HomeMy WebLinkAbout1993.02.16_City Council AgendaNOTICE OF PUBLIC MEETING
The Owasso City Council will meet in regular session on Tuesday, February 16, 1993 at 7 :00
p.m. in the Council Chambers at the Owasso Community Center, 301 South Cedar, Owasso,
Oklahoma.
Notice filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00
p.m. on Friday, February 12, 1993.
Marcii Boutwell, City Clerk
AGENDA
1. Call to Order
2. Flag Salute
3. Roll Call
4. Request Approval of the Minutes of February 2, 1993 Regular Meeting
Attachment #4
5. Request Approval of Claims
Attachment #5
Owasso City Council
February 16, 1993
Page 2
6. Special Presentation to City of Owasso, Mayor and City Council
Mr Glen Liston
7. Consideration and Appropriate Action Relating to a Request for the Purchase of a
Replacement Radio Received for a Civil Defense Warning Siren
Mr Ray
Attachment #7
Staff will recommend Council approval of the expenditure of $1265.00 for the purchase
of one "SCH" Receiver /Decoder from Goddard Enterprises, Guthrie.
8. Consideration and Appropriate Action Relating to the City's Check Signing Policy
Ms Bishop
Attachment #8
Staff will present information relating to statutory requirements and policy options
available to the Council, along with a recommended policy statement.
Owasso City Council
February 16, 1993
Page 3
9. Consideration and Appropriate Action Relating to an Contract Between the City of
Owasso and Indian Nations Council of Governments
Mr Compton
Attachment #9
Staff will recommend Council approval of a contract providing for INCOG's
administration of the Max Buchanan CDBG Economic Development Grant and payment
tfor such service in the amount of $7341.00.
10. Consideration and Appropriate Action Relating to an Agreement Between the City of
Owasso's Municipal Court and the Oklahoma District Court Serving Tulsa County
Mr Ray
Mr Cates
Attachment #10
Staff will recommend Council approval of a contract between the Municipal Court and
the District Court providing for Municipal Court jurisdiction for certain juvenile
offenders as provided for it "Title 10 O.S., Section 1102(e) ".
11. Consideration and Appropriate Action Relating to a Request for the Purchase of a
Vehicle
Mr Ray
Attachment #11
Staff will recommend Council approval of an expenditure of $2000.00 to S and S Bus
Sales for the purchase of one 1981 International Passenger Bus to be used for the
transport of DOC employees, and that payment of such amount be authorized.
Owasso City Council
February 16, 1993
Page 4
12. Consideration and Appropriate Action Relating to the Acquisition of Property for the
Purpose of Locating a New Central Fire Station
Mr Ray
Attachment #12
Staff will recommend Council approval of a property acquisition concept and that the
City Manager and City Attorney be authorized to initiate all necessary discussions and
documents for the acquisition of a tract of land from Mr Hayward Smith and that an
offer for such property be authorized contingent upon final approval from the Council.
13. Consideration and Appropriate Action Relating to a Request for Council Approval of a
Final Plat for Windsor Lake II Addition, Generally Located South and East of the
Southeast Corner of 96th Street North and 129th East Avenue
Mr Augustine
Attachment #13
Staff will recommend Council approval of the Plat based on a review by the Owasso
Planning Commission and the staff.
14. Report from City Manager
15. Report from City Attorney
Owasso City Council
February 16, 1993
Page 5
16. Unfinished Business
17. New Business
18. Adjournment
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, February 2, 1993
The Owasso City Council met in regular session on Tuesday, February 2, 1993 in the Council
Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 4:00 p.m. on Friday, January 29, 1993.
ITEM 1: CALL TO ORDER
Mayor Marlar called the meeting to order at 7:00 p.m.
ITEM 2: FLAG SALUTE
The flag salute was led by Allen Ronnow, a member of Boy Scout Troop #857. Ronnow and
other members of the Troop attended the Council meeting as a part of the requirements for their
Community Citizenship badge.
ITEM 3: ROLL CALL
PRESENT ABSENT
STAFF
Patricia Marlar, Mayor
Rodney J Ray, City Manager
Jason Gittelman, Vice Mayor
Ronald D Cates, City Attorney
John Phillips, Councilmember
Marcia Boutwell, City Clerk
Bob Randolph, Councilmember
Jim Smalley, Councilmember
A quorum was declared p resent.
ITEM 4: REQUEST APPROVAL OF THE MINUTES
OF JANUARY 19. 1993
REGULAR MEETING
John Phillips moved, seconded by Jason Gittleman, to approve
the minutes, by reference made
a part hereto.
AYE: Phillips, Gittelman, Randolph, Smalley, Marlar
NAY: None
Motion carried 5-0.
Owasso City Council February 2, 1993
ITEM 5: REQUEST APPROVAL OF THE CLAIMS
Bob Randolph moved, seconded by Jim Smalley, to approve the following claims as submitted:
(1) General Fund $31,308.74, (2) Workers' Compensation Self- Insurance Plan $5,128.04, (3)
Ambulance Service Fund $140.46, (4) City Garage $138,491.42, (5) General Fund Payroll
$82,325.75, (6) City Garage Payroll $3,407.61.
AYE: Randolph, Smalley, Phillips, Gittelman, Marlar
NAY: None
Motion carried 5 -0.
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
ORDINANCE #456. AN ORDINANCE ADOPTING REZONING CASE NO
OZ -92. RELATING TO A SITE APPROXIMATELY 1.9 ACRES IN SIZE AND
GENERALLY LOCATED ON THE NORTH SIDE OF 86TH STREET
BETWEEN 123RD E AVENUE AND 129TH E AVE
Staff report was presented by Mr Rooney. The subject tract is currently undeveloped and is
zoned AG. It is abutted on the east by undeveloped OL -zoned property, on the south by 86th
Street N, and on the north and west by a drainage channel and Lakeridge Addition zoned RS -3.
The applicant, Robert Long, is requesting the rezoning to allow for the development of an
insurance office and possible expansion to include a travel agency at a later time. The staff
report and recommendation were presented to the Planning Commission on January 21, 1993,
at which time the Planning Commission unanimously recommended approval of the rezoning
request, with the incorporation of a 35 foot wide buffer area zoned AG being maintained along
the property line shared by the subject site and the residential development to the north (along
the drainage area). Following discussion, Bob Randolph moved to approve the rezoning request
as recommended by the Planning Commission. Motion was seconded by Jason Gittelman.
AYE: Randolph, Gittelman, Phillips, Smalley, Marlar
NAY: None
Motion carried 5-0.
Owasso City Council
February 2, 1993
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR THE WITHDRAWAL OF ANNEXATION PETITION
SUBMITTED IN MAY OF 1988 BY MR & MRS ELDEN BIRKS.
Mr Rooney presented this item and stated that the City of Owasso attempted to take action on
an annexation petition from Mr & Mrs Elden Birks during the period May through August of
1988. A search of the Council minutes from that period revealed that the item was tabled by
the City Council, with no further formal action been taken. Staff has been in touch with Mr &
Mrs Birks and learned that they are no longer interested in pursuing annexation. They have
requested that their annexation petition be withdrawn. John Phillips moved that the request
from Mr & Mrs Birks to withdraw the annexation petition submitted in May 1988 be approved
and that the letter received from Mr & Mrs Birks requesting same be attached to these minutes
and made a part thereof. Motion was seconded by Jason Gittelman.
AYE: Randolph, Gittelman, Phillips, Smalley, Marlar
NAY: None
Motion carried 5-0.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN
AGREEMENT BETWEEN THE CITY OF OWASSO AND THE AMERICAN
RED CROSS TULSA DIVISION PROVIDING FOR A "LEARN TO SWIM"
PROGRAM DURING THE 1993 OWASSO POOL SWIMMING SEASON
Mr Compton presented this item. Each year the City is asked by the American Red Cross to
sign a Letter of Agreement covering their Owasso Learn to Swim program. This agreement
addresses the Program Objectives, Responsibilities of the American Red Cross, Responsibilities
of the Owasso City Pool, and indicates the effective dates. Staff recommended Council approval
of the Agreement. Mr Randolph asked about the condition of the pool. Mr Compton stated that
a memorandum would be forthcoming with recommendations regarding the pool's mechanical
system. Mr Ray stated that staff is looking into the possibility of privitizing the management
of the pool. Jason Gittelman moved that the Letter of Agreement with the American Red Cross
covering the Learn to Swim program be approved and the Mayor be authorized to execute the
document on behalf of the City. Motion was seconded by John Phillips.
AYE: Gittelman, Phillips, Randolph, Smalley, Marlar
NAY: None
Motion carried 5 -0.
Owasso City Council February 2, 1993 1
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
CONTRACT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA
DEPARTMENT OF COMMERCE PROVIDING FOR A GRANT OF $151,203
FOR INFRASTRUCTURE IMPROVEMENTS RELATING TO THE MAX
BUCHANAN RELOCATION PROJECT
Staff report was presented by Mr Compton. In December the Council authorized the Mayor to
execute and return to ODOC a photocopy of a notification letter indicating acceptance of a
CDBG -EDF grant offered by the Department of Commerce. It was indicated at that time that
a contract would be forthcoming, and that $151,203 had been reserved to construct infrastructure
improvements in the area of the Max Buchanan site. The contract and related documents have
been received by staff and reviewed. It was noted that ODOT will provide a $40,000 grant for
surfacing the access road, with Tulsa County providing equipment and labor needed to lay the
road surface at a minimum of $28,756. The final contract has been amended to show the
Department of Transportation and Tulsa County as Other Sources of Funds instead of the
Department of Transportation solely. Jim Smalley moved, seconded by John Phillips, to
approve the contract between the City of Owasso and the Oklahoma Department of Commerce
and to authorize the Mayor to execute the documents.
AYE: Smalley, Phillips, Randolph, Gittelman, Marlar
NAY: None
Motion carried 5-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST BY THE CITY ATTORNEY THAT HE BE AUTHORIZED TO
EXECUTE AND FILE A DISCLAIMER OF INTEREST IN THE MATTER OF
LORA MAXINE SHAY ET AL V CITY OF OWASSO ET AL CASE #JC
93-40.
Mr Cates stated that the developers of Pleasant View Addition, located just east of Windsor
Lake, have filed a petition requesting that the District Court vacate a right -of -way easement
located within the Addition. A stub street within Pleasant View has not been utilized as an
access point into Windsor Lake, and the right -of -way is unnecessary. Therefore, the Pleasant
View developers are petitioning for its abandonment. The right -of -way involved is located
outside the city limits; therefore, the City would have no involvement as a defendant in the case.
Mr Cates requested authorization to file a "Disclaimer of Interest" to remove the City from the
action. Bob Randolph moved to authorize the City Attorney to file a "Disclaimer of Interest"
in the matter of Lora Maxine Shay, et al v. City of Owasso, et al. Motion was seconded by
John Phillips.
4
Owasso City Council February 2, 1993
AYE: Randolph, Phillips, Smalley, Gittelman, Marlar
NAY: None
Motion carried 5-0.
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
CONTRACT BETWEEN THE OWASSO GOLDEN AGERS AND THE CITY
OF OWASSO FOR THE PURPOSE OF MAINTAINING A SENIOR CITIZENS
VAN DRIVERS PROGRAM
Staff report was given by Mr McElrath. He stated that the Owasso Golden Agers own a Senior
Citizens Van which was obtained through a grant from the State of Oklahoma Special Unit on
Aging. Since the Senior Nutrition Program was started, ridership of this van, as well as the
Community Center van, has increased approximately 50% This increase has made it difficult
to ensure an adequate number of volunteer drivers each week. OGA has applied for and
received an increase of $6500.00 in the funding that it receives from the Metropolitan Tulsa
Transit Authority for operation of the Senior Citizens Van. This amount is great enough to
cover the cost of paying for a part-time driver or drivers. The request before the Council was
for the approval of a contract between the Owasso Golden Agers and the City of Owasso
allowing the City to administer the wage related costs and providing for reimbursement to the
City from OGA.
