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HomeMy WebLinkAbout1993.06.15_City Council Agenda PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: June 15, 1993 TIME: 7:00 p. m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, June 11, 1993. Marci Boutwell, City Jerk AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of June 1, 1993 Regular Meeting and June 8, 1993 Special Meeting. Attachment ~t4 I' ~ Owasso City Council June 15, 1993 Page 2 5. Request Approval of Claims. Attachment #5 6. Request from Citizen to Address the Council Relative to Fees Charged by the Owasso Recycle Center. Mr Ed Compos Attachment #6 7. Consideration and Appropriate Action Relating to Resolution 93-07, a Resolution Adopting a FY 1993-94 Combined Budget. Mr Ray Attachment #7 Staff will recommend City Council approval of Resolution #93-07. 8. Consideration and Appropriate Action Relating to an Amendment of the 1993-94 Labor Contract Between the City of Owasso and FOP Lodge #149. Mr Ray Attachment #8 Staff will recommend City Council approval of an amendment that will change the official work period to 28 days, delete clothing and cleaning allowance payments, provide for cleaning service, and provide uniforms. i ~ Owasso City Council June 15, 1993 Page 3 9. Consideration and Appropriate Action Relating to a Request for City Council Approval of a Contract for Police Uniform Cleaning Services. Chief Smith Attachment #9 Staff will recommend Council approval of a one year contract with Yale Cleaners in the amount of $13,020 yearly for the purpose of providing uniform cleaning services to the Owasso Police Department. 10. Consideration and Appropriate Action Relating to Ordinance #463, an Ordinance Amending Part 9, Chapter 1, Section 9-113 of the Owasso Code of Ordinances and Eliminating the Requirement that Certain Businesses Pay For and Maintain a Business License. Councilor Barnhouse Attachment #10 ~ Councilor Barnhouse will present a request that certain Owasso Business Licenses be eliminated through Ordinance #463. The Staff supports this change in the City Code and recommends Council adoption of Ordinance #463. r ' 11. Consideration and Appropriate Action Relating to Resolution #93-06, a Resolution Authorizing the Approval and Execution of a Lending Agreement Wherein the City of Owasso Would Acquire "Revenue Anticipation Notes" of the Owasso Public Golf ' Authority in the Amount of $400,000. Mr Ray Mr Cates ' Attachment #11 Staff will recommend City Council adoption of Resolution #93-06 providing for a loan ' of $400,000 through the acquisition of "Revenue Anticipation Notes" for the authority. li Owasso City Council June 15, 1993 Page 4 12. Consideration and Appropriate Action Relating to a "Recreation Facilities Project Agreement" Between the City of Owasso and the Owasso Public Golf Authority. Mr Ray Attachment #12 Provisions of the 1992 OPGA Revenue Bond Issue included an agreement between the City and the OPGA, which must be acted upon each year prior to June 30. Staff will present the agreement and will recommend that it be extended for one year. 1 1 1 13. Consideration and Appropriate Action Relating to a Request for the Establishment of a "Committee on the Development of Youth Activities" and Appointment of Such ~ Committee Chairperson. Councilor Bums Attachment #13 Councilor Burris will request that an Owasso Committee on the Development of Youth Activities be created and that a chairperson be appointed. The staff supports the creation of this committee and recommends Council approval of the request. ,~ 14. Consideration and Appropriate Action Relating to a Request for City Council Approval of a Final Plat for Ram Plaza, Such Subdivision Comprised of a Portion of the SE/4 of '~ Section 20, Township 21 North, Range 14 East, in the City of Owasso, Tulsa County, ,~ Oklahoma; Generally Located at the Northwest Corner of East 86th Street North and 129th East Avenue. Mr Rooney Attachment #14 Staff will recommend Council approval of the final plat for Ram Plaza. Owasso City Council Tune 15, 1993 ~ Page 5 15. Consideration and Appropriate Action Relating to a Request for Acceptance of the Final Plat for Brentwood Estates, an Addition to the City of Owasso, Tulsa County, Oklahoma; Generally Located 1/2 Mile East of the Northeast Corner of 86th Street North and 129th East Avenue. Mr Rooney Attachment #15 Staff will recommend Council approval of the final plat for Brentwood Estates. 16. Consideration and Appropriate Action Relating to a Request for the Purchase of Playground Equipment and Material for the Installation of Such Equipment. Mr Rooney Attachment #16 ' Staff will recommend City Council approval of an expenditure of $9282 to Aaron Fence Company, Tulsa, for the purchase of two pieces of playground equipment; $1474 to Rex Playground Equipment, Oklahoma City for the purchase of safety fill ground cover; and ' $1130 to various vendors for the purchase of additional items to ensure proper installation of the equipment. ^ ..~ 17. Consideration and Appropriate Action Relating to a Request for Authorization to Solicit Bids for Improvements to the Water, Wastewater, and Street Systems Funded by a CDBG-ED Grant, Project #5252 (Max Buchanan Infrastructure). Mr Munn ~ Attachment #17 Staff will recommend that the City Council authorize the staff to solicit bids for the construction of water mains, wastewater collection mains, and the extension of South Main Street to the Max Buchanan site. Owasso City Council June 15, 1993 Page 6 ~ 18 Consideration and Appropriate Action Relating to an "Interlocal Governmental Agreement" Between the City of Owasso and the Board of County Commissioners of Tulsa, County, Oklahoma Mr Compton Attachment #18 Staff will recommend City Council approval of an "Interlocal Governmental Agreement" providing for the paving of South Main Street and Fifth Avenue improvements, funded by CDBG-ED Grant #5252. 19. Consideration and Appropriate Action Relating to an "Interlocal Governmental Agreement" Between the City of Owasso and the Board of County Commissioners of Tulsa County, Oklahoma. Mr Ray Attachment #19 Staff will recommend City Council approval of an "Interlocal Governmental Agreement" providing for the construction of a public street providing access to the Bailey Golf Ranch clubhouse area. 20. Consideration and Appropriate Action Relating to an Amendment of the FY 1992-93 Budget Creating an "Other Fund" Budget for the CDBG-ED Contract #4626 (Woods Products Loan). Ms Bishop Attachment #20 Owasso City Council June 15, 1993 Page 7 21. Consideration and Appropriate Action Relating to a Request for an Amendment to the City Garage Fund Budget. Ms Bishop Attachment #21 Staff will recommend City Council approval of an amendment to the City Garage Fund budget increasing expenses by $8,000 for purchasing parts and fuel, and increasing revenues by $8,000 from sales of parts and fuel. 22. Consideration and Appropriate Action Relating to a Grant Offer from the Federal Emergency Management Agency. Mr Ray Attachment #22 Staff will recommend Council acceptance of a grant of $4750 from FEMA for the purchase of eight warning siren receiver/decoders. i~ Owasso City Council June 15, 1993 Page 8 25. Unfinished Business OWASSO CITY COUNCII. T~IINUTES OF REGULAR MEETING Tuesday, June 1, 1993 The Owasso City Council met in regular session on Tuesday, June 1, 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, May 28, 1993. ITEM l: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p. m. ITEM 2: FLAG SALUTE The flag salute was led by Mayor Randolph. ITEM 3: ROLL CALL PRESENT ABSENT Bob Randolph, Mayor Unfilled Position John Phillips, Vice Mayor Mary Lou Barnhouse, Councilmember Charles Burns, Councilmember STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES OF May 18, 1993 REGULAR MEETING. Charles Bums moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. AYE: Bums, Phillips, Barnhouse, Randolph NAY: None Motion carved 4-0. Owasso City Council ITEM 5: REQUEST APPROVAL OF THE CLAIMS X11 June 1, 1993 John Phillips moved, seconded by Charles Bums, to approve the following claims and addendum as submitted: (1) General Fund $47,481.22, including $22,729.16 Interfund Transfers; (2) Workers' Compensation Self-Insurance Plan $749.72; (3) Ambulance Service Fund $8,072.49, including $7,500 Interfund Transfers; (4) E-911 Fund $2,863.78, including $833.34 Interfund Transfers; (5) 4626 CDBG-EDF 90 $100.00; (6) City Garage $3,382.54; (7) General Fund Payroll $83,902.58; (8) City Garage Payroll $3,454.16. AYE: Phillips, Burris, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A STAFF RECOMMENDATION TO NAME THE ENTRANCE ROAD AT THE GOLF COURSE "LARKIN BAILEY BOULEVARD" . For several years the City has followed an implied policy to disallow descriptive street names in new developments, following instead the numbering system utilized by Tulsa County. The Owasso Public Golf Authority and the Larkin Bailey Trust have recently indicated a desire to have the entrance road to the golf course and future residential development named in honor of the man who donated the property for the golf facility. The proposed name of the street is "LARKIN BAILEY BOULEVARD". Charles Bums moved, seconded by John Phillips, to approve an exception to the practice of using only numbered street names in the case of the entrance road to the public golf course, and direct the staff to name the street "LARKIN BAILEY BOULEVARD". AYE: Phillips, Burns, Barnhouse, Randolph NAY: None Motion carried 4-0. 2 t Owasso City Council June 1, 1993 ' ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A DEDICATION OF RIGHTS- ' OF-WAY TO THE PUBLIC FOR THE PURPOSE OF CONSTRUCTION IMPROVEMENTS TO THE MUNICIPAL STREET SYSTEM. ~ The Owasso Public Golf Authority proposes to construct an entrance roadway from 97th East Avenue to the golf course clubhouse area. As the residential area is developed, this roadway will be extended and used as a collector street. In order to begin construction of a public street, the OPGA and Bailey Trust need to dedicate rights-of--way to the public and the City Council ,.,~ must accept the dedication of those rights-of--way. The OPGA has approved such dedication and requests acceptance by the City Council. John Phillips moved, seconded by Mayor Randolph, ' to accept the dedication of rights-of--way for the entrance road to the clubhouse site and authorize the Mayor to execute the document. ^ AYE: Phillips, Randolph, Bums, Barnhouse NAY: None Motion carried 4-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE OF MATERIAL TO BE UTILIZED IN THE ~ CONSTRUCTION OF A PEDESTRIAN BRIDGE IN RAYOLA PARK. Staff is proposing a new 35' steel frame bridge with a wood plank walking surface be constructed to replace the southernmost bridge across the drainage ditch between the recreation ~ center and the area of Rayola Park containing the swimming pool and picnic shelter. The bridge that is now there has deteriorated and become unsafe. The bridge will be constructed by city t crews, with funding for materials coming from monies remaining in the FY92-93 budget. It is estimated that materials will cost $1345. Charles Bums moved, seconded by John Phillips, to approve the expenditure of $1345 to Quick Service Steel for the purchase of material for ~ construction of a bridge at Rayola Park. AYE: Bums, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0. 3 Owasso City Council June 1 1993 ^ ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #462. AN ORDINANCE REGULATING CONNECTIONS TO THE MUI~IICIPAL WASTEWATER COLLECTION SYSTEM AND SPECIFICALLY THOSE CONNECTIONS TO THAT PART OF THE WASTEWATER COLLECTION SYSTEM FUNDED BY GRANT #5252 CDBG-ED92 (MAX BUCHANAN INFRASTRUCTURE GRAN'I~ One of the requirements made by the Oklahoma Department of Commerce in relation to the above mentioned grant is that any business which ties onto the new wastewater or water lines ' during the next three years must provide job creation information. ODOC is requiring that the City amend its current wastewater ordinance to include such a provision. John Phillips moved, seconded by Mayor Randolph, to approve Ordinance #462 amending the current wastewater t ordinance. AYE: Phillips, Randolph, Barnhouse, Bums ' NAY: None Motion carried 4-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ~ REQUEST FOR THE PURCHASE AND INSTALLATION OF EQUIPMENT AT THE MUNICIPAL POOL. It has been determined that the hot water heating system at the municipal pool has not been ~ functioning for the last seven to ten years and needs to be replaced. The Health Department has made that a condition of continued pool operation. Plumbing contractors were contacted for ' proposals for a natural gas water heater, a master tempering valve, copper lines, and all associated labor and materials. Three proposals were submitted, with Mullin Plumbing, Inc of Broken Arrow being the lowest. Mayor Randolph moved, seconded by Charles Bums, to ~' approve the expenditure of $2606.50 to Mullin Plumbing for the purchase and installation of a water heater and plumbing necessary to operate the pool according to Health Department rules. AYE: Randolph, Bums, Phillips, Barnhouse NAY: None Motion carved 4-0. 4 1 1 1 1 i Owasso City Council June 1, 1993 ' ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #461. AN ORDINANCE RELATING TO A REQUEST TO ' REZONE A TRACT OF LAND LOCATED IN THE NE/4 NW/4 NW/4 OF SECTION 32. T21N. R14E, CITY OF OWASSO. TULSA COUNTYs OKLAHOMA. FROM AG TO CG: GENERALLY LOCATED ON EAST 76TH ' STREET NORTH, EAST OF HIGHWAY 169. BETWEEN PERRY'S RESTAURANT AND OWASSO VETERINARY CLINIC ~OZ-93,Z The Owasso Planning Commission held a public hearing on May 24, 1993 on rezoning case OZ- 93. All questions pertaining to a sewer line to the property have been satisfactorily answered, and the Planning Commission unanimously recommended approval of the request. Charles Bums moved, seconded by John Phillips, to approve Ordinance #461, rezoning land from AG to CG. AYE: Bums, Phillips, Barnhouse, Randolph NAY: None ' Motion carried 4-0. i~ i~ ii n ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RE UEST FOR ACCEPTANCE OF THE FINAL PLAT FOR DOUBLE OAKS III. AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA: GENERALLY LOCATED WEST OF 129TH EAST AVENUE, JUST SOUTH OF EAST 82ND STREET NORTH. The final plat for Double Oaks III has been reviewed by the Technical Advisory Committee and was approved by the Planning Commission on May 20, 1993. The plat complies with the Owasso Subdivision Regulations and all recommendations of the Technical Advisory Committee. Charles Bums moved, seconded by Mary Lou Barnhouse, to accept the final plat for Double Oaks III. AYE: Bums, Barnhouse, Phillips, Randolph NAY: None Motion carried 4-0. 5 ii Owasso City Council June 1, 1993 ~~ ITEM 1 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ACCEPTANCE OF THE FINAL PLAT FOR WINDSOR LAKE II. AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY OKLAHOMA: GENERALLY LOCATED JUST SOUTH OF WINDSOR LAKE I. THIS IS A RESUBMITTAL OF A FINAL PLAT PREVIOUSLY APPROVED BY THE OWASSO CITY COUNCIL. The final plat for Windsor Lake II was approved by the City Council in February of 1993, but the developer has not filed the plat with Tulsa County. Some modifications to the plat have been made, with four lots being removed. Those four lots will be added to the proposed Windsor Lake III development. The Technical Advisory Committee has reviewed the plat and the ~ Planning Commission gave their approval on May 20, 1993. Charles Bums moved, seconded by John Phillips, to accept the resubmitted final plat for Windsor Lake II, rendering the - previously approved plat null and void. ,~ AYE: Bums, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A , RE UEST FOR CITY COUNCIL ACCEPTANCE OF WATER WASTEWATER. STORMWATER. AND STREET ADDITIONS TO THE ' CITY'S SYSTEMS FROM TRAILS END DEVELOPMENT INC FOR WINDSOR LAKE II ADDITION. Trails End Development Inc is requesting that the water lines, sanitary sewer lines, street, and storm sewer systems for Windsor Lake II be accepted by the City of Owasso. The Oklahoma State Department of Health has approved the construction plans and issued permits for water lines and sanitary sewer lines. City staff has inspected all phases of the infrastructure during the construction and at completion and recommends acceptance. John Phillips moved, seconded by Charles Bums, to accept the water, wastewater, stormwater, and street additions to the City's systems. AYE: Bums, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0. 