, except as may be indicated in the plans or hereafter approved by agreement with the DEPARTMENT. (3) The CITY further agrees and warrants to the DEPARTMENT that subsequent to the construction of said project, it will: (a) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 1971, Section 15 -104, 15 -105 and 15 -106, and subject to the agreement of the DEPARTMENT: (1) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be removed by the CITY to any point other than that which is approved by the DEPARTMENT prior to such removal. (2) In the event there is no mutually agreed location for the reinstallation, the CITY will assume complete ownership of the equipment following removal, if the installation is ten years old or older. If the installation is less than ten years old, and: Page (2) (a) In the event the CITY desires total ownership of the equipment, the CITY shall reimburse the DEPARTMENT for the original Federal funding percentage share for the original equipment cost only, amortized for a ten (10) year service life, interest ignored, and assuming straight line depreciation. (b) In the event the CITY does not desire total ownership of the equipment, the CITY shall sell the equipment at public auction to the highest bidder. The CITY shall reimburse the DEPARTMENT the original Federal funding percentage share of the proceeds of such sale. (3) Subject to agreement with the DEPARTMENT, regulate and control traffic on said project, including, but not limited to, the speed of vehicles, parking, stopping and turns and to make no changes in the provisions thereof without the approval of the DEPARTMENT. It shall be the responsibility of the CITY to notify the DEPARTMENT of any changes necessary to insure safety to the traveling public. (4) Maintain all that part of said project within the Urban /City Limits of the CITY, or any portion of said project which may hereafter be taken into the Urban/ ' City limits of the CITY, in a manner satisfactory to the DEPARTMENT and the Federal Highway Administration or their authorized representatives. C (5) Make ample provision annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, and specifically, ' to provide all required special maintenance of the project during the critical period immediately I following construction. Page (3) (4) The CITY further agrees and warrants to the DEPARTMENT concerning sign and highway facility lighting: (a) The CITY will upon notice from the DEPARTMENT Engineer provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. (b) Upon completion of the construction of said project, and by the DEPARTMENT, the CITY will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. (c) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified herein shall be continuously operated during the hours of darkness between sunset and sunrise and shall not be altered, removed or be allowed to cease operation with- out the mutual written consent of the DEPARTMENT and the CITY. (d) The CITY agrees to provide on a periodic schedule an inspection, cleaning and relamping maintenance program to assure the maximum efficiency of the highway lighting facilities. (e) In the event that highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be removed by the CITY to any point other than which is approved by the DEPARTMENT prior to such removal. (f) In the event there is no mutually agreed location for reinstallation, the CITY will assume complete ownership of the equipment following removal, if the installation is twenty years old or older. If the installation is less than twenty years old, and: Page (4) (1) In the event the CITY desires total ownership of the equipment, the CITY shall reimburse the DEPARTMENT for 75% of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. (2) In the event the CITY does not desire total ownership of the equipment, the CITY shall sell the equipment at public auction to the highest bidder. The CITY shall reimburse the DEPARTMENT 75% of the proceeds of such sale. (5) The CITY agrees, affirms and warrants to the DEPARTMENT that the CITY will be responsible, during and subsequent to the period of construction, for any repairs or maintenance to the approved detour route or any other street which may be required as a result of additional traffic. (6) The CITY agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252.42, U.S.C. 2000d -35 seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, of Secretary, Part 21 - "nondiscrimination of federally assisted Program of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act 1964." (7) The CITY agrees that it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. (8) The CITY agrees that local funds shall be used to provide its obligation of any nonparticipating costs and 00 percent of the construction cost, presently estimated at $0 which shall be deposited with the DEPARTMENT prior to advertisement for bids or prior to the end of the current fiscal year, whichever occurs.first. ' (9) The DEPARTMENT agrees that Federal -aid Surface Transportation Program funds shall be requested.to provide 100 percent of the allowable construction cost presently estimated at $150,000. Page(5) (10) Upon approval of this Agreement and the plans, specifications, and estimates by the DEPARTMENT and Federal Highway Administration, the DEPARTMENT shall agree to advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the project herein described is proposed to be financed as previously set forth, and that this Agreement, all plans, specifications, estimates of costs, acceptance of work, payments and procedures in general hereunder are subject in all things at all times to all Federal laws, regulations, orders and approvals as may be applicable hereto. (11) It is understood by the CITY