HomeMy WebLinkAbout1993.04.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: April 20, 1993
TIl~IE: 7:00 p.m.
PLACE: Council Chambers, Owasso Community Center
Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin
board at 4:00 p. m. on Friday, April 16, 1993.
Marcia Boutwell, City Clerk
AGENDA
1. Call to Order
2. Presentation of Essay, "What America Means to Me'°, Winner of Owasso Sertoma Club's
National Heritage Month Essay Contest.
Mr Jimmy Barrows, Student at Owasso Middle School
3. Flag Salute
The Colors and Salute will be presented by Brownie Troop #184.
4. Roll Call
5. Request Approval of the Minutes of April 6, 1993 Regular Meeting.
Attachment #5
Owasso City Council
April 20, 1993
Page 2
6. Request Approval of Claims. ~
Attachment #6
7. Consideration and Appropriate Action Relating to a Request for Budget Amendments to
the FY 1992-93 Annual Operating Budget.
Ms Bishop
Attachment #7 „^,
Staff will recommend that the Council approve the following amendments to the
Operating Budget: increase General Fund revenue by $41,662 in the "reimbursements
and refund" line item; decrease appropriations in the Court Department by $4,100;
increase appropriations in the Police Department by $25,500; increase appropriations to
the General Government Department by $14,262; increase appropriations to the
Swimming Pool Department by $6,000; decrease appropriations to the Street Department
b $18 100- increase a ro riations to the Gary a De artment b $18 100• and increase ~
Y PP P g P Y >
transfer from General Fund to Garage Fund by $18,100.
8. Consideration and Appropriate Action Relating to a Management Agreement Between the
City of Owasso and the YMCA of Greater Tulsa, Inc.
Mr Compton
Attachment #8
Staff will recommend Council approval of a management agreement providing for `wr
management of the municipal pool; and that the Mayor be authorized to execute such ~
agreement.
Owasso City Council
April 20, 1993
Page 3
9. Consideration and Appropriate Action Relating to a Request for the Expenditure of Funds
for the Repair of the Municipal Pool.
Mr Compton
Mr Knebel
Attachment #9
Staff will recommend Council approval of an expenditure in the amount of $4100 to
Atlas Utility Co, Tulsa, Oklahoma; $875 to United Industries, Inc, Wichita, Kansas; and
~ $456.60 to Arkola Sand & Gravel, Fort Smith, Arkansas; for the purpose of effecting
repairs to the municipal pool in accordance with a "scope of services" as quoted.
' 10. Consideration and Appropriate Action Relating to the Renewal of an Audit Contract
Between the City of Owasso and Stanfield & O'Dell, Inc.
Ms Bishop
'~ Attachment #10
Staff will recommend Council approval of a one-year contract in the amount of $13,000
with the firm of Stanfield & O'Dell for the purpose of providing an independent
~ combined audit for FY 92-93.
11. Consideration and Appropriate Action Relating to the Adoption of a 1993-9~4 Ca ital
P
Improvements Plan.
' Mr Compton
Attachment #11
Staff will recommend Council adoption of the CIP Committee Report as the 1993-94
Capital Improvement Plan and that the staff be directed to include the committee
recommendations in the 1993-94 annual budget.
Owasso City Council
April 20, 1993
Page 4
12. Consideration and Appropriate Action Relating to a Contract for Purchase of Real
Property Between the City of Owasso and Betty and Hayward Smith, and Authorization
of Payment by the City of Owasso Pursuant to Agreements Between the City of Owasso,
Department of Transportation, and Betty and Hayward Smith.
Mr Ray
Mr Cates
Attachment #12
Staff will recommend Council approval of the purchase contract and that the City
Manager and City Attorney be authorized to execute the documents and close the
purchase, and that payment in the amount of $5200 be authorized to Betty and Hayward
Smith.
17. Adjournment
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, April 6, 1993
The Owasso City Council met in regular session on Tuesday, April 6, 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, April 2, 1993.
ITEM 1: CALL TO ORDER
Mayor Marlar called the meeting to order at 7:03 p. m.
ITEM 2: FLAG SALUTE
The flag salute was led by Mayor Marlar.
ITEM 3: ROLL CALL
PRESENT ABSENT
Patricia Marlar, Mayor Jason Gittelman, Vice Mayor
John Phillips, Councilmember
Bob Randolph, Councilmember
Jim Smalley, Councilmember
STAFF
Rodney J Ray, City Manager
Ronald D Cates, City Attorney
Marcia Boutwell, City Clerk
A quorum was declared present.
ITEM 4: RE ZUEST APPROVAL OF THE MINUTES OF MARCH 16. 1993 REGULAR
MEETING AND MARCH 23. 1993 SPECIAL MEETING
John Phillips moved, seconded by Bob Randolph, to approve the minutes, by reference made
a part hereto.
AYE: Phillips, Randolph, Smalley, Marlar
NAY: None
Motion carried 4-0.
Owasso City Council
ITEM 5: REQUEST APPROVAL OF THE CLAIMS
April 6, 1993
Jim Smalley moved, seconded by John Phillips, to approve the following claims and addendum
as submitted: (1) General Fund $47,523.63, and $274,786.66 Interfund Transfers (Sales Tax
Transfer was estimated and is not to exceed $260,000); (2) Workers' Compensation Self-
Insurance Plan $2,845.22, (3) Ambulance Service Fund $611.32, and $11,344.64 Interfund
Transfers, (4) E-911 $1,761.88, and $833.34 Interfund Transfers; (5) Community Center
$21.95; (6) 4626 CDBG-EDF90 $100.00; (7) City Garage $14,658.14, (8) General Fund Payroll
$85,845.90, (8) City Garage Payroll $3,394.56.
AYE: Smalley, Phillips, Randolph, Marlar
NAY: None
Motion carried 4-0.
ITEM 6: MAYOR'S PROCLAMATION OF MAZZIO'S PIZZA AS THE OEDA
SPOTLIGHT BUSINESS FOR THE SECOND QUARTER 1993.
Mayor Marlar read a proclamation proclaiming Mazzio's Pizza as the OEDA Spotlight Business
for the Second Quarter 1993. She invited representatives from Mazzio's to join her as she read
the proclamation.
ITEM 7: PRESENTATION OF THE FINAL REPORT AND RECOMMENDATIONS OF
THE OWASSO CAPITAL IMPROVEMENT COMMITTEE FOR FISCAL
YEAR 1993-94.
Steve Compton gave background information and a brief overview of the FY93-94
comprehensive capital planning report. Staff requested Council action on the report at the April
20 meeting.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
EMPLOYMENT OF ENGINEERING SERVICES FOR THE
DESIGN/SPECIFICATIONS OF INFRASTRUCTURE IMPROVEMENTS
REQUIRED BY THE RELOCATION OF THE MAX BUCHANAN COMPANY
AND FUNDED BY THE STATE CDBG-ED GRANT.
Mr Compton presented this item. In February public notice was given by newspaper and
mailing that the City would be accepting proposal from engineering firms or engineers for the
purpose of obtaining professional engineering services to design, prepare bid documents, and
administer construction of roadway and utility improvements in the area of the Max Buchanan
industrial building. Ten proposals were received. Steve Compton, Rohn Munn, and Andy
2
1 Owasso City Council
I
II
April 6, 1993
Armstrong reviewed the proposals and ranked them according to a stated set of criteria. The
five top firms were identified and interviewed. Based on all the criteria and interviews, staff
recommended awazding a contract in the amount of $10,200 to Sack & Associates, Inc of Tulsa.
Bob Randolph moved to awazd a contract in the amount of $10,200 to Sack & Associates, Inc
of Tulsa for the purpose of designing water, wastewater, and street improvements, preparing bid
documents, construction administration, and issuing final reports. Motion was seconded by John
Phillips.
AYE: Randolph, Phillips, Smalley, Mazlaz
NAY: None
Motion carried 4-0.
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR THE PURCHASE OF A UTILITY VEHICLE FOR THE
OWASSO FIRE DEPARTMENT.
Chief Allen stated that there is currently a need to upgrade the Fire Department administrative
vehicles, which consist of a 1989 Chevrolet, a 1982 Ford, and a 1980 Chrysler. The
Department would like to purchase a new Suburban from the State Bid List and remove the 1980
Chrysler from the Fire Department administrative fleet. Although this item has not been
budgeted, utilization of excess funds from the 100 series of the budget will allow the purchase.
John Phillips moved to authorize the purchase of one 1993 Chevrolet Suburban four door vehicle
from Carter Chevrolet Agency, Okarche, OK in the amount of $18,899, utilizing the State
contract bidding process (contract #0070-09-OS-100). Motion was seconded by Bob Randolph.
AYE: Phillips, Randolph, Smalley, Mazlaz
NAY: None
Motion carried 4-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR RENEWAL OF THE AREA-WIDE E-911 INTERLOCAL
AGREEMENT PROVIDING FOR THE CONTINUED PARTICIPATION OF
THE CITY OF OWASSO IN THE REGIONAL 911 SYSTEM
According to Acting Chief Laflin, on January 17, 1989 the City of Owasso executed an
Interlocal Governmental Agreement for the purpose of joining 26 other governmental entities to
initiate an enhanced emergency phone system (E-911). The interlocal agreement provides that
all communities and counties involved will jointly fund the system by collecting a surcharge on
-..