6 1 ' Owasso City Council ii i~ n June 1, 1993 ITEM 1 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST AUTHORIZING THE CITY ATTORNEY TO FILE A "DISCLAIMER OF INTEREST" WITH THE DISTRICT COURT IN THE MATTER OF U.S.A. VS THOMAS W CUNNINGS, ET AL. The City of Owasso has been named as a co-defendant in a foreclosure legal action because of the possibility that there may be special assessments against the property by the City. Staff has reviewed the files for special assessments and found none. The City Attorney is recommending that a "disclaimer of interest" be filed to removed the City from the legal action. John Phillips moved, seconded by Mayor Randolph, to authorize the City Attorney to file a "disclaimer of interest" in the above mentioned case. Because of a possible conflict of interest, Charles Bums recused from considering the question. AYE: Phillips, Randolph, Barnhouse NAY: None Motion carved 3-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF A MEMBER OF THE CITY COUNCIL TO A ONE-YEAR TERM AS TRUSTEE OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY. Former Council Member Patricia Marlar has been serving as the Council appointee to the Owasso Economic Development Authority. Because she is no longer a member of the Council, that position is now vacant. Mayor Randolph asked that he be confirmed as the City Council appointee to a one-year term as Trustee of the Owasso Economic Development Authority, and so moved. Motion was seconded by Mary Lou Barnhouse. AYE: Randolph, Barnhouse, Bums, Phillips NAY: None Motion carried 4-0. ITEM 17: REPORT FROM CITY MANAGER No report. ITEM 18: REPORT FROM CITY ATTORNEY No report. 7 Owasso City Council ITEM 19: UNFINISHED BUSINESS None. ITEM 20: NEW BUSINESS None. ITEM 21: ADJOURNMENT John Phillips moved, seconded by Mayor Randolph to adjourn. AYE: Phillips, Randolph, Bums, Barnhouse NAY: None Motion carried 4-0 and the meeting was adjourned at 7:30 p. m. June 1, 1993 Bob Randolph, Mayor Marcia Boutwell, City Clerk 8 T. OWASSO CITY COUNCII. MINUTES OF SPECIAL MEETING Tuesday, June 8, 1993 The Owasso City Council met in a joint special session with the Owasso Public Works Authority on Tuesday, June 8, 1993 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Public Hearing and Agenda posted on the City Hall bulletin board at 4:00 p. m. on Friday, June 4, 1993. ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p. m. ITEM 2: FLAG SALUTE The flag salute was led by Mayor Randolph. ITEM 3: ROLL CALL PRESENT ABSENT Unfilled Position i~ Bob Randolph, Mayor/Chairperson John Phillips, Vice Mayor/Vice Chairperson Mary Lou Barnhouse, Councilmember/Trustee Charles Burns, Councilmember/Trustee STAFF Rodney J Ray, City Manager/OPWA Manager Ronald D Cates, City Attorney/Authority Attorney Marcia Boutwell, City Clerk/Authority Secretary A quorum was declared present. ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE SELECTION OF A QUALIFIED ELECTOR TO FILL A VACANCY IN THE POSITION OF COUNCILOR FOR WARD 5 Letter of interest for the position of Ward 5 Councilmember were received by the City Clerk according to the adopted policy. Six persons indicated their interest, however, one letter was received after the posted deadline and could not be considered. Mayor Randolph asked that the other five applicants briefly address the Council. The applicants were: Jerry Duke, Brian Skelton, Jody Cunningham (not present), Rex Bowen, and W Jack McClain. Following their presentations, Charles Bums moved for the election of Jerry Duke to the position of Ward 5 Councilmember. Motion was seconded by Mary Lou Barnhouse. ii .. •~ Owasso City Council AYE: Bums, Barnhouse, NAY: Phillips, Randolph The motion was defeated 2-2. Mayor Randolph moved for the election of Brian Skelton to the position of Ward 5 Councilmember. Motion was seconded by John Phillips. AYE: Randolph, Phillips NAY: Bums, Barnhouse The motion was defeated 2-2. Mayor Randolph again moved for a election of Councilor Burris called for a point o rder on the c position for which that person had just been defeatf with the response that any question bro ght up for the same meeting. Mayor Randolph moved, seconded by Jo P councilor until the next City Council meetin d position. an Skelton, seconded by John Phillips. lion of nominating a person for the same The City Attorney clarified the question and defeated cannot be raised again at ips, to postpone the election of a Ward 5 to re-advertize for letters of interest for the AYE: Randolph, Phillips, Barnhouse, NAY: None Motion carried 4-0. ITEM 5: Pursuant to the action taken on Item% #4, this item stricken from the agenda. ITEM 6: \J City staff has recently met with ODOT representatives to discuss traffic signalization at the U.S. 169 and 76th Street interchange. The City was asked to update plans for the project to meet current ODOT standards in time to meet the October 1993 fiscal year end, at which time they believe there will be funds for the project. After reviewing firms currently doing ODOT 2 June 8, 1993 1 a Owasso City Council AYE: Burns, Barnhouse, NAY: Phillips, Randolph The motion was defeated 2-2. June 8, 1993 Mayor Randolph moved for the election of Brian Skelton to the position of Ward 5 Councilmember. Motion was seconded by John Phillips. AYE: Randolph, Phillips NAY: Burris, Barnhouse The motion was defeated 2-2. Mayor Randolph again moved for the election of Brian Skelton, seconded by John Phillips. Councilor Burns called for a point of order on the question of nominating a person for the same position for which that person had just been defeated. The City Attorney clarified the question with the response that any question brought up for vote and defeated cannot be raised again at the same meeting. Mayor Randolph moved, seconded by John Phillips, to postpone the election of a Ward 5 councilor until the first City Council meeting in July, and to re-advertize for letters of interest for the position. AYE: Randolph, Phillips, Barnhouse, Burns NAY: None Motion carried 4-0. ITEM 5: OATH OF OFFICE ADMINISTERED TO WARD 5 COUNCILMEMBER Pursuant to the action taken on Item #4, this item was stricken from the agenda. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT FOR THE PURPOSE OF UPGRADING ENGINEERING PLANS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT 76TH STREET NORTH AND U.S. HIGHWAY 169. City staff has recently met with ODOT representatives to discuss traffic signalization at the U.S. 169 and 76th Street interchange. The City was asked to update plans for the project to meet current ODOT standards in time to meet the October 1993 fiscal year end, at which time they believe there will be funds for the project. After reviewing firms currently doing ODOT 2 J •~ r' A ii I ~ Owasso City Council June 8, 1993 projects, staff selected Traffic Engineering Consultants as the firm best qualified to quickly update the plans. A contract has been developed at a cost of $2000 for the work, with plans completed and submitted to ODOT by August 15, 1993. Charles Bums moved, seconded by John Phillips, to approve a contract with Traffic Engineering Consultants in the amount of $2000 to update plans for the 76th Street/Highway 169 signalization, and to authorize the Mayor to execute the documents. AYE: Bums, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 7: PRESENTATION AND OPEN DISCUSSION, INCLUDING PUBLIC COMMENT. OF THE FISCAL 1993-94 BUDGET. Mr Ray and Ms Bishop presented the proposed FY 93-94 budget at a public hearing. Several citizens were in attendance. Following their presentation, the Mayor received questions and comments from the bench and the public, with response from the staff. ITEM 8: ADJOURNMENT Charles Bums moved, seconded by John Phillips to adjourn. AYE: Bums, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0 and the meeting was adjourned at 9:00 p.m. Bob Randolph, Mayor/Chairperson i~ ~, Marcia Boutwell, City Clerk/Secretary 3 CITY OF OWA5SO GENERAL FUND 6/11:'93 ?:35:50 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- MANAGERIAL ------------------------------ 9324!)1 OKLAHOMA STATE jJtiIVERSITY REGISTRATION 37~.Q0 932464 DOZIER PRINTING PRINTING 264.12 '~3247~ CELLifLAR ONE-TULSA 5'93 L1SE 11.7 9~i2484 TREAE~URER PETTY MASH REIML PETTY tYASH 66.27 ='32485 CITY GARAGE FUEL 10.40 DEPARTMENT TOTAL ====3 722.49 FINANCE ------------------------------ ti~ - ~ 1~P'= TC T L' ~ ~~~ (-• t T ; . ., '7 .t •• .;_!t]'4 _ _ BL._.ti.,.~.~. IN._. ~..~ .~ A:SSIST EE ~ i, 11 9:~:?4;?:~ TP'EA:_~??RER PETTY CA:=,H FEiM1j PETTY CASH 11 .'?=~ DEPARTMENT TOTAL = _ _ _) 2.'_!' . 98 COMMUNITY DEVELOPMENT ------------------------------ ;,?•~4^~ t_ET LTTF dP ENE-T;1L:_A Si'?.~ USE 14.4;; ?34''3 ''X =~TATE DEPT OF HEALTH LIt=EN'3E RE;iEWAL 5ti,r!t] '=~:E~:~^4 Cf~: STATE DEPT C?F HEALTH ;._ItvE?iSE P'EtiEWAL 7`.rtr '~~?~4$4 T:~EAS??RER PETTY ~~A'EH REitiB PETT`i t~A'=H `.tit] Q3=45 CITY GARAGE FUEL 2G5.'6 93?4'I!6 CIT'r GARAGE FARTS 49.8 C~EPARTMENT TOTAL =___:> 450.Ob A{'TjiTr_TnfT ~^r1t1~,~,. ------------------------------ -=u)542 CHARLE~_ RAMSEY =~ERVICE~E ?nn.t]t] '?32-i5.I! LAW ENFORCEME:iT 5'rE~TEMS. CITATIOti c~OOKS 655.00 '-x'''465 U'= Fn'3TMA'ETER F!?STA!=E 216. fit ,~3.`46~ 'EtJBURFAN OFFICE =:.~FPL: _tj;'FLIE~6 ~:~. _ DEPARTMENT TOTAL =___; 1.44."6 EHGI1iEERING ------------------------------ ?:in:3;:3 FOH?i ;??J;i*i Eti%INEERING SERVICE:.. 3,2~3.~-~.5 i~ 3 CITY OF OWASSO GENERAL FUND 0%llf~3 7:35:54 AiP CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 932485 CITY GARAGE FUEL .i1.5L 9324c~0 CITY GARAGE PART'S 141.07 DEPARTMENT TOTAL =___~ 3,397.15 GENERAL GOVERNMENT ------------------------------ 930025 LEASE AMERICA LEASE 429,00 'x:30026 WESTERN BUSINESS FRODUCTS COPIER MAINT 280,0t? '~3~!t?~? OKLAHOtdA BUSINESS NEWS LEGIS REPORTER 3`,c1Q ~?t?2'?3 3T FRANCIS HOSPITAL-EAP dUAP.TERLY FEES 1'?i . Qg ?324:x? RETHERFORU PUBLICATION': LEGAL NOTICE ~:~~.~` ~a?243ti OML MUNICIPAL ASStiRAHCE INSURANCE i'=.t?'? '~?~4=.? TF'EA=IJRER PETTY !'A:_H DOC MEALS 148.9, ,a:,24;~t= CITY GARAGE FUEL 151. $4 a:i;':~B,ti CIT`i GARAGE PARTS 84.^0 'a?'S0y THREE LAKES MINI STORAGE RE?iTAL 7.'li'93-1t?:1i93 1=,t?.C~i] DEPARTMENT TOTAL =___:% 1. J~?.'~5 MAINTE'~A;TCE ------------------------------ -'_;~4`~. KIMBALL At=E HAFL~:ARE =UFF'LIE:O ',h.i ~~:~2--:~~3 TRE9'~UuER PETTY GA~Sii REIiB F~ETTY CASH ?4.s$ ?:3~=~8`~ CITY GARAGE FUEL _.3y DEPARTMENT TOTAL =___:~ 50.'4 CEME?'ER`? ------------------------------ ?:j~~ ;n IMBn~,. A= . HA..DWtiR~ S~, PL~t.~ .__ •~:i24~.j CIT`i ~=ARAGE PANS 1~Is.5~ LEPARTMEPIT TOTAL =____ '~j.41 POLIi~E :=.ERVIt,Er: ------------------------------ 9?iit)~` LEA:EE AMERICA LEASE ?36.00 9:3t?C~?;' iDENTI-KIT CAD IHC iLiENTI KIT' LEASE 34.00 •=+_~On?? r~EPT ~'F P[IBLIC ~SAFET`i TELETYPE LEAS=E ~'~?,t?~~ '-x'132,3 DEFT ~~F Pi1BLI{: SAFET`i TF'AINING =~~.4t1 4 CITY OF DWASSD GENERAL FUND b%11/93 7:35;50 A/P GLAIMS REPORT APAPVR PAGE: 5 PD # ---------- VENDOR ------------------------- DESCRIPTION -------------------- AMOUNT ----- ------------- X32299 CELL?rLAR ONE-T7JLSA 5:93 USE 154,43 932303 WAL-MART SUPPLIES 54.05 9 3304 MOULDER OLDHAM CD SUPPLIES '?8.41 932305 REASDRS PRICE RITE SUPPLIES 32.40 932485 CITY GARAGE FUEL 1.594.00 . 9:32495 CITY GARAGE PARTS 815.92 9'325t)t) MARK CLEVELAND TUITION REIMS 147.00 932501 KENNETH YDUNT TUITION REIMB 147.Ot) 932`02 RICH DE ARMDND TUITION REIMB 73.50 932505 DALE Rr LEE SERVICE REPAIRS 118.30 932507 OFFICE UEF'DT CARD FLAN SUPPLIES 55.49 ?32509 VIBES MINI-STORAGE RENTAL 30.00 9:32511 SHARPER IMAGE CARPET CLEF, SERVICES 35.00 932513 RANDY BRDCK TUITION REIMB 294.00 DEPARTMENT TOTAL =___: 4.533.99 CENTRP.L DI'=PATCH ------------------------------ ':32410 WAL-MART :_irPPLIES 104,49 932499 S:ONYA DEARMDND T?rITIDN REihiB ?'20.5t'1 DEPARTMENT TOTAL =___. '3~4.'-r9 A?IIMAL CONTkOL ------------------------------ '32300 DWASSO VET HOSPITAL SERVICES 98.00 932302 WAL-MART SUPPLIES 30.78 93245E CIT`I GARAGE FUEL 51.'29 932495 CITY GARAGE PART'S 41.34 DEFARTMEiI:' TOTAL =___ 4?2.'~0 FIRr ERr~'CE:; ------------------------------ 4:3{?t)59 WILLIAM F. O'MEARA, .IR. LEASE 347.c~4 '319?'Z uAL-MART =~UPPLIES ~2.'a5 '~:i'~~J._':' ACCr1RATE FIRE E~+iJIP?~1EiIT REc=HARGE EtTINt=UISHERS 11~_~.t15 ;32074 KIMBALL ACE HARDWARE '=:rrPF'LIEa li),_.$9 932075 O~1AS'3O AUTO ti?rPPLY SrJPFLIES .54..r, '-32325 CELLULAR t7i{E-TULSA 5'?3 UE;E ~'-x.90 932.E^? D4N THDRNTDN FORD INC AMBr1LAtICE REPAIR b7.:i0 '~32~7~~ PHYSIO CDNTRt~L REFAIRti~ 255.00 i~ CITY OF OWASSO GENERAL FUND bilii93 7:35:50 A,'P CLAIMS F.EPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMD1JNT ---------- ------------------------- ------------------------- ------------- ~3~~374 STANL>ARD AtiTO SUPPLY PAP.TS 24.92 ~32~378 NAPA AUTO PARTS PARTS 254,88 032484 TREASUREP. PETTY CASH REIMB PETT`l CASH 11.92 ?$24$5 CITY GARAGE FiJEL 295.38 '?3245 MGCAW COMMCiNICATIONS PACER RENTAL 4b.90 4324~5 TUXALL U?{IFORM R~ E~.~UIP UNIFORM St1PPLIES 39. ~5 9.j2497 NAPA AUTO PARTS PARTS 35.10 DEPARTMENT TOTAL =___> 1,71'?.03 GI'IL DEFENSE ------------------------------ ?32475 CELLi?LAR ONE-TULSA `- '~.{ USEJSTAMPER 11.5x; EPARTMENT TOTAL =___> 11,50 STPIET'= ------------------------------ ?.22040 GREEN Crr1NTRY Oi1TDODR EC=ri GAS TRIMMER 479,99 ''?32255 ARLEY DWENS MOWING%ATOR EASEh1ENT :j9.00 X32296 ~`,IMBALL AiE H:,RDWARE '=;tJPF'LIE:= ?6,+J1 '-~32:36b K ~~ M ENTERPF'I'~ES MOWING•'MEDIAN 6t),c10 '?31441 E!Ot1iPMEtiT O;~E RENTAL _ SA E'.:?iIYME:iT RENTAL 4?,?Q 93244:1 LARRY TURNER MOwIiIGIRIGHT-OF-~+1Ai' 70.00 X3,'444 WAL-MART BOOTS 'vb.8' '?32404 TREASURER PETTY CA'EH REIMB PETT7 CA;EH 4:j.'?b '?32485 CITY GARAGE FUEL .389.%? X32486 CITY GARAGE CARTS 1,32.43 '?3:'_516 JAMES REDFEAR,i MOWiN~= 4011.00 DEPARTMENT ,TOTAL =___:` 3.~°~5.5-' RECREATION CENTER ------------------------------ a_i1~5'? RENE DC.*E^T'; ~ic]r'L.~ F'ERF'=~_T ~;LA~3~3 ?~i.:'1 '?3248` t_ITY )GARAGE FUEL 9.04 '?:j~4~?6 ~:ITY ~3ARAGE PAfiT:_, .°5 DEPARTP~!EtiT TOTAL =___? 34.?'? 6 ------------------------------ i~ CITY OF OWASSO GENERAL FUND c!11/9:3 7;35:50 A;P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 932417 KIMBALL ACE HARDWARE X32413 GRAINGER.W W INC 932435 AMEPICAN POOL SUPPLY X32433 UNITED INDUSTRIES, ING 932455 ATLAS UTILITY CO y324n8 WAL-MART 93~4?~5 AMERICAN POOL SUPPLY 93'2484 TREASURER PETTY CASH 9:3251!] WAL-MART FAINT POOL LAMP CHEMICALS FILTEP. P.EPATF. POOL FILTER SUPPLIE`~~ PARTS REIidB PETTY CASH SUPPLIES 122.13 218,35 491.54 891.29 4,100.00 21.G4 150.45 ~ . 1 9 119.92 DEPARTMENT TOTAL =___> CMM'JNITY CENTER ------------------------------ y30000 UNITED P.PTIST'~ {=ABLE ~3'~44~) OFFICE DEPOT CARD PLAN ~~:3:~479 MCCLAIN BILLIARD SALES ~~2a34 TREA~~UREF.. PETTY CASH ~3~~4 CITY r,ARA~=E '?~~~48b CITY GAFA~:?E L~EPARTMEiiT TOTAL = _ _ _. FARk M~ iidTEti?i;~=E ------------------------------ '~:31''?5 CINTAS CORP. ~':?,'1~~R WATER PF.'ODUCTS INC ~:3'~202 AUDRE`i PEEVE ~32:3~7 £iiLOW FORD TRACTOR. INC '?32.i~; H?1~3HE= L?1MBER GQ ?:341'? KIMBALL ACE HARDi-IARE '?3~?4.1 ~'~iJI~=~: SERVICE 4TEEL 93234 TREA'_?TRER PETTY CA:=H '?3248` CIT`i CARAT=E 9:3~48~5 GIT`i GARA{=E DEPARTMENT TOTAL =___: ------------------------------ TILE '=~UPPLIE' POOL TkL~LE REPAIR REIMB PETTY CA'~H FiJEL FARTS iJNIFORM CLEAidINi3!RENTAL 3itPPLIES SERVICES/ELM CREEK FINISH i1OWER BLADES MATERIAL '~iJF'PLIE: STEEL 'EIMB FETTY CASH F?tE L PART', 0~4;~1 RETHERFC:PL; °iJBL:CATIvNS ~EGAL i~OTI'E DEFARTMEiiT TOTAL =___ h. 122.71 x`.53 ~~~..3n ,~~.41 2.50 «.'~4 G".94 '~=~.~~ 93.:ij %4.12 150.00 53.08 3I~5.7h 108.4? 1.342.50 ^~, iG 1_,4,C,c X1.80 ,.404.9 '~~ . 5 0 ~4.,ti0 7 CITY OF OWASSO GENERAL FUND x/11%9$ 7:35:50 A%P CLAIMS REPORT APAPVR PAGE: 8 PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- FtiHD TOTAL = _ _ _ ) CITY OF DWASSD WORKERS' COMP SELF-INS PLAN 5/11!93 7:35:50 A!P CLAIMS REPORT APAPVR PAGE: PD 4 VENDOR DESGRIFTION AMOUNT ---------- ------------------------- ------------------------- ------------- GENERAL GDVEP,NMENT ------------------------------ 93p60n DARP.ELL EVANS T.T.D.!EVANS 932237 CENTRAL STATES ORTHOPEDIC CLAIMiEVANS 932345 NE?1RDLDGICAL SURGERY INC CLAIMIEVANS 'x'32255 ASSOCIATED ANESTHESIDLCGI ~~LAIM./EVAPiS 93234? HALE ~ WHITE PARTNERSHIP CLAIMiEVANS 932348 RADIOLOGY GONSULTAHTS DF CLAIMlEVANS 93238 ST FRANCIS HOSPITAL CLAIMfETJANS 93'381 CENTRAL STATES ORTHOPEDIC GLAIM,'EVANS 932:388 SPRINGER CLINIC CLAIM!STUCKEY 9:324G9 CENTRAL STATES ORTHOPEDIC CLAIMiEVANS DEPARTMEidT TOTAL =___; F?JtiD TOTAL = _ _ _'• 525.72 3.4;:3.55 ?.822.5 757.9n 95.0 72.5 5,139.1 54.0 220.Ot) 15~~.Ot) 13.~2i.4? 