and the DEPARTMENT that the funding participation stipulated herein may be altered due to construction supervision costs and /or nonparticipating items incurred during construction. Upon final acceptance of this project, the amount of Federal funds received and the amount previously deposited by the CITY will be deducted from the total cost and a refund will be made by the DEPARTMENT or additional funding will be requested from the CITY. (12) The DEPARTMENT agrees to construct said project in strict accordance with the plans of the CITY; provided that upon consultation with and agreement by the CITY, the DEPARTMENT shall have the right to make such changes in the plans and specifications as are necessary for the proper construction of the project. The DEPARTMENT shall provide competent supervision at all times that the work is in progress. The CITY shall have inspectors on the project site as the CITY determines necessary to insure construction of the project to the satisfaction of the CITY and shall have representatives available for consultation with the DEPARTMENT representatives to cooperate fully to the end of obtaining work strictly in accordance with the CITY's approved plans and specifications. Page (6) (13) Failure by the CITY to fulfill its responsibilities under this Agreement will disqualify the CITY from future participation in—any Federal -aid project. Federal funds are to be withheld until such time as the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. (14) It is further specifically agreed and understood between the CITY and the DEPARTMENT that upon final acceptance of this project, the CITY does hereby accept full, complete and total responsibility for this project. IN WITNESS WHEREOF, the Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the CITY has executed same pursuant to authority prescribed by law. The CITY on this DEPARTMENT on the APPROVED AS TO FORM AND LEGALITY By City Attorney APPROVED AS TO FORM AND LEGALITY By General Counsel day of day of _ , and the CITY OF OWASSO By Mayor ATTEST: By City Clerk STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION By Deputy Director Page (7) I MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR AUTHORIZATION TO PARTICIPATE IN DEVELOPMENT OF CABLE TELEVISION CONSORTIUM DATE: March 10, 1994 BACKGROUND: During the past several months the staff has participated in a series of meetings, seminars and discussions relating to cable television issues. These meetings were the result of a concern on the part of area city managers that individually we may not have the expertise and resources to fully understand and implement the options available under the 1992 Cable Television Consumer Protection Act. While that legislation did provide for re- regulation of some areas of cable television, it was written and designed to be a very complex process. Over the past six months, it has become clear to all of the cities involved in the meetings that the chances and degree of success in our dealings with the cable company will be enhanced if we join together in a consortium. By joining forces to develop an area -wide strategy (plan), then using the combined "clout" of our joint customer base to leverage our rate and service demands, the consortium can have a positive effect for our citizens. The group has requested that each city to consider their interest in such a consortium and, if interested, act to appoint a representative to work with the other cities in developing a concept that would then be brought back to each city council for further consideration. The representatives will be charged with the task of formalizing a document that, if approved by the individual cities, would create a consortium authorized to initiate certain actions on behalf of the cities. It should be noted that the action requested at this time does not commit the City of Owasso to any financial expenditures. Neither does it commit the City to become a part of a consortium. This action, if approved, will simply authorize the City Manager to represent the City in the development of the consortium concept, then report to the Council. The group is not expected to complete its work until June and should have a report for the various councils at that time. Cable Television Consortium March 10, 1994 Page 2 REQUEST: This request is for Council approval for city staff to participate with other area cities (Jenks, Glenpool, Sapulpa, Sand Springs, Skiatook, Tulsa, Broken Arrow, Coweta, Bixby, and Tulsa County) in the development of a concept relating to the creation of a consortium to deal with cable television issues. It is further requested that the City Manager be authorized to represent the City in development of that concept. FUNDING: The request contains no request for funds. No expenditure from existing appropriations or budget is requested. PREVIOUS ACTIONS RELATING TO THIS ISSUE: May 12, 1993 - City Attorney authorized to review and evaluate 1992 Cable TV Act. August 17, 1993 - Council authorized staff /attorney to file notice with FCC of Owasso's intent to regulate cable television activities. January 18, 1994 - Council adopted Ordinance #477 defining a cable television regulation process and authorized the City Attorney to file notice with TCI of such ordinance. RECOMMENDATION• The staff recommends Council approval for the City of Owasso to participate in the development of a cable television consortium concept, and that the City Manager be authorized to represent the City in that endeavor. ATTACHMENTS: 1. Memorandum dated January 13, 1994 from Mr Ray 2. Memorandum dated August 12, 1993 from Mr Ray 3. Ordinance #477 4. Memorandum dated August 6, 1993 from Mr Cates 5. Memorandum dated January 12, 1994 from Mr Cates II MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: ORDINANCE #477 REGULATING CABLE TELEVISION DATE: January 13, 1994 BACKGROUND On August 17, 1993, the City Council authorized the staff to file the necessary documents declaring the City's intent to regulate cable television activities as provided for by the "Cable Television Consumer Protection and Competition Act of 1992 ". Additionally, on that same date the Mayor was authorized to execute a notice to Owasso's cable provider (TCI Cable) relating to that intended regulation. Those actions by the staff and Mayor have been implemented, thereby meeting the first steps required by the FCC if a city is to be empowered to regulate cable rates. Since that time, the staff has concentrated on a review of the FCC rules that must be followed in order to implement the actual regulation. Additionally, a review of the methods of that regulation was undertaken by the staff, working with other area cities. Those reviews and research by Mr Cates indicated that an ordinance was the best method for developing a �` regulation process. For the past several months Mr Cates has worked as the City's coordinator for these activities and has now completed an ordinance that establishes a well defined regulation process for cable television. Adoption of this ordinance is critical to our ability to implement cable television regulation. If passed, Ordinance #477 would allow the City to begin the process of regulating cable television rates in the "basic tier" of service. Mr Cates has provided a more detailed explanation of the ordinance in a memorandum attached for your review. If you have questions after reviewing that memorandum and the attached ordinance, please call Mr Cates (582 -7447) or me. Please note that the staff has requested the attachment of an "Emergency Clause" to Ordinance #477. This request is due to a requirement that TCI be notified prior to January 31, 1994 that a process is in place and regulation of their service will be implemented. Also, it should be noted that in addition to limited rate regulation, the ordinance provides for the establishment of "service standards ". It is the staff opinion that this area of regulation could prove to be the most important at this time. J MEMO TO: The Honorable Mayor, Members of the City Council and Rodney J. Ray, City Manager FROM: Ronald D. Cates, City Attorney RE: Owasso Basic Cable Television Service Rate Regulation Ordinance DATE: January 12, 1994 Presented for the Council's consideration is a proposed Basic Cable Television Service Rate Regulation Ordinance. As you will recall, under the Cable Television and Consumer Protection Act of 1992, as amended, as well as Federal Communication Commission Regulations promulgated pursuant thereto, a regulating municipality, obtaining certification for rate regulation, is required within 120 days of such certification to adopt rate regulation procedures. The submitted Owasso Basic Television Service Rate Regulation Ordinance accomplishes such task. Essentially, the proposed ordinance provides for the following, to -wit: 1) Definitions; 2) Initial Review of basic cable service rates; 3) Review of requests for increase in basic cable service rates; 4) Cable operator information; 5) Automatic Rate Adjustments; and, 6) Enforcement. Contained within the above outlined categories are provisions for notification to the cable operator, submission by the cable operator to the City Council for approval of a requested rate, provisions for public hearing, provisions for Council consideration and determination as well as provisions for cable operator appeal to the Federal Communications Commission. These provisions are applicable both to the initial basic cable service rate as well as any subsequent rate adjustments. The proposed ordinance contains an emergency clause seeking it's effectiveness immediately upon adoption of such by the Council. The emergency clause adoption is requested due to the fact it is necessary that this ordinance be adopted prior to the 31st day of January, 1994. I apologize for the necessary expedited consideration of the ordinance; however, municipal attorneys in the Tulsa metropolitan area had determined that in order to avoid incurrence of thousands of dollars of costs on the part of our clients in creation of a cable rate regulation ordinance, it would be better to await the creation of a prototype cable rate regulation ordinance by the National Institute of Municipal Officers (NIMLO) which could then be readily utilized by the rate I = CITY OF OWASSO, OKLAHOMA Ordinance No. AN ORDINANCE AMENDING PART 17, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, BY ENACTING A NEW CHAPTER 4, SECTIONS 1000 THROUGH 1006, RELATED TO REGULATION OF BASIC CABLE TELEVISION SERVICE RATES WITHIN THE CORPORATE LIMITS OF THE CITY OF OWASSO; DEFINING CERTAIN TERMS; ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE INITIAL REVIEW OF BASIC CABLE SERVICE RATES; ESTABLISHING PROCEDURES FOR CABLE TELEVISION SERVICE OPERATORS TO REQUEST AN INCREASE IN BASIC CABLE TELEVISION SERVICE RATES; PROVIDING CERTAIN PROTECTIONS FOR PROPRIETARY INFORMATION PRODUCED BY A CABLE TELEVISION OPERATOR TO THE CITY; PROVIDING FOR AUTOMATIC ADJUSTMENTS TO BASIC CABLE TELEVISION SERVICE RATES, IN ACCORDANCE WITH FEDERAL COMMUNICATIONS COMMISSION REGULATIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1. That Part 17, Chapter 4, of the Code of Ordinances of the City of Owasso, Oklahoma, be and the same is hereby enacted to read as follows: SECTION 1000. SHORT TITLE This Chapter shall be known and may be cited as the "Owasso" Basic Cable Television Service Rate Regulation Ordinance." SECTION 1001. DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not directory. A. Basic