3
i~
Owasso City Council April 6, 1993
local telephone bills in the amount of 3 % of the base phone bill to maintain the system. This
Agreement must be renewed annually prior to May 1. Bob Randolph moved, seconded by John
Phillips, to approve the Notice of Renewal of Interlocal Agreement and authorize the execution
of the document.
AYE: Randolph, Phillips, Smalley, Marlar
NAY: None
Motion carried 4-0.
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
MOWING CONTRACTS FOR RIGHTS-OF-WAY AND CITY PARKS.
Mike Augustine presented this item, stating that for the past three years the City of Owasso has
utilized private sector contracts to provide mowing services during the summer growing months.
This mowing program continues to be cost effective and productive. A review of the project ,~,
this spring indicated that the Highway 169 right-of--way should be deleted and that the Lakeridge
Drainage Easement should be added. Notice was given according to law on nine areas to be
mowed, with 17 bidders responding. Each area was bid separately. Bids were opened on
March 29. Staff reviewed the bids and made the recommendation contained in the agenda
packet. Bob Randolph moved to award the following mowing contracts, which will encompass °*'
18 mowings of the parks and six mowings of the easements:
1. Rayola Park - Mr Jim Hobbs at $165 per mowing;
2. Elm Creek Park - Mr Arley Owens at $198 per mowing;
3. Ator Heights Park - Mr Larry Buchanan at $90 per mowing;
4. 86th St Park - Mr Wayne Carver at $52.50 per mowing;
5. Ator Utility Easement - Mr Arley Owens at $39 per mowing;
6. El Rio Vista Medians - Mr Wayne Carver at $30 per mowing;
7. El Rio Vista Drainage Easement -Tierra Vista at $120 per mowing;
8. Lakeridge Drainage Easement - Mr Earl Beard at $195 per mowing;
9. Three Lakes (Elm Creek) Drainage Easement - Mr Jim Hobbs at $225 per mowing.
Motion was seconded by John Phillips.
AYE: Randolph, Phillips, Smalley, Marlar
NAY: None
Motion carried 4-0.
< ~
' Owasso City Council
April 6, 1993
' ITEM 14: ~ZUEST BY COUNCILMEMBER-ELECT TO ADDRESS THE COUNCIL.
Councilman-elect Bums had submitted a written request to be allowed to address the Council.
Mr Bums appeared before the Council and rescinded the request, asking that the item be placed
on the agenda at the first Council meeting in May.
ITEM 15: REPORT FROM CITY MANAGER
City Planner Tim Rooney will be working with INCOG on any CDBG grants.
ITEM 16: REPORT FROM CITY ATTORNEY
No report.
ITEM 17: UNFII~TISHED BUSINESS
None.
ITEM 18: NEW BUSINESS
None.
ITEM 12: CONSIDERATION AN
REQUEST FOR AN 1
DISCUSSING PENDIN(
HAMILTON TRUCKINi
OF HAMMCO. INC AG.
SESSION PROVIDED F~
D APPROPRIATE ACTION RELATING TO A
:XECUTIVE SESSION FOR THE PURPOSE OF
s LITIGATION RELATING TO THE MATTER OF
3 V. CITY OF OWASSO AND A CROSS PETITION
AINST THE CITY OF OWASSO. SUCH EXECUTIVE
~R BY TITLE 25 O.S.. SECTION 306. SUBSECTION
Bob Randolph moved to enter into executive session for the above-stated purpose. Motion
seconded by John Phillips.
AYE: Randolph, Phillips, Smalley, Marlar
NAY: None
Motion carried 4-0. The meeting was recessed at 7:40 p. m. for an executive session and
reconvened at 8:05 p. m.
5
i~
Owasso City Council
April 6, 1993
ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A LEGAL
ACTION AGAINST THE CITY OF OWASSO FILED BY HAMMCO. INC
AND HAMILTON TRUCKING CO. INC.
This item concerns damages to Hammco, Inc equipment resulting from an incident that occurred
August 9, 1991 in which Hammco equipment was damaged. A claim was turned over to the
City's insurance carrier, but that claim was denied. Hammco has filed legal action against the
City requesting payment for the damages. Jim Smalley moved to authorize the City Attorney
to resolve this action through a settlement with Hammco, Inc in the amount of $14,261.71, and
to authorize the payment of such amount. Motion seconded by John Phillips.
AYE: Smalley, Phillips, Randolph, Marlar
NAY: None
Motion carried 4-0.
ITEM 19: ADJOURNMENT
Bob Randolph moved, seconded by John Phillips to adjourn.
AYE: Randolph, Phillips, Smalley, Marlar
NAY: None
Motion carried 4-0 and the meeting was adjourned at 8:06 p.m.
Patricia K Marlar, Mayor
Marcia Boutwell, City Clerk
6
CITY OF OWAS50
WORKERS' COMP SELF-INS PLAN
4/15/93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE:
PO ~ VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- ------------
GENERAL GOVERNMENT
------------------------
930012 SELF INS. SERVICE BUREAU SERVICE FEE 2,500.00
930600 DARRELL EVANS T.T.D.lEVANS 626.72
931892 ST FRANCIS HOSPITAL CLAIM/RINKEL 289.75
931976 CENTRAL STATES ORTHOPEDIC SERVICES PROVIDED 309.00
931978 RADIOLOGY CONSULTANTS OF SERVICES PROVIDED 59.50
932016 MULTI CARE HEALTH CENTER CLAIM/PROCTOR 35.00
932162 WORKER'S COMPENSATION COU ANNUAL FEE 500.00
DEPARTMENT TOTAL =___> 4,319.97
1
FUND TOTAL =___> 4,319.97
CITY OF OWASSO
AMBULANCE SERVICE FUND
4/15/93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE:
PO ~ VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- -------------
AMBULANCE
--------------------------
932070 PACE PRODUCTS OF TULSA IN SUPPLIES 20.00
932076 OFFICE DEPOT CARD PLAN SUPPLIES 325.68
932118 TREASURER PETTY CASH REIMS PETTY CASH 17.00
DEPARTMENT TOTAL =___> 362.68
2
FUND TOTAL =___> 362.68
CITY OF OWASSO
E - 911
4/15/93 15:13:37 A/P CLAIMS REPORT
PO # VENDOR DESCRIPTION
---------- ------------------------- -----------------
CENTRAL DISPATCH
------------------------------
930919 SOUTHWESTERN BELL TELE. E-911
DEPARTMENT TOTAL =___>
FUND TOTAL =___>
APAPVR PAGE:
AMOUNT
--- -------------
1,742.44
1,742.44
1,742.44
3
CITY OF OWASSO
GENERAL FUND
4/15/93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE: 4
PO t# VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- -------------
MANAGERIAL
------------------------------
931925 MCCAW COMMUNICATIONS
931973 LINCOLN PLAZA HOTEL
932091 OWASSO REPORTER
932115 CITY GARAGE
932116 CITY GARAGE
932118 TREASURER PETTY CASH
4/93 PAGER RENTAL
LODGING
SUBSCRIPTION
PARTS
FUEL
REIMB PETTY CASH
21.95
118.00
27.75
12.85
67.50
154.14
DEPARTMENT TOTAL =___>
FINANCE
------------------------------
931506 HAMILL CO. RECEIPT BOOKS
931938 TREASURER PETTY CASH SEMINAR
931941 OKLA PUBLIC PERSONNEL ASS SEMINAR
932118 TREASURER PETTY CASH REIMB PETTY CASH
932150 GOV. FINANCE OFFICERS ASS GAAFR SUBSCRIPTION
DEPARTMENT TOTAL =___>
COMMUNITY DEVELOPMENT
------------------------------
930049 TULSA COUNTY MIS
931721 TRIANGLE CO
931925 MCCAW COMMUNICATIONS
932115 CITY GARAGE
932116 CITY GARAGE
932118 TREASURER PETTY CASH
DIALUP SVC
SUPPLIES
4/93 PAGER RENTAL
PARTS
FUEL
REIMB PETTY CASH
402.19
272.16
88.77
85.00
50.28
50.00
546.21
40.00
83.24
43.90
14.30
242.18
13.16
DEPARTMENT TOTAL =___>
MUNICIPAL COURT
------------------------------
932041 SUBURBAN OF=ICE SUPPLY SUPPLIES
932143 US POSTMASTER POSTAGE
DEPARTMENT TOTAL =___>
436.78
116.52
58.00
174.52
ENGINEERIrJG
------------------------------
^
CITY OF OWA550
GENERAL FUND
4;15;93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE:
PO w VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- ------------
930353 ROHM MUrJN ENGINEERING SERVICES 1,611.98
932054 CELLULAR ONE-TULSA 3/93 USE 10.00
93090 SHERYL DUGGAN REIMBURSEMENT 46.16
932115 CITY GARAGE PARTS 7.26
93116 CITY GARAGE FUEL 44.55
DEPARTMENT TOTAL =___> 1,719.95
GENERAL GOVERNMENT
------------------------------
930023 RONALD D CATES RETAINER 2,477.50
930026 WESTERN BUSINESS PRODUCTS COPIER MAINT 280.00