13,421.47 1 CITY OF OWASSO AMBULANCE SERVICE FUND 6ii1i93 ":35:50 AiP CLAIMS REPOP,T APAPVF. PAGE; PO # VENDOR DESCRIPTION AMO?1?iT ---------- ------------------------- ------------------------- ------------- AMB[TLANGE ------------------------------ 932325 CELLULAR ONE-T?TLSA 5193 USE 932353 ALLIANCE MEDICAL. INC. EMS SUPPLIES 92354 ALLIANCE MEDICAL. INC. EM'S SUPPLIES 9323c9 J & P AUTO REPAIP.S ?32379 MEDICAL COMPLIANCE SPECIA BIO WASTE DISPOSAL 932438 EMERGENCY MEDICAL PRODUCT SUPPLIES 932489 MATRx MEDICAL INC. SUPPLIES 932492 VOLC?NTEER AMBULANt ~E RUNS 932498 MOORS MEDICAL CORP SUPPLIES I'EPART~IENT TOTAL =___% FUND TOTAL =___~ 34.4Q 2~.2~) 433.43 95.^~ 50.Q0 339.00 83.41 495.00 151.5 1 '''0.'1 .~ 2 CITY OF OWASSO SENIOR CITIZENS 6/11%93 7:35:5Q A%P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- SENIOR CITIZENS ------------------------------ 9:324?9 MCCLAIH BILLIAP.D SALES DEPARTMENT TOTAL =___> FjJND TOTAL =___~ POOL TABLE REPAIR 1??.59 1~".5 1??,5y 10 CITY OF OWA55O CAPITAL IMPROVEMEIiTS 6/11%93 ':35:50 A!P CLAIMS REPORT AFAPVR PAGE: FO # VENDOR DESCRIPTION AMOUtIT ---------- ------------------------- ------------------------- ------------- FIRE SEP.VICES ------------------------------ 932469 Tt1L5A DAILt LEGAL HEWS LEGAL tiOTICE 146.33 DEPARTMEtiT TOTAL =___. 1n.;,.g:; 1S ^ FUND TOTAL =___} 106.33 GRAND TOTAL =___> 134.3'22.3% i~ CITY OF OWASSO DEBT SERVICE 6/11;93 ?:35:50 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCP.IPTIOH AMOUNT ---------- ------------------------- ------------------------- ------------- GENERAL OBLIGATION BONDS. 19?3 ------------------------------ 9 3437 LIBERTY TULSA DEPARTMENT TOTAL =___) FUND TOTAL =___) REVENUE BONDS 25.501.34 ~35 . "!? 1.34 25 601.34 9 CITY OF OWASSO CITY GARAGE 6!11/93 7:35:50 A%P CLAIMS P,EPORT APAPVR PAGE: PO # VENDOR DESCRIPTIDH AMOUNT ---------- ------------------------- ------------------------- ------------- CIT`I GARAGE ------------------------------ X32170 WELSCO INC 932272 STA?iDARD ATJTO SUPPLY x'3223'7 NAPA AUTO FARTS G3'23~2 EiiLOW FOP.D TRACTOR. INC 932442 J & P AUTO 9 3434 TREASURER PETTY CASH 932485 CITY GARAGE 4 3486 CITY GARAGE DEPARTMENT TOTAL =___`• FU?iD TOTAL =___.'.~ OXYGEN.`ACETYLENE PARTS PARTS PART'S SEP.VICES REIMB F'ETTY CASH FUEL PARTS 66,40 54.15 1,450.45 L^~. U~~ 85.71 3.52 11,60 26.07 1,'32.50 14 i~ CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 05/29/93 DEPARTMENT AMOUNT Central Dispatch ::.:;:: v :... ~ ~ ..:....: , ;n:.~.::~ :.A~ :} ::n. ::..: •. }}: ~:.... .. ~w.•,:~. ".:~c'w:w,:~~}sd:;t.c~.ak~.ut.~,6ax~x,:.%::v::::::: ..,....,,w....~.•:.{•.•:wr.•.~} .x...h..~~,,:. Fire 25,582.36 :•`.,ni:: ,.}i?Sr¢yw:~~,"t3l`..F~s :`1.; ;:k}~ryy: } ,. v ~y,, : ,yn.}>,:x..::::.•}:,•}:;o}.:};.}>}to}:• ;•}:•;w;};}..~,:,.•~.:•::::.:.:.}~:.:.:a ~:::.;}.:, ::..;.. ~'•~~~~~~~~~?:"•"} ...A : kirY.. ~.W w<•i:},~~ x ~• ..CY:i}rii:::;::'::'}i}}::i;S"i ~;::;t:;}:::• :•:\};:C}},.,.. ,. y..:> .Y.. .0.:. A• .:..5 n;!r..+T{i;'ri:'tk:'}:;:•::tiv:?vri} .:.: ':. : ~:.. ............... ... •.~ ?. •; ..n..n:.\:`•:::n••:;.W..v.:~:.~L;:::;.y;i:}?J:v::::. ~:n}w:}:{L}::v.:.: i:: +r:Y ~'^:•3J':~~~~.•'fl.~:~.`;: Recreation Center ~ ~ •••2,862.S7µ .:: ,. :.:4.}~ ti r {n:}: }:~:i: $;ti:;:i{:'/n'LL•{.,:.}:.!f:.; x.},v, ::.A4.•:{~i:{i}'r,::v%i:•} iiii:>.:.:::: ::::.w...n[:L.:.iiww: ../J.}' }+%},ZL~JY S>wd'.N.fA t0.8Y#wVOti4:3n VdfWd1.00.•vh~SYwACS+.C4'wOiY:ij\AwW.+.41.'.::L'n.:::.+:.w.:ii.;.:x:}::::.~:4}::::::.:[:.::::U{i..'::::: I~CommunitSenior Center 2,218.15 ..... •:•::•:;Rt:. .. ..~'.q°•0.~+.•:. 4P`^f~K,.'•:.~,;~;; Y:•;<V;.~ ~i9~"~:,':•xa..»tw,nr~c>rcetir•~:o,~c,.w„a,:rr,.:,:aw:~~•}.~}:<.}}<.}}:•,.,.xc•;. ....:., .:~::::<.}x:•:},:•}}}}};aw:•.•:w::<:o}.avw }• A~..~oGat.cd;cww}r}w:ki::5:':••}:t•~;r:~:.; •}•i:•}....... .....::..:}:•::::: •. ~::::.~ ~> a v...v ....wh.::.t~.Y.i:'c::}}.:$ico:is~::;:i:::::i::.:cw}.s~f::::::;:.:},.~.r ~~.:`:.:r~.: Economic Development 1,282.04 APPROVED: 06/15/93 Mayor Council Member Council Member ,~ CITY GARAGE PAYROLL PAYMENT REPORT ~; PAY PERIOD ENDING DATE 05/29/93 APPROVED: 06/15/93 Mayor ~' Council Member Council Member ~oxnrmuM TO: THE HONORABLE MAYOR AND CITY COUNCII, CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO ADDRESS CITY COUNCII, FROM MR ED COMPOS DATE: June 10, 1993 BACKGROUND: A citizen, Mr Ed Compos (108 E 20th Ct), has requested an opportunity to address the City Council relative to the fees charged for trash disposal at the Owasso Recycle Center. Although I have not directly spoken with Mr Compos (he spoke to Ms Boutwell and declined her invitation to schedule a meeting with the City Manager), he has informed the staff that he has objection to paying a $6.50 monthly refuse fee and then being charged to dispose of trash at the Recycle Center. It is my understanding that he believes that the fee for disposal at the Recycle Center should be considered to be a part of the normal monthly residential refuse service charge. It is my further understanding that Mr Compos will request that the Council consider eliminating the fees charged at the Recycle Center. COMMENTS: 1. Charges for waste disposal at the Recycle Center are established by the City Council and are considered to be a policy issue. 2. The cost of operating the Recycle Center has no relationship to operations of the Refuse Department. An elimination of those fees without a corresponding closing of the center would result in a significant subsidy for the center (approximately $20,000) that would eventually have to be "made-up" in the form of a residential refuse rate increase. 3. If the cost of operation was included in residential rate charges to every customer, the result would be to force all citizens to subsidize an operation that is used by only some of our customers. In other words, we would move away from our philosophy of "user pays". Memorandum Request to Address Council June 10, 1993 ' Page 2 4. Our Recycle Center staff has received complaints of this nature in the past. Last week ^~ Mr Veppert indicated that he received three complaints referencing the fees for refuse disposal. 5. Staff research indicates that our fees for disposal are much lower than the landfills and should be raised next year to avoid a loss in the operation of the convenience station. ,~;, ATTACHMENT: 1. Correspondence from Mr Ed J Compos _.... .._..._ _ __ _ .. i.l.i _ _ ... __-. . -. _. .!. _ oS r-.. - ~~ i ~~tSr~ .~F~ ~ t/~i~ y PR v c t=s c- ~4 r r?~c yc ~ r~ Conc/~~s a 7aZ- ~3ov .~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF FY93-94 BUDGET DATE: June 10, 1993 BACKGROUND: Pursuant to charter and statutory provisions, I have presented for your review a municipal budget for all funds maintained by the City. That budget was also the focus of a public hearing conducted on June 8, 1993 wherein citizens of the community were offered an opportunity for comment. The staff has reviewed comments received from the public hearing and distributed thirty copies of the proposed budget to interested parties, civic groups and community organizations. Additionally, the staff placed two copies of the budget proposal in the Owasso Library for review by citizens. RECOMMENDATION: The staff recommends City Council approval of the FY 1993-94 budget, including the General Fund and other funds maintained by the City Council. ATTACHMENTS: 1. Resolution #93-07 2. Attachment "A" -Budget Summary CITY OF OWASSO, OKLAHOMA RESOLUTION NO 93-07 A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL OPERATING BUDGET FOR THE GENERAL FUND AND OTHER FUNDS AS ESTABLISHED BY THE OWASSO CITY COUNCIL; CLASSIFYING REVENUES FOR EACH FUND; ESTABLISHING LEVELS OF EXPENDITURES BY CLASSIFICATION AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS: It is the intent of the Owasso City Council to adopt an operating budget for fiscal year 1993-94; and WHEREAS: The adoption of such budget is vital to the continuation of services to the citizens of Owasso; and WHEREAS: Public access to the adopted budget is desired; and WHEREAS: Certain publication and filing requirements aze mandated by State Statutes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, „~ OKLAHOMA: THAT: The revenues, expenditures and transfers as shown on Attachment "A" be adopted for each fund; and THAT: The effective date of this Resolution shall be July 1, 1993. ,~ APPROVED AND ADOPTED this 15th day of June, 1993 by the City Council of the City of Owasso, Oklahoma. ATTEST: Bob Randolph, Mayor Mazcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney City of Owasso Budget Summary Fiscal Year 1993 -94 Fund General OPWA Debt Service City Garage Ambulance Service Ambulance Capital E -911 Capital Improvements Revenue Bond Projects Cemetery Care Park Development Community Center Senior Citizens CDBG Collision Self Insurance Workers' Comp Self Ins OEDA Attachment A Expenditures Revenues & Personal Materials Other Capital Debt Transfers Transfers In Services & Supplies Services Outlay Service Out $6,986,980 $2,369,166 $214,383 $470,419 $415,528 $0 $3,537,484 6,181, 814 563,971 981,581 440,937 4,080,884 939,957 3,008,133 0 0 0 0 0 25,602 0 209,500 70,950 128,850 6,050 3,650 0 0 144,600 0 13,100 8,900 0 0 130,000 37,700 0 0 0 40,000 0 0 40,000 0 0 28,000 6,000 0 15,000 391,300 0 0 0 709,525 0 0 1,000 0 0 0 173,800 0 0 11,250 0 0 0 5,000 0 0 8,400 0 0 0 1,000 0 0 0 0 0 0 11,953 0 0 0 0 0 0 0 0 0 30,200 0 0 0 0 30,200 0 7,100 0 10,000 0 0 0 0 193,260 0 0 97,000 0 0 0 71,003 0 0 2,000 0 39,510 30,200 Totals $14,314,107 $3,004,087 $1,347,914 $1,053,306 $5,447,340 $1,035,269 $6,720,817 ~oxnrmrmz ii i~ TO: THE HONORABLE MAYOR AND CITY COUNCII, CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF CONTRACT AMENDMENT TO FOP LABOR AGREEMENT DATE: June 10, 1993 BACKGROUND: Pursuant to a request from the FOP dated May 17, 1993, the City participated in a "reopening" of negotiations for the Fiscal Year 1993-94. Specifically, the negotiations were reopened to discuss two issues. Those issues were: 1) the length of the official work period for members of the bargaining unit; and 2) clothing and cleaning payments. The City has for some years desired atwenty-eight day work period to allow increased flexibility for the employee and management to address issues of earned compensation time and earned overtime. Additionally, the members of the department and management have had a mutual goal of acquiring a new uniform for the police officers. By reopening negotiations, these two goals could be addressed at a time when both sides appeared ready to work together toward achieving compromise. Those reopened negotiations have now been completed and a tentative agreement has been reached that would changed the current fourteen day work period to a twenty-eight day work period, and would eliminate direct payments for clothing and cleaning allowance to police officers. In return for the elimination of those direct payments, the City would purchase and replace uniforms for the officers. The intent of the new clothing and cleaning language is to set the stage for using those monies to purchase a new redesigned uniform for the department. The money from the uniform allowance will be, if approved by the Council at a later date, used to purchase those new redesigned uniforms, while the money previously paid as a cleaning allowance will be used to pay for a cleaning contract with a local cleaners so management can ensure that the funds are used for cleaning instead of for personal use (see item #9 of the agenda for requested cleaning contract). According to Chief Smith, while the new uniform purchase program will have a first year cost that exceeds the amount normally appropriated for uniform allowance payments, the resulting long term savings provides ample fiscal justification for the change (see memorandum from Chief Smith under agenda item #9). ii Memorandum , FOP Contract Amendment June 10, 1993 1 Page 2 On Wednesday, June 9, the FOP Lodge #149 met to discuss and take action on the proposed contract changes. The members of the lodge voted to ratify the contract amendments and requested that the City Council complete the process by also approving those amendments. Please note that the twenty-eight day work period does not change any overtime requirements '~ or pay periods. Rather, it increases the options available for both the employee and management in scheduling matters. , RECOMMENDATION: ' The staff recommends Council approval of the proposed amendments to the 1993-94 contract , between the City of Owasso and FOP Lodge #149. ATTACIIMENTS: 1. Amended Agreement 2. Exhibit "A" -Article 21, revised as per negotiations 3. Exhibit "B" -Article 22, revised as per negotiations AMENDMENT TO AGREEMENT BETWEEN THE CITY OF OWA880, OKLAHOMA, A MIINICIPAL CORPORATION AND FRATERNAL ORDER OF POLICE, LODGE NO. 149 July 1, 1993 - June 30, 1994 Attached hereto and made a part hereof as Exhibit A & B, are Amendments to the "Agreement Between The City of Owasso, Oklahoma a Municipal Corporation and Fraternal Order of Police Lodge No. 149" dated May 18, 1993. IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , 1993. CITY OF OWASSO, OKLAHOMA A Municipal Corporation By: Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney FRATERNAL ORDER OF POLICE, LODGE #149 By: President By: Secretary - 45 - i~ EBHIBIT A 1 ARTICLE 21 OVERTIME AND COMPENSATORY TIME Section 1. Call Back Provision. Each employee shall be guaranteed a minimum of two (2) hours, straight time, any time he is called back after working hours. This provision shall not be construed so to result in a violation of the Fair Labor Standards ~ Act, such being intended only to provide that employee, if called back, shall receive, therefore, no less than two (2) hours straight time. If, and in the event, an employee is called back after regular working hours, and further, such time actually worked ~^ results in an excess of regular time under the work period hereinafter created, then, in such event, the employee shall ' receive no less than the overtime compensation as required by the Fair Labor Standards Act. If an employee is called back after , regular working hours, the employee cannot be required to take off ,~ from regular working hours to avoid overtime compensation. Section 2. Work Period. There is hereby designated by the Employer a regular twenty-eight (28) day work period. Any time worked in excess of one hundred seventy two (172) hours during such ' twenty-eight (28) day work period shall be paid at a regular overtime rate of one and one-half (1 1/2) times for actual hours worked; provided, however, that the normal 28-day work period will '~ consist of a minimum of 168 straight time hours. - 46 - Section 3. Compensatory Time. Each employee earning overtime compensation under the foregoing provisions may, in lieu of receiving monetary payment therefore, receive, at Employer's discretion, compensatory time off. Employees of bargaining unit shall be allowed to accrue an amount not to exceed eighty (80) hours of compensatory time. Compensatory time may be taken off upon the election of the employee provided, however, notice of such election is given to the employee's supervisor forty-eight (48) hours prior to the time desired to taking such compensatory time off, and such elected time would not adversely impact upon the operations of the department as exclusively determined by the Chief of Police. Section 4. The parties recognize that under the provisions of the Fair Labor Standards Act the Employer, in a effort to avoid incurrence of overtime obligations, may, prior to the expiration of the work period, direct that an employee scheduled to work be relieved from the requirement for working such scheduled shift or part thereof. Understanding such, the parties specifically agree that the Employer will not utilize such lawful mechanism to avoid incurrence of overtime until the employee the Employer is desirous of relieving from duty prior to the expiration of the designated work period has accumulated the maximum accumulation of compensatory time herein authorized. - 47 - i~ E%HIBIT B ARTICLE 22 IINIFORMS Section 1. The Employer shall purchase for the uniformed sworn officers of the Police Department Employer designated uniforms. The Employer shall provide for replacement of Employer provided uniforms when such uniforms, in the opinion of the Chief of Police, have fallen below the acceptable level of appearance. Section 2. The Employer shall provide for cleaning of Employee's Employer provided uniforms. Such cleaning shall be arranged for in such manner as to assure a local depository/pick-up in the