The URL can be used to link to this page

Home My WebLink About1994.01.18_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: January 18, 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, January 14, 1994. Marci Boutwell, Council Clerk AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of January 4, 1994 Regular Meeting. Attachment #4 5. Request Approval of Claims. Attachment #5 Owasso City Council January 18, 1994 Page 2 6. Reading of Mayor's Proclamation Proclaiming January 23-29, 1994 as Foreign Exchange Student Week in the City of Owasso. Mayor Randolph Attachment #6 1U~ Consideration and Appropriate Action Relating to a Request for the Bulk Purchase of Office Paper. Mr McElrath Attachment #7 Staff will recommend Council approval of the expenditure of $1200 to Robert Thornton T` for the purchase of eighty cases of copy paper. ~~.~ Consideration and Appropriate Action Relating to a Contract for Improvements and Additions to the Owasso Sports Park (Phase II Lighting). Mr Munn Mr Compton Attachment #8 The staff will recommend Council approval of a contract to Lamar Industries, Shawnee, ~, Oklahoma, in the amount of $63-996 for the purpose of completing lighting work for two softball fields as provided fo b~~°c~documents. " II n n ii Owasso City Council January 18, 1994 Page 3 ~ r~' Consideration and Appropriate Action Relating to Ordinance #476, an Ordinance Annexing an Approximate 160-acre Tract of Land Located Generally Northeast of the El Rio Vista Addition, 1/4 Mile North of 96th Street North and Further Described as the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 17, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma. Mr Rooney Attachment #9 The staff will recommend Council approval of Ordinance #476 and the requested annexation. ~ 3 J,0~ Consideration and Appropriate Action Relating to Ordinance #477, an Ordinance Amending Part 17 of the Code of Ordinances by Enacting a New Chapter 4, Related to the Regulation of Basic Cable Television Rates Within the City of Owasso. Mr Cates Attachment #10 The staff will recommend Council approval of Ordinance #477. n ~ -~ kl'. Consideration and Appropriate Action Relating to a Request for the Attachment of an t Emergency Clause to Ordinance #477 Providing for its Effectiveness Immediately upon its Passage, Approval and Publication. ' Mr Cates Attachment #11 t The staff will recommend Council Approval of the Attachment of an Emergency Clause to Ordinance #477. Owasso City Council January 18, 1994 Page 4 th~ Report from City Manager ,~ ~6. Consideration and Appropriate Action Relating to a Request for an Executive Session for the purpose of Conducting a Quarterly Review of the City Manager's Job Performance, Such Executive Session Provided for Under Title 25, Section 307, Subsection B(1). Mr Ray The staff will recommend Council approval of an executive session for the purpose of discussing personnel matters related to the office of the City Manager. ^ ~0 ,~ Adjournment NOTICE OF PUBLIC MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: January 18, 1994 TIME: 7:00 p. m. PLACE: Owasso Council Chambers, Community Center Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 p. m. on Monday, January 17, 1994. Marci Boutwell, Coun 1 Clerk ADDENDUM TO AGENDA Items numbered 1 through 6 on the agenda filed on January 14, 1994, shall remain the same. Items numbered 7 through 17 are now numbered 10 through 20; and the following is submitted for addendum thereof. 7. Consideration and Appropriate Action Relating to Overtime and Compensatory Time Issues Within the Owasso Police Department. Councilor Burris 8. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purpose of Discussing Negotiations Concerning Employees, as Provided for in 25 O.S., 307, B(2). Mr Ray Staff will recommend Council approval of an executive session for the purpose of discussing the 1993-94 FOP contract. .. .~- Owasso City Council Addendum to Agenda January 18, 1994 Page 2 9. Consideration and Appropriate Action Relating to the 1993-94 FOP Contract. Mr Ray The City Manager has been requested by a member of the Council to list this item for action. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 4, 1994 The Owasso City Council met in regular session on Tuesday, January 4, 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 Thursday, December 30, 1993. 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 Councilor Bums. ITEM 3: ROLL CALL PRESENT Bob Randolph, Mayor Mary Lou Barnhouse, Councilor Rex Bowen, Councilor Charles Burns, Councilor ABSENT John Phillips, Vice Mayor STAFF Steve Compton, Asst City Manager Ronald D Cates, City Attorney Marcia Boutwell, Council Clerk Rodney J Ray, City Manager A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES OF DECEMBER 21. 1993 REGULAR MEETING. Rex Bowen moved, seconded by Charles Burns, to approve the minutes, by reference made a part hereto. AYE: Bowen, Bums, Barnhouse, Randolph NAY: None Motion carried 4-0. Owasso City Council ITEM 5: REQUEST APPROVAL OF THE CLAIMS January 4, 1994 Rex Bowen moved, seconded by Mary Lou Barnhouse, that the following claims be approved: (1) General Fund $17,320.57; (2) Workers' Compensation Self-Insurance Plan $793.92; (3) Ambulance Service Fund $688.37; (4) E-911 $1736.94; (5) Capital Improvements $60,442.20; (6) City Garage $4211.03; (7) Interfund Transfers $22,929.16; (8) General Fund Payroll $103, 887.00; (9) City Garage Payroll $1,608.09. AYE: Bowen, Barnhouse, Burris, Randolph NAY: None Motion carried 4-0. ITEM 6: READING OF MAYOR'S PROCLAMATION PROCLAIMING PUBLIC SERVICE COMPANY OF OKLAHOMA AS THE SPOTLIGHT BUSINESS OF THE QUARTER. Mayor Randolph invited Tim Ablett of Public Service Company to join him at the front of the room for the reading and presentation of the proclamation. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #475, AN ORDINANCE REDUCING THE REQUIRED TRANSFER INTO THE CEMETERY CARE FUND FROM 25 % OF ALL REVENUES COLLECTED FOR LOT SALES AND INTERMENTS TO 12.5 OF SUCH REVENUES. The Council approved a policy change on December 7, 1993 and directed staff to prepare an ordinance relating to the transfer of a percentage of revenue from the general fund to the cemetery care fund. Ordinance #475 takes that action. Mayor Randolph moved, seconded by Rex Bowen, to approve Ordinance #475, reducing the required transfer into the cemetery care fund from 25 % of all revenues collected for lot sales and interments to 12.5 % of such revenues. AYE: Randolph, Bowen, Barnhouse, Burns NAY: None Motion carried 4-0. 2 Owasso City Council January 4, 1994 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #94-01 A RESOLUTION CALLING ANON-PARTISAN PRIMARY AND GENERAL ELECTION PURSUANT TO PROVISIONS OF THE OWASSO CITY CHARTER FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FOR WARD 1, WARD 2, AND WARD 5. Pursuant to provisions of the Owasso City Charter, Resolution #94-01, calls for a primary election to be held on March 1, 1994 and, if necessary, a general election to be held April 5, 1994. Councilors would be elected for Wards 1 & 2 for full three-year terms and Ward 5 for the remainder of a term (one year). Mayor Randolph moved, seconded by Mary Lou Barnhouse, to approve Resolution #94-01. AYE: Randolph, Barnhouse, Burris, Bowen NAY: None Motion carried 4-0. ITEM 9: CONSI DERATION AN D APPROPRIATE A CTION RELATING TO A REQUE ST FOR AN A MENDMENT TO A C ONTRACT BETWEEN THE CITY OF OWASSO AND THE INDIAN NATIONS COUNCIL OF GOVER NMENTS PRO VIDING FOR ADM INISTRATIVE SERVICES RELAT ING TO CDBG # 5252 (MAX BUCHANA NI. The term of the original contract with INCOG for administrative services for this project was December 1, 1992 through December 31, 1993. The contract amendment would extend the term to March 31, 1994. There will not be an increase in the amount of the original contract. Mayor Randolph moved, seconded by Charles Bums, to approve the amendment extending the term of the contract and authorize the Mayor to execute the necessary document. AYE: Randolph, Burris, Bowen, Barnhouse NAY: None Motion carried 4-0. ITEM 10: REPORT FROM CITY MANAGER Mr Compton reported that work has begun on the grading and drainage project at the Sports Park and that bids will be opened for lighting prior to the next Council meeting. 3 Owasso City Council ITEM 11: REPORT FROM CITY ATTORNEY No report. ITEM 12: UNFINISHED BUSINESS None. ITEM 13: NEW BUSINESS None. ITEM 14: ADJOURNMENT Charles Bums moved, seconded by Rex Bowen to adjourn. AYE: Burris, Bowen, Barnhouse, Randolph NAY: None Motion carried 4-0 and the meeting was adjourned at 7:12 p.m. January 4, 1994 Bob Randolph, Mayor Marcia Boutwell, Council Clerk 4 CITY OF OwA=yr- tEP}ERAi. F[1Nti i ! 14 ~~4 i 1 .37 . Rh ASP r1 .A 1 ti}S }!t?Pr)RT APAt~vR PArk ; PG # VENDOR r?ESCRIPTInP{ AMt1UNT MANAGERIAL ---------- -------------------- 941.