930027 OKLAHOMA BUSINESS NEWS LEGIS REPORTER 85.00
930293 ST FRANCIS HOSPITAL-EAP QUARTERLY FEES 191.08
931903 MULTI CARE HEALTH CENTER PRE EMPL DRUG SCREEN 60.00
931925 MCCAW COMMUNICATIONS 4/93 PAGER RENTAL 21.95
932017 WESTERN BUSINESS PRODUCTS SUPPLIES 180.00
932067 REASORS PRICE RITE SUPPLIES 49.71
9320$9 RETHERFORD PUBLICATIONS LEGAL NOTICES 93.65
932093 WAL-MART SUPPLIES 38.79
932094 HOGAN ASSESSMENT SYSTEMS SERVICES 110.00
932095 DR PAUL K SHIELDS SERVICES 970.00
932097 CELLULAR ONE-TULSA 3/93 USE 34.90
932099 RETHERFORD PUBLICATIONS ADVERTISEMENT 16.25
932115 CITY GARAGE PARTS 1,135.72
932116 CITY GARAGE FUEL 153.30
932126 TREASURER PETTY CASH DOC MEALS 457.29
932149 J.P. HOGAN INSURANCE SURETY BOND/L MELCHIOR 450.00
DEPARTMENT TOTAL =___> 6,805.14
MAINTENANCE
-----------
-------------------
932105 KIMBALL ACE HARDWARE SUPPLIES 44.76
93`106 MILL CREEK LUMBER & SUPPL SUPPLIES/TOOLS 92.97
°3115 CITY GARAGE FARTS 5.10
`32116 CITY GARAGE FUEL 30.15
9J211B TREASURER PETTY CASH REIMB PETTY CASH 8.49
DEPARTMENT TOTAL =___> 181.47
'=L^^ETE~ Y
S
932115 CITY GARAGE PARTS 105.77
CITY OF OWASSO
GENERAL FUND
4/15/93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- -------------
932116 CITY GARAGE FUEL 8.88
DEPARTMENT TOTAL =___> 114.65
POLICE SERVICES
-----------------------
930072 IDENTI-KIT CO, INC IDENTI KIT LEASE 34.00
930074 HOWARD STAMPER RADIO RETAINER 150.00
931995 TP,AVEL PETTY CASH TRAINING 52.24
932002 D.A.R.E. AMERICA DARE SUPPLIES 983.89
932111 REASORS PRICE RITE SUPPLIES 39.57
932113 MCCAW COMMUNICATIONS PAGER RENTAL 131.70
932114 MCDONALDS OF OWASSO PRISONER MEALS 82.14
932115 CITY GARAGE PARTS 1,277.77
932116 CITY GARAGE FUEL 1,473.38
DEPARTMENT TOTAL =___> 4,224.69
ANIMAL CONTROL
------------------------------
932110 OIJASSO VET HOSPITAL SERVICES 64.00
932115 CITY GARAGE PARTS 129.68
932116 CITY GARAGE FUEL 90.38
932121 6ARRETT SIGNS ALUMINUM SIGNS 60.00
DEPARTMENT TOTAL =___> 344.06
FIRE SERIICES
------------------------------
930953 ST. JOHN'S MEDICAL CENTER CPR RE-CERTIFICATION 25.00
931764 WAL-MART SUPPLIES 70.94
932010 OWASSO TIRE BARN TIRES 472.50
932022 THE BOARDMAN COMPANY PARTS 177.31
932068 STANDARD AUTO SUPPLY PARTS 39.69
932069 MCCAW COMMUNICATIONS RENTAL 21.95
932073 VOLUNTEER VOLUNTEER RUNS 445.50
932116 CITY GARAGE FUEL 418.11
DEPAPTMENT TOTAL =___> 1,671.CC
6
STREETS
------------------------------
A.r
CITY OF OWASSO
GENERAL FUND
4/15/93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE:
PO #
---------- VENDOR
------------------------- DESCRIPTION
-------------------- AMOUNT
----- -------------
931774 APAC-OKLAHOMA, INC. ASPHALT 325.46
931799 IJSUABLE STEEL YARD STEEL 16.00
932046 RAINBOW CONCRETE CO CONCRETE 454.00
932083 APAC-OKLAHOMA, INC. ASPHALT 196.08
932115 CITY GARAGE PARTS 350.70
9.32116 CITY GARAGE FUEL 473.08
932118 TREASURER PETTY CASH REIMB PETTY CASH 10.86
DEPARTMENT TOTAL =___> 1,826.18
RECREATION CENTER
-------
930155 -------------------
BILTMORE JANITORIAL
CLEANING
450.00
932050 MEMORY SYSTEMS SUPPLIES 59.85
932051 KIMBALL ACE HARDWARE SUPPLIES 69.96
932053 GRAINGER,W W INC SUPPLIES 32.15
932116 CITY GARAGE FUEL 56.40
DEPARTMENT TOTAL =___> 668.36
COMMUNITY CENTER
------------------------------
932116 CITY GARAGE FUEL 25.65
DEPARTMENT TOTAL =___> 25.65
PARK MAINTENANCE
932115 CITY GARAGE PARTS 10.51
932116 CITY GARAGE FUEL 103.28
932118 TREASURER PETTY CASH REIMS PETTY CASH 45.20
DEPARTMENT TOTAL =___; 158.99
ECONOMIC DEVELOPMENT
------------------------------
932118 TREASURER PETTY CASH REIMB PETTY CASH 12.50
DEPARTMENT TOTAL =___> 12.50
7
FUND TOTAL =___> 19,312.34
CITY OF OWASSO
CITY GARAGE
4/15/93 15:13:37 A/P CLAIMS REPORT APAPVR PAGE:
PO #
---------- VENDOR
------------------------- DESCRIPTION
-------------------- AMOUNT
----- -------------
CITY GARAGE
------------------------------
931776 OK TRUCK SUPPLY PARTS 86.56
931799 USUABLE STEEL YARD STEEL 68.74
932037 PENNANT PETROLEUM CO. GREASE/OIL 72.60
932043 HUMPHREY CONNECTORS, INC. PARTS 45.81
932044 MIAMI TIRE SERVICE, INC PARTS 206.66
932045 FRONTIER INTERNATIONAL TR PUMP 221.49
932081 STAN'S WESTSIDE AUTO ELEC SUPPLIES 199.90
932085 TULSA BRAKE AND CLUTCH PARTS 244.24
932102 WELSCO INC OXYGEN/ACETYLENE 103.34
932116 CITY GARAGE FUEL 28.63
DEPARTMENT TOTAL =___> 1,277.97
10
1
FUND TOTAL =___> 1,277.97
4/15/93 15:13:37
PO ~
FIRE SERVICES
CITY OF OWASSO
CAPITAL IMPROVEMENTS
A/P CLAIMS REPORT
VENDOR DESCRIPTION
--------------------------
931969 IMEL & GRABER DESIGNING SERVICES
DEPARTMENT TOTAL =___>
FUND TOTAL =___>
GRAND TOTAL =___>
APAPVR PAGE:
AMOUNT
14,000.00
14,000.00
14,000.00
72,630.39
11
City of Owasso
InterFund Transfers
4/15/93 Page 12
------------------------------------------------------------------
Treasurer's Note: Actual amount of treasurer's transfer from
the Council meeting of April 6, 1993 was
$225,578.49 (transfered from General Fund to
Sales Tax Fund and approved in an amount "not
to exceed $260,000.)
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 04/03/93
DEPARTMENT AMOUNT ~
Finance 4,057.53
:.;:......
Municipal Court 1,153.42
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Economic Development 1,975.52
APPROVED: 04/20/93
Mayor
Council Member
Council Member
CITY GARAGE
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 04/03/93
DEPARTMENT AMOUNT
Garage $3,394.56
l~ UND T0`I":
AL
3 x5~>;
APPROVED: 04/20/93
Mayor
Council Member
Council Member
^
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~ox~vnuM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RAY
SUBJECT: REQUEST FOR FY 1992-93 GENERAL FUND
BUDGET AMENDMENTS
DATE: APRIL 16, 1993
BACKGROUND
As previous reports have noted, there are several areas of the budget that have had
unexpected revenues and expenditures. In order to address these areas, eight amendments to
revenue estimates or supplemental appropriations are needed prior to the end of the fiscal
year. Listed below are those specific areas, the amount of the requested amendment and a
brief explanation of each specific situation. Please note that the requested amendments will
not have a net effect on the "bottom line" of the budget. The budget, as previously
approved and subsequently amended, had projected an $80,000 deficit for FY 1992-93
operations. Even after the requested amendments (detailed below), the current projections
indicate that we will have approximately a $20,000 General Fund surplus at the year end.
This represents a $100,000 difference in the original, bottom line projections.
The following requests are offered for your consideration:
1. INCREASE GENERAL FUND REVENUE PROJECTIONS $ 41.662 .
This increase is based on funds that have already been collected (in excess of the
original revenue estimates) and is established at this level in order to accomplish the
supplementals that follow and include reimbursements from workers compensation
court and refunds from various sources.
2. DECREASE APPROPRIATIONS TO
MUNICIPAL COURT DEPARTMENT $ 4.100 .
This decrease is due to a savings realized by the retirement of the former Court Clerk
and the resulting separation of duties between the court and police department. At the
time of that separation of duties, the Council approved a transfer of money from court
to the police department in order to fund separate clerical activities. The amount
transferred to the police department was not sufficient to cover all of the associated
costs. This requested amendment will address that concern.