Cable Service Rates. Monthly charges for a subscription to the Basic Cable Service Tier, including charges for associated equipment. Cross References Franchising authority review of basic cable rates and equipments costs, see 47 CFR §76.933. CABLERAT.ANN 010994 13:23 F. Channel. A portion of the electromagnetic frequency spectrum which is used as a unit of cable television service identified and selected by a number or similar designation. Cross References Definitions, "cable channel" or "channel ", see 47 USC, §522(4). G. City. The City of Owasso, Oklahoma, a municipal corporation in its present incorporated form or in any other reorganized or changed form. H. Cost -of- Service Showing. A filing in which a Cable Operator attempts to show that the Benchmark rate or the Price Cap is not sufficient to allow the Cable Operator to fully recover the costs of providing the Basic Cable Service Tier and to continue to attract capital. Cross References Rates for the basic service tier and cable programing services tiers, initial permitted per channel charge, pursuant to a cost of service proceeding, see 47 CFR §76.922(b)(1)(i). Rates for the basic service tier and cable programing services tiers, subsequent permitted per channel charge, pursuant to a cost of service showing, see 47 CFR §76.922(c)(1). Cost accounting and cost allocation requirements, applicable for cost -of- service showings, see 47 CFR §76.924. I. Council. The City Council of the City or any body constituting in the future the legislative body of the City. J. FCC. The Federal Communications Commission or its successor. K. Initial Basic Cable Service Rates. The rates that a Cable Operator is charging for the Basic Cable Service Tier, including charges for associated equipment, at the time the City notifies the Cable Operator of the City's qualification and intent to regulate Basic Cable Service Rates. Cross References Rates for the basic service tier and cable prograrrning services Tiers, initial permitted per channel charge, see 47 CFR §76.922(b). L. Person. An individual, corporation, partnership, association, joint stock company, trust corporation or governmental entity. M. Price Cap. The ceiling set by the FCC on future increases in Basic Cable Service Rates regulated by the City, based on a formula using the Gross National Product fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation. Cross References 3 CABLERAT.ANN 010994 13:20 after submission unless tolled, see 47 CFR §76.933(a). 2. If the City Council takes no action within thirty (30) days from the date the Cable Operator filed its Basic Cable Service Rates with the City, the proposed rates shall continue in effect. Cross References Franchising authority review of basic cable rates and equipment costs, rates effective 30 days after submission unless tolled, see 47 CFR §76.933(a). C. Extended review period. 1. If the City Council is unable to determine whether the Cable Operator's Basic Cable Service Rates are within the FCC's Reasonable Rate Standard based on the material before it, or if the Cable Operator submits a Cost -of- Service Showing, the City Council shall, within thirty (30) days from the date the Cable Operator filed its Basic Cable Service Rates with the City and by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination: 5 CABLERAT.ANN 010994 13:20 1 Cross References Participation of interested parties, see 47 CFR §76.935. Commission review of franchising authority decisions on rates for the basic service tier and associated equipment, any participant at the franchising authority level in a rate making proceeding may file an appeal, see 47 CFR §76.944(b). G. Benchmark analysis. If a Cable Operator submits its current Basic Cable Service Rate schedule as being in compliance with the FCC's Reasonable Rate Standard, the City Council shall review the rates using the Benchmark analysis, in accordance with the standard form authorized by the FCC. Based on the City Council's findings, the Initial Basic Cable Service Rates shall be established as follows: 1. If the current Basic Cable Service Rates are equal to or below the Benchmark, those rates shall become the Initial Basic Cable Service Rates and the Cable Operator's rates shall be capped at that level. Cross References Rates for the basic service tier and cable programming services tiers, initial permitted per channel charge, see 47 CFR §76.922(b)(1)(ii)(A). 2. If the current Basic. Cable Service Rates exceed the Benchmark, the rates shall be the greater of the Cable Operator's per Channel rate on September 30, 1992, reduced by ten percent (10 %), or the applicable Benchmark, adjusted for inflation and any change in the number of Channels occurring between September 30, 1992 and the initial date of regulation. Cross References Rates for the basic service tier and cable programming services tiers, initial permitted per channel charge, see 47 CFR §76.922(b)(1)(ii)(B). 3. If the current Basic Cable Service Rates exceed the Benchmark, but the Cable Operator's per Channel rate was below the Benchmark on September 30, 1992, the Initial Basic Cable Service Rate shall be the Benchmark, adjusted for inflation. 7 CABLERAT.ANN 010994 13:20 ' IJ 1 1 Cross References Rate prescription, franchising authority to order, see 47 CFR §76.941. 2. Rollbacks and refunds. If the City Council determines that the Initial Basic Cable Service Rates, as submitted, exceed the Reasonable Rate Standard or that the Cable Operator's Cost -of- Service Showing justifies lower rates, the City Council may order the rates reduced in accordance with subsection G. or H. above, as applicable. In addition, the City Council may order the Cable Operator to pay to subscribers refunds of the excessive portion of the rates, with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993. The method for paying any refund and the interest rate shall be in accordance with FCC regulations as directed in the City Council's decision resolution. Cross References Refunds, if previously paid rates determined to be excessive, see 47 CFR §76.942. 