-197 Ml:}):- ACLU t'S, INS' 941399 RADTG SHACK ?41453 CUSTOtdGRAI='T 941.454 REAS-lRS PRICE RT'PF 941455 KIM1;At•I. ACE HARDWARE G414u~ TREASCiRER PETTY -'ASH nEPARTMENT TOTAL =___- FrxANC ----------- ------------------- 9414;4 SITBt1[?t3Atd GI'FICI•: S[1PPI.Y DEPARTh1ENT Tt1TAL =___? COMMIiNITY DEVELG}'MENT ----------- ------------------- 940005 TLtt.SA COt3t{TY PdI~i G41466 TREAfiURER PETTY CASH DEPARTP?Et{T TOTAL ____'> . MItNTt'IPAL COURT ------------------------------ 940028 MIi'HAt'.L D. HIt.~AE~E(:K 941338 US POSTMASTER DEPARTMEPiT TnTAr, ____ ENiTINEERIN-~ ------------------------------ 8414'10 WAL.-HA}.'.,. DEPARTMEt{T T~~TAL =___ GENERAL GGVERP{MENT ------------------------------ SUhF;CRIPTTON 35. AO Sti-'FLIE^ b0,73 AwAR1-S 1.319,2(- ~ttNPLIES ~ 143,15 Si1PFLIE~'~ 3:~:'.?4 R1: rMB PETTY CASH 47.1[1 1,942.4? ^?-'FICF: St:ppi.tES -------1-is-34 139.34 U? AL-UP SFitVICE 40. t-(- RF,Th[H PETTY CASH <'0.53 b0.53 t~'ETATNER 700 . i10 Pi~STAGF. '8.00 ?~8.~-0 WGkK $tIQT~~ 4t-,9n 40,9, 3 f'I'~'Y DF OWAS~~tI GBNFRAT. FCTND 1/14/94 11:37:36 A/P C:LAIM~. REYC}R'r APAF'VR PAGE: PO # ---------- VENDOR ------------------------- DESCRIPTION -------------------- AMDitNT ----- ------------- 940089 DEPARTMENT t1F ~'ORRECT'[DHS DnC EMPLOYEES 92.4D 940090 MEMBER SERVICE Li1'E PRE TAX ADM FEES 15c-.Ot~ 940091 MEMBER SERVICE L'[FE 'PRE TAX SET UP FEE 300.00 940116 RONALD D CATF'S RETA?NRR .69.',75 940757 ST FRANr_IS HDSPI'TAr.-F.AP QRTLY FEES 252,48 941104 MULTI CARE HRAF.TH GENTF?R PHYSICALS 7~n,Op 941395 TAYL~E PAPER CO ~tJPPLIES X58.15 941406 WAF.-MART SUPPLIES b9.7~. 941421 TUT.SA COUNTY ELErTIOPF ROA PRIMARY ELECTIO1i 809.08 941465 TRfiASURFR PETTY CASH DC-C: MEALS 139.99 94146b TREASURER PETTY SASH RRCMB PETTY CASH j.2.00 941484 MESG TRAINING 75n.00 DEPARTMENT TOTAL =___) 6,191.61 MAINTENANCE, ------------------------------ 9411:'3 CLASSIC ELECTRIC REPAIR 190.00 941319 DAYC~A INC SUPPLIES 9'7.44 941395 TAYLOE PAPEF CO St1FPLIES 104.53 941409 BF.WLEY SUPPLIES `~UPPLT,ES 50.02 9414b6 TREASURER PETTY CASH RRIMF{ PETT CASH 2.C~y 941473 EMPIF.E PL[1MBING SUPPLY IN SUPPLIES 24.84 941493 KIMBALL ACE HARDWARE: SUPPLIES 3,'.ih DEPARTMENT TOTAL =___? 501.08 POLICE SERVICES ------------------------------ 940029 MCCAW COMM[-NICATIONS PAGER RENTAL 104.'.'0 940033 DEFT OF PUBLIC SAFETY TELETYPE LEASE 350.00 941210 BOLAY MOBILECOM ING RADIO RE~:PATP. 251.55 94 141 TULSA COUNTY SHERIFF ASSN TRAINING 25.00 94131b IACP MEMBRR5HIP it1t~,0(~ 941362 J.P. HOGAN INSURANCE ROTARY $DND 30.ClQ 941374 GALL`S INC. RADI(1 & EMERGENCY 584.80 941395 TAYLOE PAPER CO SUPPLIES 48.80 941424 COMM(iNICATIONS SPECIA?•IST REPAIR RAD10 REE'EA'~ER 69.78 941428 JANE VANSICKLE REIMB T[TITION 1`F8.7b 94146b TREASURER PETTY CASH REIME3 FE1`TY CASH 48.38 941471 RDY T DAY DARE TRAINING 27,83 941474 OWASSO LITMBER CO SUPPLIES 48.99 DEPARTMENT TOTAL =___> 1,878,59 4 CENTRAL DISPATCH ------------------------------ CITY OF OWAS~,O GENERAL FUND 1/14/94 11:37:36 A/P CLAIMS REPOR'~~ APAPVR PAGE: PO # VENDOR DESCRIPTION AM~~UNT ---------- ---------------- --------- -------------------- ----- ------------- 941452 CENTRAL VO-TECH TUITION 20.00 9414bb TREASUP.ER PETTY CASH REIMB PETTY CASH 44.97 DEPARTMENT TOTAL =___} 64.97 ANIMAL CONTROL i~ 9414'12 OKLA P,HIMAL CONTROI. ASSN DUES 9414$6 WAL-MART SUPPLIES ----~ 20.00 106.$4 T.2b.~34 DEPARTMENT TOTAL ----. CIVIL DEFENSE ----------- ------------------- 94145b TULSA AREA EMERGENCY MGMT DUE'S DEPARTMENT TOTAL =___) STREETS ----------- ------------------- 941194 AFAC-OKLAHOMA, INC. ASPHALT G 941504 RAINBOW CONCRETE GO SUPPLIES 94150b PUBLIC SERVICE CO ANNUAL BILL?HG DEPARTMENT TOTAL =___? RECP.EATION ----------- CENTER ------------------- 941276 HUGHES LUMBER CO SUPPLIES 9413$9 MOULDER OLDHAM GO SUPPLIES 941395 TAYLOE PAPER CO SUPPLIES 941495 KIMBALL ACE HARDWARE SUPPLIES 94149b 5UBt1R13AN OFFICE SDPPLI' StTPPI.IES 941497 MURRAY WOMBLE CO OF TULSA SUPPLIEa DEPARTMENT TOTAL =___> SWIMMING POOL ------------------------------ 941466 'TREASURER PET'i~Y CASH REIMB PETTY CASH 30t-.00 300.00 $06.72 86.Q0 39,659,4$ 40,552.20 46 . 'i ti 195.34 17,54 35.39 31.20 109.00 435.17 11 .I;S 5 CITY OF OWASSO GENERAL FUND 1/14/94 11:3?:3b A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOt1NT ---------- ------------------------- ------------------------- ------------- DEPARTMENT TOTAL ====i 11.85 COMMUNITY CENTER ------------------------------ 940122 UNITED ART?STS CABLE GAF:LE USE « .57 94140? DALE & LEE SEP..VICE REPAIR HEATING 40.06 941408 FAMILY SECURITY LOGK &~ KE HEY DUPLICATION 2+.50 9414bh TREASURER PETTY CASH REIMB PETTY CASH 36.52 941467 LAURIE SHEE9'S TUITION 494.40 DEPARTMENT TOTAL =___) 619.99 PARK MAINTENANCE ------------------------------ 9414b6 TREASURER FETTY CASH REIMS PETTY CASH $6.x,4 941.488 EQUIPMF,NT ONE RENTAL & SA ECaPT RE2iTAL 54.45 941489 CINTAS CORP. i]NIFClRMS 25.19 941490 KIMBALL ACE HARDWARE SUPPLIES 207.$7 DEPARTME?iT TOTAL =___? hOb.35 EGONOMIG DEVELi~FMENT ------------------------------ 940040 CELLULAR ONE-TtTL•SA i]SAGE ;~1. Qf~ 941360 A & A MATERIALS LAYING ASPHALT 12,342.?2 941422 SACK & ASSOCIATES. I21C. ENGINEERING SERVICES 550.f~0 941466 TREASURER PETTY GASH P,EIMB PETTY CASH 12.50 DEPARTMENT TOTAL =___> 12,986.22 6 FLiND TOTAL =___? b?,1b6.12 CI`PY t1F nWAsSO WnRK~=NG~ CQMP SEt.F-IHS Pi.AH 1/i4fi4 11;3`i::~b A/P ~t,ArMS RFPGRT APAPVR PAGE: ` pn # VENDDi? DE~+CR?PTI(iH r AM(lUN ---------- ------------------------- GEHEkAL C;('iVERttM~=HT -------------------- ----- ------------- ----------- ------------------- yanl?0 DARRELL RVANS 'r.T.i~. b'b.'~? 441341 UTT('A PARK rLINTG CLAIM/WAT5~H 45.On ~EPARTMEi~T T~TA1, ____} -------x''1.7? 1 FUND TOTAL =___> b''i .?~ CITY OF OWASfiD AMRtiLANCE SERVZr.E FLrNb 1!14,4 11.37,36 A/P f:I.ATMS REFDRT A1~APVR PAGE: PO # VENDGR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- AMRtrr,AN~E ------------------------------ 9414 r,6 TRE.AStrRER L~ETTY CASH DEPARTMENT T~1TAL =___> RETMR PETTY CASH 4,1'i 4,1? FUND TOTAL. ____> 4.17 2 ii CITY OF OWASSO GOMMU?dI~rY CENTER 1114!94 11:3?:3b A/P CLAIMS REPOR'T` APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUHT ---------- ------------------------- ------------------------- ------------- COMMUNITY GENTER 941339 LOCKS WHOLESALE ELEC DEPARTMENT TOTAL =___) EXIT LIGH'~'S b?9.15 679.15 FUND TOTAL =___> h?9.15 7 i~ CITY OF OWASSO PARK DEVELOPMENT 1/14/94 11:37:36 A/P GLA?MS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- PARKS ------------------------------ 940293 ANCHOR STORE CO SUPPLIES 1?2.5~ 94029b HUGHES LUMBER CO SUPPLIES 209.35 DEPARTMENT TOTAL =___] 331.92 FUND TOTAL ====s 3?1.92 GRAND TOTAL =___> "5,159.10 10 CITY OF dWASSO CIT1' ~3ARAGE 1!14/94 11:37:35 A/P CLAIMS REPOR'T' APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- CITY GARAGE ------------------------------ 941115 STAR LUBE 941283 STANDARD AUTO SUPPLY 941373 NAPA AUTO PARTS 941420 SNAP-OH TOOLS 941439 WELSCO IHC 941440 MILEAGE MASTERS 941441 MILEAGE MASTERS 941444 MILEAGE MASTERS 941445 OWASSO GLASS 941450 MILEAGE l4A5TERS 5'41455 TREASUP.ER PETTY CASH 94i50` ZEE MEDICAL SERVICE DEPARTMENT TOTAL =___> FUND TOTAL =___} MAIH7 PARTS PARTS TOOLS SUPPLIES TIRES 7~ E RES T I1?E DOOR GLASS RECAP TIRE R1-'IMB PETTY CASH SUPPLIES 111.12 20.25 1,745.41 32.05 135.54 445.74 499. -'2 475.94 94.6`• 180.00 3.35 40.05 3,784.53 3,784.53 4 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 01/08/94 DEPARTMENT AMOUNT ~ Finance 4,486.92 £1i~~1'12]`i~t~:::DC'V~~C3 . #1~~~1tS:>>:'> `: : ~'~ ~~~`+~'.:` Municipal Court 1 151.04 . :. ~n~t~~~rt~g ....... .. .. .. X87€3 ~ . . ............ Building Maintenance 460 79 ;;. ........................................................................... .;;.. .. .................................................................................... . Central Dispatch 5,16] .49 Fire 27,277.66 ..... Recreation Center 2,181.68 ~~rrl~nur~at3~:,en~~~r ~G~zler _ _ ......... < ,; ::: 2,a~~3 4 Park Maintenance 2,468.14 APPROVED Mayor 01/18/94 Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 01/08/94 DEPARTMENT AMOUNT Garage $2,860.98 APPROVED: 01/18/94 Mayor Council Member Council Member i~ i~ i~ i~ PROCLAMATION CITY OF OWASSO, OKLAHOMA i~ WHEREAS, The City of Owasso is proud to welcome visitors from near and far to the community; and, WHEREAS, The City of Owasso supports the efforts of the local civic organizations and the school system as they work together to provide unique opportunities through educational and cultural experiences for students; and, WHEREAS, Those efforts include foreign exchange opportunities that allow students from around the world to experience life in the homes of Owasso residents, providing these students with personal knowledge of the wazmth and friendliness of the community of Owasso; and, WHEREAS, Allesandra Wilhelm and Sylvia Abrantes from Brazil, Yoshiko Ito and Yuki Kawaguchi from Japan, and Elena Kobzaz from Russia have become welcome members of the Owasso community; and, WHEREAS, Programs sponsored by