3. INCREASE APPROPRIATIONS TO POLICE DEPARTMENT $ 25.500 .
This increase is requested to cover unexpected and unbudgeted costs relating to:
A) infectious disease control plan implementation, B) cover salary of one employee
that was not budgeted due to staff misunderstanding of workers compensation
reimbursement (one employee on extended workers compensation was left unbudgeted
because staff was of the opinion the employee would be paid directly from the
workers compensation court, however, the specific law pertaining to police officers
requires the city to pay the salary and then be reimbursed by the court) and
C) unbudgeted cost for selection of the new police chief and expense of partial salary.
(Note: reduction in salary level of former chief will not fully cover two and one-half
months of salary of new police chief).
4. INCREASE APPROPRIATIONS TO GENERAL GOVERNMENT DEPARTMENT
BY 14 262.
This increase is requested to cover the cost of lawsuit settlement in the case of
HAMMCO, INC. v. City of Owasso which was resolved at the last council meeting
5. INCREASE APPROPRIATION TO SWIMMING POOL DEPARTMENT $ 6.000 .
This increase is requested to cover unexpected costs associated with the repair and
replacement of valves, filter, pipes and other health department mandated facility
specifications discovered in anoff-season evaluation of the facility.
6. DECREASE STREET DEPARTMENT APPROPRIATION $ 18.100 .
This decrease is requested due to budgeting for an employee in the street department
but actually utilizing that employee in the garage department. The staff position is
that the actual expenditures should be reflected via budgeted appropriations.
7. INCREASE GENERAL FUND TRANSFER TO GARAGE FUND $ 18.100 .
This increase is requested in the transfer to the garage fund to provide money to
increase the appropriation to the garage department in order to accurately reflect the
expenditures of the department (see item #6 above).
8. INCREASE APPROPRIATION TO GARAGE DEPARTMENT $ 18.100.
This increase is requested to appropriate the funds requested for transfer in item 7
(above), if approved.
Total Revenue Increases & Transfer Increases .................... $59,762.00
Total Request for Expenditure Increases ........................ $59,762.00
Net Effect on Budget Bottom Line ................................. -0-
Note: These adjustments are not inclusive. As reported previously, there will be additional
requests at a later date relating to appropriations for legal costs and some minor last
minute adjustments at the end of the fiscal year as the actual numbers are finalized.
REC
The staff recommends Council approval of the following FY 92-93 budget amendments:
Increase General Fund revenue by $ 41,662 in the "reimbursements and refund" line item;
decrease appropriations in the Court Department by $ 4,100 ;increase appropriations in the
Police Department by $ 25.500: increase appropriations to the General Government
Department by $14,262 ;increase appropriation to the Swimming Pool Department by
$ 6.000: decrease appropriation to the Street Department by $ 18.100: increase
appropriations to Garage Department by $ 18.100: and increase transfer from General Fund
to Garage Fund by $18.100.
Attachment: Spreadsheet
j k/counciU041693. bud
r
r
CITY OF OWASSO
Budget Amendments - FY 1992-93
April 16, 1993
General Garage
Fund Fund
Increase in Revenues
& Transfers In
Other revenue $41,662 $0
Transfer 0 18,100
Net Revenue Increase 41,662 18,100
Increase (Decrease) in
Expenditures & Transfers Out
Municipal court (4,100)
Police services 25,500
General government 14,262
Swimming pool 6,000
Street (18,100)
Garage 18,100
Transfer 18,100
Net Expenditure Increase 41,662 18,100
Net Increase of Revenues
over Expenditures
$0
$0
~ ~oxarmuM
TO: THE HONORABLE MAYOR AND CITY COUNCII.
CITY OF OWASSO
t FROM: STEVE COMPTON
ASSISTANT CITY MANAGER
SUBJECT: CONTRACT WITH YMCA FOR MANAGEMENT OF MUNICIPAL POOL
' DATE: April 15, 1993
1 BACKGROUND•
The staff discussions with representatives of the YMCA regarding privatization of the pool
operations have been completed. A management agreement has been prepared by Mr. Cates for
final action by both the YMCA Board and the Owasso City Council (see attached Management
Contract). The scope-of-service identified for each party is a follows:
YMCA -Provide management services for the complete operation of the pool including
accounting, hiring and terminating personnel, scheduling existing and new programs, and
routine daily maintenance and cleaning of the facility.
City of Owasso -Provide for supplies, maintenance of equipment and structure, and
mutually agreed upon capital outlay expenditures. Additionally, the City is to ensure the
facility's equipment meets health department standards for certification.
It is anticipated that given their expertise in this type of recreation management and with the
addition of other pool related programs, the YMCA's presence will enhance the swimming
opportunities available to Owasso citizens. As compensation for their services, the YMCA will
receive the net cash receipts derived from the operation of the pool facility and expanded
program schedule.
The City will continue to budget annually for the operating and maintenance supplies and for
capital outlay expenditures to maintain the building and equipment. The cost to the City will
be the same regardless of the privatization of the management operations. This year the cost
is estimated to be $9,300. In staff's opinion there will be no impact on the financial position
of the City; however, this agreement will have a positive impact on the programs provided to
our citizens in terms of better service and efficient program management.
RECOMMENDATION:
The staff recommends approval of the Management Contract with the YMCA and request that
the Mayor be authorized to execute the contract.
MANAGEMENT CONTRACT
Agreement made this day of April, 1993, between the City
of Owasso, Oklahoma, of 207 South Cedar, City of Owasso, County of
Tulsa, State of Oklahoma, herein referred to as Owner, and The
Young Men's Christian Association of Greater Tulsa, a non profit '
corporation organized under the laws of the State of Oklahoma,
having its principal office at 515 South Denver, City of Tulsa,
County of Tulsa, State of Oklahoma, herein referred to as Manager.
RECITALS
1. Owner owns the Rayola Park situated at Mingo Valley '
Expressway, City of Owasso, County of Tulsa, State of Oklahoma,
herein referred to as Park, together with all facilities,
furniture, fixtures, machinery, appliances, operating equipment,
books, records, and other personal property used in the operation
of a Swimming Pool.
2. Owner desires the benefit of the experience and the
services of Manager upon the terms set forth in this agreement, and
Manager is willing to accept such employment on the terms set forth
in this agreement. ~
For the reasons set forth above and in consideration of the
promises of the parties herein, the parties agree as follows:
SECTION ONE ~
TERMS OF AGREEMENT
The term of this agreement shall extend from the day of
April, 1993, to the day of ,
SECTION TWO
TERMINATION OF AC~kEENIEN'r
This agreement may be r_anceled at any time by either party
with or without cause upon thirty (30) days written notice to the
other.
SECTION THREE !
ACCEPTANCE OF EMPLOYMENT
O~~~ner employs M~~nager to operate the swimming pool facility
and other recreatic~nat programs as set forth on Exhibit "A" hereto,
and render the services herein stated, and Manager acr_epts such ~
employment and shall discharge Such duties a]_1 in accordance with
the terms herein set forth.
SEC'PiON FOUR
SERVICES OF MANAGER
Manager shall be the exclusive manager of the swimming pool
facility, and manager shall provide Owner with the services
customarily provided for in such instances, including the
following:
a. Accounting. Manager shall keep all accounts and supervise
all bookkeeping and submit monthly statements to Owner showing the
details of the swimming pool operations. All such records shall
be open for inspection of owner or owner's agents, counsel, or
auditors at all reasonable hours.
b. Buying. Manager shall make available to the Owner its
buying power, without profit on any purchase which may be made.
c. Referrals and advertising. Manager shall exert reasonable
efforts to direct patronage to Owner's swimming pool and recreation
facility and will fo_Llow a program of displaying advertising of
such.
d. Resident manager. Manager will appoint a capable resident
manager a.nd necessary personnel, deemed capable of maintaining and
operating Owner's property as a first-r_lass swimming pool and
recreation facility. If a resident manager shall not prove to be
satisfactory to Owner, Uwner may in writing request Manager to
discharge a resident managF~r, setting forth therein the reasons for
such action. If the grounds of the removal set forth by Owner
shall be suffir.ient to constitute a violation of the terms of this
agreement, a resident manager shall be discharged by Manager.
SECTION FIVE
BONDING OF EMPLOYEES
Manager shall maintain adequate fidelity bonds on employees
engaged irl the operation of the swimming pool, the premiums for
which shal_1 he charged as operating costs.
SECTION SIX
CONTROL OF EMPLOYEES
Manager shall have full power and authority to take all
actions to bring about an efficient operation of the swimming pool
and recreational programs. Manager shall have exclusive authority
to hire and discharge all employees necessary for the operation of
the swimming pool and recreational program and to fix and pay their
compensat.i.on. Such employees shall be the employees of the Manager
acrd no t t 11e OwnE>r .
SECTIUN SEVEN
LIABILITY FOR LOSSES
Manager shall be liable only for the loss or damage sustained
by reason of the dishonesty or the negligence on the part of its
officers.
ow-249.ma 2
SECTION EIGHT
CIVIC UlJ'1'IES OF MANAGER
It is understood and agreed between Owner and Manager that
Manager shall discharg~.~ its civic duties to the citizenship of the
City of Owasso with reference to those activities which it is
generally c•~~nsider_ed must be carried out for the general benefit
of the com~,..nity. It is considered to be in the best interest of
both parties that the swimming pool and recreational program shall
constitute an integral part of the civic and commercial activities
of the City of Owasso.