event of servicing outside the municipality which is in the Employers discretion. Section 3. The Employer shall provide for all new members of the Police Department a complete new issue of uniforms to include the following: three (3) uniform shirts, short sleeve; three (3) uniform shifts, long sleeve; three (3) uniform trousers; all leather gear; one (1) pair handcuffs; two (2) badges; one (1) flashlight; one (1) bullet resistant vest; two (2) jackets (one summer and one winter); inclement weather gear; and one (1) box of ammunition. Section 4. Since employees are required to carry and use only issued ammunition, the Employer shall, during the term hereof, provide each employee on (1) box of Employer-required hand-gun ammunition, same to be utilized only in the course of duty and, - 48 - further, ten (10) rounds shot-gun shells consisting of five (5) rounds buckshot ~4, ,#1, #00, ,#0 and five (5) rifled deer slugs. The Employer-required duty ammunition shall be rotated every six (6) months with the employee and, upon the expiration of the six (6) month period from Employer provision of same, turning in such provided duty ammunition, whereupon Employer may utilize same for practice and qualification purposes. Section 5. The employer shall provide each member of the bargaining unit a bullet-resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the City at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. This item of safety shall be the sole property of the City of Owasso. Initial issue of such equipment shall be based on the condition of the employee's current vest, whether City owned or personally owned, provided, however, that in no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the City for issue. In the event such a selection is made, the - 49 - City shall pay a portion of the cost equal to the cost of the vest issued by the City, provided, however, that such vest shall become ~ the sole property of the City requiring no reimbursement whatsoever. - 50 - ~oxnrmuM ' TO: THE HONORABLE MAYOR AND CITY COUNCIL i FROM: EDWARD L. SMITH CHIEF OF POLICE SUBJECT: REQUEST FOR AUTHORIZATION TO CONTRACT WITH YALE CLEANERS FOR POLICE UNIFORM CLEANING SERVICES DATE: June 15, 1993 BACKGROUND• In the past month, officers of the Police Department have expressed a desire to obtain a new, more professional looking uniform. Upon talking with many of the officers, it was agreed that not all the officers spend their $450.00 per year on uniforms and additionally not all officers are spending the twenty-five dollars per pay period on cleaning their uniforms. The F.O.P. realizes that it will cost a considerable amount of money to change uniforms; therefore, the F.O.P. has agreed to eliminate the article in the collective bargaining agreement which requires the City to pay each officer $450.00 per year in clothing allowance. Additionally, the F.O.P. has agreed to eliminate the $25.00 per pay period for cleaning as well. In exchange, the City will propose buying the officers new uniforms and will clean them. This will ensure two things. One, that the monies appropriated for uniforms and cleaning will be spent for the purpose in which it was intended and not be viewed as additional compensation by the employee. Secondly, it will give management the opportunity to ensure that the officers are uniform in their appearance and will allow the control of how the uniforms are being kept in terms of cleaning. The officers should have a more professional look and appearance. The contracting of cleaning services is the first step in a two phase process which will pave the way for the purchase of new uniforms, thus allowing the City more latitude in controlling future expenditures. The Police Department is currently in the process of developing specifications for new uniforms. It will be early in the new fiscal year before this is completed. This being the case, staff would like to begin the cleaning contract effective July 1, 1993. This will facilitate a smooth transition when we obtain the new uniforms. The following vendors (all local dry cleaners) were provided requests for quotes on dry cleaning the uniforms: First Cleaners °*! Yale Cleaners ,~ Nu-Style Cleaners Imperial Cleaners Three Lakes Cleaners Quotes were opened on June 9, 1993, with the lowest bidder being Yale Cleaners at a cost of $1,085.00 per month, or $13,020.00 for the year. (Please be advised that Yale Cleaners was the only vendor who submitted a bid.) COST: ' Currently the City is paying each officer $450.00 per year clothing allowance: ' 21 Officers at $450.00 = $9,450.00 21 Officers at $650.00 ($25.00 x 26 pay periods) _ $13,650.00 Therefore, each officer is being paid $1,100.00 per year for uniforms and cleaning: 21 x $1,100.00 = $23,100.00 Preliminary costs for new uniforms is approximatelx $15,000.00 to $18,000.00. The cost for cleaning is $13,020.00. SAVINGS: Initial cost savings for uniform cleaning for the fiscal year 1993-1994 are minimal ($630.00). However, the City now has the ability to somewhat control potential future price increases in this area as it will no longer be a collective bargaining agreement item. Upon the purchase of new police uniforms, no savings will be reflected for fiscal year 1993- 1994, as the purchase price of the uniforms is expected to be approximately $15,000.00 to $18,000.00. In addition, the cleaning will be $13,020.00. Therefore, for fiscal year 1993-94, the City will not realize a savings. However, future cost savings will be realized by the City beginning in fiscal year 1994-1995, with a cost savings of approximately $50,000.00 over the next five year period. RECOMMENDATION: The staff recommends that the Council authorize staff to contract with Yale Cleaners for the purpose of providing uniform cleaning services to the Owasso Police Department. ATTACHMENT: 1. Quote Proposal from Yale Cleaners 2. Non-Collusion Bid Affidavit 101 NORTH MAIN STREET OWASSO, OKLAHOMA PHONE (918) 272-2244 74055 FAX ~ (918) 272-4900 QUOTE PROPOSAL - SUBMITTAL PAGE " DRY CLEANING OF OWASSO POLICE DEPARTMENT UNIFORMS TOTAL MONTHLY PRICE QUOTE : $1, 085.00 TOTAL YEARLY PRICE QLOTE: $13,020.00 Q[;OTES ARE BASED ON THE'FIS~AL YEAR~~BEGINNING; JULY 1, 1993 TO JUNE 30 , 199-1. ~.. -~ ,.. I hereb~~ acknowledge that I have read,_,r*.,he specifications and that I am legally bound `by the above` ~tatem~ent:'~' = .., ; ~", ~.~-_-- .Yt ~ ~:~~Y'! SiEnature -~~ ~ t~ President ~-~ ~ ~:r, i .._ - Title ~- %~ .,s F , K-1, Inc. (DBA Yale Cleaners,,,l„r,~ ~~~. 4 12806 East 86th Street North'` ~ ~''~= ~~__ ~ Address '"' °"`''-~° Owasso, Oklahoma 74055 (918) 272-7335 Telephone Quote opening: JUNE 9TH. 19y.i ;~ -1:00 ~~4 1 NON-COLLIISION BID AFFIDAVIT STATE OF L ) SS COUNTY OF U/ ~~ ) Q' of lawful age, being duly sworn, on oath says that (s)he is th agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of '~ said prospective contract; or in any discussions between bidders and , any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that ~, the bidder/contractor has not paid, given or donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid. ,~ BIDDER: ~' I . ~i/C l C/7ICL YLE (~L~~S' DWfIS.:O~ Signature Subscribed and sworn before me this ~ day of dG'>1/~ , 1993. i Notary Dv.blic '~ biy Commiss~.on Expires ~, ~ ~ - ~ ~ _ NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL 5 ~oxa~vnuM TO: HONORABLE MAYOR AND CITY COUNCII. CITY OF OWASSO FROM: COUNCIIAR MARY LOU BARNHOUSE CITY COUNCII. SUBJECT: REQUEST FOR APPROVAL OF ORDINANCE #463, REPEALING CERTAIN BUSINESS LICENSE FEES DATE: June 11, 1993 BACKGROUND: In 1973, the Owasso City Council adopted a recodified Code of Ordinances through Ordinance #166. At that time, "part 9" of the Code of Ordinances was amended to include a lengthy list of businesses that were to be charged a "License Fee....for the purpose of meeting the expense of supervising, regulating and policing...." those trades or businesses. The fee assessed was ten dollars per year for a majority of the businesses. Then in December 1986, through Ordinance #360, the Council increased those fees from ten dollars to fifty dollars based on a need to increase revenues in the face of a budget shortfall. The majority of business license revenue has historically been charged to permanent, local retail outlets that are required to pay other fees and permits, as well as act as the collector of sales taxes, for the city, county, and state. Although there are licenses required for transient peddlers and non-permanent sales operators, research by the city staff has indicated that those revenues are minimal and produce less than $1000 per year. During a fiscal year, the business license fees paid by local, permanent merchants normally totales $12,000. Ordinance #463, if approved would retain fees for "door-to-door" peddlers, sales from vehicles, handbill distributors, carnivals, concerts, medicine shows, astrologers and itinerant vendors, but would eliminate the business licenses on other local, permanent businesses as previously listed in subsection B-4, B-13 and B-21 through 56 of section 9-113 of the City Code (see attachment). The net fiscal effect of this action will be the loss of $12,000 in revenue previously available to the city for budget needs. In anticipation of this repeal, however, the budget recently proposed by the City Manager did not include revenues generated by this fee. It is clear that the city does not perform services in return for the license fee. There are no unusual regulatory or supervisory functions provided by this fee nor are there other expenses the fee is dedicated to serving. Obviously, the business license is a revenue tax without other significant purpose. The elimination of such a fee will send a clear message to businesses Memorandum Business License Fees June 11, 1993 Page 2 looking at Owasso as a potential site, and our current business community, that our city government is interested in making Owasso a good business environment and is a good investment opportunity. It should be noted that there exists a need for new businesses to have pre-opening inspections for code compliance. The city staff is preparing an ordinance requiring an occupancy permit for new businesses that addresses those issues. It is anticipated that there will be a one-time charge for that permit. In the meantime, the code compliance inspections for new business locations are being conducted without charge by the Community Development Department and Fire Department under the authority of an administrative policy REQUEST: It is requested that the City Council adopt Ordinance #463, thereby repealing certain sub-sections of "part 9, chapter 1, section 9-113" of the Owasso Code of Ordinances and removing certain businesses from the requirement of paying an annual business license fee. ATTACIEIMENTS: 1. Ordinance #463 2. Current Section 9-113 of the Code of Ordinances STAFF NOTE• Please note, the staff recommendation relating to Ordinance #463 is for City Council approval of the ordinance. ORDINANCE NUMBER THE CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSE GENERALLY, SECTION 9-113, LICENSE FEE SCHEDULE, SUBSECTION B, REPEALING PORTIONS THEREOF, TO-WIT: SUBSECTION B-4, B-13 AND B- 21 THROUGH 56 INCLUSIVE, DECLARING AN EFFECTIVE DATE BE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1: Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses Generally, Section 9-113, License Fee Schedule, Subsection a of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by repeal therefrom of the following sections, to-wit: 1) Subsection B-4; 2) Subsection B-13; and, 3) Subsection B-21 through B-56, inclusive. Section 2: That this Ordinance shall, upon passage, become effective thirty (30) days from the date of first publication as required by State Law. DATED this day of 1993. CITY OF OWASSO, OKLAHOMA By: Bob Randolph, Mayor ATTEST Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney oword93.p9r i~ SECTION 9-I 13 LICENSE FEE SCHEDULE. A. There is hereby assessed and levied a tax or license fee upon each person ~ engaging in any vocation, occupation or trade, named in this section, for the purpose of meeting the expense of supervising, regulating and policing the trades or business, and every person who engages in any of the following occupations, trades or businesses, shall first procure a license therefor. Any person who shall engage in more than one business, .trade or occupation on which any license fee is required by the city ordinances, shall pay the license fee required for each of such businesses, trades or occupations, the same as if each were maintained, operated or exercised independently and exclusively of all others. The license fee shall be an annual fee, except where specified for a shorter period: 8. The following fee schedule is applicable for each of the businesses or occupations listed: t 1989 S~ ~nnlPmPnt Page 9-S Licensing and Business Regulations Sec. 9- 113 Sec. 9-1 ! 3 I. Advertising agent, defined to be any person who contracts with another to deliver or distribute, handbills, circulars, posters, samples, or any other thing for advertising purposes -Fifty Dollars ($50.00); 1 2. Amusement machines. Repealed Ord. No. 388, 5/17/88; ' 3. Amusement park or pleasure resort, as defined herein, per annum - Seventy-five Dollars ($75.00); ' 4. Agent-manufacturer, who stores or distributes goods within the city, each per year -Seventy-five Dollars ($75.00); 5. Agents or canvassers, house-to-house, of any kind whatsoever where not otherwise provided, per day -Ten Dollars ($10.00); per year -Fifty Dollars ($50.00); 6. Car lot shipment, where the goods are sold or delivered direct from the car, per car -One Hundred Dollars ($ 100.00); 7. Carnivals: a. Any carnival requiring not over twenty-five (25) cars or other transport vehicle shall pay a fee for the first day of Two Hundred and Fifty Dollars ($250.00); b. Twenty-six (26) cars and not over forty (40) cars transport vehicles shall pay a fee for the first day Hundred Dollars ($300.00); or other of Three c. Over forty (40) cars or other transport vehicles shall pay the first day of Three Hundred Fifty Dollars ($350.00); or a fee for d. All carnivals shall pay Fifty Dollars ($50.00) additional day thereafter; for each 8. Carousel, merry-go-round, ferris wheel or swing, or any carnival attraction, not in connection with any amusement park, carnival, or circus, per day - Twenty-five Dollars ($25.00); 9. Entertainments or concerts, other than religious, charitable and those otherwise exempted under state law, and not otherwise specified, per day -Twenty-five Dollars ($25.00); 10. Exhibitions or any type of contest or game not otherwise provided for, and where admission is charged, per day -Twenty-five Dollars ($25.00); II. Ice cream vendor, as defined herein, for the first vehicle, so used - Twenty-five Dollars ($25.00); and for each additional vehicle -Ten Dollars ($10.00); Every licensee hereunder shall, at all times, keep each motor car, vehicle and container used in his or its business, in a clean and sanitary condition, and all containers for the Page 9-6 19A9 S~mnlPmc.n+ Lice sing and Business Regulations Sec. 9-113 Sec. 9- f f 3 products and commodities offered for sale by the licensee, shall be kept securely covered or closed while in transit, so as to prevent contamination of the products or :, commodities, by dirt, flies or insects. The person duly authorized by the city council, shall inspect once a week, each motor car, vehicle or container used by any licensee, and he shall revoke or suspend the license for any violation of the conditions; 12. Lunch-vending business, per vehicle -Twenty-five Dollars ($25.00); for each additional vehicle -Ten Dollars ($10.00); !f ice cream and lunches are both sold from the same vehicle, then only one license shall be required; 13. Manufacturing agents or solicitors who store or distribute goods within the city, each per day -Twenty-five Dollars ($25.00); 14. Mechanical musical instruments, as defined herein, every operator of such machine shall pay an annual license fee, per each machine -Twenty-five Dollars ($25.00); It is unlawful for any person to have in his possession such machine, unless the same has attached to it a license card, showing the payment of the current year's license fee; 15. Medicine shows, or other shows or public exhibitions where merchandise is sold and advertised, or either, each per day -Fifty Dollars ($50.00); This section shall not apply to medicine shows or public exhibitions selling or