the Rotary Club of Owasso, the American Field Service, the Education Foundation for Foreign Studies and the Freedom Support Act have brought these students to Owasso to share their country's cultures and customs within the community and have helped build a bridge of understanding from Oklahoma to their countries; and, WHEREAS, Foreign exchange programs have a positive impact on the community of Owasso and the entire world as they promote peace through personal friendships and shazed experiences, NOW, THEREFORE, I, Bob Randolph, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim January 23 - 29, 1994 Foreign Exchange Program Week in the City of Owasso IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 18th day of January, 1994. ob Randol h Mayor ii ii ii ii u MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JIM McELRATH, COMMUNITY CENTER DIRECTOR RE: PROPOSED BULK PURCHASE OF COPY PAPER DATE: January 12, 1994 BACKGROUND: It has recently come to my attention that the City has an opportunity to purchase a large quantity of high-quality 8 1/2 x 11 inch copy paper at a substantial savings. At the present time we are paying $24.40 a case for amedium-high grade of paper that we purchase from Tayloe Paper Company. Mr. Robert Thornton, of Robert Thornton Enterprises, has a supply of high-quality laser-grade paper available at $15.00 per case. We cannot begin to match this price for such a high-quality paper through our present or any other vendor. We have tried out a case of the paper that is available from Mr. Thornton and found it to give excellent results on our copier both in single and duplex modes. Mr. Thornton has also indicated that he will stand fully behind the quality of the paper if there should happen to be any defects or storage-caused problems with any of it. There is little likelihood, particularly of the latter, as the paper has been stored at an area print shop since being unloaded off the original shipment from the factory. Two skids of forty (40) cases each are available from Mr. Thornton. At the rate that the combined various city departments use paper, this should last us about nine to ten months. RECOMMENDATION: The staff recommends council approval of a requisition in the amount of $1200.00 to Mr. Robert Thornton for the purchase of eighty (80) cases of "Acclaim" copy paper. ~ ~o~~ TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROHN MUNN ENGINEERING TECHNICIAN SUBJECT: OWASSO SPORTS-PARK i~ i~ ii ii DATE: January 12,1994 BACKGROUND: At the April 20,1993 meeting, the Owasso City Council unanimously recommended approval of adopting the FY 1993-94 Capital Improvement Plan. In this plan $120,000 was requested for additional improvements of the Owasso Sports-Park(Phase II). The funding for this project is derived from the third penny sales tax and is appropriated annually to priority projects. On May 18,1993 meeting, the Owasso City Council approved the request by staff to begin the process of soliciting bids for installing asphalt on the entrance road to the Owasso Sports-Park. The bid opening was held on June 10,1993 with six bids presented. The staff reviewed all documentation from the lowest and best bidder and prepared a final report to the City Council for approval. During the July 20,1993 meeting, the Owasso City Council approved the staff's recommendation of awarding a contract to APAC, Inc. in the amount of $33,137.50. However, the City was able to reduce the scope of services creating a final payment of $32,962.54. This would leave a balance of $87,032.46 for constructing a softball four-plex and providing lights for two of the softball fields. The staff began making plans for construction of the softball four-plex in early October. Since we were not preparing detailed engineering designs and calculations, two experienced local excavating contractors were called upon to provide insight and evaluate rough construction cost on grading and drainage of the four fields. With this information Contract Documents and Specifications for the Owasso Sports-Park Phase II Grading and Drainage was prepared by late October for soliciting of bids in the early part of November. On November 30,1993, a bid opening was held in which five bids were submitted. The staff reviewed all bids submitted and prepared the proper documentation for Council approval. The City Council approved the staff's recommendation to award the Grading and Drainage contract to Continental Concrete Co. in the amount of $31,500.00. That contract began on or around January 4,1994 and is currently about 35 % complete. The $31,500 awarded to Continental Concrete Company is for construction of the softball four-plex which consists of the following services: 1). Preparing all required drainage ditches. 2). Removing the top six inches of topsoil and stock piling it to an area west of the ~ proposed four-plex. 3). Construction of the four-plex by either cut and/or filling. 4). Any additional work required to provide a finish product. Topsoil replacement on the playing fields and runways between fields will be accomplished by the City crews. Immediately following the award of the Grading and Drainage contract the staff began working on another phase of construction of the softball four-plex, this time in the area of lighting. Contract Documents and Specifications were prepared for the Owasso Sports-Park Phase II Lighting for soliciting in mid December of last year. The contract for lighting was developed on the basis of lighting only two of the four fields. Currently, the softball group has only two lighted fields at Rayola Park. This project has long been intended to replace those Rayola fields so they would only be used for day games. On January 12,1994, a bid opening was held in which two bids were submitted (See attachment). All bids were reviewed by staff and were found to be a true and good representation of the work required. The low and best bid was submitted by Lamar Industries, Shawnee, Oklahoma, in the amount of $67,500. In order to receive a very competitive bid, various elements of the project were "broken out" of the base bid and shown as alternates. The following is a summary of the bid requested: ITEM#001. Base Bid for fields 6 and 7 only, consisted of installing a new electrical and lighting system, including: All trenching and backfilling Pier holes Concrete backfill for pole bases Underground conduits Copper wiring Panel boards and/or load centers Breakers and/or switches Lighting contactors Keyed switches Panel rack Controls 3-60' (A 1, A2, A4) & 3-70' (B 1, B2, B4) steel light poles Fixtures Lamps Junction boxes And miscellaneous parts for a complete electrical system per plans and specifications i~ NOTE: The A2,A4,B2 and B4 structures and bases will be sized for future lighting of adjoining fields with blank crossarms and hubs for the future lighting. ITEM#002. Alternate 1 was included only for the purpose of determining the cost of an extra field (field 12 only) and it consists of a complete electrical and lighting system, plus trenching,backfilling,pier holes,concrete backfill for pole bases,underground conduits,copper wiring,breakers,lighting contactors,keyed switch,controls,l-60'(A3) and 1-70'(B3) steel light poles, fixtures,lamps,junction boxes,and miscellaneous parts for a complete system as per plans and specifications. This alternate is not an essential part of the project. ITEM#003. Alternate 2 is for field 12 only and consists of installing the electrical conduit from panel P1 to in-ground junction boxes for future poles A3 and B3, including all trenching,backfilling,underground conduits,junction boxes,terminated wiring,and miscellaneous parts for a complete system as per plans and specifications. ITEM#004. Alternate 3 is for installation of one 175 watt mercury vapor "dusk to dawn" security light,circuit breaker,conduit,wires,etc., for Transformer#2 area and is needed to reduce our liability exposure in case someone were injured inside the transformer area. ITEM#005. Alternate 4 is for a complete installation of one circuit breaker and 110 volt "GFCI" outlet on load control center P1/PC1. ITEM#006. Alternate 5 is for a complete electrical system,including all trenching,backfilling,underground conduits,boxes,copper wiring,breakers,etc. for 4-press box locations and 4 scoreboard locations as per plans and specifications. ITEM#007. Alternate 6A is for a complete electrical system,including all trenching,backfilling,underground and above ground conduits,etc. from service pole to Transformer#2 and is a vital element of this project. This item actually gets the electrical power to the transformer so the lights will work. ITEM#008. Alternate 6B is for construction of a complete enhanced spill/glare system for fields 6 & 7. ~ The staff feels that the minimum amount to provide a complete and functional system for two fields consists of adding items #001,#003, and #007 ($63,900 + $2,050 + $1,550 respectively for a total of $67,500). FUNDING: The current budget is as follows: 1993-94 CIP allocation Expended to date Encumbered G.