SECTION NINE
MANAGER'S COMPENSATION
As compensation for services to be rendered hereunder, Manager
shall receive the net cash receipts derived from the operation of
the swimming pool and recreational program as set forth in this
agreement.
SECTION TEN
MAINTENANCE OF OPERATING EQ(JIPMENT
The swimming pool and recreational program property and all
furniture, fixtures, machinery, appliances, operating equipment,
and all personal property used in the operation of the swimming
pool and recreational program shall be maintained by Owner in
first-class rep~~ir, and in such condition that such equipment shall
be satisfactory for the operation of a first-class swimming pool
and recreational program. Manager shall be responsible for
performing light maintenance on the aforesaid, including, but not
limited to, cleaning, painting, removal of debris and obstructions
or articles which en~l~nger the health and safety of invitees.
SECTION ELEVEN
ASSIGNMENT
Neither party may assign this agreement or any of the rights
and duties expressed herein.
SECTION 'PWELVE
COMPLIANCE WITH LAWS
Manager will comply with applicable regulatory requirements
including federal, state and local laws, rules, regulations,
orders, codes, criteria and standards. Manager shall procure the
permits, certificates, and licenses necessary to allow Manager to
perform the services contemplated by this Agreement.
ow-249.ma 3
SECTION THIRTEEN
EN`T'IRE AGREEMENT
This Agreement constitutes the entire agreement between the
parties. Any amendments, modifications or deletions to the terms
hereof must be in writing and executed by both parties hereto to
be enforceable.
i~
SECTION FOURTEEN
BINDING UPON SUCCESSORS
The terms, conditions, and provisions hereof shall be binding
upon the parties hereto as well as their assigns, if any,
representatives and successors in interest.
In witness whereof, the parties have executed this agreement
at Owasso, Oklahoma, the day and year first above written.
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
ow-249.ma
OWNER
CITY OF OWASSO, OKLAHOMA
Patricia K. Marler, Mayor
MANAGER
YOUNG MEN'S
ASSOCIATION
President
4
CHRISTIAN
ATTEST:
Secretary
ACKNOWLEDGMENT
STATE OF OKLAHOMA )
ss.
COUNTY OF TULSA
Before me, the unders.i.gned, a Notary Public in and for Tulsa
County, State of Oklahoma, personally appeared Patricia K. Marler
as Mayor and Marcia Boutwc,ll as Secretary for the City of Owasso,
personally known to me to be such, acknowledged that they executed
the above and foregoing document freely and voluntarily and for the
uses and purposes therE~in stated.
Notary Public
My Commission Expires:
ACKNOWLEDGMENT
STATE OF OKLAHOMA )
} ss.
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for Tulsa
County, State of Oklat-oma, personally appeared
____ ___ and as President and
Secretary for_ the Young Men's Christian Association, personally
known to me to be such, acknowledged that they executed the above
and foregoing document freely and voluntarily and for the uses and
purposes therein stated.
Notary Public
ow-249.ma 5
My Commission Expires:
i~
ow-249.ma
6
EXHfBIT "A"
OWASSO SWIMMING POOL PROPOSAL
THE YMCA of Greater Tulsa is very interested in managing the City
of Owasso swimming pool in the areas of managing and supervising
all pool operations, pool maintenance, scheduling of programs,
recruitment and training of all staff.
we are fully capable of developing a comprehensive program
schedule to benefit all the citizens of Owasso, regardless of age
or ability.
A sampling of the programs that could be offered to the Owasso
community are listed below. As previously mentioned, we are happy
to work with the City Council in working out the details of the
aquatic program schedule.
Potential programs include: Adult Lap Swim
water Aerobics
Family Open Swim
Water walking
Scuba
Swim Lessons
55+ water Exercise
Parents/Toots Learn to Swim
Arthritis Therapy
Prenatal water Exercise
Cardiac Rehabilitation
Physically Handicapped Swim
Orthopedic Rehabilitation
1
' ~o~uvnunz
' TO: HONORABLE MAYOR AND CITY COUNCIL
' FROM: MICHAEL J. KNEBEL
STEVE COMPTON
' BRET HUNT
' SUBJECT: REPAIR OF SVVIlVINIING POOL MECHANICAL EQUIPMENT
AND INSTALLATION OF NEW WATER HEATER
^ DATE: April 15, 1993
BACKGROUND
As stated in our previous memo dated February 12, 1993, demands on the Owasso swimming pool
have been increasing annually. Last year, increased usage along with managerial and mechanical
factors, caused some problems with the aquatic environment. The installation of a second
~' chlorinator, temporary repair of some minor mechanical problems, and a modification in the daily
operation and maintenance schedule solved the problems for the short term. Based on recent
recommendations from several experts in the field, a list of repairs and necessary tests to determine
the integrity of the existing filter system was compiled as follows:
' (1) Replacement of all associated influent and effluent filter piping and valves,
' (2) removal and replacement of the filter media (sand, gravel, and rock),
(3) hydrostatic test (water pressure containment test) of the existing filter vessel,
' a. replacement of the filter vessel if it fails the hydrostatic test
b. or repair of the vessel's internal components if it passes the hydrostatic test.
(4) removal of sand, dirt, and debris from the bottom of the deep well,
While conducting the initial research for this project, it was determined that the Owasso swimming
pool was constructed in 1974. The last major overhaul of the filter system was accomplished in
1982. Work completed at that time included replacement of the piping and valves (item 1),
replacement of some of the filter media (item 2), and installation of a second "skin" around the filter
vessel to stop multiple water leaks (item 3a). Based on this information and the generally accepted
lifespans of similar products, it would appear that the repairs are occurring within a similar ten year
cycle.
PROPOSED MECHANICAL EQUIPMENT REPAIRS
Item Number 1
Influent & Effluent Piping & Valves
There are several factors that warrant the recommendation to replace the influent and effluent filter
piping and valves. Originally it was assumed that repair of the valves would solve the stubborn
operation of the units and suction leaks that affect the efficiency of the filter system. Further
research indicated that the cost of parts and labor to accomplish the needed repairs would be more
costly than replacement of the valves and associated piping. The added benefits to full replacement
include (1) the integrity of the entire system, (2) long term smooth and efficient operation of
mechanical devices for the pool staff, and (3) assurance of sufficient flow through the filter (to meet
State Health Department requirements).
Quotes were requested from three area mechanical and plumbing contractors. Each of the
contractors sent a representative to the site for a visual inspection of the existing equipment and a
review of the required scope of services. All three quotes include two or three days labor to
purchase and install new 6 inch, 4 inch, and 2 inch valves, ductal iron pipes, tees, elbows, couplers,
etc. (A complete list is available through the office of Mr. Knebel or Mr. Compton). The scope of
services also included the installation of four 4" wafer valves (supplied by the City as a cost
reduction measure) on the filter vessel itself.
The quotes received are as follows:
Atlas Utility Company (Tulsa) ................................ $4,100
Raper Plumbing (Tulsa) .................................... $5,500
Hale Plumbing (Tulsa) .................................... $7,965
The City would purchase the wafer valves and an internal splash plate directly from United
Industries, Inc. in Wichita, Kansas at a cost of $875.
Item Numbers 2 & 3
Filter Vessel & Media
Last year, several of the City's pool chemical suppliers recommended replacement of the filter
media (cleaned and screened sand) to facilitate improved water cleansing and "in turn" decrease the
chlorine usage. The recommendation was reviewed by the staff and deemed inadvisable for action
during the swimming season. This determination was based on several factors but the primary
concern was the questionable integrity of the 20 year old filter vessel and its internal components.
The filter vessel has recently undergone a hydrostatic test as recommended by Mr. Bob Thompson
of Thompson and Associates Engineering (see afformentioned memo dated February 12, 1993). The
vessel exhibited no pressure leakage over a 24 hour period. What this means, according to Mr.
Thompson, is that the existing filter vessel should have a useful life of at least another three to five
years. This allows the postponement of an expenditure of approximately $4,500 for the purchase of
anew vessel.
Since the filter vessel does not need replacement at this time, it is now possible to recommend the
replacement of all filter media. The total delivered cost for 35 inches of media (approximately
7,600 pounds of material) for the 66 inch diameter filter is $456.60 from Arkola Sand and Gravel in
Fort Smith, Arkansas. Please note that the recommendation for the use of this firm is based on
Tulsa's recent price comparison of delivered prices on similar materials from area vendors.
Item Number 4
Deep Well
The removal of the sand, dirt, and accumulated debris at the bottom of the deep well was necessary
to asses the condition of the pool drain valves and also to maintain a clean water circulation and
mixing area. This task has already been accomplished by City personnel.
PROPOSED HOT WATER SYSTEM
' For at least the past seven years the Owasso swimming pool has been without hot water for
showers, sinks, or disinfectant type cleaning. The State Health Department has previously noted
this problem during various inspections. Our original estimates of cost to complete this project were
much lower than the cost estimates that the staff is now receiving from area contractors. There are
several reasons for the discrepancy but most critical are (1) the cost and size of a hot water tank to
adequately supply the volume of warm water for showers and sinks and (2) the necessity of at least
one automatic mixing (anti-scald) valve at a cost of $1, 200.
' Due to these higher costs, a set of specifications and a scope of services must be prepared for
vendors to quote or bid. These should be ready next week and a request for the purchase and
' installation of a hot water supply system for the pool will be presented at the next City Council
meeting.