advertising merchandise manufactured by a recognized, legitimate concern, and where the shows or public exhibitions for the sale or advertising of such merchandise, is sponsored by and the merchandise is carried in stock by an established mercantile establishment in the city and where the mercantile houses participate in the profits of the sales or merchandise made at the show or public exhibition; 16. Merchant distributors, as defined herein: a. Where five (5) or less agents, solicitors or canvassers are employed, per annum -Seventy-five Dollars ($75.00); b. Where not less than six (6) nor more than ten (I 0) agents, solicitors or canvassers are employed, per annum -One Hundred Dollars ($100.00); or c. Where not less than eleven (I I) agents, solicitors or canvassers are employed, per annum -Two Hundred Dollars ($200.00); The license shall set forth the number of agents, canvassers or solicitors, exclusively employed by such merchant distributor, and the number of each of the licenses issued, as is hereinafter provided, for the use of the agents, solicitors and canvassers of the merchant distributor. The city clerk shall issue to such merchant distributor, without additional charge, a license for each agent, solicitor or canvasser, exclusively employed by such merchant distributor, such license to be made to bearer, agent, canvasser, or solicitor for the merchant distributor, under whose license they are issued, and shall entitle each holder thereof who is in the exclusive employment of the merchant distributor named therein to travel from house to house for the purpose of selling, distributing, or taking orders for the sale of goods, wares and merchandise of every kind and character that is sold or distributed by the merchant distributor. No agent, 1989 Supplement Page 9-7 ' Licensing and Business Regulations Sec.9-113 Sec.9-113 solicitor or canvasser shall be permitted to operate under the licenses issued to such agent, solicitor or canvasser who is not in the exclusive employment of the merchant distributor named therein; ^ 17. Peddlers, as defined herein, or any person peddling any goods, wares or merchandise, whether on foot or in vehicle, not otherwise provided for herein each per day -Ten Dollars ($10.00); each per year -One Hundred Dollars ($100.00). The payment of license fees shall be waived to any person selling, demonstrating, or exhibiting any of the goods, wares or merchandise which are the product of his own labor and skill, and ,~ license shall be issued to such person free of charge upon the proper showing of proof as to the production of such article. Payment of license fees shall be waived to persons selling, demonstrating, or exhibiting any of the goods, wares, or merchandise mentioned herein who are over sixty (60) years of age, and who have been residents of the city for a period of at least one year preceding the making of application for a license, and i license shall be issued to such persons free of charge upon satisfactory proof by affidavit as to age and the length of residence. No license shall be issued to minors ~ under the age of fifteen (I 5) years; 18. Pictures: a. Each person, whether on foot or in vehicle, traveling from house to house, taking pictures for the purpose of sale, taking orders or giving coupons for pictures or photographic views, each per month -Twenty-five Dollars ($25.00); or r b. Each person who, upon the streets and sidewalks of the city, operates any type of camera, taking pictures for the purpose of ' sale, shall pay an annual license fee in advance of Seventy-five Dollars ($75.00); ' 19. Street exhibition, not otherwise provided for, per day -Fifty Dollars ($50.00); 20. Astrologers, clairvoyants, mediums, phrenologists, spritualists (who practice for profit) -Five Hundred Dollars ($500.00); ' 21. Merchants, wholesale -Fifty Dollars ($50.00); 22. Merchants, retail -Fifty Dollars ($50.00); ' 23. Barbershops/hair styling salons -Fifty Dollars ($50.00); 24. Cafes, restaurants, fast food establishments -Fifty Dollars ($50.00); ^ 25. Automotive supplies and/or repair -Fifty Dollars ($50.00); ~^ 26. Hotels/motels boarding houses -Fifty Dollars ($50.00); 27. Photography studios -Fifty Dollars ($50.00); 28. Laundries/drycleaners -Fifty Dollars ($50.00); 29. Insurance agencies -Fifty Dollars ($50.00); ^ w Paae 9-8 1989 SunnlPmPn4 Licensing and Business Regulations Sec. 9-113 Sec.9-113 30. ($50.00); Theaters, bowling alleys, recreation centers, skating rinks -Fifty Dollars 31. Repair shops, all kinds -Fifty Dollars ($50.00); 32. Funeral homes -Fifty Dollars ($50.00); 33. Pest control/exterminators -Fifty Dollars ($50.00); 34. Bingo games -Fifty Dollars ($50.00); 35. Rental of equipment or vehicles -Fifty Dollars ($50.00); 36. Mobile home sales and/or supplies -Fifty Dollars ($50.00); 37. Machine shops -Fifty Dollars ($50.00); 38. Day care center, day nurserys, kindergartens -Fifty Dollars ($50.00); 39. Upholstering shops -Fifty Dollars ($50.00); 40. Car wash -Fifty Dollars ($50.00); 41. Banks/savings and loan associations -Fifty Dollars ($50.00); 42. Newspaper publishers/printers -Fifty Dollars ($50.00); 43. Veterinary hospitals -Fifty Dollars ($50.00); 44. Health spas -Fifty Dollars ($50.00); 45. Dance studios -Fifty Dollars ($50.00); 46. Storage warehouses -Fifty Dollars ($50.00); 47. Miniature golf, driving range, archery range -Fifty Dollars ($50.00); 48. Moving and trucking firms -Fifty Dollars ($50.00); 49. Nursing homes -Fifty Dollars ($50.00); 50. Medical clinics -Fifty Dollars ($50.00); 51. Manufacturers -retail/wholesale -Fifty Dollars ($50.00); 52. Landscaping/mowing -Fifty Dollars ($50.00); 53. Piano tuners -Fifty Dollars ($50.00); 54. Training center/schools -Fifty Dollars ($50.00); 55. Utility companies -Fifty Dollars ($50.00); and 56. Entities, individuals, associations or corporations rendering services for profit -Fifty Dollars ($50.00). 1989 Supplement Paae 9-9 ' Licensing and Business Regulations Sec. 9-113 Sec. 9-113 ' C. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection: ' I. "Amusement machine" means any type of amusement machine, device or instrument which is operated by the insertion of any coin, token, slug or other instrumentality for the purpose of playing the same, and which shows pictures, provides any game of skill, or furnishes any type of entertainment or amusement; 2. "Amusement park" or "pleasure resort" means any place where concessions are operated, sold, or rented for hire, or where any admission charge is made for any amusement or recreation therein; 3. "Carnival" means any public exhibition featuring music, pavilions, merry- ' go-rounds, ferris wheels, drink stands, scenic railroads, roller coasters, shooting gallery, midway, or any other similar amusement for which an admission is charged; ~ 4. "Ice cream vendor" means the business of vending at retail ice cream or any frozen commodities by the use of any kind of a vehicle; 5. "Mechanical musical instrument" means a musical instrument of any kind or character which is operated by the insertion of any coin, token, slug, or other ~ instrumentality, for the purpose of playing same; ' 6. "Merchant distributor" means any person, firm or corporation engaged in the business of selling, taking orders for or distributing any goods, wares, merchandise, household goods or utilities of any character, whatsoever, from any store room, sales * room or warehouse, located within the city, using canvassers, or agents traveling from house to house, for the purpose of selling, distributing or taking orders for the sale of their products; and ' 7. "Peddler" means any person who sells any goods, wares or merchandise by peddling, walking or traveling from place to place, using the streets, sidewalks, alleys, parkings, entrances to buildings, vacant lots, or entrances to lots, or any of them, to t exhibit, demonstrate or sell his merchandise. (Prior Code, Sec. S- 13; Ord. No. 360, 12/2/86) i~ ' Paae 9- I 0 i aQ4 c, ~~~eMe~+ ~MOR~vnuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR COUNCII. ADOPTION OF RESOLUTION #93-06, PROVIDING FOR A LENDING AGREEMENT BETWEEN THE CITY OF OWASSO AND OPGA DATE: June 11, 1993 BACKGROUND• On May 18th, the staff presented an investment concept to the City Council relating to a loan from the city's consolidated cash account to the OPGA, such loan to carry a greater interest rate than that available to the city from traditional deposits. Upon completion of the presentation, the Council voted (5-0) to direct the staff to complete the development of the appropriate documents to accomplish the investment. Subsequently, the City Attorney was assigned the task of developing the appropriate legal documents and accomplishing the necessary review by Bond Counsel. ~ During the presentation of the concept, the staff indicated that the vehicle to be used for the loan would be a conditional grant. However, during his review of the applicable statutes, the City Attorney discovered a more appropriate method of accomplishing the investment/loan. Rather than a conditional grant, Mr Cates has recommended that the city utilize a section of the statutes „~ that regulates investments by cities. The statutes allow lending agreements and the purchase of "REVENUE ANTICIPATION NOTES" by municipalities, thus providing for a more traditional ~ loan approach. Mr Cates has completed the development of the necessary documents and the reviews by bond ' counsel. Those documents are attached for your review and, if approved by passage of Resolution #93-06, will provide fora $400,000 loan from the City to the OPGA, authorize the Mayor to execute those documents, and direct the City Treasurer to transfer the proceeds of the '~ loan upon execution of the documents by the City and Golf Authority officials. The lending agreement establishes an interest rate of 5.5% on the $400,000 loan, provides for a payment schedule allowing interest only payments for the first three years, with principal payments beginning in the fourth year. Additionally, there are loan conditions that require a set aside of ~ $173,000 for the first payment on the OPGA 1992 Revenue Bond, an early call provision, an early payment provision, and a requirement for default notice to the City of Owasso. Memorandum Resolution #93-06 June 11, 1993 Page 2 The staff has reviewed the lending agreement and the use of revenue anticipation notes. The documents meet the concept criteria outline in our original presentation and the use of the Revenue Anticipation Note avoids the problem of how to list a grant on our books. In fact, the method developed and presented herein is a simpler, cleaner method that achieves the desired results. It should also be noted that the staff has once again reviewed the golf course proforma and projected cash flow. It remains the staff opinion that the operations of the facility will provide cash flow sufficient for debt service of the 1992 Revenue Bonds and the 1993 Revenue Anticipation note. In summary, the staff continues to believe that the original reasons for considering this investment are valid. The investment will provide a greater yield to the City, it will offer the OPGA a lesser cost of borrowing money, it will contribute to a community enhancement project and will not adversely impact any one of the funds that comprise the consolidated cash account. The staff continues to regard $400,000 as the maximum amount of those funds that should be committed to long-term investments. RECOMI~~NDATION: The staff recommends City Council adoption of Resolution #93-06 authorizing a lending agreement between the City of Owasso and the Owasso Public Golf Authority, providing for a loan of $400,000 to the OPGA and requiring conditions upon such loan. ATTACHMENTS 1. Resolution x{93-06 2. Lending Agreement 3. Memorandum dated May 13, 1993 -concept memo CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE CITY TREASURER OF THE CITY OF OWASSO, OKLAHOMA, TO INVEST CERTAIN UNAPPROPRIATED AND UNENCUMBERED MONIES OF THE CITY OF OWASSO, OKLAHOMA, SURPLUS TO THE PRESENT NEEDS OF SAID CITY, IN A REVENUE ANTICIPATION .NOTE OF THE OWASSO PUBLIC GOLF AUTHORITY, AN OKLAHOMA PUBLIC TRUST, HAVING THE CITY OF OWASSO, OKLAHOMA, AS IT'S BENEFICIARY, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000.00), APPROVING THE PROPOSED AGREEMENT AND REVENUE ANTICIPATION NOTE, AUTHORIZING THE MAYOR, OR VICE-MAYOR AS THE CASE MAY BE, CITY CLERK OR DEPUTY CITY CLERK, AS THE CASE MAY BE AND THE CITY TREASURER OR DEPUTY CITY TREASURER, AS THE CASE MAY BE, TO EXECUTE, DELIVER AND RECEIVE ANY AND ALI, DOCUMENTATION, OR AMENDMENTS THERETO, BEING LAWFULLY NECESSARY TO ACCOMPLISH THE INVESTMENT PURPOSES SET FORTH I[EKEINAFTER WEtEREAS, the City Council of the City of Owasso, Oklahoma, finds that the City presently maintains funds that have reserves which have reached a level that would allow for investments of a significant nature and for long term investments that might produce a higher yield; the market; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that investment opportunities are problematical due to low level of interest rates presently existing in the market as well as Legal restrictions placed upon the placement of public funds in WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that after exploration of several investment opportunities acid the discovery that the return on investments of a traditional nature would not be significant, alternatives to traditional investments that would produce a higher yield in an otherwise depressed investment climate have been ascertained; ~ WHEREAS, the City Council of the City of Owasso, Oklahoma, has determined that the Owasso Public Golf Authority, an Oklahoma Public Trust, having the City of Owasso, Oklahoma, as it's beneficiary, has a present need to raise additional funds for the final golf course projects and to provide cash for start up of the golf course; ow-r_es.opg WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that a present need in the amount not to exceed Four Hundred Thousand Dollars ($400,000.00) exists on the part of the Owasso Public Golf Authority, and that the Owasso Public Golf Authority, is desirous of obtaining such funding from the City of Owasso, Oklahoma, in a manner that would produce for the City higher yield on it's investments while at the same time assisting the Owasso Public Golf Authority in completing the golf course, a community enhancement project; and, WHEREAS, under the public finance provisions of the statutes of the State of Oklahoma, relating to municipal investment of funds, 68 O.S. Section 348.1 /Authorized Investments/Disposition of Income, the City Treasurer of the City, when authorized by the City Council by written investment policy, ordinance or resolution, is authorized to invest monies in the custody of the City Treasurer in Revenue Anticipation Notes issued by a public trust for which such City is a beneficiary thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO-WIT: SECTION ONE. The City Treasurer of the City of Owasso, Oklahoma, is hereby authorized to invest certain unappropriated and unencumbered monies of the City of Owasso, Oklahoma, surplus to the present needs of said City, in the custody of the City Treasurer of the City of Owasso, Oklahoma, in a Revenue Anticipation Note to be issued by the Owasso Public Golf Authority, an Oklahoma Public Trust having the City of Owasso, Oklahoma, as it's beneficiary, in an amount not to exceed Four Hundred Thousand Dollars ($400,000.00). The City Council of the City of Owasso, Oklahoma, hereby approves the proposed Agreement and Revenue Anticipation Note to be issued by the Owasso Public Golf Authority, a copy thereof being attached hereto, made a part hereof and marked as Exhibit "A". SECTION TWO. The Mayor, or Vice-Mayor as the case the may be, the City Clerk or the Deputy City Clerk as the case may be, and the City Treasurer or Deputy Treasurer as the case may be, of the City of Owasso, be and they hereby are, authorized and empowered for and on behalf of the City of Owasso, Oklahoma, to execute, deliver and receive the Agreement and Revenue Anticipation Note of the Owasso Public Golf Authority exhibited hereto and such further agreements and documents and to take such actions as such officer or officers may deem necessary or desirable in order to carry out and perform the investment and to effect the purposes thereof and to consummate the transaction contemplated thereby. SECTION THREE. That in accordance with public finance provisions of the Statutes of the State of Oklahoma relating to municipal investment of funds, 68 O.S. Section 348.1(5), the income received by the City of Owasso from the investment herein oc~- res . of~g contemplated shall be placed in the general fund of the City of Owasso, Oklahoma, to be used for general governmental operations. PASSED AND APPROVED this day of , 1993. CITY OF OWASSO, OKLAHOMA By: Bob Randolph, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney ow-res.opg EXHIBIT "A" TO CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into as of the day of June, 1993, by and between the Owasso Public Golf Authority, an Oklahoma public trust, (the "Authority"), and the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, (the "City"). WITNESSETH: WHEREAS, the City has determined to make a loan to the Authority aggregating $400,000.00 to be evidenced by the Authority's Revenue Anticipation Note payable to the order of the City in the original principal amount of $400,000.00, (the "Note") to enable the Authority, pursuant to certain of its approvals, to finance costs of the completion of the construction of a golf course (the "Project"). WHEREAS, pursuant to the terms and conditions hereinafter set forth, the City is willing to make such loan to be evidenced by the Note; and WHEREAS, the payment of the Note is to be secured by a subordinate security interest in the revenues of the Authority, receipts and receivables, under the conditions as set forth hereinafter. NOW, THEREFORE, in consideration of the mutual agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I THE AUTHORITY NOTE l.l. The City Commitment. The City agrees, subject to the terms and conditions of this Agreement, to make a loan to the Authority in the amount not to exceed Four Hundred Thousand Dollars ($400,000.00). 