&D. contract Prop. Phase II Lighting LEAVING A BALANCE OF $120, 000.00 -32,962.54 -31, 500.00 -67,500.00 $-11,962.54 It should be noted that, if the Council awards Lamar Industries a contract based upon the staffs recommendations, there are not enough funds allocated in the 1993-94 CIP Budget to fund the project. However, the Capital Improvements Fund does have monies reserved for the next years CIP projects. One of those projects is the 1994-95 phase of the sportspark development. Next years phase of the sportspark plan is scheduled to have $100,000 allocated for projects. The staff suggest that the lighting project is critical to the use of the softball fields and that it should be funded this year. However, the staff also is of the opinion that the other projects on this years "funded list" should not be affected. Therefore the recommended funding method is for the Council to allocate an additional $12,000.00 to this years project and reduce next years sportspark allocation by $12,000.00. By using this funding approach the lighting project can be accomplished without adverse impact on any other projects and without increasing the overall sportspark appropriations. RECOMMENDATION: The staff recommends Council approval of a contract to Lamar Industries, Shawnee,Ok. in the amount of $67,500.00 for the purpose of completing lighting work for the softball four-plex as provided for in the bid documents. ATTACHMENT: Bid Documentation CITY OF OWASSO 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 (918) 272-2251 BID DOCUMENTATION Opening Date: January 12, 1994 Council Approval• Item: Sports Park Phase II Lighting Number of Bids: 2 Bids Opened By: Rohn Munn Witness: Marcia Boutwell Witness: ITEMS 001 BASE BID 002 ALTERNATE #1 003 ALTERNATE #2 004 ALTERNATE #3 005 ALTERNATE #4 006 ALTERNATE #5 007 ALTERNATE #6A 008 ALTERNATE #6B Certification: NA LAMAR $63,900 ME SSI INC $66,500 $25,090 $24,750 $2050 $1050 $170 $350 $110 $70 $5490 $10,500 $1550 $900 $4020 $3400 I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: Date : ~ 9 11iYVti~V.l ll.//l. r ~ ~^\ ':( SEAS,)', r I .A. • ' \ }~ • ~~ r~ t.. r~./i ,~ \ , MEMORANDUM 1 TO: FROM: SUBJECT: DATE ^r : ~ BACKGROUND: THE HONORABLE MAYOR AND COUNCII. CITY OF OWASSO TIMOTHY ROONEY, CITY PLANNER ANNEXATION REQUEST - 159 ACRES EAST AND NORTH OF EL RIO VISTA January 12, 1994 The City of Owasso has received an annexation request from Tuttle & Associates, applicants for Larkin Bailey Trust, owners, for property located east of Garnett Road, one 1/4 mile north of E. 96th Street North. The subject property contains 159 acres, more or less, and is currently undeveloped with the exception of one residence. The subject property is intended for residential development, however if annexation is approved, a zoning of the property to a residential designation would be required. It is the intent of the developers to request a zoning classification similar to that which was previously obtained from Tulsa County. That request, a Planned Unit Development, had densities similar to an RS-2 (Residential Single-Family: Medium Density) zoning district, which would be equivalent to a Windsor Lake type addition. In addition to obtaining zoning, all necessary subdivision requirements would need to be met. Sewer and water are both available to the subject site requiring some extension. Sanitary sewer is located along the northeast corner of El Rio Vista Addition, then turning west into the addition itself. It is unclear, at this time, as to whether or not the sanitary sewer that this development would tap into is adequate to handle any future development. The applicant's engineer would need to determine the capacity of the existing line, and if it is not adequate, would need to provide improvements to what exists or a new system for this area. The subject site is divided in half as the west half would be served by the City of Owasso and the east half falls under Washington County Rural Water District #3. It is possible that the Washington County Rural Water District will release the east half of the subject property to be serviced by the City of Owasso. If this area is not released by Washington County, it should be noted that all water lines within this area would be required to be at City standards, not Washington County standards. While the intersection of 96th Street and Garnett Road is currently a concern to nearby property owners, it should not weigh heavily in the decision making process of this annexation request. If the property is not annexed into the City of Owasso, it is likely to develop as a County subdivision at lower standards than that of the City. In short, traffic through that intersection is likely to increase, whether it is annexed or not. A site map of the area has been attached for your information and review. The Owasso .,,, Annexation Committee reviewed the applicants request at their December 29, 1993 meeting and unanimously recommended approval of the annexation request. The Owasso Planning Commission unanimously recommended approval of the annexation at their January 11, 1994 meeting with the condition that if a portion of the annexed area is serviced by Washington County for water, all water lines installed will be at the City of Owasso's standards. RECOMMENDATION: Staff recommends approval of Ordinance No. 476, authorizing the City of Owasso's annexation of the subject property. ATTACHMENTS: .~ 1. Site map of the subject property. 2. A Copy of the Annexation Petition Submitted by Larkin Bailey Trust. 3. Copy of Letter to Tuttle & Associates Regarding Sanitary Sewer. 4. A Copy of the Owasso Annexation Committee's Minutes. 5. A Copy of the Owasso Annexation Policy. 6. Ordinance No. 476 A A 13-5 A 2.5 A. .A 26A 2.5 A 208 25A 25A 0.8 A 3 8 LA 40 A --p 2.5, 2.5 A 2541. l25A 25A 2.541 SUBJECT SITE 90. 74 z ------- (VA 70. 7 A 10 A A 98 tft 3.7_. . T 3 A 14.8 5.5 A 01I,7 A A 9. 5 A 80.6 A 56 A 150 A 50.9 A 19.3 A, F5 A. IN 36.6 A Lii-i 4.6 A A 'All 119 2 A 5.2 A 9.8 A T-5 18 3. 2 A 9. 9 =Aj s:b A ORTH SMITH ELEM. • 40 A BEFORE THE HONORABLE CITY COUNCIL OF ~ THE CITY OF OWASSO, OKLAHOMA ~" PETITION FOR ANNEXATION The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to-wit: A Tract of Land being the S/2 of the NW/4 and the N/2 of the SW/4 of Section 17, Township 21 North, Range 14 East of file Indian Base and Meridian, Tulsa County, Oklahoma. being territory adjacent and continuous to the incorporated City of i Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petition the City Council of the City of Owasso, ' Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 12th day of November, 1993. , ~~ii~ ~ ii i~ City o f Owasso 207 SOUTH CEDAR ° °°""s~ (91 81 272-225 1 P.O. BOX 180 :°~~ (: ""~ ~'~ FAX. (918) 272-4999 OWASSO, OKLAHOMA ~ ' `~ °~ 74055 * ~~` ~ ~ , ~l ,; January 4,1993 E .Charles Procter TUTTLE AND ASSOCIATES, INC. 5460 S. Garnett Road, Suite M Tulsa,Oklahoma 74146 RE: ANNEXATION OF SUBJECT SITE (S/2 NW/4, N/2 SW/4 SEC 17-21-14) Dear Mr. Procter: The staff has done some preliminary reviewing of the above subject site and offer the following information for your use. Presently, the existing sanitary sewer lines that run throughout the EL RIO VISTA subdivisions all end up going through the ATOR LIFT STATION. Therefore, you will need the existing status of this station for your calculations to determine if modifications will be needed. ATOR LIFT STATION characteristics are as follows: GPM = 150 TDH = 40 Pump size = 4" Propeller = 9-5/8" SHP motors (2 total) 1170 RPM 220 V motor 60 cycle, 3 Phase It is the staff s understanding that the above stated site may or not be developed all at one time. If this is true, the entire area will need to be carefully studied to provide the best overall sanitary alignment. All the possible alternatives should be looked at including using routs other than the El Rio's lines. The staff will do its best to provide you with as much information as needed, but we are not in the design business. That is the responsibility of the consulting engineer. We will review your proposed solution to insure that it meets all appropriate design standards and considers both existing conditions and future growth. If you have any questions, please feel free to call me at 272-2251. Sincer//ely, ~i~ Rohn Munn Engineering Technician cc: Steve Compton, Assistant City Manager Robert Can, Public Works Director Tim Ronney, City Planner File i~ i~ i~ OWASSO ANNEXATION CONIlVIITTEE 112[NUTES OF SPECIAL MEETING Wednesday, December 29, 1993, 5:00 PM Owasso City Hall 207 S Cedar, Owasso, Oklahoma L i~ MEMBERS PRESENT Charles Willey Bob Randolph Steve Compton Tim Rooney Maria Alexander Robert Can Ray Haynes John Phillips MEMBERS. ABSENT Rodney Ray Rohn Munn Ron Cates Dale Johnson Bob Allen John Phillips STAFF PRESENT Charlotte White Dan Salts The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on December 10, 1993. 