Bob Randolph moved to approve the contract between the Owasso Golden Agers and the City
of Owasso and to authorize the Mayor to execute the document. Motion was seconded by Jason
Gittelman.
AYE: Randolph, Gittelman, Phillips, Smalley, Marlar
NAY: None
Motion carried 5-0.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR AN AMENDMENT TO THE FY92 -93 GENERAL FUND
BUDGET
Mr McElrath present this request. In order for the Agreement between the City of Owasso and
the Owasso Golden Agers to become operative, it is necessary for the Community Center budget
for FY92-93 to be revised to include the income from the reimbursement to the City by OGA
by an amount of $2032.00 as a supplemental appropriation to the Community Center /Senior
Citizen budget. Staff also requested an amendment to the General Fund Budget Revenue
Owasso City Council February 2, 1993
projections, increasing revenue by $2052, which covers salaries and wages and related expenses,
plus a one percent administrative cost.
John Phillips moved to approve the amendment to the FY92 -93 General Fund Budget. Motion
was seconded by Jason Gittelman.
AYE: Phillips, Gittelman, Randolph, Smalley, Marlar
NAY: None
Motion carried 5-0.
ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ADOPTION OF A CARRY -OVER BUDGET
POLICY
Mr Ray brought a request before the Council to allow the budget process to include carry-over
funds effective with the next fiscal year budget. He stated that each request to carry over funds
would be reviewed with justification required. It is felt that a carry-over policy would promote
some increased efficiencies and allow departments some latitude in long -range planning by being
able to save for a future, large expenditure. Following discussion, John Phillips moved to
approve the request for Council to adopt a carry-over budget policy. Motion was seconded by '
Jim Smalley.
AYE: Phillips, Smalley, Gittelman, Marlar
NAY: Randolph
Motion carried 4-1.
ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN
AGREEMENT FOR THE USE OF POLE LINE FACILITIES BETWEEN
PUBLIC SERVICE OF OKLAHOMA AND THE CITY OF OWASSO
This item was presented by Mr Ray. Staff has developed a new school zone warning system
with flashing warning lights for the 76th Street North and Birch Street intersection in response
to continuing problems in that area. PSO has been asked to allow the use of their power poles
for carrying wire to the lights, and has agreed to the use provided a written agreement between
the City and PSO is executed. The proposed agreement provides for a power line to be attached
to six poles at a total cost of sixty dollars per year. PSO will install the line on the poles. If
the agreement is approved, Council must take action to approve an agreement each year the
poles are used.
Owasso City Council February 2, 1993
Jason Gittelman moved to approve the agreement allowing for the use of PSO poles for the
purpose of carrying electrical wire used in the operation of school zone safety lights, and to
authorize the Mayor to execute the document. Motion was seconded by John Phillips.
AYE: Gittelman, Phillips, Randolph, Smalley, Marlar
NAY: None
Motion carried 5-0.
ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
PRESENTATION AND DISCUSSION OF THE STAFF RESPONSE TO THE
AUDITOR'S "ADVISORY COMMENTS MEMORANDUM".
Staff report was presented by Ms Bishop. As a part of the annual audit, the auditors are to
advise the city of their findings and recommendations relative to the financial and accounting
procedures and controls. The "Advisory Comments Memorandum" is the summary of their
comments and suggestions. Response to those comments was provided in a memorandum to the
City Council. Mr Randolph had questions concerning some of the comments in that
memorandum, more specifically: (1) Interest Earnings on City Resources. Auditors
recommendation was that the City invest in accounts which pay higher interest rates and develop
a method whereby cash not needed over the short term be placed in investments which yield
higher returns. Staff responded that all non - interest bearing accounts when practical will be
converted to interest - bearing as soon as possible. Staff is currently developing procedures to
facilitate daily monitoring of operating account bank balances to determine when longer term
investments can be made. Staff will also investigate investment counseling within the next 45
days. (2) Allowance for Doubtful Accounts. Auditors recommended that the City review all
accounts included in the 90 days and greater aging and develop a policy for collection. Staff
responded that there is currently no written policy to determine the allowance for accounts
receivable. This will be researched and a written policy outlining the proper method before the
end of the next fiscal year. Staff will also provide Council with a listing of aged accounts. (3)
Year-end Accruals. Auditors commented that the City did not accrue all purchases that were
incurred at June 30, 1992. The result was that the expenditures and liabilities were understated
at June 30, 1992. They recommended that invoices received subsequent to year end be reviewed
to determine if the expenditure should be accrued, and a cut -off period determined for reviewing
the invoices. Staff will review the year -end accrual process and establish a policy to encumber
and pay invoices in the correct fiscal year. (4) Accounting Procedures. Auditors commented
that the City does not have formal written policies for the accounting and accounting - related
procedures and recommended written procedures and policies. Staff has begun working on such
procedures and policies and will have a rough draft for the Council's perusal at the first Council
meeting in September.
7
Owasso City Council
February 2, 1993
ITEM 16: REPORT FROM CITY MANAGER
Mr Ray stated that he had attended City Council meetings in several cities over the past few
months, and that he wanted to thank the Mayor & Council for the manner in which our meetings
are conducted, as well as the manner in which staff is treated.
ITEM 17: REPORT FROM CITY ATTORNEY
No Report
ITEM 18: UNFINISHED BUSINESS
None
ITEM 14: NEW BUSINESS
None
ITEM 15: ADJOURNMENT
Jason Gittelman moved, seconded by John Phillips to adjourn.
AYE: Gittelman, Phillips, Randolph, Smalley, Marlar
NAY: None
Meeting was adjourned at 8:18 p.m.
Marcia Boutwell, City Clerk
Patricia K Marlar, Mayor
CITY OF OUASSO
WORKERS' COMP SELF -INS PLAN
2/11/93 15:48:44 A/P CLAIMS REPORT
PO # VENDOR DESCRIPTION
GENERAL GOVERNMENT
930600 DARRELL EVANS T.T.D. / EVANS
DEPARTMENT TOTAL
APAPVR PAGE:
AMOUNT
626.72
626.72
FUND TOTAL =___> 626.72
1
CITY OF OWASSO
AMBULANCE SERVICE FUND
2/11/93 15:48:44 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUNT
AMBULANCE
931597 GLOBAL COMPUTER SUPPLIES SUPPLIES
931621 MICHIGAN INSTRUMENTS SUPPLIES
931655 PACE PRODUCTS OF TULSA IN SUPPLIES
931657 OSU FIRE SERVICE TRAINING INSTRUCTOR UPDATE
DEPARTMENT TOTAL = = = =>
FUND TOTAL = = = =>
76.52
76.00
36.00
20.00
208.52
208.52
2
CITY OF OWASSO
GENERAL FUND
2/11/93 15:48:44 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUNT
MANAGERIAL
931613
OWASSO CHAMBER OF COMMERC
CHAMBER BANQUET
220.00
931648
TREASURER PETTY CASH
REIMB PETTY CASH
12.00
931673
CITY GARAGE
FUEL
58.51
931674
CITY GARAGE
PARTS
.60
DEPARTMENT TOTAL =___> 291.11
FINANCE
930024 CPS BUSINESS, INC. LIC & ASSIST FEE 217.00
931648 TREASURER PETTY CASH REIMB PETTY CASH 10.00
DEPARTMENT TOTAL =___> 227.00
COMMUNITY DEVELOPMENT
930049
TULSA COUNTY MIS
DIALUP SVC
40.00
931628
BOCA INTERNATIONAL
SUPPLIES
27.00
931648
TREASURER PETTY CASH
REIMB PETTY CASH
20.73
931673
CITY GARAGE
FUEL
162.29
931674
CITY GARAGE
PARTS
28.25
931679
MCCAW COMMUNICATIONS
PAGER RENTAL
43.90
DEPARTMENT TOTAL =___> 322.17
MUNICIPAL COURT
930542 CHARLES RAMSEY SERVICES 700.00
DEPARTMENT TOTAL =___> 700.00
ENGINEERING
930353
ROHN MUNN
ENGINEERING SERVICES
1,611.98
931638
CELLULAR ONE -TULSA
1/93 USE
13.00
931648
TREASURER PETTY CASH
REIMB PETTY CASH
12.10
931673
CITY GARAGE
FUEL
36.02
931674
CITY GARAGE
PARTS
1.00
3
CITY OF OWASSO
GENERAL FUND
2/11/93 15:48:44 A/P CLAIMS REPORT APAPVR PAGE: 4
PO # VENDOR DESCRIPTION AMOUNT
931686 TCR II PRINTING 149.64
DEPARTMENT TOTAL =___>
1,823.74
GENERAL GOVERNMENT
930023
RONALD D CATES
RETAINER /SERVICES
1,935.00
930025
LEASE AMERICA
LEASE
429.00
930026
WESTERN BUSINESS PRODUCTS
COPIER MAINT
280.00
930027
OKLAHOMA BUSINESS NEWS
LEGIS REPORTER
85.00
931458
ARKANSAS DEMOCRAT GAllETT
CLASSIFIED AD
125.40
931459
SOUTHWEST TIMES RECORD
CLASSIFIED AD
36.38
931582
PITNEY BOWES INC
METER RENT 3/1- 5/31/93
53.25
931612
MISSOURI MUNICIPAL LEAGUE
CLASSIFIED AD
33.00
931648
TREASURER PETTY CASH
REIMB PETTY CASH
5.30
931649
TREASURER PETTY CASH
DOC MEALS
172.00
931673
CITY GARAGE
FUEL
148.42
931674
CITY GARAGE
PARTS
41.51
931679
MCCAW COMMUNICATIONS
PAGER RENTAL
21.95
DEPARTMENT TOTAL =___> 3,366.21
MAINTENANCE
931670 B & M CLEANING SUPPLY SUPPLIES 61.54
931673 CITY GARAGE FUEL 20.01
DEPARTMENT TOTAL =___>
81.55
CEMETERY
931437 KIMBALL ACE HARDWARE SUPPLIES 29.87
931674 CITY GARAGE PARTS 183.18
DEPARTMENT TOTAL =___> 213.05
POLICE SERVICES
930025
LEASE AMERICA
LEASE
236.00
930072
IDENTI -KIT CO, INC
IDENTI KIT LEASE
34.00
930073
DEPT OF PUBLIC SAFETY
TELETYPE LEASE
297.00
2/11/93 15:48:44
PO # VENDOR
CITY OF OWASSO
GENERAL FUND
A/P CLAIMS REPORT
DESCRIPTION
930074
HOWARD STAMPER
RADIO RETAINER
931223
LARRY SPENCER CHEVROLET
POLICE VEHICLES
931462
PHILLIPS POLICE EQUIP
EQUIPMENT
931553
KENNETH YOUNT
TUITION REIMBURSEMENT
931554
JAMES DOBRINSKI
TUITION REIMBURSEMENT
931574
US POSTMASTER
STAMPS
931614
LARSEN ELECTRONICS, INC.
RADIO ANTENNAS
931615
BLACK HILLS AMMUNITION IN
AMMUNITION
931616
CELLULAR ONE -TULSA
12/92 USE /KLAHR
931622
BARBARA HUNTLEY
TUITION REIMBURSEMENT
931623
WILLIAM MOZINGO
TUITION REIMBURSEMENT
931633
WESTERN BUSINESS PRODUCTS
COPIER MAINT /AGREE
931634
PHILLIPS POLICE EQUIP
SUPPLIES
931635
THREE LAKES LAUNDRY
PRISONER LAUNDRY
931636
SUBURBAN OFFICE SUPPLY
SUPPLIES
931637
DR. AMBROSE SOLANO, M.D.