1.2 Issuance of the Authority Note. Subject to the terms and conditions hereof and in reliance on the representations and covenants made herein, the Authority agrees to issue the Note to the City. The loan shall be repaid with interest in accordance with the terms of the Note. The Note shall be delivered to the City at a closing (the "Closing") which will occur at such time ow-opga.agt 1 ^ and place as may be agreed on by the Authority and the City. Upon the issuance and delivery of the Note, and the satisfaction of ' all conditions precedent of this Agreement, the City shall, upon receipt and approval of requisitions therefor, advance the proceeds of the loan to the Authority to the Authority's demand deposit account number (the "Project Account") for disbursement therefrom to pay the costs of the Project. 1.3 Loan Advances. Except as hereinafter provided, the ' loan advances on the Note shall be made pursuant to a schedule which shall be in accordance with the Authority's construction completion schedule. Each request for an advance shall be ' accompanied by a certificate describing the invoices for which the loan advances are sought, certifying that the work, labor or materials for which the loan advance is sought have been performed ' according to the plans and specifications and certifying that sufficient funds are available under the Note to complete the construction of the Project in accordance with the plans and specifications. Lien waivers from all contractors and "~ subcontractors shall be provided by the Authority with each loan advance. The parties agree that $173,000.00 of the loan proceeds shall be set aside by the Authority and placed in the Interest Account and Principal Account of the Bond Fund at the Authority's ^ Trustee Bank, to be used exclusively for the Authority making its first payment in July of 1994 on the Owasso Public Golf Authority ' Recreational Facilities Revenue Bond, Series 1992, obligation 1.4 Terms of the Note. The Note shall be in the form set forth in Exhibit A hereto. Interest shall accrue, be payable and subject to adjustment, as provided for in the Note on the outstanding and unpaid principal balance thereon from the date of first advance thereon until payment in full thereof as set forth and provided therein. ~ 1.5 Payments, etc. All payments of principal, of premium, if any, and interest, on the Note and other charges under this Agreement to be made to the City shall be made in lawful money of the United States of America, and shall be made at City's principal office in Owasso, Oklahoma, not later than 11:00 o'clock a.m. on the date due. If any such payment falls due on a Saturday, Sunday or public holiday at the place of payment thereof, then such due date shall be extended to the next succeeding full business day at such place and interest shall be payable in respect of such extension. ARTICLE II CONDITIONS PRECEDENT 2.1 Conditions. The obligation of the City to make the loan pursuant to this Agreement is subject to there being no ow-opga.agt 2 Event of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder or an event of Default on the part of the Authority in it's $4,905,000.00 Recreational Facility Revenue Bonds, Series 1992, and the City having received in form and substance satisfactory to them: (a) A duly certified copy of the resolution of the Authority authorizing execution and delivery of this Agreement, and related instruments, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of (i) this Agreement, and (ii) such financing statement(s) as respect the foregoing. (c) Evidence that the Agreement, the Note and financing ~ statements to the extent appropriate have been duly recorded and filed in all appropriate places required for due recording and perfection under Oklahoma law; (d) Such certificates, documents and certificates respecting the Authority as Authority counsel or "~ City counsel shall reasonably require; (e) Evidence satisfactory to City respecting the ~ Authority's compliance with the insurance requirements of the Agreement as the City shall reasonably require including but not limited to builder's risk insurance during the construction phase of the project; _ (f) A detailed description and cost breakdown analysis of the Project (the "Breakdown") and all amendments thereto, all for approval by City; (g) Such other and further materials and/or information as the City may reasonably request; ARTICLE III SPECIAL OBLIGATION; PLEDGE; SATISFACTION 3.1 Special Obligation. The Note shall constitute a limited and special obligation of the Authority. The principal of and interest on the Note shall be payable by the Authority solely from, and shall be enforceable only out of (i) the revenues of the Authority, and (ii) the Project Account, together with all earnings thereon, if any, being hereby pledged by the Authority to such payment. Notwithstanding anything to the contrary contained herein or in the Note, or in any instrument or document executed ow-opga.agt 3 ^ by or on behalf of the Authority in connection herewith, no stipulation, covenant, agreement or obligation contained herein or ' therein shall be deemed or construed to be a stipulation, covenant, agreement or obligation of any present or future member, trustee, officer, employee or agent of the Authority, or of any trust or, ~ member, director, trustee, officer, employee or agent or any successor to the Authority, in any such person's individual capacity, and no such person, in his individual capacity, shall be liable personally for any breach or non-observance of or for any ' failure to perform, fulfill or comply with any such stipulations, covenants, agreements, or interest on the Note or for any claim based thereon or on any such stipulation, covenant, agreement or ' obligation, against such person, in his individual capacity, either directly or through the Authority or any successor to the Authority, under any rule of law or equity, statute or constitution ~ or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such person, in his individual capacity, is hereby expressly waived and released. ' 3.2 Satisfaction of Debt. The Authority and the City expressly recognize and agree that this Agreement, the Note and any documentation issued, executed and delivered therewith, are ' subordinate and junior to the obligations of the Authority arising under the Owasso Public Golf Authority $4,905,000.00 Recreational Facilities Revenue Bonds, Series 1992. By reason of the foregoing, ' and in recognition by the Authority of the notification and cure rights possessed by the City pursuant to Article 8, Sections 8.12 and 8.13, of the Owasso Public Golf Authority Recreational Facilities Revenue Bond, Series 1992, Authority shall timely notify City of an anticipatory default on its part as well as any notification of default received by Authority from the Trustee thereunder. ARTICLE IV COVENANTS OF THE AUTHORITY ~ The Authority hereby agrees with the City that, so long as the Note remains outstanding: 4.1 Performance of Agreements. The Authority shall take all action and do all things which it is authorized by law to take and do in order to perform and observe all covenants and agreements ~ on its part to be performed and observed under this Agreement, the Note and the Owasso Public Golf Authority's Recreational Facilities Revenue Bonds, Series, 1992, and in order to provide for and to assure payment of the principal of the Notes and any premium or interest thereon when due. ~ 4.2 Creation of Charges on Revenues. The Authority shall not create or suffer to exist any assignment, pledge, security interest or other lien, encumbrance or charge on any ~ ow-opga.agt 4 ^ revenues derived or to be derived from the assets, real or personal, of the Authority, excluding, however, the Recreational Facilities Revenue Bonds, Series, 1992, and any other liens, ~ encumbrances or charges in favor of the City as security for the Note. 4.3 Amendment. The Authority shall not alter, amend or ,,~ repeal the resolutions described in Section 2.1{a} hereof, or, without the prior written consent of the City, agree to any alteration or amendment of any of the instruments described in Sections 2.1(b) and 2.1(c) hereof, or take any action impairing any authority, right or benefit given or conferred by such resolution or instruments. ~ 4.4 Payment. The Authority shall pay or cause to be paid the principal of, premium, if any, and the interest on the Note as the same becomes due, whether by acceleration or otherwise, ~ but solely from the sources referred to in Article III hereof. 4.5 Representations and Warranties of Authority. The ' Authority represents and warrants to City as follows: (a) The Authority is an Oklahoma public trust duly organized, validly existing and in good standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. (b) The Authority has taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the Note, the Agreement and the other documents contemplated hereby. (c) The execution and delivery of this Agreement, the Note, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. (d) The Authority shall deliver to City copies, certified by the Authority's Secretary, of all resolutions and actions undertaken by the Authority to authorize this transaction. (e) The Authority shall maintain its existence in Oklahoma. (f) The Authority shall deliver to City, within one week after they are prepared, copies of the Authority's quarterly financial statements. ARTICLE V ow-opga.agt 5 DEFAULT AND REMEDIES 5.1 Events of Default. Any one or more of the following shall constitute and "Event of Default" hereunder; (a) Nonpayment when due of any installment of interest or principal in accordance with the terms of the Note; or (b) The attachment of any involuntary lien in the sum of $25,000 or more, of any kind or character, upon the Property of the Authority or any portion thereof, except for taxes due but not in default and liens being contested in such a manner as to prevent execution on the Property; or (c) The entry against the Authority of (i) any judgment in an amount of $25,000 or more on a claim not covered by insurance which is not discharged within thirty (30) days of such judgement becoming a final judgment; or (d) If the Authority, shall (i) apply for or consent to the appointment of a received, a trustee or liquidator of themselves or itself, or of all or a substantial part if its assets, or (ii) file a petition or answer seeking reorganization or admit (by answer, default or otherwise) the material allegations of a petition filed against them in any reorganization proceeding; or (e) If the Authority, shall (i) become insolvent, generally fail to pay, or admit in writing their respective inability to pay their respective debts as the fall due, (ii) make a general assignment for the benefit of their or its respective creditors, (iii) be adjudicated a bankrupt or insolvent, or ( iv) file a voluntary petition in bankruptcy or file a petition or answer seeking an arrangement with creditors or to take advantage of any insolvency laws or admit (by answer, default or otherwise) the material allegations of a petition filed against any of them in any bankruptcy, arrangement or insolvency proceeding, or take or omit to take any action for the purpose or with the result of effecting any of the foregoing; or (f) If a petition in bankruptcy is filed against the Authority, and is not dismissed within thirty (30) days, or if an order, judgment or decree by any court of competent jurisdiction shall be entered, adjudicating the Authority to be bankrupt or i~ ow-opga.agt 6 i~ insolvent, without the application, approval or consent of the Authority or if the Authority shall seek or consent to or fail to timely contest any order, judgment or decree appointing a custodian of all or a substantial part of their assets, or if the Authority shall seek or consent to, or fail to timely contest any order, judgment or decree approving a petition seeking reorganization or appointing a receiver, trustee or other custodian or liquidator of all or a substantial part of its assets; or (g) Failure of the security interests granted in the Agreement to constitute a duly perfected, valid security interest in the Property; or (h) If any warranty or representation of the Authority contained in or any financial statement or other information given or furnished to the City by or on behalf of the Authority shall be false or misleading in any material respect; or (i) The breach of, or default under, any covenant, agreement, term, condition, provision, representation or warranty contained in this Agreement, the Note or the Owasso Public Golf Authority Recreational Facilities Revenue Bonds, Series, 1992, not specifically referred to in this Section, if such breach or default is not cured within thirty (30) days of the occurrence thereof; or (j) In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, under this Agreement, (k) The Project cannot be completed in accordance with the plans and specifications approved by the City with the funds remaining to be advanced on the Note. 5.2 Remedies on Default. Whenever any Event of Default referred to in Section 5.1 hereof shall have occurred, the City may take any one or more of the following remedial steps: (a) Declare all amounts payable hereunder and pursuant to the Note or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; ow-opga.agt 7 ' or (b) Realize upon its rights under the other collateral documentation as may from time to time inure to the benefit of the City; or (c) Take whatever action at law or in equity may appear necessary or desireable to collect the amounts then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements or covenants of the Authority under the Note and this Agreement. ' ARTICLE VI CUSTODY AND APPLICATION OF NOTE PROCEEDS AND OTHER MONEYS ~ 6.1 Project Account. Provided Authority is in compliance with the terms of the Agreement and Note, the proceeds ~ of the Note upon duly submitted requisitions therefor, shall be advanced and deposited in the Project Account and disbursed therefrom for payment of the costs of the Project. 6.2 Pledge of Accounts. Pending disbursement, all moneys and investments standing to the credit of the Project Account are hereby pledged to the City, and a security interest in all such moneys and investments, as security for the payment in ~ full of the Note and all other amounts due to the City hereunder. ARTICLE VII MISCELLANEOUS i~ ii 7.1 Defeasance. If the Authority shall pay or cause to be paid or otherwise provide for, or there shall otherwise be paid or provided for, the principal and the interest on the Note and all other amounts payable by the Authority at the times and in the manner stipulated in this Agreement or the Note, then all covenants, agreements and other obligations of the Authority hereunder, and the security interest created shall thereupon terminate and be discharged and satisfied, and thereupon all the moneys and properties of the Authority then subject to such security interest shall be free and clear thereof and the Authority may withdraw any such funds from the Project Account. 