1. CALL TO ORDER -Tim Rooney called the meeting to order at 5:00 p. m. 2. CONSIDER APPROVAL OF THE A~IIN~UTES OF JANUARY 25, 1993 - Ray Haynes moved, seconded by Tim Rooney, to approve the minutes. Motion carried 8-0. ANNEXATION REVIEW 3. Larkin Bailey Trust (1714 - An approximate 160 acre tract located east of the El Rio Vista Addition, north of 96th Street North, further described as the S/2 of the NW/4 and the N/2 of the SW/4 of Section 17, T21N, R14E, Tulsa County. Staff reviewed the case as presented by the memorandum in the agenda packet. The subject tract is approximately 160 acres in size. Charles Willey stated two development challenges would need to be addressed by the owner of the property, most notably the sanitary sewer services and the lift station. It was also stated the applicant is aware that this concern needs to be resolved prior to development. Staff stated that the subject property met all annexation criteria as required by Ordinance. If the Annexation committee approves the request, this property will be going to the Planning Commission on January 11, 1994. Following discussion, Ray Haynes moved, seconded by Steve Compton, to approve the annexation. Motion carried 8-0. 4. ADJOURNMENT -Bob Randolph moved, seconded by Charles Willey for adjournment. Meeting adjourned at 5:25 p.m. ANNE%ATION POLICY 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing city limits. 3. All properties should be annexed into the city limits as the lowest zoning classification, that is, AG, agricultural. Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the city will be legal, but non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not met city standards will not be improved by the city until brought to the city standard +~ and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a city limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow city employees and citizens to know where the city boundaries are. ~ 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by Council on March 1, 1988. CITY OF OWASSO, OKLAHOMA ORDINANCE NO 476 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING TAE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Municipal Code, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three-fourths of the legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on January 18, 1994 at 7:00 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 18th day of January, 1994, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Municipal Code, and further, that proper legal notice of presentation of said petition had been given; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Municipal Code, and more particularly described as follows, to-wit: A Tract of Land being the S/2 of the NW/4 and the N/2 of the SW/4 of Section 17, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the temtory hereby annexed. PASSED AND APPROVED this 18th day of January, 1994. Bob Randolph, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney MEMOI~CANI)UM TO: THE HONORABLE MAYOR AND CITY COUNCII, 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. MEMORANDUM Ordinance #477 January 13, 1994 Page 2 RECOMMENDATION The staff recommends Council approval of Ordinance #477 and the attachment of an emergency clause in a separate action. ATTACHMENTS 1. Memorandum dated January 12, 1994 from Mr Cates 2. Ordinance #477 3. Memorandum dated August 12, 1993 from City Manager 4. Memorandum dated August 6, 1993 from Mr Cates 5. Letter dated August 18, 1993 from Mayor Randolph to TCI i~ ii i~ 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, 1.994 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 i_t'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 t}le ordinance; however, municipal attorneys in the Tulsa metropolitan area had determined t}lat 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 regulating municipalities. The proposed ordinance is such prototype ordinance which, but for a few minor local variations, has Heretofore been adopted by the City of Tulsa, Oklahoma. It is also submitted that other rate regulating municipalities within the metropolitan area are being presented with this ordinance by the respective ]_ocal's City Attorney with a recommendation for adoption of same. I will conclude by stating that it has previously been ,~ determined through meetings held with City Managers as well as City Attorneys within the metropolitan area through INCOG that uniformity of cable rate regulations and service regulations is a desired goal. Likewise, it is submitted that uniformity of procedures for cable rate regulations would be advantageous to the municipality as well as the cable provider. Accordingly, it is my recommendation that the proposed Owasso Basic Cable Television Service Rate Regulation Ordinance be adopted with the emergency clause thereon approved. owgen94.mco 2 i~ ii 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. ii BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, ORLAHOMA, 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 i~ B. Basic Cable Service Tier. Any category of separately available cable service provided by a Cable Operator to which subscription is required for access to any other tier of service and which includes the retransmission of local television broadcast signals, any public, educational and governmental programming and any additional video programming signals added by a Cable Operator. Cross References Definitions, "basic cable service", see 47 USC, §522(3). Definitions, "service tier", see 47 USC, §522(16). Regulation of Rates, Establishment of Basic Service Tier Rate Regulation, Components of basic service tier subject to rate regulation, minimum contents, see 47 USC, §543(b)(7)(A). Definitions, "basic service", see 47 CFR §76.901(a>. Composition of basic tier, see 47 CFR §76.920. C. Benchmark. The per Channel rate of charge for cable television service and associated equipment which the FCC has determined to be reasonable. Cross References Regulation of Rates, Establishment of Basic Service Tier Rate Regulation, Commission obligation to subscribers to ensure reasonable rates, see 47 USC, §543(b)(1). D. Cable Act. The Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act (Public Law No. 102-385, 1992) and as the same may hereafter be amended. E. Cable Operator. Any person or group of persons: 1. Who provides cable television service over a cable system and directly, or through one or more affiliates, owns a significant interest in such a cable system; or 2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable television system. Cross References Definitions, "cable operator", see 47 USC, §522(5). 2 CABLERAT.ANN 010994 13:20 ' 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 programming 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 programming 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 programming 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 Rates for the basic service tier and cable programming services tiers, initial permitted per channel charge, price cap requirements, see 47 CFR §76.922(d). N. Reasonable Rate Standard. Any per Channel rate that is at, or below, the Benchmark or Price Cap level. Cross References Regulation of Rates, Establishment of Basic Service Tier Rate Regulation, Commission obligation to subscribers to ensure reasonable rates, see 47 USC, §543(b). SECTION 1002. INITIAL REVIEW OF BASIC CABLE SERVICE RATES A. Notice. Upon the effective date of the Ordinance adopting this Chapter and certification of the City by the FCC to regulate Basic Cable Service Rates, the City shall immediately notify any Cable Operator in the City, by certified mail, return receipt requested, that the City intends to regulate Basic Cable Service Rates as authorized by the Cable Act. Cross References Franchising authority certification, effective date provisions, see 47 CFR §76.910 (e). B. Cable Operator response. Within thirty (30) days of receiving notice from the City a Cable Operator shall file with the City its current Basic Cable Service Rates and any supporting material concerning the reasonableness of those rates. Cross References Initiation of review of basic cable service and equipment rates, filing of rates by cable operator, see 47 CFR §76.930. C. Expedited determination and public hearing. 