HEP B SHOT
931663
POLICE PETTY CASH
REIMS PETTY CASH
931664
PHILLIPS POLICE EQUIP
FLASHER UNITS
931665
OFFICE DEPOT CARD PLAN
SUPPLIES
931666
DALE & LEE SERVICE
HEATER REPAIR
931671
MCDONALDS OF OWASSO
1/93 PRISONER FOOD
931673
CITY GARAGE
FUEL
931674
CITY GARAGE
PARTS
931676
MCCAW COMMUNICATIONS
PAGER LEASE
931678
HOWARD STAMPER
SERVICES
DEPARTMENT TOTAL = = = =>
CENTRAL DISPATCH
931579 SONYA DEARMOND
931624 INDUSTRIAL ELECTRICAL
DEPARTMENT TOTAL = = = =>
ANIMAL CONTROL
TUITION REIMBURSEMENT
PARTS
931575 OWASSO LUMBER CO SUPPLIES
931632 KIMBALL ACE HARDWARE SUPPLIES
931673 CITY GARAGE FUEL
931674 CITY GARAGE PARTS
931677 NELSON ELECTRIC SUPPLY LIGHT FIXTURES
DEPARTMENT TOTAL = = = =>
FIRE SERIVCES
APAPVR PAGE:
AMOUNT
150.00
25,276.00
1,990.00
147.00
367.50
145.00
132.71
109.50
21.36
294.00
147.00
191.14
29.95
51.00
65.69
50.00
104.81
91.90
26.99
91.10
258.51
1,334.39
675.36
131.70
300.00
32,749.61
294.00
33.39
327.39
362.42
49.76
12.70
72.93
300.60
798.41
0
2/16/93 16:37:12
PO # VENDOR
CITY OF OWASSO
GENERAL FUND
A/P CLAIMS REPORT
DESCRIPTION
930068
WILLIAM F. O'MEARA, JR.
LEASE
930260
INDUSTRIAL UNIFORM COMPAN
UNIFORMS
931191
TUXALL UNIFORM & EQUIP
UNIFORMS
931192
TUXALL UNIFORM & EQUIP
UNIFORMS
931229
CHIEF FIRE & SAFETY INC
BUNKER GEAR
931376
OKLA. CARDIOVASCULAR INST
PHYSICAL
931569
LARSEN ELECTRONICS, INC.
SUPPLIES
931594
EVE INC.
SUPPLIES
931607
OFFICE DEPOT CARD PLAN
SUPPLIES
931652
VOLUNTEER
VOLUNTEER RUNS
931653
CELLULAR ONE -TULSA
1/93 USE
931654
UAL -MART
SUPPLIES
931656
MCCAW COMMUNICATIONS
PAGER RENTAL
931658
LENOX WRECKER SERVICE
TOWING
931660
KIMBALL ACE HARDWARE
SUPPLIES
931661
OWASSO AUTO SUPPLY
SUPPLIES
931673
CITY GARAGE
FUEL
DEPARTMENT TOTAL = = = =>
CIVIL DEFENSE
931640 CELLULAR ONE -TULSA
DEPARTMENT TOTAL = = = =>
STREETS
931437 KIMBALL ACE HARDWARE
931648 TREASURER PETTY CASH
931673 CITY GARAGE
931674 CITY GARAGE
DEPARTMENT TOTAL = = = =>
RECREATION CENTER
1/93 USE /STAMPER
SUPPLIES
REIMB PETTY CASH
FUEL
PARTS
930155 BILTMOR£ JANITORIAL CLEANING
930797 OKLA. RECREATION & PARK S ORPS CONFERENCE
930824 HOLIDAY INN ORPS CONFERENCE
931673 CITY GARAGE FUEL
931674 CITY GARAGE PARTS
APAPVR PAGE:
AMOUNT
347.34
293.18
559.25
372.35
623.00
255.00
94.47
134.89
64.74
297.00
80.50
110.03
21.95
50.00
23.57
18.08
357.76
3,703.11
18.40
18.40
90.94
1.39
296.01
271.35
659.69
550.00
200.00
88.00
14.21
27.31
DEPARTMENT TOTAL = = = => 879.52
6
CITY OF OWASSO
GENERAL FUND
2/11/93 15:48:44 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUNT
COMMUNITY CENTER
930000
UNITED ARTISTS CABLE
USE
25.53
931643
TULSA COUNTY HEALTH DEPT.
EDUCATIONAL PROGRAM
500.00
931647
OWASSO SENIOR CITIZENS FO
POSTAGE
42.11
931648
TREASURER PETTY CASH
REIMS PETTY CASH
17.72
931673
CITY GARAGE
FUEL
30.02
DEPARTMENT TOTAL =___> 615.38
PARK MAINTENANCE
931563
HUGHES LUMBER CO
MATERIAL
79.33
931648
TREASURER PETTY CASH
REIMB PETTY CASH
9.40
931673
CITY GARAGE
FUEL
76.04
931674
CITY GARAGE
PARTS
36.42
DEPARTMENT TOTAL =___> 201.19
ECONOMIC DEVELOPMENT
931639 CELLULAR ONE -TULSA 1/93 USE 30.11
DEPARTMENT TOTAL =___> 30.11
FUND TOTAL =___> 47,007.64
7
2/11/93 15:48:44
PO # VENDOR
COMMUNITY CENTER
CITY OF OWASSO
COMMUNITY CENTER
A/P CLAIMS REPORT
DESCRIPTION
931625 MCCLAIN BILLIARD SALES RECOVER POOL TABLE
931627 .JERRY HUNTER CONCRETE CONCRETE STEPS
DEPARTMENT TOTAL = = = =>
APAPVR PAGE:
AMOUNT
FUND TOTAL = = = => 680.00
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 02/06/93
DEPARTMENT
AMOUNT
Finance
47047.76
Munici2al Court
1,276.03
Building Maintenance 856.62
Central Dispatch
4,325.61
Fire
26,071.11
6
Recreation Center
2,656.42
Community- Senior Center
37
21021.37
Economic Develo ment
1,260.71
APPROVED: 02/16/93
Mayor
Council Member
Council Member
MEMORANDUM
HONORABLE MAYOR AND COUNCIL MEMBERS
CITY OF OWASSO
RODNEY J. RAY, CITY MANAGER
REQUEST FOR EXPENDITURE OF FUNDS FOR PURCHASE OF
RADIO RECEIVER TO REPAIR CIVIL DEFENSE WARNING
SIREN
FEBRUARY 16, 1993
The City of Owasso operates seventeen civil defense warning sirens. The majority of those
sirens (14) were acquired when the City of Tulsa installed a new system and offered area
cities sirens from their old system. These sirens are operated by radio signals originating
from the emergency dispatch office. These radio signals are transmitted to a "receiver"
located on the pole that holds the sirens. The receiver decodes the signal and then causes the
siren to operated and emit the type of warning sent to the receiver. In reality, the receiver is
the most critical piece of the sirens. The noise maker (horn) very seldom wears out and as
long as it will make the required sounds it will not need to be replaced.
The fourteen sirens acquired from Tulsa are over twenty-five years old and are experiencing
regular failure of their radio receivers. The failure is often in the form of false warnings
wherein the sirens "start-up" without a signal from the control radio. Evidently, as the
receivers become older, the probability of being activated by other radio signals becomes
greater.
Last year we upgraded five of these sirens after they failed to operate due to age and
lightening strikes. A review of our sirens then indicated that an upgrade of the remaining
nine was needed if a reliable service was to be offered to our citizens. The staff then
recommended a phased -in program to upgrade the system by replacing the old receivers with
new receivers that have additional capabilities ..and are the product of new technology. The
Council approved a FY 92 -93 budget that included funds for two new receivers plus
installation costs. However, damage from lightening to five sirens during the past summer
resulted in a portion of those funds being used for repair. After paying that cost, the budget
still contains $1,625 to be used on the civil defense cdpital needs.
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND
HONORABLE MAYOR AND COUNCIL MEMBERS
CITY OF OWASSO
RODNEY J. RAY, CITY MANAGER
REQUEST FOR EXPENDITURE OF FUNDS FOR PURCHASE OF
RADIO RECEIVER TO REPAIR CIVIL DEFENSE WARNING
SIREN
FEBRUARY 16, 1993
The City of Owasso operates seventeen civil defense warning sirens. The majority of those
sirens (14) were acquired when the City of Tulsa installed a new system and offered area
cities sirens from their old system. These sirens are operated by radio signals originating
from the emergency dispatch office. These radio signals are transmitted to a "receiver"
located on the pole that holds the sirens. The receiver decodes the signal and then causes the
siren to operated and emit the type of warning sent to the receiver. In reality, the receiver is
the most critical piece of the sirens. The noise maker (horn) very seldom wears out and as
long as it will make the required sounds it will not need to be replaced.
The fourteen sirens acquired from Tulsa are over twenty-five years old and are experiencing
regular failure of their radio receivers. The failure is often in the form of false warnings
wherein the sirens "start-up" without a signal from the control radio. Evidently, as the
receivers become older, the probability of being activated by other radio signals becomes
greater.
Last year we upgraded five of these sirens after they failed to operate due to age and
lightening strikes. A review of our sirens then indicated that an upgrade of the remaining
nine was needed if a reliable service was to be offered to our citizens. The staff then
recommended a phased -in program to upgrade the system by replacing the old receivers with
new receivers that have additional capabilities ..and are the product of new technology. The
Council approved a FY 92 -93 budget that included funds for two new receivers plus
installation costs. However, damage from lightening to five sirens during the past summer
resulted in a portion of those funds being used for repair. After paying that cost, the budget
still contains $1,625 to be used on the civil defense cdpital needs.
The next replacement priority, established by the civil defense and city staff members is the
siren located near the high school. The second and third priority items are sirens located in
the Barnes Elementary area and the Mills Elementary area. It is anticipated that these
replacements will occur in FY '93-'94.
The cost of one replacement receiver is $1,140 plus installation cost of $125 for a total
expenditure of $1,265. The staff has received a quote from Goddard Enterprises, the
company that was awarded last year's repair contract and whose previous experience with
our system makes them the logical choice for this purchase.
REQUEST
This request is for Council approval of the expenditure of funds in the amount of $1,625 for
the purchase and installation of one "SCH" type radio receiver /decoder in a warning siren
located near the Owasso high school.
RECOMMENDATION
The staff recommends Council approval of the expenditure of $1,265 to Goddard Enterprises
for the purchase and installation of a "SCH" type receiver /decoder for civil defense purposes.
ATTACHMENT
Price quote from Goddard Enterprises
ENCLOSURE
Warning siren location map
j k/council /0201693. srn
Page No. of
AUTHORIZED FEDERAL SIGNAL DIST.
Rt 6 Box 626A Guthrie, Oklahoma 731
405 -396 -2380
SPECIALIZING IN STORM & MUNICIPAL WARNING SYSTEMS
Mobile 631 -1311 Unit 5865
PROPO SUB ED TO
PHONE
DATE
STIR
JOB NAME
CITY, STATE AND ZIP CODE
JOB LOCATION
ARCHITECT
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
We f ropw3r hereby to furnish material and labor — complete in accordance with above specifications, for th
dollars ($
P ent to be made as follows: ,
Ail material is guaranteed to be as specified. All work to be completed in a workmanlike
Authorized
manner according to standard practices. Any alteration or deviation from above spec,fica.
involving Signature
tions extra costs will be executed only upon written orders, and will become an
extra charge over and above the estimate. All agreements contingent upon strikes. accidents r r
or delays beyond our control. Owner to carry fire. tornado and other necessary insurance. `lute: T proposal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdr n by If n.t accepted w,l. hln
The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
t to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: SHERRY BISHOP, CITY TREASURER
SUBJECT: CHECK SIGNING POLICY
DATE: February 12, 1993
BACKGROUND:
For years, we operated under procedures designed to comply with Title 11, Section 17-102(B)
of the state statutes which stated "a city or town may issue a negotiable instrument... and shall
be signed by the municipal clerk, treasurer and mayor" (Attachment B).