3. Statement of reasons for decision and public notice. If rates proposed by a Cable Operator are disapproved in whole or in part, or if there were objections made by other .parties to the proposed rates, the resolution shall state the reasons for the decision and the City Council shall give public notice of its decision by publication of the Council's resolution, once, in a newspaper of general circulation within the corporate limits of the City. Cross References Written decision, public notice of any written decision required, see 47 CFR §76.936. J. Appeal. The City Council's decision concerning rates for the Basic Cable Service Tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations. Cross References Commission review of franchising authority decisions on rates for the basic service tier and associated equipment, any participant at the franchising authority level in a rate making proceeding may file an appeal, see 47 CFR §76.944. 9 CABLERAT.ANN 010994 13:20 Cross References Franchising authority review of basic cable rates and equipment costs, rates effective 30 days after submission unless tolled, see 47 CFR §76.933(a). C. Extended review period. 1. If the City Council is unable to determine whether the rate increase is within the FCC's Reasonable Rate Standard based on the material before it, or if the Cable Operator submits a Cost -of- Service Showing, the City Council shall, by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination: Cross References Franchising authority review of basic cable rates and equipment costs, rates effective 30 days after submission unless totted, see 47 CFR §76.933(a). a. Ninety (90) days, if the City Council needs more time to ensure that the requested increase is within the FCC's Reasonable Rate Standard as determined by the applicable Price Cap; and Cross References Franchising authority review of basic cable rates and equipment costs, rates tolled for 90 days after submission if not involving a cost -of- service showing, see 47 CFR §76.933(b)(1). b. One hundred -fifty (150) days, if the Cable Operator has submitted a Cost -of- Service Showing seeking to justify a rate increase above the applicable Price Cap. Cross References Franchising authority review of basic cable rates and equipment costs, rates tolled for 150 days after submission if involving a cost -of- service showing, see 47 CFR §76.933(b)(2). 2. A proposed rate increase shall be tolled during any extended review period. Cross References ' Franchising authority review of basic cable rates and equipment costs, rates effective 30 days after submission unless tolled, see 47 CFR §76.933(a). 3. If the City Council has not made a decision within the ' ninety (90) or one hundred -fifty (150) day period, the City Council shall issue a brief written order at the end of the period ' 11 CABLERAT.ANN 010994 13:20 FCC. Based on the City Council's findings, Basic Cable Service Rates shall be established as follows: Cross References Subsequent permitted per channel charge, price cap adjustments, see 47 CFR §76.922(c)(2). Price cap requirements, see CFR §76.922(d). 1. If the proposed Basic Cable Service Rate increase is within the Price Cap established by the FCC, the proposed rates shall become the new Basic Cable Service Rates. 2. If the proposed Basic Cable Service Rate increase exceeds the Price Cap established by the FCC, the City Council shall disapprove the proposed rate increase and order a Basic Cable Service Rate that is in compliance with the Price Cap. Cross References Rate prescription, franchising authority to order, see 47 CFR §76.941. H. Cost -of- Service Showings. If a Cable Operator submits a Cost -of- Service Showing in an attempt to justify a rate increase above the Price Cap, the City Council shall review the submission pursuant the FCC standards for Cost -of- Service review. The City Council may approve a rate increase above the Price Cap if the Cable Operator makes the necessary showing; however, a Cost -of- Service determination resulting in a rate below the Price Cap or below the Cable Operator's then current Basic Cable Service Rate shall prescribe the Cable Operator's new rate. Cross References Subsequent permitted per channel charge, cost -of- service showing, see 47 CFR §76.922(c)(1). Rate prescription, franchising authority to order, see 47 CFR §76.941. I. Decision. The City Council's decision concerning the requested rate increase, shall be adopted by formal resolution. If a rate increase proposed by a Cable Operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increase, the resolution shall state the reasons for the decision. Objections may be made at the public hearing by 13 CABLERAT.ANN 010994 13:20 proprietary information, if needed to make a rate determination. In these cases, a Cable Operator may request the information be kept confidential in accordance with this Section. Cross References Proprietary information, franchising authority may require if procedures analogous to those provided in §0.459 are applied, see 47 CFR §76.938. See 47 CFR §0.459. 2. In cases where initial or proposed rates comply with the Reasonable Rate Standard, the City Council may request additional information only in order to document that the Cable Operator's rates are in accord with the Reasonable Rate Standard. B. Request for Confidentiality. 