' FUNDING
The total cost of the proposed mechanical equipment repairs is $5,431.60. Funding for these is
partially covered in the current operating budget and the remainder would be covered by the
previously requested supplemental appropriation. The balance of the supplemental appropriation
would be utilized (through a request at the next City Council meeting) for the proposed hot water
system.
' RECOMMENDATION
' We recommend Council approval of an expenditure in the amount of $4,100 to Atlas Utility Co. ,
Tulsa, OK, $875 to United Industries, Inc., Wichita, KS, and $456.60 to Arkola Sand & Gravel of
Fort Smith, AR for the purpose of affecting repairs to the Municipal Pool in accordance with a
"scope of services" as quoted.
Attachments: Memo to City Manager dated February 12, 1993.
~MOx~vDUM
TO: RODNEY RAY, CITY MANAGER
FROM: STEVE COMPTON
MII~E KNEBEL
BRET HUNT
SUBJECT: REPAIR OF SVVIlVIlVIING POOL FILTER AND VALVES AND
REPLACEMENT OF WATER HEATER
DATE: February 12, 1993
BACKGROUND:
We have been directly involved with the pool and its mechanical systems for approximately nine
months. During that time we have had the opportunity to evaluate operations through the spring
opening of the pool, the peak summer usage period, and the closing of the facility for the winter.
We also experienced a major failure of the water circulation and filtering system during the peak
usage period. That failure was due to the combination of five factors. First, the sand filter is
old and not functioning at full efficiency because of it deteriorated condition. Second, several
of the valves associated with the filtering and circulation system are deteriorated to the extent
that they can not be completely closed. This caused fluctuations of the water level and resulted
in the scum gutters not functioning properly. Third, the use of the pool has significantly
increased, placing an increased burden on all systems. Fourth, daily cleaning of the pool to
remove oil, dirt, pollen, etc. was not being properly conducted. Fifth, a new chlorinating system
had been sized by the manufacture based on pool capacity (gallons of water) without full
consideration given to the other factors identified above. The problem was solved for the short-
term by reducing the usage, improving pool cleaning methods, and increasing the size of the
chlorination system.
It is our opinion, demands on the pool will continue to increase and even with proper pool
cleaning and the "beefed-up" chlorination system it is questionable that maintaining a healthy
aquatic environment through the upcoming swimming season can be insured given the current
condition of the existing sand filter and valves. It is also our opinion that without additional
information it is impossible to rule out the possibility of total failure. If total failure were to
occur, it would most likely be during a peak demand period disrupting not only customer use,
but also pool revenues.
To the best of our knowledge the filter and valves are original; however, a metal external skin
was added to the filter approximately 10 years ago to extend its life. We have had several
discussions concerning problems and solutions, but without expert knowledge of the issues, firm
recommendations are not possible. Because of this, we invited Mr. Bob Thompson, a Tulsa
based mechanical engineer to inspect our systems. He was recommended by the filter
' manufacture as anon-biased local expert with extensive experience in pool systems engineering.
The results of his visual inspection are as follows:
(1) it was identified for him that no external leaks from the filter were observed during
last years operation,
' (2) he could not identify any external problems with the filters' metal skin,
(3) he could not identify any major problem with the interior walls of the filter, except
for their need to be cleaned and painted,
' (4) he did identify that the sand, gravel, and rock media used within the filter should to
be completely replaced,
' (5) he did identify that the headers at the bottom of the filter may need to be replaced,
(6) he did identify that the deep well needed to be cleaned, and
(~ after discussions pertaining to operations, identified that several of the circulation
system valves were not functioning properly.
Generally, his visual inspection indicated that the system is not as deteriorated as the staff had
initially anticipated.
His recommendation was to fill and pressurize the filter tank (with water) to 50 psi. It is
estimated that this would cost $500.
~ If the filter tank can maintain pressure for approximately one hour;
' cleaning and painting of the interior of the filter tank, replacement of the sand
medium, possible replacement of the headers, and replacement of several associated
filter system valves should provide a filtration system that would function properly
' for at least three to five years.
~ If the filter tank not does not maintain the 50 pounds of pressure;
replace the filter and valves. The system should then function properly for ten or
more years.
Our research indicates that if the filter repair and valve replacements are all that are necessary
the cost would be a total of $5,000 to $6,000. This project could be handled by purchasing the
r necessary components and contracting for labor.
' If total replacement is called for, it is estimated that removal and replacement of the filter and
installation of the new filter and valves would cost $10,000 to $15,000 and should be under one
contract because of the heavy equipment needed to handle removal and replacement of the filter
In addition, the pool has functioned for several years without hot water for showers, sinks, or
cleaning. The Health Department has noted this problem during various inspections. Since
there is only a single source of water (one pipe) to each shower and sink, one water heater with
the temperature set to meet code requirements would provide safe warm water through the single
pipe to each shower and sink. This means that no extremely cold or hot water would be
provided to these fixtures. A second smaller water heater would be needed at one location to
provide hot water for general cleaning and disinfection. It is estimated that the larger water
heater and tank would be $400.00, the smaller water heater and tank would be $150.00, and
labor/materials would be $450.00. The total for this project would be approximately $1,000.00.
RECOMMENDATION:
After talking with Mr. Thompson, we are very optimistic that the filter tank will hold the 50 psi
pressure, but without data from a pressure test it is impossible to make a final determination.
If the pressure test shows the integrity of the filter tank is acceptable, we would recommend that
the city purchase the basic repair parts and then use a contractor for the labor to repair the filter
and circulation systems (cost estimate $5,500). Second, we would recommend that the hot water
system be replaced as a separate project using a plumbing contractor (cost estimate $1,000).
Note: City staff members could accomplish portions of these projects and significantly reduce
the cost, however this would have a negative impact on their ability to complete other priority
tasks and projects within their departments.
II
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND•
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
SHERRY BISHOP, CITY TREASURER
CONTRACT FOR AUDIT SERVICES FOR FISCAL YEAR 1992-93
April 14, 1993
By city charter, the council must designate an accountant to make an independent audit of all
accounts and financial transactions of the city. In a letter dated July 9, 1992, the accounting
firm of Stanfield & O'Dell, P.C. proposed to provide audit services to the City of Owasso for
three fiscal years renewable at our option. The proposed fee is $13,000 plus expenses not to
exceed $500 for each of the three years.
Stanfield & O'Dell served as auditors for the City for the fiscal year ended June 30, 1992.
Keeping the same audit firm for more than one year provides consistency in audit methods and
requirements from year to year. Staff can prepare for the audit, knowing what information and
records the auditors will need. Council is able to become familiar with the audit philosophy and
report format.
If this contract is renewed, Stanfield & O'Dell is prepared to begin preliminary audit field work
during the first week of May. They expect to perform the final audit field work during August
and September with final reports delivered no later than October 31.
RECOMNIENDATION•
Staff recommends that Council renew the contract with Stanfield & O'Dell, P.C. for the purpose
of conducting an independent audit for the fiscal year ended June 30, 1993 for a fee not to
exceed $13,500.
ATTACHMENTS•
Proposal letter from Stanfield & O'Dell dated July 9, 1992
Stanfield
CONSULTANTS
..~.C CERTIFIEC
~UoLIC ACCOUNTANTS
o~~l
July 9, 1992
Ms. Sherry Bishop
City Treasurer
City of Owasso
207 S. Cedar
P. O. Box 180
Owasso, OK 74055
C~O~S1
Dear Ms. Bishop:
Thank you for meeting with us to discuss your audit needs and
to allow us to submit this proposal.
We propose to audit the general purpose financial statements
of the City of Owasso as of June 30, 1992, 1993, and 1994, prepared
in accordance with generally accepted accounting principles. Our
audit will be made in accordance with generally accepted auditing
standards and will include our examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements,
assessing the accounting principles used and significant estimates
made by management, as well as evaluating the overall financial
statement presentation. Our audit will also be in accordance with
the standards set forth for financial audits in the li.S. General
Accounting office's (GAO) "Governmental Auditing Standards" (1988
Revision). Our objective will be the completion of the foregoing
audit and, upon its completion and subject to its findings, the
rendering of our report.
The City's reporting entity, as determined by the City,
includes the Owasso Public Works Authority, and the Owasso Economic
Development Authority. These entities will be included in the
City's general purpose financial statement as enterprise and
special revenue funds, respectively.
The supplemental combining and individual fund and account
group financial statements and schedules included in your annual
financial statements will be subject to the auditing procedures
applied in the audit of the general purpose financial statements.
We will issue an "in relationship to" opinion on the supplemental
financial statements and schedules.
City of Owasso
July 9, 1992
Page 2
~OQ~
The City currently has several federal financial assistance
grants of which none are for more than $299,999. The audit will
include a financial and compliance audit of these nonmajor federal
financial assistance programs in accordance with the Single Audit
Act of 1984. Our audit will be conducted in accordance with the
standards referred to above and U.S. Office of Management and
Budget (OMB) Circular A-128, "Audits of State and Local
Governments".
We will also issue a separate negative assurance report on the
City's 1988 Series Revenue Bonds.
P.s you Y.now, the financial statements are the responsibility
of the management and the City Council of your City who are
primarily responsible for the data and information set forth
therein as well as for the evaluation of the capability and
integrity of the City's personnel and the maintenance of an
appropriate internal control structure, which includes adequate
accounting records and procedures to safeguard the City's assets.