HB 1549, adopted in 1991 by the state legislature, was an effort to correct and clarify various
state laws affecting municipalities. Recognizing that computerized accounting systems have
outdated many of the procedures and controls detailed in state law, HB 1549 also provided
municipalities the option of passing local ordinances to control some financial processes.
Amended (effective 7-1-91) Title 11, Section 17-102(B) now reads, "the warrant, check, or other
instrument shall be prepared and issued in accordance with procedures and requirements
provided by municipal ordinance or in absence of such ordinance, by other applicable law. The
municipal warrant or municipal check shall be signed by the officer designated in the ordinance
or in the absence of such ordinance, by the municipal treasurer" (Attachment A). We have not
taken the option to write a local ordinance controlling payment procedures, and have continued
to operate under the previously repealed law. The new law requires only one signature (the
treasurer's) on municipal checks. However, we have continued to place three signatures on all
checks.
Check Issuing Procedures
In October 1991, the office of Clifton H. Scott, State Auditor and Inspector, issued guidelines
to be considered when implementing changes allowed under HB 1549. The suggestions for
Check Signing Policy Memo
Page 2
check issuing procedures are:
1. Computer generated single signature checks for invoices which have been through the
whole purchasing process may be acceptable if the controls are adequate.
2. It would be advisable on manual checks to require more than one manual signature.
3. Certification of facsimile signatures should be filed with Secretary of State, 62 §602.
The State Auditor's discussion of control procedures emphasizes two elements: proper
authorization of transactions and activities, and segregation of duties.
I reviewed our check issuing procedures for proper authorization and segregation of duties. The
computer system used in the finance department is designed with many "controls." The
computer will only print checks after the proper sequence of processes has been accomplished.
During those processes, the computer system automatically posts general ledger entries. In other
words, if checks are printed by the computer, they appear in the check register and in the
general ledger cash account. The steps for issuing vendor checks are:
1. Computer generated "claims report" is approved by City Council.
2. Computer generated "cash requirements" report matches total of "claims report."
3. Computer prints checks based on "cash requirements" report.
(Computer system posts checks issued to general ledger accounts.)
4. Manual total of printed checks matches "cash requirements.
5. Computer generated "check register" matches checks printed.
6. Checks are presented for signature.
7. Bank accounts are reconciled.
The employee who performs the bank reconciliation is key to the segregation of duties. That
employee is not involved in the check writing process and does not make entries to the general
ledger. The procedure for issuing payroll checks varies slightly but contains the same control
elements.
We never issue "manual" checks to vendors or for payroll. With that restriction, I do not
believe the State Auditor's suggestion for two signatures on manual checks is applicable. The
only "manual" checks we write are to ourselves (transfer to another bank account) and to the
State of Oklahoma. "Manual" checks issued monthly are:
1. Transfers to other City of Owasso bank accounts.
2. Transfer to OPWA trustee bank accounts for revenue bond debt service.
3. Payment to Oklahoma Department of Commerce for CDBG loan.
4. Payment to Oklahoma State Department of Health for Solid Waste Management Fee. '
5. Payment to Oklahoma Tax Commission for sales tax (grass bags and pool
admissions).
1
Check Signing Policy Memo
Page 3
OPTIONS:
The options available to us for check signing procedures are:
1. Approve a policy to require only the City Treasurer's signature on checks.
2. Continue the practice of placing the mayor's signature on all checks, even though not
required by law.
3. Pass an ordinance requiring more than one signature on checks.
After conferring with the City Manager and after reviewing the procedures and controls for
writing checks, it is my recommendation that our procedures be revised to comply with state law
requiring only the city treasurer's signature on checks. This change will streamline the
accounting process and make the finance department more efficient. "Turnaround" for payment
of vendor invoices can be quicker. More investment possibilities will be available.
I believe there is little danger of loss from unauthorized checks under our current procedures.
There will, however, be some changes and additional controls put in place. (Computer check
forms will be kept in a locked cabinet, for example.)
If the change to one signature is implemented, someone else should be authorized to sign checks
in the treasurer's absence. My recommendation is that an "acting treasurer" be appointed by
the City Manager. Besides the treasurer, there are five other full -time employees in the finance
department. Two are involved in the check issuing process (payroll and invoices) and one
performs the bank reconciliations. None of these three should be allowed to sign checks. The
other two employees are responsible for utility billing.
IRECOMMENDATION:
Staff recommends City Council approval of a policy whereby checks are signed by the city
treasurer or acting treasurer in accordance with state law.
ATTACHMENTS:
Attachment A - Title 11, Section 17- 102(B) effective 7 -1 -91.
Attachment B - Title 11, Section 17- 102(B) repealed.
1
Attachment A ARTICLE ZVII
MUNICIPAL FINANCES
PART 1. GENERAL PROVISIONS
SECTION 17 -102. PAYMENT OF CLAIMS - WARRANT AND
CHECK AS ONE INSTRUMENT - EMER-
GENCY PAYMENTS
A. Any invoice against a municipality must be
presented in writing and examined in the manner
provided by municipal ordinance or in absence of such
ordinance by other applicable law. The municipal
ordinance shall establish an internal control
structure adequate to provide reasonable assurance
against unauthorized or illegal payments of invoices.
Except as otherwise provided for in this subsection,
monies may be drawn from the municipal treasury only
upon a proper warrant as provided by law. In lieu of
issuing such warrant, a municipality may process
payment by check, wire transfer, direct payroll
deposit, or other instrument or method of disbursement
through the Federal Reserve System.
B. The warrant, check, or other instrument
shall be prepared and issued in accordance with
procedures and requirements provided by municipal
ordinance or in absence of such ordinance, by other
applicable law. The municipal warrant or municipal
check shall be signed by the officer designated in the
ordinance or in the absence of such ordinance, by the
municipal treasurer. The provisions of state law on
uniform facsimile signatures of public officials,
Sections 601 through 606 of Title 62 of the Oklahoma
Statutes, shall be applicable to instruments
authorized by this section.
C. Unless alternate procedures have been
enacted by municipal ordinance and a majority or all
of governing body offices in a municipality become
vacant, thereby preventing approval of amounts
lawfully owing on invoices, the interim mayor or the
remaining governing body members, as the case may be,
may authorize emergency payments of amounts owing on
invoices for a period not to exceed ninety (90) days
after the date that a majority of the offices become
vacant. The interim mayor or the remaining governing
body members may also authorize payment of payroll,
utility bills, or other usual and regular obligations
of the municipality. Any such authorization and pay-
ment shall not exceed the unencumbered and unexpended
balance of the appropriation made for that purpose,
nor may the total amount of such emergency
authorizations and payments exceed fifteen percent
(15%) of the total appropriations approved for the
town government for the fiscal year. Any warrant,
check or other instrument issued pursuant to this
section shall state that it is being issued under
emergency circumstances and by special authority of
this section.
D. A municipality shall have the authority to
establish petty cash accounts in amounts established
by the governing body for use in making payments for
costs incurred in operating the municipality. The
petty cash accounts shall be reimbursed by utilizing
properly itemized invoices or petty cash voucher slips
and processing the reimbursement in accordance with
the provisions of subsection A of this section.
(Amended, effective 7 -1 -91)
Attacbment B
11 § 17 - 101 CITIES AND TOWNS
MUNICIPAL BUDGET ACT
sec.
17 -20L Short Title
17 -202. Purpose of act-
17-203. Application of act
17 -204. Definitions
17 -206. Annual budget— Preparation and submilaion—Amist-
anee of officers, empkgees and departments.
17 -206. Requirements and contents of budget
17 -207. Monies received and expended must be axounted for by
fund or account
17 -208. Public hearing on proposed budget — Notice -- Copies of
proposed budget
17 -209. Adoption of budget — Fling— Effective period —Use of
appropriated f—d+— Levying tax.
17 -210. Protests — Failure to protest— Examination of filed
budget
17 -211. Expenditure of funds — Balances to be carried forward —
Unlawful acts and liability therefor.
17 -212 Funds — Establishment — Kinds.
17 -213. Funds-- Clavif -=tion of revenues and expenditures.
17 -214. Funds- 4)persting reserve
17 -215. Transfer of unexpended or unencumbered appropriation.
17 -216. Supplemental appropriations to funds— Amendment of
budget
§ 17 -101. Appropriation of monies
Any act of a municipal governing body which
provides for the borrowing of monies or for appro-
priating money shall not be valid unless a majority
of all the councilmembers or trustees vote in favor
of the action. The municipal governing body may
not appropriate or draw any order on the treasurer
for money unless the same has been appropriated in
the manner provided by law or ordered in pursuance
of some object provided by law.
Laws 1977, c. 256, § 17 -101, eff. July 1, 1978.
Source:
Dak.SL1887, § 1045.
SL1890, §§ 598, 688_
SL1893, §§ 572, 662
SL1903, §§ 381, 514.
Comp.Laws 1909, §§ 676, 85L
R.L.1910, §§ 577, 69L
Comp.SL1921, §§ 4M2,4773-
11 OS-197L §§ 647, 1015.
Municipal Corporations 4-890.
§ 17 -102. Payment of invoice or account
A. Any invoice against a municipality must be
presented in writing and examined in the manner
provided by law. No account or invoice may be paid
by the municipality unless it has been audited and
allowed by the governing body and an entry of the
account or invoice is made in the proper books kept
for that purpose. Monies may be drawn from the
municipal treasury only upon a proper warrant as
provided by law.
B. A city or town may issue a negotiable instru-
ment which will serve as both a warrant on the
municipal treasury and a check ordering payment of
the warranted amount of money from the municipal-
ity's account. This instrument shall be prepared and
issued in accordance with procedures and require-
ments provided by law for a municipal warrant and
a municipal check and shall be signed by the munici-
pal clerk, treasurer and mayor. Printing on the
instrument shall indicate that the instrumea
"warrant" of the municipality and a "check -, i
on the municipality's account. The provisk
state law on uniform facsimile signatures of
officials, Sections 601 through 606 of Title 62
Oklahoma Statutes, shall be applicable to,,
ments authorized by this section.
C. If a majority of governing body off,
town government become vacant, thereby
ing approval of amounts lawfully owing on
and purchase orders, the town clerk and the `
treasurer and mayor may authorize emergency
ments of amounts owing on invoices or p
orders for a period not to exceed sixty (60)
after the date that a majority of the offices
vacant. Any such authorization and payment
not exceed the unencumbered and unexpended
ance of the appropriation made for that purpose,
may the total amount of such emergency auth
tions and payments exceed fifteen percent (15%),:
the total appropriations approved for the towed
government for the fiscal year. Any warrant isauel
pursuant to this section shall state that it is being .
issued under emergency circumstances and by spe-'
cial authority of this section. t
Laws 1977, c. 256, § 17 -102; eff. July 1, 1978; Laws 1980, t
226, § 1, emerg. eff. May 27, 1980. "
Source:
Dak.SL1887, §§ 1046, 1047.
SL1890, §§ 625, 689, 690.
SLI893, §§ 599, 663, 664.
St 1903, §§ 409, 515, 516.
Comp.Laws 1909, §§ 703,85?, 853. its
&1 -1910, §§ 603, 692, 693. y
Comp.SL1921, §§ 4578, 4774, 4775.