1. A Cable Operator submitting information to the City Council may request in writing that the information not be made routinely available for public inspection. A copy of the request shall be attached to and cover all of the information and all copies of the information to which it applies. 2. If feasible, the information to which the request applies shall be physically separated from any information to which the request does not apply. If this is not feasible, the portion of the information to which the request applies shall be identified. 3. Each request shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based. 4. Informal requests which do not comply with the requirements of this subsection, shall not be considered. C. City Council action. Requests which comply with the requirements of subsection B. shall be acted upon by the City Council. The City Council shall grant the request if the Cable Operator presents, by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling shall be placed in a public file in lieu of the information withheld from public inspection. If the Cable Operator does not establish a case for nondisclosure and the City Council denies the request, the City Council shall take one of the following actions: 15 CABLERAT.ANN 010994 13:20 1994, whichever occurs first. The permitted per channel charge may not be adjusted for costs of retransmission consent fees or changes in those fees incurred before October 6, 1994. ' Cross References Price cap requirements, external costs, effective date of adjustments, see 47 CFR §76.922(d)(2)(iii) & (iv). C. Notification and review. The Cable Operator shall notify ' the City at least thirty (30) days in advance of a rate increase based on automatic adjustment items. The City shall review the increase to determine whether the item or items qualify as automatic adjustments. If the City makes no objection within thirty (30) days of receiving notice of the increase, the increase may go into effect. Cross References Advance written notification of rate increases to franchising authority, see 47 CFR §76.964. SECTION 1006. ENFORCEMENT A. Refunds. The City may order the Cable Operator to refund to subscribers a portion of previously paid rates under the following circumstances: 1. A portion of the previously paid rates have been determined to be in excess of the permitted tier charge or above low the actual cost of equipment; or 2. The Cable Operator has failed to comply with a valid rate order issued by the City. Cross References Refunds, if previously paid rates determined to be excessive, see 47 CFR §76.942. B. Fines. If the Cable Operator fails to comply with a rate ' decision or refund order, the Cable Operator shall be subject to a fine of $200 for each day the Cable Operator fails to comply. I I Cross References Fines, franchising authority to impose fines, 47 CFR §76.943. CABLERAT.ANN 010994 13:20 1 •' 1Wkj TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST FOR COUNCIL TELEVISION REGULATION August 12, 1993 CONSIDERATION OF CABLE Several months ago I requested that our attorney undertake to become familiar with, and provide staff direction, for any actions the City may wish to take utilizing the provisions of the Cable Television Consumer Protection and Competition Act of 1992. Pursuant to that request, Mr Cates has attended training sessions and conducted research relative to that subject. Based upon his research, Mr Cates has presented the attached memorandum wherein he recommends certain actions be taken by the Council in order to preserve its rights to regulate cable television. At his request, and after reviewing his findings, I listed an agenda item for your consideration that, if approved, would start the process of re- regulating some of the cable services. Mr Cates' memorandum is attached for your review and clearly outlines the issues relevant to the discussion of regulation. I concur with both the findings, conclusions, observations and recommendation of Mr Cates and urge the Council to carefully review the memorandum. RECOMMENDATION: The staff recommends that the Council declare its intent to provide regulation of cable television as provided by the Cable Television Consumer Protection and Competition Act of 1992, and that the Mayor be authorized to execute FCC Form 328; and that the Mayor be authorized to execute a notice to cable operator under FCC rules on customer standards. ATTACFTVLENT: 1. Memorandum from Mr Cates dated August 6, 1993 61L 1 1 1 i1 (2) For a variety of reasons, including local franchising requirements and the extraordinary expense of constructing more than one cable television system to serve a particular geographic area, most cable television subscribers have no opportunity to select between competing cable systems. Without the presence of another multichannel video programming distributor, a cable system faces no local competition. The result is undue market power for the cable operator_ as compared to that of consumers and video prog ranuners . (20) The Cable Communications Policy Act of 1984, in its amendments to the Communications Act of 1934, limited the regulatory authority of franchising authorities over cable operators. Franchising authorities are finding it difficult under the current regulatory scheme to deny renewals to cable systems that are not adequately serving cable subscribers. As a result of the foregoing, Congress adopted the Cable Act of 1992, which, in part, at Section 3 thereof provides for regulation of .rates and at Section 8 thereof provides for consumer protection and customer service provisions. I. RATE REGULATION As provided under the Cable Act of 1992, as well as FCC regulations promulgated pursuant thereto, local jurisdictions may exercise .rate regulation over cable systems which are not subject to effective competition. Expressed another way, a cable