Accordingly, our completion of the audit will require management's
cooperation. In addition, as required by generally accepted
auditing standards, our procedures will include obtaining written
representation from management concerning such matters which we
will rely upon, and the City will indemnify and hold us harmless
from any liability, damages and legal or other costs we might
sustain in the event such representations are false.
Generally accepted auditing standards also require the auditor
to obtain reasonable, but not absolute, assurance that the
financial statements are free of material misstatement, and provide
for the audit to be performed on a test basis, as described in the
second paragraph of this letter. Accordingly, an audit is not a
special examination designed to detect fraud, nor a guarantee of
the accuracy of the financial statements and is subject to the
inherent risk that errors, irregularities, or illegal acts, if they
exist, might not be detected. However, if we become aware of
material errors or any irregularities or illegal acts during the
course of our audit, we will bring them to your attention. Should
you then wish us to direct special auditing procedures to such
matters , we would be pleased to work with you to develop a separate
engagement for that purpose.
City of Owasso D
July 9, 1992
Page 3
' t_..
We understand that you will provide us with the basic
information required for the audit and that you will be responsible
for the accuracy and completion of that information. Such
information will include items such as adjusted trial balances and
copies of supporting reconciliations, analysis and printouts. We
further understand that your employees will complete all
questionnaires and schedules we might request and will type all
cash and other confirmations, locate any invoices selected for
testing, copy all required documentation, and input trial balance
and other data into our application software.
We will schedule, for the first year, preliminary field work
for the week of August 24, and final field work for the week of
September 28, or October 6. Delivery of final reports will be no
later than November 30. In subsequent years, we will schedule our
work so that reports can be delivered no later than October 31.
Our billings for the services set forth in this letter will be
rendered for payment on a monthly basis, so that you may readily
relate our charges to the work performed. Our fee for this
engagement is $13,000 per year plus out-of-pocket costs, not to
exceed $500, incurred on your behalf. It is understood that our
responsibility for such services will extend only to periods
covered by our audit and will not include any claims pertaining to
later periods for which we are not engaged as auditors.
This fee proposal is based on the information we obtained
during tre brief proposal process and on your personnel providing,
on a timely basis, the assistance stated in this proposal. As you
know, circumstances may arise that will require us to do more work.
Some of the more common circumstances i s included in the attachment
"An Explanation of Additional Work Which May Exceed Fee Estimate."
If it appears that any of these situations will occur, we will
bring this to your attention and mutually agree upon changes in
scope and fees before proceeding with the engagement.
This engagement includes only those services specifically
described in this letter. Appearances before government
organizations such as your cognizant agency and other regulatory
bodies arising from this engagement, additional work requested by
grantor or funding agencies and additional work required for
changes in the City's reporting entity will be billed to you
separately.
If any portion of this letter is held invalid, it is agreed
that such invalidity shall not affect any of the remaining
portions.
i~
i~
City of Owasso
July 9, 1992
Page 4
C~Op~
If you are in agreement with the terms of this letter, please
sign the original and return it for our files. We appreciate the
opportunity to continue to work with you.
Sincerely,
STANFIELD & O'DELL, P.C.
~~ ~,'r
Craig D Leg r
Shareh der
Enclosures (4)
The foregoing letter fully describes our understanding and is
accepted by us.
Date
CITY OF OWASSO
By
~-
~oxnrmuM
~ TO: THE HONORABLE MAYOR AND CITY COUNCII,
CITY OF OWASSO
FROM: STEVE COMPTON
ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT
SUBJECT: FY 1993-94 COMPRF.AF.NSIVE CAPITAL PLANNING REPORT
DATE: April 14, 1993
BACKGROUND:
~ During the third quarter of each fiscal year, the Capital Improvements Committee meets to
conduct a review of the City's future capital needs. In order to give the Council broad based
views on all issues, this committee has been organized to be comprised of council members,
school representative, chamber representative, local residents, and staff. The review results in
~ the preparation of a Comprehensive Capital Planning Report, which provides the Council with
recommendations addressing annual capital improvement expenditures. The report and its
' recommendations are then used by the Council in its annual budgeting process which occurs in
the fourth quarter of the fiscal year.
The FY 1993-94 report was presented at the April 6th Council meeting. It includes committee
recommendations for approval of (1) an updated project list, (2) revenue projections, and (3)
funding allocations. Specific expenditures recommended by the committee for FY 1993-94 are
outlined below.
.~ hird Penny cQ~;M I
It is recommended that the $725,000 estimated to be available through the Clue- ~.+,pw•w•et
^ Sales Tax be allocated as follows:
(1) That $450,000 be allocated to the planning, engineering, and construction of the
' Central Fire Station project.
(2) That $90,000 be allocated to the planning and engineering of the City Hall
i Renovation project. This would include a recommendation to obligate $70,000 to
complete the project in FY 1994-95.
(3) That $120,000 be allocated to the Owasso Sports-Park. This is an on-going project
~ with five future annual allocations.
^
(4) That $65,000 be allocated to the purchase of a Fire Department Tanker Truck.
It is recommended that the $5,540,000 estimated to be available throu h the OPWA
g
Capital Improvements Fund funding source be allocated as follows:
(1) That $40,000 be allocated to contracting an analysis of the expansion of the water W
distribution system. .„„
(2) That $700,000 be allocated for the replacement of deteriorated cast-iron water pipe.
(3) That $2,300,000 be allocated for the expansion of the Wastewater Treatment
Facility.
(4) That $2,500,000 be allocated for the replacement of deteriorated wastewater pipe.
RECOMMENDATION:
The staff recommends that the Council adopt the CIP Committee Report as the 1993-94 Capital
Improvement Plan and that the staff be directed to include the committee recommendations in
the 1993-94 annual budget.
~oR~vnuM
TO:
FROM:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
~RODNEY J. RAY
SUBJECT: REQUEST FOR COUNCII. APPROVAL OF PURCHASE OF PROPERTY
FOR FIRE DEPARTMENT STATION SITE
DATE: APRIL 16, 1993
BACKGROUND:
On February 16, 1993 the City Council authorized the staff to initiate all necessary documents
and negotiations to finalize the acquisition of property for the location of a fire station facility.
At this point all final arrangements have been agreed upon by the parties involved (City staff,
D.O.T. and Hayward Smith). The agreements call for all of the property to be initially in Mr.
Smith's name and the actual City purchase of the property from Mr. Smith.
The contract for purchase includes all of the agreements reached by the parties during the
discussions and are as follows:
1. Mr. Smith will convey 1.2 acres by warranty deed and .4 acres with quit claim deed (the
building will be located on the 1.2 acre thus our requirement for the warranty deed for that
portion of the property) .
2. The remaining right-of--way property south of the fire station will be used to retain storm
water from both the City property and Mr. Smith's property and will remain as public right-
of-way held by D.O.T.
3. The City will pay Betty and Haywood Smith a total of $5,200.
4. The City will extend water and sewer service to the northern line of the property (that is
within 50 feet of where we were going anyway).
FIItE STATION SITE
APRII. 16, 1993
PAGE TWO
5. The City staff will support annexation of all of the property into the corporate limits.
6. The City staff will support a rezoning of all of the property from "AG" to "CG"
classification.
7. Mr. Smith will grant a drainage easement to the City.
Mr. Cates and the staff have reviewed the document and made changes. The staff has also
reviewed the document and made necessary changes to ensure that there are no guarantees
relating to the zoning or annexation clauses in the contract. The staff analysis of the contract
indicates that there are no unexpected or unanticipated costs associated with the purchase other
than those to which we have previously noted. It should be noted that we are currently
surveying the property in order to establish a property description and that we will have the
additional cost of an abstract for the property.
NOTE: If the Council approves the request as it is presented the property acquisition will be
completed without any further Council action. This request is for authorization for the staff to
complete the purchase of the property and pay the $5,200.
RECONIlVIENDATION:
The staff recommends that the Council approve the purchase contract and that the City Manager
and City Attorney be authorized to execute the document and close the purchase and that
payment in the amount of $5,200 be authorized to Betty and Hayward Smith.
ATTACHMENTS:
1. Contract for property purchase
2. Memorandum dated February 11, 1993
3. City Manager excerpt from report dated February 2, 1993
4. Map detailing tract of property under consideration
CONTRACT FOR HALE OF REAL ESTATE
This contract entered into this day of ,
1993, between Hayward Smith and Betty Jane Smith, husband and wife,
SELLER, and the City of Owasso, Oklahoma, herein called PURCHASER.
SELLER agrees to sell and PURCHASER agrees to purchase the
following described real estate, to -wit:
' The South 1.6 acre tract as shown on exhibit
"A" attached hereto and incorporated by
reference, the exact legal description to be
prepared by a licensed surveyor prior to
' closing; (Herein referred to as "subject
property"),
for a total price and consideration of Five Thousand Two Hundred
Dollars ($5,200.00) payable by PURCHASER to SELLER in cash, unless
provided otherwise herein, upon closing of the sale and delivery of
deed as provided herein with timely payment of the purchase price
by PURCHASER being of the essence in this contract.