1. If the City Council is able to expeditiously determine that the Cable Operator's Basic Cable Service Rates are within the FCC's Reasonable Rate Standard, as determined by the applicable Benchmark, the City Council shall: a. Hold a public hearing at which interested persons may express their views; and Cross References Participation of interested parties, see 47 CFR §76.935. b. Act to approve the Basic Cable Service Rates within thirty (30) days from the date the Cable Operator filed its Basic Cable Service Rates with the City. Cross References Franchising authority review of basic cable rates and equipment costs, rates effective 30 days 4 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: rJ 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). a. Ninety (90) days, if the City Council needs more time to ensure that a rate is within the FCC's Reasonable Rate Standard; or 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(6)(1>. b. One hundred-fifty (150) days, if the Cable Operator has submitted a Cost-of-Service Showing seeking to justify a rate above the applicable Benchmark. 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(6>(2). 2. 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 requesting the Cable Operator to keep accurate account of all amounts received by reason of the proposed rate and on whose behalf the amounts are paid. Cross References franchising authority review of basic cable rates and equipment costs, rates effective 90 or 150 days after submission if no action within additional time periods, see 47 CFR §76.933(c). E. Public hearing. During the extended review period and before taking action on the proposed rate, the City Council shall hold at least one public hearing at which interested persons may express their views and record objections. Cross References Participation of interested parties, see 47 CFR §76.935. F. Objections. An interested person who wishes to make an objection to the proposed Initial Basic Cable Service Rate may request the Council Secretary record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector shall provide the Council Secretary with the objector's name and address. 6 CABLERAT.ANN 010994 13:20 i~ i~ 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). II i~ i~ 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 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)(C). H. Cost-of-Service Showings. If a Cable Operator does not wish to reduce the rates to the permitted level, the Cable Operator shall have the opportunity to submit a Cost-of-Service Showing in an attempt to justify a Initial Basic Cable Service Rates above the FCC's Reasonable Rate Standard. The City Council shall review a Cost-of-Service submission pursuant to FCC standards for review. The City Council may approve Initial Basic Cable Service Rates above the Benchmark if the Cable Operator makes the necessary showing; however, a Cost-of-Service determination resulting in rates below the Benchmark or below the Cable Operator's September 30, 1992 rates minus ten (100) percent, shall prescribe the Cable Operator's new rates. Cross References Rates for the basic service tier and cable programming services tiers, initial permitted per channel charge, see 47 CFR §76.922(b)(i). Rate prescription, franchising authority to order, see 47 CFR §76.941. I. Decision. 1. By formal resolution. After completion of its review of the Cable Operator's proposed rates, the City Council shall adopt its decision by formal resolution. The decision shall include one of the following: Cross References Written decision, when a franchising authority must issue, see 47 CFR §76.936. a. If the proposal is within the FCC's Reasonable Rate Standard or is justified by a Cost-of-Service analysis, the City Council shall approve the Initial Basic Cable Service Rates proposed by the Cable Operator; or b. If the proposal is not within the FCC's Reasonable Rate Standard and the Cost-of-Service analysis, if any, does not justify the proposed rates, the City Council shall establish Initial Basic Cable Service Rates that are within the FCC's Reasonable Rate Standard or that are justified by a Cost-of-Service analysis. 8 CABLERAT.ANN 010994 13:20 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 SECTION 1003. REVIEW OF REQUEST FOR INCREASE IN BASIC CABLE SERVICE RATES A. Notice. A Cable Operator in the City who wishes to increase the rates for the Basic Cable Service Tier or associated equipment shall file a request with the City and notify all subscribers at least thirty (30) days before the Cable Operator desires the increase to take effect. This notice may not be given more often than annually and not until at least one year after the determination of the Initial Basic Cable Service Rates. Cross References Advance written notification to customers of any changes in rates, pros-arrming services or channel position, see 47 CFR §76.309(c)(3)(i)(B). Notification of proposed rate increases, written notice to subscribers, see 47 CFR §76.932. Advance written notification of rate increases to franchising authority, see 47 CFR §76.964. B. Expedited determination and public hearing. 1. If the City Council is able to expeditiously determine that the Cable Operator's rate increase request for basic cable service is within the FCC's Reasonable Rate Standard, as determined by the applicable Price Cap, the City Council shall: a. Hold a public hearing at which interested persons may express their views; and Cross References Participation of interested parties, see 47 CFR §76.935. b. Act to approve the rate increase within thirty (30) days from the date the Cable Operator filed its request with the City. 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). 2. If the City Council takes no action within thirty (30) days from the date the Cable Operator filed its request with the City, the proposed rates shall go into effect. 1 0 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 tolled, 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(6)(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(6)(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 1 1 CABLERAT.ANN 010994 13:20 requesting the Cable Operator to keep accurate account of all amounts received by reason of the proposed rate increase and on q whose behalf the amounts are paid. Cross References Franchising authority review of basic cable rates and equipment costs, rates effective 90 or 150 days after submission if no action within additional time periods, see 47 CFR §76.933(c). r D. Public hearing. During an extended review before taking action on the requested rate increase, Council shall hold at least one public hearing at which persons may express their views and record objections. Cross References Participation of interested parties, see 47 CFR §76.935. period and the City interested ,~. E. Objections. An interested person who wishes to make an objection to the proposed rate increase may request the Council Secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector shall provide the Council Secretary with the objector's name and address. 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). F. Delayed determination. If the City Council is unable to make a final determination concerning a requested rate increase within the extended time period, the Cable Operator may put the increase into effect, subject to subsequent refund if the City Council later issues a decision disapproving any portion of the increase. Cross References Franchising authority review of basic cable rates and equipment costs, rates effective 90 or 150 days after submission if no action within additional time periods, see 47 CFR §76.933(c). G. Price Cap analysis. If a Cable Operator presents its request for a rate increase as being in compliance with the FCC's Price Cap, the City Council shall review the rate using the Price Cap analysis in accordance with the standard form authorized by the 1 2 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 1 3 CABLERAT.ANN 010994 13:20 a person requesting the Council Secretary record the objection or may be submitted in writing at anytime before the decision resolution is adopted. Cross References Written decision, when a franchising authority must issue, see 47 CFR §76.936. J. Refunds. 1. The City Council may order refunds of subscribers' Basic Cable Service Rate payments, with interest, if: a. The City Council was unable to make a decision within the extended time period as described in subsection C. above; and b. The Cable Operator implemented the rate increase at the end of the extended review period; and c. The City Council determines that the rate increase as submitted exceeds the applicable Price Cap or that the Cable Operator failed to justify the rate increase by a Cost-of-Service Showing, and the City Council disapproves any portion of the rate increase. 2. 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. K. Appeal. The City Council's decision concerning Basic Cable Service Rates 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. SECTION 1004. CABLE OPERATOR INFORMATION A. City may require. 