11 O.S.1971, 5§ 674, 1016, 1017.
1£uricipal Corporations —1001 et Seq. r
§ 17 -103. Actions against municipality
No costs may be recovered against a municipalitj
in any action brought against it, for any unliquidatt
ed claim which has not been presented to the gam
erning body for auditing, nor for claims allowed k'
part unless the recovery shall be for a greater sum
than the amount allowed with the interest due. ji'ro
action may be maintained against a municipality.;oli
exercising or failing to exercise any corporate power
or authority where such action would not lie agaimt
a private individual under like circumstances.
Laws 1977, a 256, § 17 -103, eff. July 1, 1978.
Source:
SL1890, § 625.
SL1893, § 599.
SL1903. § 409.
Comp.Laws 1909, § 703.
R.L.1910, § 603.
Comp.SL1921, § 4578.
11 O.S.1971, § 674.
Municipal Corporations —1021.
§ 17 -104. Liability for voting unlawful
Any governing body member who intentiona
votes to appropriate money or to allow any bill
claim which is not authorized by law shall be person-
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: STEVE COMPTON
ASSISTANT CITY MANAGER FOR COXIMUNITY DEVELOPMENT
ISUBJECT: CONTRACT WITH INCOG FOR ADMINISTRATIVE SERVICES ON
INFRASTRUCTURE GRANT
DATE: February 9, 1993
IBACKGROUND:
The staff has recently brought to the Council several request for actions on the development of
the Owasso Municipal Facilities - Industrial Park project. This project is multi- faceted and
consists of four sub - projects: (1) Local Banks /OEDA /Max Buchanan cooperative effort for
building and parking lot construction, (2) Department of Commerce CDBG -EDF for
infrastructure design and construction grant, (3) Department of Transportation for industrial
access street grant, (4) Inter -Local Agreement With Tulsa County for street paving labor &
equipment. The final results of this project will be the opening of the City's South Main land
for future municipal and industrial uses.
At the February 2nd meeting, Council approved of the contract with the Department of
Commerce for the $151,203 infrastructure design and construction grant. A part of that contract
consists of $7,341 for Administrative Services. This activity consists of a variety of work task
that include the following;
* conducting public hearings,
* preparing and maintaining an environmental review record,
* processing request for payments and monthly reports during construction,
* preparing the Residential Antidisplacement And Relocation Assistance Plan,
* completing Citizen Participation /Equal Opportunity/Fair Housing tasks,
* assist the City in engineer selection and construction supervision, and
* complete project close -out.
The staff is proposing the City enter into a contract for these administrative services with
INCOG. Andy Armstrong of the INCOG staff will provide most of these services. He has
provided extensive assisted in the preparation of the City's application and has valuable
experience in conducting all necessary administrative services work activities. The contract
identifies that INCOG will be reimbursed on a monthly basis for services rendered and that the
total amount for their services shall not exceed the $7,341 amount allocated in the grant.
Attached, please find a copy of the proposed contract.
RECOMMENDATION:
The staff recommends approval of the contract providing for INCOG's administration of the
Max Buchanan CDBG - Economic Development Grant and payment for such services in the
amount of $7,341.
ATTACHMENT:
Contract For Administrative Services
CONTRACT FOR ADMINISTRATIVE
SERVICES
This agreement between the City of Owasso, hereafter referred to as CITY, and
INCOG, hereafter referred to as CONTRACTOR, for the consideration hereinafter
set forth, agree as follows:
This contract shall become effective the 1st day of December . 1992 and shall
be in effect through the 31st day of December, 1993. The contract period may be
extended by mutual agreement of both parties.
SCOPE OF SERVICES
The CONTRACTOR agrees to provide management assistance,
oversight and coordination as specified in Attachment "A ", Scope of
Services for the purpose of carrying out the Community
Development Block Grant project (CDBG).
COMPENSATION TERMS AND CONDITIONS
The CITY agrees a g to pay the CONTRACTOR as compensation for
administrative consulting services the total sum not to exceed Seven
Thousand Three Hundred Forty -one and No /100 Dollars
($7,341.00). The CONTRACTOR will be reimbursed on a monthly
basis and will charge the CITY on an hourly basis for all services
rendered.
GENERAL TERMS AN D C ONDITIONS
SUBCONTRACT NOTIFICATION PROVISION
None of the work and services covered by this contract may be
subcontracted without written consent of the CITY. In no event will
any subcontractor incur any obligation on the part of the CITY.
MODIFICATION
This contract is subject to modification as may be required by federal
or state law or regulations. The work and services to be performed
and the total contract amount may be modified only upon written
agreement of both parties.
INTERPRETATION, REMEDIES
a. In the event the parties fail to agree on interpretations of this
contract, the decision of the City shall prevail.
b. In the event of any disagreement between the
CONTRACTOR and the CITY relating to the technical
competence of the work and services being performed and
its conformity to the requirements of this contract, the
decision of the CITY shall prevail.
C. Neither forbearance nor payment by the CITY shall be
construed to constitute waiver of any remedies for any
default or breach by the CONTRACTOR that exists then or
occurs later.
SEVERABILITY CLAUSE
If any provision under this contract or its application to any person '
or circumstance is held invalid by any court of competent
jurisdiction, such invalidity does not affect any other provision of �!
this contract or its application that can be given effect without the
invalid provision or application.
HOLD HARMLESS CLAUSE
CONTRACTOR shall, within limitations placed on such entities by
state law, save harmless the CITY, its agents, officers, and employees
from all claims and actions, and all expenses defending same, that
are brought as a result of any injury or damage sustained by any
person or property in consequence of any act or omission by
CONTRACTOR. CONTRACTOR shall, within limitations placed on
such entities by state law, save harmless the CITY, its agents, officers
and employees from any claim or amount recovered as a result of
infringement of patent, trademark, copyright, or from any claim or
amounts arising or recovered under Workers' Compensation Law or
any other law. In an agreement with any subcontractor or any agent
for CONTRACTOR, CONTRACTOR will specify that such
subcontractors or agents shall hold harmless the State of Oklahoma,
its agents, officers, and employees, and the CITY, its agents, officers
and employees for all the herein before described expenses, claims,
actions, or amounts recovered.
PERSONNEL
a. The CONTRACTOR represents that he /she has, or will
secure at his /her own expense, all personnel required in
performing the services under this contract. Such personnel
shall not be employees of or have any contractual
relationship with the CITY.
b. The CONTRACTOR has full responsibility for payment of
workers' compensation insurance, unemployment insurance,
social security, state and federal income tax and any other
deductions required by law for its employees.
C. All of the services required hereunder will be performed by
the CONTRACTOR or under his /her supervision and all
personnel engaged in the work shall be fully qualified and
shall be authorized or permitted under state and local law to
perform such services.
TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the CONTRACTOR shall fail to fulfill in a
timely and proper manner his /her obligations under this contract, or
if the CONTRACTOR shall violate any of the covenants, agreements,
or stipulations of this contract, the CITY shall thereupon have the
right to terminate this contract by giving written notice to the
CONTRACTOR of such termination and specifying the effective date
thereof, at least 30 days before the effective date of such termination.
In such event, the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed
hereunder.
Not withstanding the above, the CONTRACTOR shall not be relieved
of any liability to the CITY for damages sustained by the CITY by
virtue of any breach of the contract by the CONTRACTOR, and the
CITY may withhold any payments to the CONTRACTOR until such
time as the exact amount of damages due the CITY from the
CONTRACTOR is determined.
TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract at any time by giving at least
30 days notice in writing to the CONTRACTOR. If the contract is
terminated by the CITY as provided herein, the CONTRACTOR will
be paid for the time provided and all allowable expenses incurred up
to the termination date.
CONFLICT OF INTEREST
No member of the governing body of the CITY, and no other officer,
employee, or agent of the CITY, who exercises any functions or
responsibilities in connection with the planning and carrying out of
the program, shall have any personal financial interest, direct or
indirect, in this agreement, and the CONTRACTOR shall take
appropriate steps to assure compliance.
INTEREST OF CONTRACTOR AND EMPLOYEES
The CONTRACTOR covenants that he /she presently has no interest
and shall not acquire interest, direct or indirect, in the project area or
any parcels therein or any other interest which would conflict in any
manner or degree with the performance of his /her services
hereunder. The CONTRACTOR further covenants that in the
performance of this agreement no person having any such interest
shall be employed.
REPORTS AND INFORMATION
The CONTRACTOR, at such times and in such forms as the CITY
may require, shall furnish the CITY such periodic reports as it may
request pertaining to the work or services undertaken pursuant to
the contract, costs and obligations incurred or to be incurred in
connection therewith and any other matters covered by this contract.
CONTRACTOR shall furnish the CITY narrative reports and
financial reports related to the elements of this contract in the forms
and at such times as may be required by the CITY or federal and
state grantor agencies.
COMPLIANCE WITH LOCAL LAWS
The CONTRACTOR shall comply with all applicable laws,
ordinances and codes of the state and local governments, and the
CONTRACTOR shall save the CITY harmless with respect to any
damages arising from any tort done in performing any of the work
embraced by this contract.
COPYRIGHT
No reports, maps, or other documents produced in whole or in part
under this contract shall be the subject of an application for
copyright by or on behalf of the CONTRACTOR.
RECORDS AND AUDITS
CONTRACTOR shall assist the CITY in retaining all books,
documents, papers, records, and other materials involving all
activities and transactions related to this contract for at least three (3)
years from the date of submission of the final expenditure report or
until all audit findings have been resolved, whichever is later.
CONTRACTOR shall, as often as deemed necessary by the CITY,
permit authorized representatives of the CITY and its Auditors, the
U.S. Department of Housing and Urban Development, the Federal or
State Department of Labor and the U.S. Comptroller General to have
full access to and the right to fully examine all such materials.
The CONTRACTOR shall comply with OMB circulars A -110 and
A -122 requirements, where applicable. The OMB circulars are
hereby made a part of this contract.
ANTI - KICKBACK REGULATIONS
The CONTRACTOR shall comply with all applicable anti - kickback
regulations covered under Department of Labor Regulation 29 CFR,
Part III.
EQUAL EMPLOYMENT OPPORTUNITY
The CONTRACTOR shall comply with the following equal
opportunity requirements as part of CDBG assurances:
a. Civil Rights Acts of 1964, Title VI
CONTRACTOR shall comply with Title VI of the Civil
Rights Act of 1964, which provides that no person in the
United States shall on the grounds of race, religion, color, or
national origin be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination
under any program or activity funded under the Act.
b. Housing and Community Development Act of 1974,
Section 109
CONTRACTOR shall comply with Section 109 of the
Housing and Community Development Act of 1974, which
provides that no person in the United States shall on the
grounds of race, color, religion, national origin, age or sex be
excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity
funded under the Act.
C. Housing and Urban Development Act of 1968, Section 3
CONTRACTOR shall comply with Section 3, which provides
that to the greatest extent feasible, training and employment
opportunities shall be made available to lower- income
residents of the unit of local government or metropolitan
area (or non - metropolitan City) in which the project is
located and that contracts be awarded to small businesses
located within or owned in substantial part by residents of
the same metropolitan area (or non - metropolitan City) as the
project.
d. Affirmative Action
CONTRACTOR shall take affirmative action steps to
contract with small and minority owned firms and women
business enterprises as a part of the requirements of 24 CFR
Part 85.36 or 24 CFR Part 570, Sub -part J. Affirmative Action
steps include, but are not limited to, the following:
1. Including qualified small, minority and women
business enterprises on solicitation lists.
2. Assuring that small, minority and women
business enterprises are solicited whenever
they are potential sources.
3. When economically feasible, dividing total
requirements into smaller tasks or quantities to
permit maximum small, minority and women
business enterprises participation.
4. Where the requirement permits, establishing
delivery schedules which will encourage
participation by small, minority and women
business enterprises.