' THE FOLLOWING CONDITIONS ALSO APPLY TO THIS SALE:
1. CONVEYANCE BY WARRANTY DEED AND QUIT CLAIM DEED AND
~ ABSTRACTING: At closing, SELLER shall deliver to PURCHASER a
Warranty Deed for 1.2 acres and Quit Claim Deed for .4 acre
covering the subject property conveying unto PURCHASER Fee Simple
Title, free and clear of any and all encumbrances. Abstracting, if
~ any, shall be the sole responsibility and expense of PURCHASER.
~ 2. AD VALOREM TAXES: Ad Valorem Taxes are to be prorated to
the date of closing; provided, however, that if the taxes for the
current year have not been fixed, the rate of levy for the prior
year shall be used.
3. PREMISES: PURCHASER hereby represents that it has
inspected the premises and has satisfied itself as to the acreage
,~ involved and the condition of the property. It is understood that
the PURCHASER buys the property in its present condition and that
the SELLER makes no warranty, expressed or implied concerning the
condition of the land and this contract constitutes the sole
agreement between SELLER and PURCHASER and may be changed only by
' writing, signed by the party against whom any waiver or change is
asserted.
~ 4. CLOSING: Closing shall be on or before April 8, 1993,
unless any extension thereof is agreed to in writing by all parties
to this Agreement. SELLER shall upon receipt of the purchase price
deliver to the PURCHASER a Warranty Deed and Quit Claim Deed,
conveying the property to PURCHASER, as provided herein. SELLER
shall be responsible for appropriate documentary stamps at closing.
5. POSSESSION: Possession is to be given immediately after
closing of sale and delivery of deed.
' 6. OTHER CONDITIONS:
a. SELLER shall convey title by Warranty Deed and Quit
Claim Deed.
' b. PURCHASER accepts property in as-is condition.
c. PURCHASER acknowledges that property is sold subject
to any easements of record.
d. PURCHASER shall, at its expense, prior to closing,
furnish SELLER a survey, prepared by a licensed
surveyor, showing the exact legal description of the
subject property.
e. PURCHASER, at its expense agrees:
1. An 8 inch Sanitary Sewer Main will be
constructed by PURCHASER, at PURCHASER'S expense,
extending to the North property line of the subject
property. The Sewer Main is to be constructed along
the West boundary line (Garnett Road frontage) North
of the subject property. (shown on Exhibit "A",
attached to and made a part of this Contract).
2. A 6 inch Water Main will be constructed by
PURCHASER, at PURCHASER'S expense, extending to the
North property line of the subject property. The
Water Main is to be constructed along the West
boundary line (Garnett Road frontage) of the 2.9
acre tract adjacent to the North of the subject
property, as shown on Exhibit "A".
3. City of Owasso agrees there will be no storm
water runoff retention requirements on the 2.9 acre
tract adjacent of the North of the subject property
shown on exhibit "A". All water retention
requirements for storm water runoff will be managed
at the southern portion of the three lots shown on
Exhibit "A".
4. A drainage easement will be granted by SELLER
on the adjacent norther 2.9 acre tract to
accommodate the drainage requirements under
subparagraph 3 above. PURCHASER agrees not to
require on-site detention on the northern 2.9 acre
tract adjacent to the North of the subject property.
PURCHASER will provide the metes and bounds
description for the easement and furnish such
easement to SELLER for signature.
5. The City of Owasso Planning Committee staff will
support SELLERS application to rezone the northern
2.9 acre tract shown on Exhibit "A" to CG
(Commercial General), provided however that such
support is not a guarantee that a zoning application
would be approved.
6. The City of Owasso, Planning Staff will support
the annexation of the additional 1.6 acres into the
City limits, included within the 2.9 acre tract
shown on Exhibit "B".
7. It is understood between PURCHASER and SELLER
the use of the subject property is restricted to use
for a municipal fire station with construction to
begin by September 1, 1993.
Those conditions as set forth in this paragraph 6 and all
subparagraphs thereunder which cannot be met prior to closing shall
not be deemed to have been waived by SELLER by virtue of conveying
title and delivering possession to PURCHASER. The above listed
conditions not so met prior to closing shall survive the closing of
this traction and shall be contractual obligations of PURCHASER to
compete in a workmanlike and timely manner. Construction of the
utility improvements set forth in paragraphs 6 e.l. and 6 e.2.
shall be started no later than September 1, 1993 and be completed
within a reasonable time after work is commenced. For the same
consideration, it is further agreed by SELLER and PURCHASER that
said contractual obligations shall be construed as covenants
running with the land purchased and the adjacent two tracts as
shown on exhibit "A" attached hereto.
Time is of the essence with respect to the contractual
obligations contained herein between PURCHASER and SELLER.
This agreement shall insure to the benefit of, and shall be
binding upon the heirs, legal representatives, successors and
assigns of the parties hereto.
IN WITNESS HEREOF, the parties have affixed their signatures
the day and year first above written.
PURCHASER: SELLER:
City of Owasso, Oklahoma
By:
Hayward Smith
Betty Jane smith
Date Signed
APPROVED AS TO FORM AND CONTENT:
City Manager, City of Owasso
Date Signed
City Attorney, City of Owasso
STATE OF OKLAHOMA
}ss.
COUNTY OF TULSA
Before me, the undersigned, a Notary Public, in and for said
County and State, on this day of April, 1993, personally
appeared Hayward Smith and Betty Jane Smith to me known to be the
identical persons who executed the within and foregoing instrument,
and acknowledged to me that they executed the same as their free
and voluntary act for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I hereunto set my official signature and
affixed by notarial seal the day and year last above written.
Notary Public
My commission expires:
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCII.
CITY OF OWASSO
FROM: RODNEY J. RAY
SUBJECT: ACQUISITION OF PROPERTY FOR FIRE STATION
DATE: 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
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 Nir. 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 194 easement condemnation. Upon that action, Mr. Smith
ACQULSITION 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.
RECO~MF.~'yDATION:
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. Haywazd Smith for submission ,
to the Council for final approval, and that an offer of not more than $5,200 for such property
be authorized.
ATTACI-~1~IENTS:
1. Area map showing property under consideration
2. Excerpt from City Manager's Report Dated 2-2-93
~oxnrmuM
TO:
HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
' FROM:
RODNEY J. RAY
' SUB,TECT: CITY MANAGER'S REPORT
' .DATE: FEBRUARY 2, 1993
' FIRE STATION STATUS
^ A major problem with the excess right-of--way acquisition from the Department of Transportation
has surfaced. Two weeks ago, after unacceptable delays in receiving a promised deed of
dedication, I requested an official response from DOT regarding the status of the property
transfer. After failing to receive a response, I asked Mr. Cates to contact the department's
,~ general counsel. All of these actions happened after we received correspondence from the
department stating that the right-of--way was being released as requested by the City of Owasso.
After Mr. Cates had contacted the department's attorney, we were notified that Mr. Haywood
Smith had filed a challenge to the release of the property. Mr. Smith's challenge claimed that
' theright-of--way was taken as an "easement" through condemnation in 1954 and that the property
should revert to Mr. Smith without cost or further action. Upon review of Mr. Smith's
challenge, the DOT general counsel did, in fact, agree that the excess right-of--way was an
' easement and therefore if not needed should be released to Mr. Smith. Our position at that time
was that the right-of--way had been offered to the City by the Department and that the City had
~ a primary interest in any release of that property. We further argued that both the City and
County should have the right to "sign off' on any release of any right-of--way prior to that
release.
bLr. Cates reviewed the 194 condemnation and verified that the right-of--way had been taken
as an easement and that our ability to overcome the Smith challenge would eventually fail.
However, in the meantime, Nfr. Smith had requested release of additional right-of--way farther
north of the property in question.
This week, through a contact Mr. Compton had developed, we were able to meet with Mr.
Smith and his wife and their representatives. Through negotiations we have reached an
agreement that will result in the City acquiring the property we originally wanted for the fire
i~
i~
CITY MANAGER'S REPORT
FEBRUARY 2, 1993
PAGE TWO
station and Mr. Smith receiving the remaining portion of the right-of-way north of the i"ue
station site. The agreement provides approximately three acres of property to the City in return
for $5,000 to Mr. Smith to defray expenses incurred by him in his challenge. Please note that
actual payment to Mr. Smith could be as low as $4,700 but not higher than $5,200 depending
upon his final costs as of January 26, 1993.
Although this is an unexpected cost, the alternative solution would most likely result in the City
having to purchase Iand at another site. In terms of economics, the payment of $5,000 for that
property makes good business sense and allows us to continue on the same track with our
construction. It should be noted, however, that if a payment is made, the amount of the that
payment will have to be deducted from the $40,000 appropriated for the project. The financial
impact will be minor but, nevertheless, it will mean that there will be $5,000 fewer dollars
available for this project than we had originally expected.
At this point, Mr. Cates expects the mechanics of the proposal would consist of the DOT
deeding the entire property to Mr. Smith with Mr. Smith concurrently deeding to the City the
portion of the property for the fire station. The staff concurs with that process because it
ensures a clear and free deed to the property.
After your review of this request, please let me know if you have concerns or questions about
the proposal. I have not yet determined the proper method of requesting action by the Council
but I will be discussing [his with Nir. Cates during the next week. At this time I do need your
input relating to this matter in order to determine if we are on the right course and if you are
interested in pursuing the acquisition of the property through the negotiated settlement. Please
call me, bir. Cates or Mr. Compton if you have questions or concerns.