1. In those cases when a Cable Operator has submitted initial rates or proposed an increase that exceeds the Reasonable Rate Standard, the City Council may require the Cable Operator to produce information, in addition to that submitted, including 14 CABLERAT.ANN 010994 13:20 ['. i~ 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 i~ 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. i~ i~ i~ 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: 1 rJ CABLERAT.ANN 010994 13:20 t 1. If the information has been submitted voluntarily without any direction from the City, the Cable Operator may request that ' the City return the information without considering it. Ordinarily, the City will comply with such a request; however, when the public interest so requires, the information shall be made , available for public inspection. 2. If the information was required to be submitted by the City Council, the information shall be made available for public , inspection. D. Appeal. If the City Council denies the request for ~ confidentiality, the Cable Operator may seek review of that decision from the FCC within five working days of the City Council's decision, and the release of the information shall be stayed pending review. _ SECTION 1005. AUTOMATIC RATE ADJUSTMENTS A. Annual inflation adjustment. In accordance with FCC regulations, the Cable Operator may adjust its capped base per Channel rate for the Basic Cable Service Tier annually by the final Gross National Product Price Index. Cross References Price cap requirements, inflation adjustments, 47 CFR §76.922(d)(1). B. Other external costs. 1. FCC regulations allow the Cable Operator to increase its Basic Cable Service Rates automatically to reflect certain external cost factors to the extent that the increase in cost of those factors exceeds the Gross National Product Price Index. These factors include retransmission consent fees, programming costs, state and local taxes applicable to the provision of cable television service, and costs of permit or franchise requirements. The total cost of an increase in a permit or franchise fee may be automatically added to the base per Channel rate, without regard to its relation to the Gross National Product Price Index. Cross References Price cap requirements, external costs, 47 CFR §76.922(d)(2). 2. For all categories of external costs other than retransmission consent and franchise fees, the starting date for measuring changes in external costs for which the basic service per Channel rate may be adjusted shall be the date on which the Basic Cable Service Tier becomes subject to regulation or February 28, 1 6 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 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 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. Cross References Fines, franchising authority to impose fines, 47 CFR §76.943. 1 7 CABLERAT.ANN 010994 13:20 Section 2. SEVERABILILTY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competetent jurisdiction, such decision shall not affect the validitiy of the remainder of this ordinance or any part thereof. Section 3. EMERGENCY CLAUSE. An emergency is hereby declared to exist for the preservation of the public peace, health and safety, by reason whereof this ordinance shall be effective immediately from and after its passage, approval and publication. PASSED AND APPROVED with the emergency clause ruled upon and approved separately by the Council, this day of 1994. CITY OF OWASSO, OKLAHOMA By: Bob Randolph, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 18 ' ~oRarmuM TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST FOR COUNCIZ TELEVISION REGULATION CONSIDERATION OF CABLE August 12, 1993 ^ 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. RECONIl~IENDATION: 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. ATTACHMENT: 1. Memorandum from Mr Cates dated August 6, 1993 RONALD D. CATES Attorney at Law Suite 680, PazkCentre 525 South Main Tulsa, Oklahoma 74103 918-582-7447 MEMORANDUM TO: Rodney J. Ray, City Manager FROM: Ronald D. Cates, City Attorney DATE: Augers t 6 , 199 3 RF.: P•lunicipal Regulation and Ownership of Cable Television On the 5th day of August, J_993, I attended and completed a training seminar relating t.o Nlunir.ipal Regulation and Ownership of Cable Television sponsored by the Oklahoma Municipal League. In that respect I enclose herewith a copy of the provided certification of such attendance. As you are aware, I am sure, the seminar predominately dealt with t=he re-regulation of the cable t:e]_evi si_on industry by virtue of the enactment of the Cable Television Consumer Protection and Competition Act of 1992 wherein, in part, cities and counties were reinvested with the ability {emphasis our own} to regulate basic rates of their local cable franr_.hisee as well as some aspects of the services provided by such franchisee. I specifically note "ability" in the foregoing due to t.hc_~ fact that the actual determination to re-enter the field of regulation of cable television is not automatic but instead, requ i r.es affirmative action be taken on the part of the local cable franchise authority to exercise the jurisdiction authorized by the Cable Television Consumer Protection and Competition Act of 1992. By way of harkgr_ound on October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992, Frrblic_• Law Number 102-385, Sections 3,9 & 14, 106 Statutes 1460 (.1992)(Cable Act of 1992). In adoption of the Cable Act of 1992, numerous Congressional findings were set forth providing the leq.it_imacy and necessity for the legislation. Insofar as the munir.ipality is concerned, I feel the most pertinent Congressional findings are the following, to-wit: (a) Findings. - The Congress finds and declares the following: (1) Pursuant to the Cable Communications Policy Act of 1984, rates for cable television services have been derF,gulated in appso~imately 97 percent of all franchises since December 29, 1986. Sinr_e rate deregulation, monthly rates for the .lowest priced basic cab]_e servi~c~ have increased by 40 percent or more for 28 percent ~>f cz~ble television subscrit~ers. Although the average number_ of basic channels has itrcr_eased from about 24 to 30, average monthly rates have increased by 29 percent during the same period. The average monthly cables rate has increasF~d almost 3 times as much as the ConsurnF~r Price Index since rate der_ec]ulation. FAX 918-582-0166 (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 subsc.rihers 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 <~perator as compared to that of consumers and video prod ranun~~r. s . (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 r_able 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 rF~clrrlations promulgated pursuant thereto, local jurisdictions may exercise .rate regulation over cable systems which are not subject to ef.fect.ive competition. Expressed another way, a cable system cahich 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; b) Comparable multi-channel video service provider which of fer_ s service to at least f i f ty percent ( 50 0 ) of households in franchise t.err_itory and fifteen percent (150) of households subscribe to such service; or, c) 'I'he 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 c.ompet.ition, the local jurisdiction, as provided under the Cable Act of 1992, and FCC rF~gulat_ions promulgated pursuant thereto, is limited t_o r_egulating basic tier rates and associated equipment. 'i'hE~ 192 Cable Act divides cable services into three (3) categories. Each category is subject to a different regulatory scheme. The basic service tier must include, at a minimum, the broadcast signals distributed by the cable operator (except superstations), along with with any public, educational, and governmental (PEG) access channels that the local franchise authorities requires a system operator to carry on the basic tier. Regulation of rates for this category of service is generally the responsibility of state and local government. Equipment used to receive the basic service tier is also regulated by them, regardless of. whether the equipment is also used to receive non- basic prog.ramrning. 