5. Using the services and assistance of the Small
Business Administration, the office of Minority
Business Enterprise of the U.S. Department of
Commerce and the local minority business
development center that assists with
management and technical aspects and
maintains a directory of minority contractors,
suppliers and vendors.
6. If any subcontracts are to be let, requiring the
prime contractor to take the affirmative action
steps in 1 through 5 above.
AGE DISCRIMINATION ACT OF 1975
CONTRACTOR shall comply with the provisions of the Age
Discrimination Act of 1975, which prohibits discrimination on the
basis of age in the delivery of services and benefits supported by
federal funds.
AMERICANS WITH DISABILITIES ACT OF 1990
Contractor shall comply with the provisions of the Americans with
Disabilities Act of 1990 which prohibits discrimination on the basis
of disabled status in any publicly funded program and activity.
Contractor shall provide City with assistance in assuring compliance
therewith on the part of all persons or entities whose services are
utilized in connection with any publicly funded program or activity.
REHABILITATION ACT OF 1973, SECTION 504
CONTRACTOR shall
the Rehabilitation Act
basis of handicap in
financial assistance.
Executed by: City of Owasso
comply with
of 1973, which
any programs
Signature
Mayor
Date
AT'T'EST:
Signature
Type Name an We
(CITY SEAL)
provisions of Section 504 of
prohibits discrimination on the
or activities receiving federal
Executed by: INCOG
Signature
Chairman
Date
ATTEST:
Signature
ATTACHMENT A
SCOPE OF SERVICES FOR GENERAL ADMINISTRATION
INCOG staff will perform the tasks listed below, keeping the staff of
City Council appraised of program progress during all phases of the
project.
1. Conduct Public Hearings
Write and publish public hearing notices, organize presentation,
and assist at any public hearings necessary (as in the event of
program amendment).
2. Environmental Review Record
A. Prepare and publish all public notices.
B. Notify appropriate authorities of project such as Historic
Preservation, Health Department, EPA.
C. Prepare an Environmental Assessment of the project.
D. Recommend a determination of finding and level of impact to the
City Council.
E. Prepare and submit Request for Release of Funds and appropriate
supporting documentation.
3. Request for Payments and Monthly Reports
A. Coordinate and prepare Requests for Payments to order funds for
payment of CDBG expenses.
B. Prepare and submit to ODOC all quarterly narrative reports and
quarterly contractor activity reports. Assist the City in the
preparation and submission to ODOC of monthly expenditure
reports.
C. Prepare initial Management Plan and submit to ODOC.
In compliance with the Uniform Relocation Act a Residential
Antidisplacement and Relocation Assistance Plan will be prepared and
submitted for approval.
7. Citizen Participation/Equal Opportunity/Fair Housing
A. Develop and coordinate a continuing citizen participation/ equal
topportunity planning process.
B. Maintain records of public hearings and other opportunities for
citizens to participate in program performance and completion.
C. Respond to and resolve equal opportunity complaints.
D. Assist the City in im l ementing a Fair Housing Program.
4. Financial Management
A. Assist in the monitoring of funds on hand with ODOC.
B. Assist in the development and supervision of accounting
procedures and maintenance of supporting source documentation
including appropriate journals and ledgers.
C. Maintain additional financial records and property inventories, as
required.
D. Ensure that the City staff conforms to generally accepted
accounting principles in bookkeeping.
5. Project File
A. Establish and maintain project files which contain all source
documentation.
B. Demonstrate compliance with all applicable state, local and federal
regulations in files.
6. Residential Antidisplacement and Relocation Assistance Plan
In compliance with the Uniform Relocation Act a Residential
Antidisplacement and Relocation Assistance Plan will be prepared and
submitted for approval.
7. Citizen Participation/Equal Opportunity/Fair Housing
A. Develop and coordinate a continuing citizen participation/ equal
topportunity planning process.
B. Maintain records of public hearings and other opportunities for
citizens to participate in program performance and completion.
C. Respond to and resolve equal opportunity complaints.
D. Assist the City in im l ementing a Fair Housing Program.
8. Water, Sewer and Street Project Activities
A. Engineering Selection
1. Prepare Request for Proposal for engineering'
services to meet ODOC requirements.
2. Assist the City in soliciting proposals/ quotes
for engineering services.
3. Assist the City in evaluating proposals
received.
B. Labor Standards
1. Secure wage rates from state and include in bid
packet.
2. Assist the engineer in preparation of the
construction bid documents and bid process.
3. Prepare construction contracts.
4. Obtain contractor and subcontractor clearance
from state.
5. Assist in pre - construction conference.
6. Monitor contractor compliance with applicable
regulations, such as wage rates and equal
opportunity.
7. Secure construction contractor's weekly
payrolls and ensure compliance with wage
rates.
8. Conduct on -site interviews and verify results
with payrolls.
9. Assist engineer with partial payment requests
from contractor.
9. Project Close-out
A. Prepare and submit ODOC close-out documents.
B. Assist the City in the resolution of audit questions, if any.
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
CITY OF OWASSO
'FROM RODNEY J. RAY, CITY MANAGER
SUBJECT: REQUEST FOR COUNCIL APPROVAL OF AGREEMENT
BETWEEN CITY AND DISTRICT COURT PROVIDING FOR
LOCAL COURT JURISDICTION IN CERTAIN JUVENILE
MISDEMEANOR OFFENDERS
DATE: FEBRUARY 16, 1993
BACKGROUND
The 1991 legislative session passed House Bill No. 1761 that amended Title 10, O.S. Section
1102(E). The legislation allowed local municipal courts, if authorized by their City Council,
to enter into an agreement with the district court to assume jurisdiction of cases involving
children under eighteen (18) years of age who have been charged with violation of municipal
ordinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and
battery, truancy and public intoxication. Under the enabling legislation, the municipal court
may impose fines, community service requirements, restitution to victim(s) or any
combination as authorized by law. Additionally, the court may require the child to receive
counseling or other community-based services designed for prevention or early intervention
impact.
The legislation focused on two goals. One of those goals was to allow the local jurisdiction
an opportunity to get involved in juvenile cases early with local programs and local,
knowledgeable people. The, rationale being that local people will have a stronger
commitment to solving their own juvenile problems as well as a better knowledge of what
solutions best meet the offenders' needs. The second goal of the program is to reduce the
district's juvenile court case load so that it can focus on the more serious (felony) juvenile
offenders within a reasonable timeframe.
The agreement is attached for your review and requires Council approval and the Mayor's
signature as well as the signature of the Municipal Judge. This agreement is an opportunity
for the municipal court to deal with a misdemeanor juvenile offender quickly and in a
manner that will have a positive impact on the youth. It should be noted, however, that
there are costs that may be incurred. In approving this agreement, it should be understood
that the municipal court must provide each juvenile offender with those same statutory and
constitutional protection as does the district court. The right to counsel is one of those
statutory guarantees. In cases involving indigent persons (in this case juveniles) wherein the
accused cannot financially afford an attorney, the municipal court must appoint and attorney
and pay the costs of representation. While that situation is a possibility, the staff projections
JUVENILE COURT JURISDICTION
FEBRUARY 16, 1993
PAGE TWO
are that it will not occur. This agreement allows local jurisdiction only in misdemeanor
cases, wherein, court- appointed counsel generally would not be an issue. Last year, the
Owasso police filed 54 juvenile cases in District Court and no one requested public defense.
It should also be noted that any revenue derived from fines assessed to juvenile offenders is
required to be used for funding local programs which address problems of juvenile crime.
Those monies must be in special accounts and will not go to the general fund. Two of the
uses being considered for those funds is to employ a part-time Community Service
Coordinator with counseling experience, or the establishment of a teen court program. It is
not expected, however, that the program will actually produce substantial revenue and it may
well be that very little fine money is generated by this program.
COMMENT
1. This program is strongly supported by the municipal court. The Judge has been
involved in our staff discussions since the contract was received. Additionally, the
City Attorney and City Prosecutor have been a part of the evaluation team and both
are supportive of the program.
2. Because of the juvenile court's caseload, juveniles who violate minor misdemeanor
ordinances are often not dealt with until three or four months after the offense. Even
then, the sentence usually consists of probation. This kind of "slow" justice gives rise
to a feeling that the system can be beaten and often results in additional offenses
while the youth is awaiting adjudication of his /her first offense. Hopefully, the
agreement will allow city courts to act quickly and effectively in dealing with the
offender and therefore mandate that juveniles must be accountable for their actions.
3. Mr. Cates has rendered an opinion relating to the statutory guarantee of legal counsel.
That opinion is attached for your review.
RECOMMENDATION
The staff recommends Council approval of the attached contract between the Owasso
Municipal Court and the District Court providing for Municipal Court jurisdiction for certain
juvenile offenders as provided for by law and authorization for the Mayor to execute the
contract.
ATTACHMENT
1. Proposed contract between District Court and Municipal Court
2. City Attorney's Opinion
AGREEMENT FOR MUNICIPAL COURT
JURISDICTION CONCERNING JUVENILES
This agreement is made by and between the Oklahoma District Court
serving Tulsa County, otherwise known as Judicial District 14
(District Court) and the Municipal Court of the City of
(Municipal Court) , under authority of 10 Oklahoma
Statutes §1102 E under which municipal courts are authorized to assume
jurisdiction of certain specified juvenile misdemeanor offenders,
pursuant to agreements with the District Courts.
DURATION
This agreement term shall be in effect upon execution by both
parties, or following September 1, 1992, whichever shall last occur.
The agreement shall continue in effect through June 30, 1993.
Thereafter this Agreement may be renewed for successive one year
periods corresponding with the City's fiscal year of July 1st to June
30th. The Agreement shall terminate automatically on June 30th of
each year unless the District Court and the governing body of the City
renew the Agreement for another year. If either party desires to
terminate the Agreement, the terminating party shall notify the other
party in writing of its desire to terminate by May 1st of the fiscal
year preceding termination.
Either party may request a modification of the agreement by making a
written request identifying the desired amendments, or the subject
matter thereof, at least forty -five (45) days in advance of the
negotiations concerning such amendment.
OBLIGATIONS OF THE CITY:
1) The Municipal Court shall assume jurisdiction of offenders
who meet the following criteria:
a. Are under eighteen (18) years of age;
b. Are not presently under the supervision or treatment of
the Tulsa County District Court system and do not have
charges pending there;
C. Have been charged for violating municipal ordinances
relating to Trespassing, Public Intoxication, Vandalism,
Shoplifting, Assault, Battery, Assault and Battery,
Truancy, Curfew Violation, Possession of
Non - Intoxicating Beverages, or Possession of Alcoholic
Beverages;
d. Have not been certified as an adult for any purpose
pursuant to 10 Oklahoma Statutes §1112, to the best of
the City's knowledge.
2) Upon conviction or upon admission to a deferred sentence
program, punishment and conditions of probation imposed may
include any one or all of the following:
a. A fine not to exceed the statutory maximum of the
Municipal Court;
b. Community service work, not to exceed twenty hours, in
lieu of a fine if the product of multiplying the number
of hours of community service work by the prevailing
minimum wage does not result in a number which exceeds
the maximum fine authorized by law;
C. Restitution;
2
d. Counseling or other community -based services; and
e. Court costs.
3) All municipal arrests and prosecution records for cases
involving prosecutions under this contract shall be kept
confidential and shall not be open for public inspection
except by order of the District Court or in conformity with
the statutes or regulations adopted pursuant to 10
§620.6 and 10 O.S. §1125 - 1125.4.
4) If a municipal citation is written to a juvenile meeting the
criteria, the Municipal Court hearing date shall be
indicated on the citation and notification of the citation
shall be mailed to the parents, guardian, or responsible
adult relative of the juvenile. If the juvenile is arrested
and meets the criteria set forth under the contract, under
circumstances where the citation and release procedure would
not be appropriate (e.g. intoxication), the City shall make
or
reasonable efforts to locate the parent, guardian,
tresponsible
adult to take custody of the juvenile.