system which is subject to effective competition is exempt from rate regulation. A cable system which is subject to effective competition is one of the following, to -wit: a) An operator that serves less than thirty percent (300) of the households in the operating territory; I b) Comparable multi - channel video service provider which offers service to at least fifty percent (50 %) of households in franchise territory and fifteen percent (15 %) of households subscribe to such service; or, c) The franchising authority offers service to fifty percent (50%) of the households. Assuming{ that the municipality is anticipating rate regulation of a cable system deemed by it not to be subject to effective competition, the .local jurisdiction, as provided under the Cable Act of 1992, and FCC regulations promulgated pursuant thereto, is limited to regulating basic tier rates and associated equipment. The 1992 Cable Act divides cable services into three (3) 2 operator is not subject to effective competition based upon the franchising authorities filing of certification with the FCC. Further, the FCC will not notify the franchising authority that it's certification has become effective. Accordingly, absent a challenge to local certification, thirty (30) days from the date on the return receipt, the locality can assume it's certification as being approved unless otherwise advised. II CONSUMER PROTECTION AND CUSTOMER SERVICE Under the provisions of Section 8 of the Cable Act of 1992, a franchising authority may establish and enforce customer service requirements of the cable operator and construction schedules and other construction related requirements, including construction related performance requirements of *the cable operator. Section 8 of the Cable Act of 1992 directs that the Commission shall, within 180 days of enactment of the Cable Television Consumer Protection and Competition Act of 1992 establish standards by which cable operators may fulfill their customer service requirements. Such standards must include, at a minimum, requirements governing cable system officer_ hours and telephone availability, installations, outages and service calls and communications between the cable operator and subscriber (including standards governing bills and ref_unds). The FCC, to date has promulgated customer service standards pertaining to the following, to -wit: (1) Service unbundling, (2) billing itemization, (3) negative billing prohibited, (4) tier buy through prohibition, (5) uniform rate structure, (6) hours of operation and telephone availability, (7) speed of service requirements, (8) appointment windows, (9) notice of service and rate changes, annual notice, (10) billing and refunds. Further, the FCC has stated that a local franchising authority may enforce the provisions of .items six through ten by q_iv_inq notice to the cable provider not less than ninety (90) days prior to the intended date of enforcement. It is important to note, at this juncture, that Section 8 of the Cable Act of 1992 specifically states that "nothing in this section shall be construed to preclude a franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards established by the Commission. Further, nothing in the Act should be construed to prevent the establishment or enforcement of any municipal law or regulation... concerning customer service that imposes customer service requirements that exceed the standards set by the Commission or that addresses matters not addressed by the standards set by the Commission under this Section ". Accordingly, the local franchising authority, ninety (90) days subsequent to written notification of intent to regulate, may enforce the FCC customer ser,'ice standards as well as may impose customer service standards in addition thereto which are not specifically preempted by federal law. 4 and needs on the part of it's customers. It is opined that such, although presenting an opportunity for skirmishes, nevertheless, has the ultimate potential of establishing understanding and ' acceptance which fosters provider - subscriber satisfaction. It is submitted that due to the monopolistic nature of cable television, a legitimate expectation of regulation is possessed on ' the part of the public. I would submit that evidence of the existence of such expectation already exists by virtue of the input the municipality has received during the cable franchise renewal process. I submit that the citizenry of Owasso, Oklahoma; has in the past, expressed surprise over the absence of regulatory authority arising by virtue of the Cable Communications Policy Act of 1.984, due to the citizenry's perceived regulatory power pursuant to the franchising authority possessed under the Constitution of the State of Oklahoma. ' T am of t-he opinion that if the City of Owasso, Oklahoma, defers regulation to the FCC, the impact locally will be .inattentiveness to local concerns. This position is predicated foremost by the fact that the FCC lobbied against passage of the CahLe Act of 1.992. Additionally, the FCC, by virtue of requested comments during proposed rule making has evidenced an attitude of ' encouragement of local regulation. It has been opined that although the Clinton administration may encourage a more consumer oriented approach the FCC, in recent years, probably due to the Reagan -Rush era of deregulation of private enterprise, has been ' known more for attempting to deregulate than regulate industry. Finally, in a general sense, recognition of the fact that the FCC is not only geographically, but most likely attitudnally, far ' removed from the concerns of the citizens of the City of Owasso, Oklahoma, it is submitted that deferment to the FCC, will in all I[keli. hood result in a continuation