7.2 Waivers, etc. No failure on the part of the City to exercise and no delay in exercising, and no course of dealing with respect to, any right under this Agreement, or any other agreement or instrument referred to in this Agreement, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein ow-opga.agt 8 i~ and therein provided are cumulative and not exclusive of any remedies provided by law. 7.3 Fees and Expenses. The Authority agrees to pay, (i) all taxes or other governmental charges including, without limitation, filing fees upon any documents or transactions pursuant to this Agreement, (ii) all expenses incident to filings or recordings pursuant to this Agreement, or in respect of the pledge hereunder and thereunder including, but not limited to, and the fees of City counsel in the preparation and review of this Agreement, the other loan documents and related matters, and (iii) all costs of collection (including reasonable counsel fees) if default is made in the payment of the Note. ~ 7.4 Successors, etc. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any ~ subsequent holder of the Note and its successors and assigns. 7.5 Governing Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of Oklahoma. ri 7.6 Amendments. This Agreement may not be amended, ~ modified or waived except with the written consent of the parties hereto. 7.7 Notices. All requests and notices under the Agreement shall be hand delivered or sent by United States Mail, postage prepaid, addressed as follows, except that either party may be written notice change of address, its counsel or its counsel's address for subsequent notices to be given hereunder: Authority: Owasso Public Golf Authority 207 South Cedar Owasso, Oklahoma 74055 Attention: Rikkola, Jr., Chairman with a copy to• Ronald D. Cates Authority Attorney Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 City: City of Owasso, Oklahoma Owasso City Hall 207 South Cedar Owasso, Oklahoma 74055 ow-opga.agt 9 with a copy to: Ronald D. Cates City Attorney Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 Notice given hereunder shall be deemed given upon receipt by the principal addressee. 7.8 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 7.9 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Owasso Public Golf Authority By: Tom M. Rikkola, Jr., Chairman "Authority" ATTEST: By: Marcia Boutwell, Secretary (SEAL) City of Owasso, Oklahoma By: Bob Randolph, Mayor ATTEST: By: Marcia Boutwell, City Clerk (SEAL) ow-opga.agt 10 i~ EXHIBIT "A" TO AGREEMENT DATED THE DAY OF JUNE, 1993 OWASSO PUBLIC GOLF AUTHORITY - CITY OF OWASSO REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC GOLF AUTHORITY Dated as of the day of June, 1993 Owasso, Tulsa County, Oklahoma $400,000.00 FOR VALUE RECEIVED, the undersigned, Owasso Public Golf Authority, an Oklahoma Public Trust, having the City of Owasso, as its beneificiary, its successors and assigns (collectively, the "Borrower"), promises to pay to the order of the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, its successors and assigns (collectively, the "City") at its principal office at 207 South Cedar, Owasso, Tulsa County, Oklahoma 74055, or at such other place as may be designated in writing by the City, the principal sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) or so much thereof as shall have been advanced hereon, together with interest on the unpaid portion of the principal balance computed from the date of each advance, until paid in full, at the rate of five point five percent (5.5%) per annum, principal and interest being deferred six (6) months from the delivery hereof and receipt of initial draw down; thereafter six (6) bi-annual payments of interest only to begin after the deferral period, with principal and interest payments thereafter amortized over the last eighty- four (84) months of the loan all as shown on Exhibit "A" hereto, same being Owasso Public Golf Authority Revenue Anticipation Note Debt Service Schedule, which shall govern the repayment of this obligation. The installments of interest and principal set forth above shall be due and payable as aforesaid until the full principal amount of this Revenue Anticipation Note and all interest hereon have been paid in full. Payment in advance of one or more of the unmatured p.r.incipal installments hereof may be made by the Borrower and will be applied first to interest at the aforesaid rate on the unpaid amount of said loan, accrued to date of receipt of said payment, and the balance of each payment shall be applied to the principal. The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. This Revenue Anticipation Note is the Revenue Anticipatin Note referred to in that certain Loan and Security Agreement dated as ow-opga.ran ^ of the day of June, 1993, by and between the Borrower and the City (the "City") given and entered into to secure this Note, ' the proceeds of which the City is loaning to the Borrower to finance its costs of completion of its golf course facility in Owasso, Tulsa County, Oklahoma. Except as may be herein otherwise ~ specifically provided, the rights and obligations of the Borrower and the City arising by virtue of this Revenue Anticipation Note as well as the Agreement above referred to, shall be governed by the Agreement as if same were specifically incorporated herein, such Agreement surviving the issuance, execution and delivery of ~ this Revenue Anticipation Note. ' The City may, at any time prior to the due date of final payment of this Revenue Anticipation Note call for an early pre-payment in whole, or in part, if it is determined by the City, in it's sole ' discretion, that the funds heretofore advanced pursuant to this Revenue Anticipation Note are needed by the City for its operations, governmental or proprietary, and the Borrower is afforded a reasonable opportunity to obtain reasonably satisfactory ' refinancing hereof. All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the indebtedness evidenced by this Revenue Anticipation Note) severally waive demand, presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this Revenue Anticipation Note and diligence in bringing and prosecuting suit against any party bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral before or after maturity, with or without notice, shall release or discharge the ~ obligation of any party. i~ i~ Upon the failure to pay when due any installment in principal or interest, the holder hereof shall be entitled, at its option, to declare the unpaid principal balance of this Revenue Anticipation Note to be immediately due and payable. A failure by such holder to exercise such option will not constitute a waiver of the right to exercise the same in the event of any subsequent default. Such rights of acceleration are cumulative and in addition to any right of acceleration provided in any writing or writings now or hereafter securing or purporting to secure payment of the indebtedness evidenced hereby. After maturity (whether by extension, accelration or otherwise), interest shall accrue hereon at a rate of interest of ten percent (10%} per annum. If this Promissory Note is placed with an attorney for collection upon any default, or to defend or enforce any rights of the holder(s) hereunder or any instrument securing payment of this Revenue Anticipation Note, or if this Revenue Anticipation Note is collected through bankruptcy or other judicial proceeding, the Borrower agrees to pay the reasonable attorney fees of the holder(s) of this Revenue Anticipation Note and all reasonable costs and expenses incurred in connection therewith. ow-opga.ran 2 i~ This Revenue Anticipation Note together with all extensions, renewals substitutes, modifications and/or changes in form hereof is secured by the Security Agreement which respects certain property and interests located in Tulsa County, Oklahoma. OWASSO PUBLIC GOLF AUTHORITY an Oklahoma Public Trust By Tom M. Rikkola, Jr., Chairman ATTEST: Marcia Boutwell, Secretary Delivery receipted this day of 1993. ATTEST: CITY OF OWASSO, OKLAHOMA By Bob Randolph, Mayor Marcia Boutwell, City Clerk ow-opga.ran 3 II EKHIBIT "A" to Revenue Anticipation Note OWASSO PUBLIC GOLF AUTHORITY REVENUE ANTICIPATION NOTE DEBT SERVICE SCHEDULE II I 1 DATE PRINCIPAL COUPON IIVTFREST PERIOD TOTAL FISCAL TOTAL 1/1/94 11,000.00 11,000.00 11,000.00 7/1/94 11,000.00 11,000.00 1/1/95 11,000.00 11,000.00 22,000.00 7/1/95 11,000.00 11,000.00 1/1/96 11,000.00 11,000.00 22,000.00 7/1/96 (1,000.00 11,000.00 1/1/97 40,000.00 5.500000 11,000.00 51,000.00 62,000.00 7/1/97 9,900.00 9,900.00 1/1/98 45,000.00 5.500000 9,900.00 54,900.00 64,800.00 7/1/98 8,662.50 8,662.50 1/1/99 45,000.00 5.500000 8,662.50 53,662.50 62,325.00 7/1/99 7,425.00 7,425.00 1/1/00 50,000.00 5.500000 7,425.00 57,425.00 64,850.00 7/1/00 6,050.00 6,050.00 1/1/O1 50,000.00 5.500000 6,050.00 56,050.00 62,100.00 7/1/01 4,675.00 4,675.00 1/1/02 55,000.00 5.500000 4,675.00 59,675.00 64,350.00 7/1/02 3,162.50 3,162.50 1/1/03 55,000.00 5.500000 3,162.50 58,162.50 61,325.00 7/1/03 1,650.00 1,650.00 1/1/04 __ ______60 _000_00_ 5.500000 ___ _____ 1,650 _00_ _______61,650 _00_ 63,300.00 400,000.00 160,050.00 560,050.00 ACCRUED n i~ 400,000.00 Dated 7/1/93 with Delivery of 7/1/93 160,050.00 560,050.00 ~oxnrmuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ' FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR AUTHORIZATION TO DEVELOP LOAN DOCUMENTS FOR LOAN TO THE OWASSO PUBLIC GOLF AUTHORITY DATE: May 13, 1993 BACKGROUND ' The City of Owasso maintains 12 funds that currently have reserves or contain restricted monies (money that can be spent only for a specific, designated purpose). During the past year these funds have increased to a level that allows the City to begin making long-term investments that produce a higher interest income for the City. At the current level of $1,218,857, the staff is convinced that there should be some effort to find an investment opportunity that would increase the yield to the City. There has been, however, a real problem in finding such an opportunity due to low interest rates and legal restrictions on how public funds may be invested. Based on a research of current City deposits, the staff has calculated that the average interest rate is 3.2% and that our maximum rate is 3.375 %. The simple fact is that investment rates are very low and indications are that they will remain low for some time. Additionally, the restrictions relating to required collateral for municipal investments makes it even more difficult to procure better rates for City money. For example, the law requires that every City dollar placed in bank deposits be collateralized 100 % by a pledge of government securities. (State Law defines the class and character of acceptable securities that may be pledged.) This requirement makes municipal investments somewhat expensive to banks and results in interest rates lower than those received by the individual investor (generally 1/2 % lower). In last year's audit, a comment was listed that was critical of the rates received on City investments, even though the return was at a level consistent with normal rates during that period. The staff immediately began exploring methods of increasing the yield on investments. During that same period, there was a marked increase in the amount of money in the pooled cash account referred to above. That increase resulted primarily from adding our Workers Compensation self-insured fund and an increase in the General Fund Reserves. All of these factors combined to give the City, for the first time in over ten years, an opportunity to use pooled funds as long-term investments in an effort to increase interest revenues. However, even though the City is finally at a point that allows for better investments, the market interest rates are at such a low point that even the best municipal investment opportunities are still yielding a maximum of only 3.7 % . (Treasury notes are currently listed at 3.21 % and Murchison Investment Bankers is offering government backed investments for 3.41 % on a one year commitment.) After exploring several opportunities, and discovering that our return on investments was not going to be substantially different from using current methods, the staff began to seek an alternative that would produce a higher yield in a depressed investment climate. ' The result of that process was a suggestion that our City invest in a safe, revenue producing project that would benefit the community and return a higher yield to the City. Initially, the staff investigated the possibility of loaning money to the OPWA as a part of the recent five million dollar water and wastewater loan. However, the interest rate available for the portion of the loan that the City could have funded was lower than the rate currently available from traditional deposits. The next alternative researched by the staff produced better results. The "'~ Owasso Public Golf Authority was in the process of evaluating the sale of "completion bonds" in order to raise additional funds for the golf course project and to provide cash for start-up of the course. ~ It quickly became apparent that the City's need to produce a higher yield on investments and the OPGA's need to procure funds to complete the golf course was a good match. The obvious ' advantages for such a relationship prompted the staff to pursue the issue of a possible investment of City dollars in the golf course, a community enhancement project. After staff discussion and consultation with the City Attorney, the OPWA Financial Advisor (Keith McDonald), and Bond Counsel (Alan Brooks), it was determined that there were no legal barriers to prevent such a relationship nor would such a loan have an adverse impact on existing bonds or indebtedness. There was, however, a recognition that the actual agreements required for such an investment would require substantial legal and research work to ensure proper safeguards for the invested dollars. Mr Cates, Mr Brooks, and Mr McDonald (Leo Oppenheim) have agreed to work together to produce such an agreement should the Council wish to pursue this arrangement. CONCEPT ' The Concept of this investment is based on the following factors and assumptions: ii l 1. If the OPGA issues completion bonds, they would spend approximately $50,000 in issuance cost and pay an effective interest rate of approximately 7.5%. 2. The current average interest rate on City investments is 3.2 % with a maximum potential of 3.7%. 3. No more than 40 % of the pooled funds should be in long-term investments, thus a ceiling of $487,500 should be placed on those dollars in long-term investments. i~ 4. Maximum loan be set at $400,000. 5. A City may not loan money, therefore the use of a "Conditional Grant" would be utilized ~ as the vehicle for the investment. Please note that the City has used this method in the past to fund certain projects (OEDA, OPWA). 6. Recommended Grant conditions are: A. Interest rate of a minimum of 5.5 % to the City. B. A portion of the loan proceeds to be immediately set aside to be used for first OPGA bond payment due July 1, 1994. C. Default on existing OPGA bond payment would be preceded by a notice to City and opportunity for City to protect its investment through management control of the Authority's assets (same as bondholders protection; default allows Trustee Bank to assume management control). D. Interest only payments for first three years (FY93-94, 94-95, 95-96), with interest and principal payments beginning in fourth year and extending through a tenth year. E. OPGA Trustees modify Trust indenture to provide for reduced Trustee terms (now 15 years). F. An early "call" on the debt allowed if City shows cause and after OPGA makes other arrangements for replacement funding. G. An early "pay-off' of the debt by the OPGA without penalty. H. Sign-off on the Conditional Grant by Financial Advisor and Bond Counsel of OPGA, OPWA, and City Attorney. I. Access to OPGA financial records by City Representatives. COMMENTS 1. It should be noted that there is some risk associated with an investment of this nature. The loan will not be secured by a primary mortgage on any assets. In the event of default, the only method to protect the investment would be to "bail out" the OPGA and assume management of the Trust assets (golf course). 