5) The Municipal Court shall provide to the District Court law
tenforcement
reports and related documents for all juveniles
referred to the District Court for prosecution and all
juveniles who will be prosecuted for misdemeanor criminal
offenses in the Municipal Court. Reports regarding
juveniles who will not be prosecuted in either court shall
not be forwarded to the District Court. It is expressly
understood that prosecution in Municipal Court will
constitute a bar of double jeopardy against any subsequent
prosecution in District Court for the same offense.
6) All fines and administrative fees generated as a result of
prosecution of juveniles under this contract shall be placed
in one or more special accounts, and used solely to fund
local programs which address problems of juvenile crime,
including without limitation offender coun --Pl;nrr oa, -1A?
intervention, community service and teen court programs.
7) The City shall provide the District Court a copy of the most
recent audit report of its Municipal Court operations for
each year during the life of this contract or any extension
thereof. It is understood, however, that this Agreement '
does not impose any additional recordkeeping requirements on
municipal governments or officials. '
8) Representatives of the District Court and Municipal Court
shall meet periodically to share information and evaluate
the success of procedures implemented to prosecute and treat
juvenile offenders.
STATUS OF VARIOUS EMPLOYEES
No joint employment is created by this agreement for any purpose
and each party will be solely responsible for the payment of their
respective expenses, including, but not limited to, wages, salaries,
and consideration paid on subcontracts.
In the event parties need to discuss specific problems, or in the
event any notice required under this contract needs to be served, the
City may be contacted through the Office of the
The District Court may be contacted through the Office of the Chief
Juvenile Judge at 315 South Gilcrease Museum Road, Tulsa, Oklahoma,
74127, (918) 596 -5971.
Dated this day of 1992.
Chief Juvenile Judge
Juvenile Division of the District Court
14th Judicial District
Approved as to form and content:
District Attorney's Office
Approved by City Council of the City of
ATTEST:
City Clerk (seal)
Approved as to form and content:
City Attorney's Office
Mayor
Municipal Judge
RONALD D. CATES
Attomey at Law
Suite 680, ParkCentre
525 South Main
Tulsa. Oklahoma 74103
918 -582 -7447
FAX 918 -582 -0166
February 5, 1993
Mr. Rodney J. Ray
City Manager
City of Owasso
207 South Cedar
Owasso, Oklahoma 74055
In Re: City Attorney Opinion 93 -2; Agreement for Municipal
Court Jurisdiction Concerning Juveniles
Dear Mr. Ray: '
I am corresponding with you for purposes of addressing the
issue that we have discussed frequently of late concerning whether
or not the City of Owasso, Oklahoma, would be required to appoint
counsel for a child found to be without sufficient financial means
to retain counsel when such child has been charged in the Municipal
Court under authority of the Agreement for Municipal Court
Jurisdiction Concerning Juveniles now before the City Council for
consideration.
I must at the outset advise you that there is a divergence of
opinion on the part of citys' attorneys around the state on this
point. Such differing views are essentially attributable to
disagreement over whether the Sixth and Fourteenth Amendments of
the United States Constitution, compel provision of counsel to a
child without sufficient financial means to obtain counsel. It is
opined that such Constitutional provisions do not mandate provision
of counsel for an indigent child unless the child faces the
possibility of incarceration or the proceeding itself could result
in a termination of the parent /child relationship. Neither of such
actions can result in a municipal court prosecution pursuant to the
jurisdiction assumed under the Agreement for Municipal Court '
Jurisdiction Concerning Juveniles.
However, I am of the opinion that the foregoing does not end '
the inquiry concerning the existence of a right to counsel which
may have as it's genesis something other than Constitutional
mandate. Unfortunately, as is evident from the foregoing, there
exists no opinion dealing with this issue from the Supreme Court '
of the State of Oklahoma or the Court of Criminal Appeals of the
State of Oklahoma. Accordingly, resolution of this issue requires
consideration of pertinent statutory provisions contained within
the Oklahoma Juvenile Code, 10 Q.S. Section 1101 et seq.
Initially, it should be observed that the proposed Agreement
For Municipal Court Jurisdiction Concerning Juveniles arises by
Mr. Rodney J. Ray
February 5, 1993
Page 2
virtue of enabling legislation now codifed in 10 O.S. Section
1102(e). Such section provides in part as follows, to -wit:
A Municipal Court, if authorized by the governing body
of the municipality, may enter into an agreement with the
District Court to assume jurisdiction of cases involving
children under eighteen (18) years of age charged with
violating municipal oridinances relating to vandalism,
shoplifting, trespassing, assault, battery, assault and
battery, truancy, curfews, possession of non - intoxicating
beverages as defined in Section 161.2 of Title 37 of the
Oklahoma Statutes, possession of alcoholic beverages as
defined in Section 506 of Title 37 of the Oklahoma
Statutes, and public intoxication. A child under
eighteen (18) years of age may be charged and prosecuted
for violating such municipal ordinance provided that the
maximum fine which may be imposed shall not exceed the
maximum fine authorized by law. ...
Such statutory provision, as well as the remaining portions of the
enabling legislation codified in this section, provides no express
guidance on the procedures or protections to be afforded in the
Municipal Courts exercise of this jurisdiction. In the absence of
such express legislative direction, the municipality is essentially
left to speculate on what was the legislative intent on such point.
In that regard, I am of the opinion that the silence on the part
of the Leglislature suggests an intent, even if unexpressed, that
the procedure to be employed in the Municipal Court when exercising
jurisdiction over the juveniles in the delineated offenses, is the
procedure and protections heretofore required of the District Court
in it's exercise of such jurisdiction. Support for this position
may be found in recognition that essentially the enabling
legislation, as well as the agreement provided for therein, results
in the delegation to the municipality of jurisdiction possessed by
the District Court. It is important to note in this regard that
the District Court is not divested of jurisdiction in the juvenile
offenses but merely authorized by the enabling legislation to, by
agreement, delegate same. Reason would suggest that the statutory
procedure and protections now required of the District Court would
likewise be required of the Municipal Court as a delegate to whom
has been delegated or commissioned to act on behalf of the District
Court in these categories of juvenile offenses.
With the foregoing in mind, reference to statutory provisions
Mr. Rodney J. Ray
February 5, 1993
Page 3
of the Juvenile Code of the State of Oklahoma, 10 O.S. Section 1101
et seq, in particular Section 1109 thereof, provides the following,
to -wit:
A. No information gained by questioning a child nor any
evidence subsequently obtained as a result of such
information shall be admissible into evidence against the
child unless the questioning about any alleged offense
by any law enforcement officer or investigative agency,
or employee of the court, or the Department is done in
the presence of parents, guardian, attorney, or legal
custodian of the child. No such questioning shall
commence until the child and his parents, or guardian,
or other legal custodian have been fully advised of the
constitutional and legal rights of the child, including
the right to be represented by counsel at every stage of
the proceedings, and the right to have counsel appointed
by the court if the parties are without sufficient
financial means; provided, however, that no legal aid
or other public or charitable legal service shall make
claim for compensation as contemplated herein. It is
further provided that where private counsel is appointed
in such cases, the court shall set reasonable
compensation and order the payment out of the court fund.
B. ...If the child is not otherwise represented by
counsel, whenever a petition is filed pursuant to the
provision of Section 1103 of the title, the court shall
appoint a separate attorney, who shall not be a district
attorney, for the child regardless of any attempted
waiver by the parent or other legal custodian of the
child of the right of the child to be represented by
counsel.
Reference to Section 1103 of Title 10 of the Oklahoma Statutes in
particular Section 1103(b), provides the following, to -wit:
B. A petition in a juvenile proceeding may be filed by
the district attorney or the person who is authorized to
make a preliminary inquiry to determine if further action
is necessary. The proceeding shall be entitled "In the
matter of A. an alleged (delinquent)
(deprived), child or (a child alleged to be in need of
supervision) or (a child alleged to be in need of
Mr. Rodney J. Ray
February 5, 1993
Page 4
treatment) ".
The petition shall be verified and may be upon
t information and belief. It shall set forth (1) with
particularity facts which bring the child within the
purview of C:ianter 51 of this title; ( 2 ) the name, age
and residence of the child; (3) the names and residences
of his parents; (4) the name and residence of his legal
guardian, if there be one; (5) the name and residence of
the person or persons having custody or control of the
child; (6) the name and residence of the nearest known
relative; (7) the relief requested; and (8) the specific
federal law, state law or municipal ordinance under which
the child is charged, and an endoresment or witnesses
intended to be called by the petitioner, where the child
is sought to be adjudged a delinquent child under Chapter
51 of this title.
As may be gleaned from the foregoing, were a child to be dealt with
by the District Court in a juvenile proceeding for violation of a
federal, state or municipal law, such would result in application.
of the requirements of 10 O.S. Section 1109(b). Therefore, reason
suggests that a proceeding in the Municipal Court pursuant to the
Agreement For Municipal Court Jurisdiction Concerning Juveniles for
the delineated offenses is in essence one and the same and would
allow no less. Accordingly, if one accepts the foregoing as a
sound comparison, then one must assume that the statutory dictates
above set forth would compel provision of counsel.
Based upon the foregoing analysis, I am of the opinion that
the municipality must provide counsel for a child charged in the
municipal court pursuant to this assumption of jurisdiction if the
child is not otherwise represented by counsel and it is found that
said child is without sufficient financial means by which to obtain
counsel. Although provision of counsel to a child without
sufficient financial means to obtain counsel may not, under
existing United States Supreme Court pronouncements, be mandated
by the Sixth and Fourteenth Amendments to the United States
Constitution, I nevertheless am of the opinion that it is under the
statutes of the State of Oklahoma. Accordingly, it is my
recommendation to the City of Owasso, Oklahoma, that if the City
is desirous of entering into the agreement for Municipal Court
Jurisdiction Concerning Juveniles, then a procedure should be
designed to assure provision of counsel to a child charged in the
Mr. Rodney J. Ray
February 5, 1993
Page 5
Municipal Court, pursuant to the assumed jurisdiction when such
child is found without sufficient financial means to obtain private
counsel.
I hope the
foregoing meets
with yo r n ds at this time.
Should you have
any questions or
comment co erning same, please
do not hesitate
to contact me.
Sincerely,
Ronald D. Cates
City Attorney
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
CITY OF OWASSO
FROM: RODNEY J. RAY, CITY MANAGER
SUBJECT: REQUEST FOR PURCHASE OF VAN FOR TRANSPORTING DOC
EMPLOYEES
DATE: FEBRUARY 16, 1993
BACKGROUND
In January of 1991, the City began a program whereby inmates from the Oklahoma
Department of Corrections are employed to supplement the City's labor force. The program
was authorized by Council via a contract that requires the City to pay the DOC twelve
dollars per month per inmate and to provide transportation to and from the department's
community correction facility located in Tulsa. The City also voluntarily provides four
dollars per day to each inmate for meals. The total budgeted cost of this program for 1992-
93 is $12,500.
The City averages twelve DOC employees per month and has a full-time work force of 101.
Those figures indicate that the DOC program provides approximately 10 -12 percent of the
city's total work force. Based on a five dollar per hour salary, the DOC program provides
the City with $122,400 worth of labor per year for a cost of less than fifteen thousand
dollars. It should be noted that the $122,400 is not money saved; we would not employ
twelve additional persons should the program be eliminated. That value, however, does
represent additional production time and manpower that was previously unavailable, and it
also provides a resource for the accomplishment of unskilled tasks that, in turn, allows our
more highly skilled employees to spend their time in more productive endeavors.