of "business as usual ". Based upon the foregoing I submit that a recommendation to the City Council of the City of Owasso, Oklahoma, to avail itself of the regulatory powers arising by virtue of the Cable Television Consumer Protection and Competition Act of 1992 should be made. In conjunction therewith, authorization should be sought from the Council to enable the Mayor to execute FCC Form 328 - Certification of Frarichising Authority to Regulate Basic Cable Service Rates and initial Finding of Lack of F.f.fective Competition. Finally, should be sought from the City Council authorizing the Mayor to execute the [notice to Cable Operator under FCC rules on customer service standards. For your convenience, I have propar.ed such documents and enclose them herewith. ' If the City Council of the City of Owasso, Oklahoma, , let erm o ities t avail itself of the regulatory abilities provided by the Cable Act. of 1992, in addition to the foregoing, I recommend Uiat- we -immediately embark upon the establishment, for Council approval, of regulations with respect to rate regulation C 207 SOUTH CEDAR PHONE 272 -2251 City of Owasso August 18, 1993 Mr. Rick Comfort General Manager TCI Cablevision P.U. Box 470800 Tulsa, Oklahoma 74147 -0800 (via certified mail) Dear Mr. Comfort: OWASSO, OKLAHOMA 74055 On April 7, 1993, the Federal Communications Commission released a Deport and Order adopting a new rule (47 C.F.R. Section 76.309) implementing Section 8 of the Cable Television Consumer Protection and Competition Act of 1992; that section governs the establishment, implementation and enforcement of customer service standards for cable operat..ors nat=ionwide. A copy of the new rule is enclosed. Paragraph (c.:) of the new rule establishes federal customer service standards ("federal standards "). Paragraph (a) of the new r.ul.e provides that a franchising authority may enforce the federal standards, but in order to do so, the franchising authority must provide affected cable operators 90 days' written notice of it's intent to enforce the standards. This letter constitutes the City of Owasso's not: ice of its intent to enforce the federal standards. The City intends to begin enforcing the federal standards on November 11, 1993. Paragraph (b) of the new rule reserves to franchising authorities, among other things, rights to establish and /or enforce state and local customer service requirements that exceed or are not covered Ly the federal standards. The City of Owasso, Oklahoma, reserves and intends to exercise all rights reserved to franchis.inq authorities. Sincerely, �� Boh Randolph Mayor of the City of Owasso n h c: oc-,225 . nt c, i-I I Is 29768 Federal Register / Vol. 58, No. 97 / Friday, May 21, 1993 / Rules and Regulations AOrw,rA to O&IA r rdrrrt C sOt6I7o[I w,J.Mro,.. D. C. r0554 FCC 328 t P;.- 00100,00 CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION Name of Franchising Authority city Wu ss Oklahoma Mailing Address 207 South Cedar City Owasso I sR YI r4 )5 Telephone No. (include area code). 272-2251 Person to contact with respect to this form: Ronald D. Cates (918) 582 -744 2. a. Name (s) and address(es) of cable system(s) and associated FCC community unit identifiers within Your jurisdiction. fAttach additional sheets if necessary.) Cable System's Name a T(" T 0 }, l -174 O, Mailing Address P.O. Box 470800 city Tulsa Cable Svstem's FCC Cnmm,mity Unit Identifier- Cable System's Name Mailing Address City State ZIP Code Cable System's FCC Community Unit Identifier: 3 4 WA your franchising authority adopt (within 120 days of certification) and yes ONO administer regulations with respect to basic cable service that are consislent with the regulations adopted by the FCC pursuant to 47 U.S.C. Section S43(b)1 Wins respect to the franchising authority's regulations referred to in Question 3, A. Does yotw franchising authority have Flyet NO the legal authority to adopt them b. Does yow franchising authority have ®yes 1:1 NO the pers«srsd to admist iner them( S. Do Use procedural taws and regulations appficable to rate regulation proceedings ®yes �No .by your franchising authority provide a O 0 reasonable opportunity for consideration of the views of interested partied 2. b. Name (s) of system(s) and associated community unit identifiers you claim are subject to regulation and with respell to which you are filing this certification. (Attach additional sheets if necessary.) Name of System - Comirnumty Unit I TCI Cablevision f�`r"t`tief Name of System Community Unit Identifier 2. c. Have you served a copy of this form on afh parties yes ❑NO listed in 2.b.f 6. The Commission presumes thaf the cable I X 1 yes �No systems) listed in 2.b. is (are) not subject -_� to effective competition. Based on the definition below, do you have reason to believe that this presumption is correctl (Effective con+pelition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) served by at least two unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent of the households in the frarschlse area; and (u) the numbef of households wbscribing to programming services offered by multichznnef video programming distributors other than -the largest multichannel video programming distributoc exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offers video programming to at least 50 percent of the households in that franchise area.) Signatu Title Mayor Date Return the original and one copy of this certification form (as indicated in Instructions), along with any attachments, lo: Federal Communications Commission I' Attn: Cable Franchising Authority Certification Room 1 -16 1919 M Street, N.W. Washington, D. C. 20554 s (I R Doc. 93 -12079 Filed 5- 20-93; 8:45 aml INUiN0 Cooe 9A/2 -01om scc sir I..— 1191