'T'he second category of service, called Cable Programming Ser_v_ice, includes all video programming distributed over the system that is not on the basic service tier and for which the operator doss not charge a per channel or per program fee. This category of service is subject to regulation by the FCC and only in response to specific complaints regarding an operator's cable programming service. The third category of service includes video program for which the operator does charge a per channel or per program fee. The rates for this service ai:e not subject to regulation by either local governments or the FCC. To assort jurisdiction over basic tier rates, and associated equipment, the 1_ocality must (a) request certification from the FCC; (b) have in place regulations consistent with FCC rules and policies; and, (c.) provide cable operators appropriate notices of t.hei r: .intent to seek certification and of the effective date of the requlator_y authority. Localities may begin requesting c.ert.if.i.cations by filing FCC Form 328 with the FCC once the FCC's rules become effective. As of t:he date of this memorandum, the FCC has accelerated it's original effective date of October 1, 1993, to September 1, 1993. Therefore, on or after September 1, 1993, FCC Form 328 may be filed with the Commission on behalf of the municipality. In the certification request, the municipality must state that (a) i_t_ will adopt and administer rate regulations consistent with the FCC's .regulations, as well as regulations which will give intF~rest.ed parties an opportunity to participate in rate cases; (b) it has legal. authority to regulate rates; (c) it has personnel necessary to regulate rates; and, (d) it has no reason to believe the cable operator it seeks to regulate faces effective ~-ompetition. The certification becomes effective thirty (30) days aft:er_ the date on thF~ return receipt or the date on the stamped copy un]_ess the FCC finds, after notice and reasonable opportunity for the local author..ity t:o comment, that the franchising authority's certification request is defective in that it does not mE~et one of the four criteri~~. It is important; to note in the certificat.i.on process that the FCC will presume that the cable 3 i~ i~ i~ operator is not subject to effective competition based upon the franchi.s.i.ng authorities filing of certification with the FCC. Further, the FCC will not notify the franchising authority that i.t's certification has become effective. Accordingly, absent a challenge to local certification, thirty (30) days from the date nn the return receipt, the locality can assume it's certification as being approved unless otherwise advised. II CONSUMER PROTECTION AND CUSTOMER SERVICE ~i i~ i~ 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 operat:or_s may fulfill their customer service requirements. Such standards must include, at a minimum, requirements governing cable system officer_ hours and telephone availability, insta.llat.ions, outages and service calls and communications between the cable operator and subscriber (inr.l.uding 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 <1_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 stand~irds 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 imi~oses 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 service standards as well as may impose customer service standards in addition thereto which are not specifically preempted by federal law. 4 .*R III. STAFF RECOMMENDATION ' Based upon the foregoing, it is my recommendation that the matter be submitted to the City Council of the City of Owasso, Oklahoma, for it's determination as to whether or not it seeks to re-enter the field of rate and service regulation of the cable provider. In addition to the personnel and procedural ~ considerations imposed upon the municipality to reinvest itself with regulatory authority, as outlined above, I submit as other ,; necessary considerations in the decision making process, the fo_l.lowing, to-wit: °R, l_) What will the citizens gain and lose by local regulations; 2) What will the franchisee gain or lose with local requlations; 3) Since cable television is a monopolistic enterprise, is rec]u]ation expected by the public just like other utilities; and, 4) If the municipality defers regulation to the FCC, what wi_11 be the impact locally? Will the FCC address local concerns? In p.r_ovidi.ng assistance to the City Council in analyzing the foregoing considerations I submit the following. Initially, albeit to a limited extent by virtue of the deregulation that occurred render the Cab]_e Communications Policy Act of 1984, the municipality, by virtue of it's franchising authority, is in the cable television regulation business. Additionally, a decision to avai]. itse.tf of the opportunities provided by the Cable Act of 1992 is viewed as an opportunity for the locality, on behalf of it's rit_izons, to gain greater input and control into basic tier rate regu]ation as well as customer service standards. In conjunction with the recognition that the citizens via the municipality, gain input and control into the basic service tier rates should also be the recognition that regulation of such basic service tier likewise places the municipality in a position whereby it will be afforded information, which it would not otherwise rece-eve, to enable the municipal..ity to determine whether or not it should lodge a complaint with the FCC in the form of a Cable Programming Service Rate ('omplaint, on the ties- exclusively regulated by the FCC. Insofar as arry anticipated franchisee gain or loss by virtue of local regulation, I submit that by recognition of the Congr:essiona]_ findings above set forth in part, the loss will be that of an unfettered, monopolistic, enterprise that in large part for approx~ mately nine ( 9 ) years has operated without any effective regulation. NotwSthstanding such loss, I am of the opinion that t.tre franchiseF~ will gain through local regulation by such r.equiation creating a vehicle whereby the cable operator, as franchisee, wi.] _l be compelled to be more sensitive to the attitudes i~ i~ i~ i~ ii 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 legit_i_mate 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, expressect sur_pri.se over the absence of regulatory aut=hority arising by virtue oL the Cable Communications Policy Act of 1.984, due to the cit:izenry's perceived regulatory power pursuant to the franchising authority possessed under the Constitution of the State of Oklahoma. T am of the opinion that if the City of Owasso, Oklahoma, dF~i=ers 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 Cable Act of ].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 or_i_ented approach the FCC, in recent years, probably due to the Reagan-Bush era of deregulation of private enterprise, has been known. more for attempting to deregulate than requlate industry. finally, in a general sense, recognition of the fact that the FCC is not only geographically, but most likely attitudnally, far rF~moved from the concerns of the citizens of the City of Owasso, Oklahoma, it i.s submi-tted that deferment to the FCC, will in all likely-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 Counr,il to enat_~le the Mayor to execute FCC Form 328 - Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of. Lack of F,ffective Competition. Finally, a~rthori~.at.ion should be sought from the City Council. authorizing thE~ Mayor to execute the Notice to Cable Operator under FCC rules on r.ustomer service standards. For your convenience, I have t~r-F~par.PCi such documents and enclose them herewith. If the City Council of the City of Owasso, Oklahoma, ~1~~ter.mines to avail itself of the regulatory abilities provided by thF~ Cable Act: of 1992, in ad dition to the foregoing, I recommend that_ we inunediate.ly embark upon the establishment, for Council ap}~roval, of regulations with respect to rate regulation 6 proceedings as well as basic cable service that are consistent with the regulations adopted by the FCC, or as may be authorized by ~ Section 8 of the Cable Television Consumer Protection and Competition Act of 1992. ~ I trust the foregoing meets with your needs at this time. ~ Should you have any questions or comments concerning the foregoing, please do not hesitate to contact me at your earliest convenience. RDC/nhc owgen93.mct 7 City of Owasso 207 SOUTH CEDAR PHONE 272-2251 August 18, 1993 i~ i~ i~ i~ L~ Mr. Rick Comfort Genera] Manager TCI Cablevision P.(~. Box 470800 Tulsa, Oklahoma 74147-0800 (pia certified mail) Dear Mr. Comfort: OWASSO, OKLAHOMA 74055 On April 7, 1993, the Federal Communications Commission released ~~ Report and Order adopting a new rule (47 C.F.R. Section 76.309) implementing Section 8 of the Cable Television Consumer Protection and Competiti~~n Act of 1992; that section governs the establishment, implementation and enfol-cement of customer service standards for cable operators nar_ionwide. A copy of the new rule is enclosed. Par_~agraph (c:) of the new rule establishes federal customer service standards ("federal standards"). Paragraph (a) of the new rule 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 Plovember 11, 1993. Paragraph (b) of the new mile reserves to franchising authorities, among other things, rights to establish and/or enforce stste and local customer service requirements that exceed or are not covered Ly the federal standards. The City of Owasso, Ol;l-Zhoma, reserves and intends to exercise all rights reserved to f_ranchis_inq authorities . nhc ow22 5 . ntc~ Sincerely, Boh Randolph mayor of the City of Owasso SEE ATTACHMENT #10