Since the program's inception, transportation for the DOC workers has been accomplished
with the use of a 1976 ambulance that was converted for that purpose. The ambulance had
been retired in 1986 and had not been used until the DOC program started in 1991. Over
the past two years, Owasso's mechanics have managed to keep the vehicle on the road
through constant maintenance and expense. Now it appears that the engine in the vehicle is
close to a complete breakdown of the "lower unit". The repair cost is significant and, in the
opinion of the city's mechanic, the vehicle is not worth the cost of a major overhaul of the
engine. During the past two years we have spent $3,161.58 on this vehicle. That expense
represents the cost of replacement parts and does not include labor or expendables (oil filter,
fuel, etc.). The safety of the vehicle is also increasingly difficult to maintain.
For several months the City's staff has looked for affordable solutions to replacing the
ambulance with a more efficient vehicle that is in better condition. Until recently, the staff
has been unable to locate a suitable replacement. However, last week two vehicles were
found that could meet the basic needs for this service.
Vehicle #1 - 1973 Chevrolet van with a 350 cubic inch gasoline engine. This passenger van
has been converted into a school bus with an enlarged head space and retrofitted seats. The
van has nine seats and was designed to transport eighteen children. The engine is in good
condition and appears to have no significant mechanical problems (although the carburetor
must be overhauled). The automatic transmission and the rear end are also in good condition 1
and do not show signs of excessive wear. The odometer indicates there are 83,000 miles on
the vehicle. The body, however, has several rust holes along the side panels. While there
are an adequate number of seats, the seat size would prevent two adults from being seated '
comfortably. The cost of this vehicle is $1,500. The City's mechanics estimate an initial
cost of $650 to repair and ready the vehicle for road use (shocks, brakes, lights, paint).
Vehicle #2 - A 1981 International mini school bus with a 345 cubic inch gasoline engine. '
This bus easily seats 25 and was recently retired from school service with 21,765 miles on
the odometer. The engine is in excellent condition and will require no work to put it into
service. The transmission and the rear are in excellent condition. Apparently, the
transmission was recently rebuilt.
The seats are in good condition, as is the interior. The body has no rust and will require no
repair. The mechanics estimate a total cost of $50.00 to complete the necessary work and to
get the vehicle on the road. The owner of this vehicle has quoted a price of $2,000 to the
staff for this purchase.
The city's mechanics have driven both vehicles and have submitted the attached memos for
your review.
COMMENTS
1. The International bus owned by S and S bus sales is, by far, the better vehicle and is
in substantially better condition than the 1973 van. In appearance, mechanical
condition, interior repair and overall condition the 1981 vehicle is superior. Initial
cost to get the bus on the road is only $50 and it should provide us with excellent
transportation for several years at an affordable capital cost.
2. Either of these vehicles will be more cost effective to operate than the 1976
ambulance.
3. This item is not contained in the FY 1992 -93 budget and if a purchase is approved,
the staff will request a supplemental appropriation or transfer of funds to cover the
expenditure. Such request would be made at the next meeting of the City Council.
RECOMMENDATION
The staff recommends Council approval of the expenditure of $2,000 to S & S Bus Sales for
the purchase of one 1981 International passenger bus to be used for the transport of DOC
employees and that payment of such amount be authorized.
ATTACHMENTS
1. Memorandum from Mr. Griffin (re: 1976 converted ambulance)
2. Memorandum from Mr. Griffin (re: 1981 International bus)
3. Memorandum from Mr. Griffin (re: 1973 Chevrolet van)
4. Quotes from potential vendors
DATE: February 09, 1993
The old ambulance is just about completely worn out. This venicle
has done its job for about two years. The transmission is burned
up, the engine rod bearings are practically gone, the tie rod ends
are just about gone, the front end is worn out, the a- frames are
worn. We rebuilt one a -frame that `!aa come loose on a run about
two months age. We were lucky we aot back to the shoo. A rear
spring broke today 02/09/93). The ,ehicle has a lot of metal
fatigue.
MEMORANDUM
TO: City Manager Rodney J. Ray
FROM: Ralph Griffin
OPWA Superintendent
SUBJECT: 1981 School Bus
DATE: Peoruary 09, 1993
The 1981 school bus we looked at today, 02/09/93, is exactly what
we need. it seats about 20 to 25 people. Seats are in good shape
and are plenty big enough for two grown people to sit in
comfortably.
The engine sounds real good; the exhaust system is in good shape,
the body in excellent shape. All we would have to do to start
running the bus today would be to paint out "school." The bus runs
down the road very good.
To start bus on daily runs would cost maybe $50.00. I highly
recommend buying this bus.
MEMORANDUM
TO: City Manager Rodney J. Ray
FROM: Ralph Griffin
OPWA Superintentfent
SUBJECT: 1972 School Bus
DATE:
The 1972 school bus that we have looked at seemed to be just what
we are looking for to transport DOC employees back and forth to
Tulsa. It has seating for 16 and the driver. The driver would
have better control because he could see all of them.
Prices to get the bus in very good shape would include brakes on
all four wheels, four shocks, overhaul the carouretor, paint and
body work: $1,500.00 for the bus, $250.0 0 for repairs, $400.00 to
$600.00 for paint and body work. The seats are a little small.
OUAN. PART NO. DESCRIPTION PRICE
TOTAL PARTS
SUBLET REPAIRS
TOTAL SUBLET REPAIRS
Phone
918- 437 -3434
Repair Order or sheet
S . d S BUS SALES, INC.
15901 E. ADMIRAL PLACE
Tulsa, Oklahoma 74116
Toll Free
800 -727 -7287
NAME
DATE
-9-93
ADDRESS
CONTACT
PHONE
Y R
CHASSIS MAKE
BODY MODEL
LICENSE
ODOMETER
CHASSIS SERIAL NO
BODY NUMBER
GUS NO I STOCK NO
PASSENGER SIZE
SUGGESTED REPAIRS
JOB DESCRIPTION
MECH. HOURS PAINT LABOR
TOTALS
NOTES /FUTURE REPAIR
TOTAL LABOR
TOTAL PARTS
TOTAL SUBLET
MISC.
TOTAL
STREET ADDRESS: PHONE #
CITY: STATE: ZIP:
YEAR: 23
BODY TYPE: COLOR: M n TRIM: r
MVI SERIAL #: G Q- y 3.53 1.0 / 731 2 3 DOMETER: A
LAST PLATE #: STATE: J-ia:8 YEAR: EXP. DATE:
LIC. DECAL: EXP. DATE: INS. DECAL: EXP. DATE:
TOTAL CASH PRICE:
DESCRIPTION OF TRADE IN:
DOCUMENTARY FEE: 89.00
YEAR: r" MAKE: MODEL:
TOTAL CASH PRICE:
ODOMETER: VIN:
TRADE IN ALLOWANCE:
TITLE #: E #:
LESS BALANCE OWED:
YEAR: E:
NET TRADE ALLOWANCE:
BALANCE ON TRADE IN OWED TO:
CASH TO BE PAID AT DELIVERY::
UNPAID CASH BAL. DUE ON DEL.:
PAYMENT TERMS: SEMIMONTHLY OR WEEKLY DECH UNTIL PAID IN FULL.
TO:
FROM:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
RODNEY J. RAY
SUBJECT: ACQUISITION OF PROPERTY FOR FIRE STATION
IDATE: FEBRUARY 11, 1993
BACKGROUND:
Two weeks ago in the City Manager's Report the Council was updated on the status of the City's
effort in acquiring excess right -of -way from the Oklahoma Department of Transportation for the
site of a new central fire station. As stated in that report, we had been promised the property
by DOT officials and had received confirmation that such was being released to us. However,
a last minute challenge by Mr. Hayward Smith effectively killed our chances of getting the
property. Mr. Smith's challenge was based on the manner in which the property was taken by
the state (easement was taken, rather than "fee simple deed ").
At the time the status report was written, it was the staff opinion that the challenge by Mr. Smith
was valid and he would ultimately prevail. Mr. Cates concurs with that opinion based on his
discussion with the DOT's legal counsel. There has been no reason to change that opinion since
the report was issued. It continues to be the staff and attorney position that Mr. Smith will
im eventually be awarded the property in question.
In order to avoid a loss of the property and be forced to relocate the station, or engage in a legal
fight, the staff initiated a meeting with Mr. Smith and his representatives. During that meeting
we reached agreement on a solution to the impasse. The agreement calls for the City to get title
to the property originally planned for the station site. (see attached map) The property
immediately to the north of that area would revert to Mr. Smith as well as an additional 1.5
acres of excess right -of -way further to the north and originally unrelated to this matter.
Additionally, the City would pay Mr. Smith a sum not below $4,700 or above $5,200 in
consideration of the property and expenses.
After review of this matter by staff, attorneys, and DOT representatives it is the consensus
opinion that the best method of transferring this property is for the DOT to release all of the
property to Mr. Smith as per the 1954 easement condemnation. Upon that action, Mr. Smith
ACQUISITION OF PROPERTY FOR FIRE STATION
FEBRUARY 11, 1993
PAGE TWO
would deed to the City the tract (approximately 2 acres) for the fire station in consideration of '
a lump sum payment to him ($4,700 - $5,200 depending upon actual expenses) at that time. By
accomplishing the transfer in this matter future "clouds" on our tract can be avoided. The City
will have a "free and clear title" to the property.
In order to move ahead with this acquisition the staff must be in a position to:
1. inform Mr. Smith's representatives that the Council approves the concept;
2. initiate contracts between the DOT, City of Owasso, and Hayward and Betty Smith
necessary to get the issue back to the Council for final approval; and
3. be comfortable that the Council understands the approach being taken on this purchase.
REQUEST:
This request is for Council action to approve the concept of acquiring the property through the
purchase of the tract from Mr. Hayward Smith at a price not to exceed $5,200; and to authorize
the staff to initiate the necessary negotiations and documents to finalize the agreement for
Council approval.
RECOMMENDATION:
The staff recommends Council approval of the property acquisition concept as outlined above
and that the City Manager and City Attorney be authorized to initiate all necessary documents
and discussions for the acquisition of a tract of land from Mr. Hayward Smith for submission
to the Council for final approval, and that an offer of not more than $5,200 for such property I
be authorized.
ATTACIINIENTS: I
1. Area map showing property under consideration
2. Excerpt from City Manager's Report Dated 2-2-93
Morton Marina
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: MII{E AUGUSTINE, OPWA DIRECTOR
SUBJECT: WINDSOR LAKE H - FINAL PLAT
IDATE: February 10, 1993
IBACKGROUND:
The final plat of Windsor Lake H Addition is generally located south and east of the Southeast
corner of 96th Street and 129th East Avenue. The tract is abutted on the north by Windsor Lake
and Pleasant View Estates additions zoned RS -2 and RE, on the east and south by vacant land
zoned RS -2 and on the west by vacant land and church property zoned RS -2 and AG.
The proposed final plat area is zoned RS -2 (Residential Single - Family Medium Density) which
has a required lot width of 75 feet and a lot area of 9,000 square feet. The proposed final plat
has lot areas of 12,500 square feet and greater and the average lot width is 95 feet.
The Technical Advisory Committee reviewed the proposed final plat at their October 7, 1992
meeting and recommended minor modifications to the plat and covenants.
The water and sanitary sewer construction plans have been approved by the Oklahoma State
Department of Health and the approval letter and plans have been returned to the city.
The Planning Commission approved the final plat at their October 15, 1992 subject to the platted
area being released by Rogers Rural Water District No. 3 to allow the city to supply water
service.
RECOMMENDATION:
The final plat and covenants meets the requirements of the City of Owasso and staff recommends
approval of the final plat of Windsor Lake 11 addition.
ATTACHMENT:
Final Plat Windsor Lake II