2. The staff has reviewed the management firm's "proforma" and believe it to be accurate and based on sound management data from other area operations. Based on a five year proforma, there should be no problem with a payment structure as contemplated in 6-D (above). 3. At least $173,000 be set aside by the OPGA in the Trustee bank for a portion of the first payment on the 1992 bonds (required to have $203,000 by July 1, 1994). By setting aside most of the first payment, there is more assurance of adequate notice prior to a possible default. This set-aside is much like the reserve requirement of most bonds (however, $173,000 is substantially more, percentage-wise, than most reserve requirements). 4. The staff views this as a very unique investment opportunity that meets the criteria outlined in the initial goals of the program. It benefits the City investment plan; it supplements the General Fund, thus helping to meet growth demands; it saves the OPGA money in bond ,r issuance cost and interest cost. ' S. The success of this plan, if adopted, could certainly set the stage for other innovative investment opportunities utilizing a stronger entrepreneurial basis for our decision making process relating to investment. 6. This program can be equated to our innovative programs in self-insurance, environmental programs, technology programs, salary enhancement program, capital outlay subsidy program, privatization programs, and the quality initiative now under way. It has great potential. REQUEST This request is for Council approval of the above concept and authorization for the staff to initiate the development of the documents necessary to implement the investment. ~ NOTE: Please note that the legal cost of drawing the necessary documents would be charged to the OPGA and would be drawn against the proceeds of the loan. Nonetheless, a substantial amount of money will be spent developing the documents ($1500). Additionally, the staff will devote several hours to the project. It is essential that a Council direction to develop these documents be an indication of your receptiveness to the concept. RECOMMENDATION ' The staff recommends that the Council authorize the staff to develop documents relating to such concept for presentation to the Council at the June 1, 1993 meeting. ' ATTACHMENTS 1. Informational sheet relating to pooled funds 2. Five-year golf course proforma City of Owasso ~ Consolidated Cash Account May 1993 Balance Collision Self-Ins Plan $64,582.06 Workers' Comp Self-Ins Plan 264,513.90 Ambulance Service 31,726.89 E - 911 21,798.58 General Fund 275,661.58 Debt Service 28,650.54 Senior Citizens 177.59 Community Center 11,953.08 Cemetery Care 88,565.35 Capital Improvements 325,401.46 Park Development 31,825.19 Ambulance Capital 76,998.80 Total $1,221,855.02 OWASSO PUBLIC GOLF AUTHORITY REVENUE ANTICIPATION NOTE DEBT SERVICE SCHEDULE i~ DATE ------------------ PRINCIPAL ---------------- COUPON --------------- INTEREST ------------ PERIOD TOTAL --------------- FISCAL TOTAL --------------- 1/1/94 11,000.00 11,000.00 11,000.00 7/1/94 11,000.00 11,000.00 1/1/95 11,000.00 11,000.00 22,000.00 7/1/95 11,000.00 11,000.00 1/1/96 11,000.00 11,000.00 22,000.00 7/1/96 11,000.00 11,000.00 1/1/97 40,000.00 5.500000 11,000.00 51,000.00 62,000.00 7/1/97 9,900.00 9,900.00 1/1/98 45,000.00 5.500000 9,900.00 54,900.00 64,800.00 7/1/98 8,662.50 8,662.50 1/1/99 45,000.00 5.500000 8,662.50 53,662.50 62,325.00 7/1/99 7,425.00 7,425.00 1/1/00 50,000.00 5.500000 7,425.00 57,425.00 64,850.00 7/1/00 6,050.00 6,050.00 1/1101 50,000.00 5.500000 6,050.00 56,050.00 62,100.00 7/1/01 4,675.00 4,675.00 1/1/02 55,000.00 5.500000 4,675.00 59,675.00 64,350.00 7/1/02 3,162.50 3,162.50 1/1/03 55,000.00 5.500000 3,162.50 58,162.50 61,325.00 7/1/03 1,650.00 1,650.00 1/1/04 --- 60,000.00 ------------- 5.500000 --- 1,650.00 ------------- 61,650.00 --------------- 63,300.00 400,000.00 160,050.00 560,050.00 ACCRUED 400,000.00 Dated 7/1/93 with Delivery of 7/1/93 160,050.00 560,050.00 BAILEY GOLF RANCH Forecssted Statestsnt of Cash Flow F1ve Yesrs andin8 J~rte 30, 1998 BAILEY GOLF RANCH 93/94 START-UP BUDGET ROUNDS OF GOLF TOURNAMENT ROUNDS OF GOLF AVERAGE GREEN FEE AVG. TOURN FEE (CART INCLUDED) CART fEE (1/2 CART) OPERATING REVENUESS GREEN FEES CART FEES (65x of rounds) DRIVING RANGE FEES FOOD 1G BEVERAGE SALES PATRON CARD SALES TOURNAMENT INCOME OTHER INCOME TOTAL OPERATING REVENUES 1993-1994 1994-1995 1995.1996 19%•1997 1997-1998 5YR TOTAL 11 months 35,112 44,500 46,500 48,000 48,000 1,008 1,500 2,000 2,000 2,000 15.16 16.50 17.50 18.50 19.SD 25.00 25.00 30.00 30.00 30.00 9.00 9,00 9.50 9.50 10.00 532,382 734,250 813,750 888,000 936,000 3,904,382 206,325 261,490 288,423 297,727 313,397 1,367,362 26,616 35,419 38,861 42,121 44,227 187,244 160,874 274,081 234,888 254,589 267,318 1,131,750 86,650 95,315 104,847 175,331 126,864 529,007 25,200 37,500 60,000 60,000 60,000 242,700 4,335 5,769 6,329 6,860 7,203 30,497 51,042,382 (1,383,825 51,547,099 51,664,628 51,755,009 57,392,942 OPERATING EXPENSES: GOLF SHOP EXPENSES GOLF CART EXPENSES GOLF COURSE EXPENSES FOOD COST OF SALES FOOD & BEVERAGE EXPENSES (OTHER) CLUBHOUSE EXPENSES GENERAL & ADMINISTRATIVE EXPENSES TOTAL OPERATING EXPENSES MET INCOME (before interest income debt servlee or capital) ADDITIONAL CASH AVAILABLE oEBT SERVICE (CITY) DEBT SERV]CE (BONGS) CAPITAL OUTLAYS (RESERVES) INTEREST ON RESERVES INTEREST INCOME 115,512 120,132 124,938 129,935 135,133 625,650 77,795 117,075 121,757 126,62$ 131,693 574,948 412,022 428,503 445,643 463,469 482,007 2,231,644 55,152 73,393 80,526 87,280 91,644 387,994 59,076 61,439 63,897 66,452 69,111 319,975 65,082 67,685 70,343 73,208 76,137 352,505 133,180 138,507 144,047 149,809 155,802 721,346 ANNUAL NET INCOME (LOS53 FORCASTED ANNUAL CASH FLOW JULY 1ST DEBT SERVICE (MID YEAR PAYMENT) ASSUMPTIONS 1) CART PATHS ARE COMPLETED 2) CITY DEBT SERVICE IS AN ESTIMATE BASED ON 1400,000 B 5.5X - 10YRS YEAR 1-3 [NT. ONLY/YR 4-10 P&I 3) THE FACILITY HAS 550,000 srART-UP MONEY NOT [NtLUDED IN CASH FLDu 5917,819 E1,006,734 51,051,201 51,096,782 51,141,526 55,214,062 5124,563 1377,040 5495,898 5567,846 1613,483 52,178,880 203.974 0 0 0 0 203,974 (22,000) (22,000) (22,000) C79,143) (76,000) (221,143) 0 (407,948) 1407,948) (457,448) (506,448) (1,780,7'92) 0 (10,000) 115,000) (50,000) (100,000) (175,000) 26,125 26,125 26,125 26,125 26,125 130,625 12,337 12,337 15,698 16,319 16,918 73,609 5344,999 (124,396) 592,773 523,199 (526,422) 5410,153 5344,999 5320,603 5413,376 1436,575 5410,153 5203,974 5203,974 5203,974 1253,974 5252,974 4) BOND DEBT SERVICE PAYMENTS ARE DEPOSITED MONTHLY TO ACCRUE INTEREST 5) f1XED EXPENSES ARE INCREASED AT 4X PER YEAR 6) BOTH CLUBHOUSE & GOLF COURSE EQUIPMENT ARE LEASED AND INCLUDED IN THIS CASH FLO•J STATEMENT 05/14/93 1 1 1 1 ~' MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCII. CITY OF OWASSO FROM: SUBJECT: DATE: BACKGROUND: RODNEY J RAY CITY MANAGER REQUEST FOR AGREEMENT June 11, 1993 RECREATIONAL FACILITY PROJECT The 1992 golf course Revenue Bond issue contains a recreational facility agreement between the City of Owasso and the Owasso Public Golf Authority. This agreement was included as an enhancement in the process of marketing the revenue bonds. The agreement contains no lan~uaae that binds the Citv in anv wav to anv financial bail out of the nroiect in case of default. The restriction is clearly defined in section three and four of the agreement (see attached document). This agreement does allow the City Council to review the financial picture and the status of the golf course operations and to make decisions based on that information. The attached agreement has been discussed with and reviewed by Mr Cates. Please note that this agreement terminates on June 30, 1994 and under the agreement's current conditions, a request for renewal will be presented to the Council on an annual basis. If approved, the OPGA will execute their portion of the agreement during their meeting on June 22nd. RECOMI~~NDATION: The staff recommends that the Mayor be authorized to execute the Recreational Facilities Project Agreement, which makes no requirement upon the City for the payment of any obligation incurred by the OPGA. ATTACHMENT: 1. Recreational Facilities Project Agreement I~ RECREATIONAL FACILITIES PROTECT AGREEMENT THIS AGREEMENT is made and entered into and effective as of the 1st day of July, 1993, by ' and between THE OWASSO PUBLIC GOLF AUTHORITY, an Oklahoma public trust (hereinafter called the "Authority"), created pursuant to the laws of the State of Oklahoma (particularly, but not exclusively, Title 60, Oklahoma Statutes 1981, Sections 176 to 180.3, inclusive, and the Oklahoma Trust ~ Act), and the CITY OF OWASSO, OKLAHOMA, a municipal corporation (hereinafter called the "City"). WHEREAS, the City has authorized the Authority to incur indebtedness providing funds for the payment of the costs of constructing, acquiring and equipping an eighteen hole golf course in the City of Owasso (the "Project"); and WHEREAS, in order to immediately proceed with the Project and thereby achieve substantial ' cost and other savings in connection therewith, the Trustees of the Authority have determined to finance the Project through the issuance of the Authority's Recreational Facilities Revenue Bonds, Series 1992, in the aggregate principal amount of $4,905,000 (the "Bonds"); and ~ WHEREAS, it has been determined that the Project will further the implementation of the public ~ health and welfare of the City, which purposes are authorized and proper functions of the Authority; and ~ WHEREAS, the Authority has entered into a Bond Indenture, dated as of January 1, 1992 (the "Indenture"), with Bank of Oklahoma, National Association, Tulsa, Oklahoma, as Trustee (the "Trustee"); and WHEREAS, all things required to be done to make this Agreement a valid and binding agreement by and between the City and the Authority have been done, happened and performed. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. Issuance of Bonds by the Authority The Authority agrees to proceed with the construction and equipping of the Project and to prosecute such use diligently until completion. 2. Project Payments. If and in the event the Authority is unable to make the payment, or any portion thereof, into the Bond Fund, when due, pursuant to Section 6.01 (B) of the Indenture, from Authority revenue, then in such event, the City will give consideration to the funding of such payment, or any portion thereof, provided, however, there exists available, unappropriated and unencumbered funds of the City, and further, subject to the discretionary appropriation of same by the City. In addition, such payments shall be used as set forth in the Indenture and shall be in such amounts as are necessary for the payment when due (whether upon the schedule due date, upon purchase, or acceleration, or otherwise) of (a) principal of and interest on the Bonds coming due at such time, and (b) all other amounts due under ~ the Indenture, provided that, additionally, the City may during such consideration require operational, policy, and management changes as a condition of any funding or subsidy appropriation. 3. City Not Obligated BeXond Its Fscal Year. It is hereby acknowledged that under applicable Oklahoma law, the City may not become obligated beyond is fiscal year (July 1 through June 30) and therefore, the covenants made herein by the City shall be on a year-to-year basis. Payment of the Project Payments as set out herein is subject to availability of funds and the discretionary appropriation thereof by the City. Any Bonds issued by the Authority shall in no wa~be or become an obligation of the City. 4. No Default: Fnancial Statements. The City is not in default in the performance, observance or fulfillment of any material obligation, covenant or condition contained in any material agreement or instrument to which the City is a party of by which the City or any of its property is bound or in any of the obligations, covenants or conditions contained in this Agreement. The financial statements of the City as and for the period ended June 30, 1992, supplied to the Authority fairly present the financial status and operating results of the City as of such date and for the period covered thereby and there has not been any material adverse change in the financial condition of the City since such date; and to the best knowledge of the City, the Annual Report of the City dated June 30, 1992, heretofore delivered to the Authority does not contain any untrue statement of a material fact and does not omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. The City hereby agrees to supply to the Authority the annual report and other financial statements prepared by the City no later than December 1 annually, and such other financial information of the City r as the Authority may from time to time reasonably request. ~ 5. Third Party Beneficiary Contract. It is understood and agreed that this Agreement is a third party beneficiary contract for the benefit of the owners of the Bonds and may be pledge and assigned by the Authority as security for the Bonds to be issued pursuant to the Indenture. 6. Term. The primary term of this Agreement shall be for a term commencing on the effective date of this Agreement and terminating on June 30, 1993. The city may, at its option, renew this Agreement for successive one (1) year terms commencing on July 1, 1993, and on each successive July 1 thereafter, until payment or provision for payment has been made for all Bonds by taking such official action as may be required by law to effect such renewal on or before July 22 of such year. Each such renewal term shall be upon all of the terms, conditions and provisions herein contained. A copy of the official action effecting each such renewal shall be delivered to the Authority and the Trustee within ten (10) days after the taking thereof. 7. Notices. Any notice or other communication required or permitted hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as listed below, or to such other address as the party concerned may substitute by written notice to the other: If to the Authority: The Owasso Public Golf Authority c/o Chairperson 207 S Cedar Owasso, Oklahoma 74055 2 If to the City of Owasso: City of Owasso c/o City Clerk 207 S Cedar Owasso, Oklahoma 74055 8. Applicable Law. It is the intention of the parties that the laws of the State of Oklahoma shall govern the validity of this Agreement, the construction of its terms and interpretation of the rights and duties of the parties. 9. Amendment of Agreement. No amendment or modification hereof shall be deemed valid unless first reduced to writing and signed and dated by both parties hereto and unless written consent thereto of the Trustee and, under certain circumstances, of the Bondholders has been obtained as more fully set forth in Section 11.02 of the Indenture. Fully executed copies of this Agreement shall be deemed for all purposes as duplicate originals. 10. Partial Invalidity of Agreement Should any section, clause or provision of this Agreement be invalid or void for any reason, such invalid or void section, clause or provision shall not affect the whole of this instrument, but the balance of the provisions hereof shall remain in full force and effect. 11. Section Headings Not Controlling- The headings of the several sections of this Agreement have been prepared for convenience of reference only and shall not control, affect the meaning of, or be taken as an interpretation of any provision of this Agreement. 12. Binding Agreement. This Agreement shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. The City hereby acknowledges that this Agreement will be pledged to the Trustee for the holders of the Bonds, and the City consents to such pledge. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. CITY OF OWASSO, OKLAHOMA a municipal corporation ATTEST: Marcia Boutwell, City Clerk (SEAL) By: Bob Randolph, Mayor 3 Approved by the Owasso Public Golf Authority on the 22nd day of June, 1993. I~ By: ATTEST: Marcia Boutwell, Authority Secretary (SEAL) THE OWASSO PUBLIC GOLF AUTHORITY T M Rilckola, Jr, Chairperson 4 n~oxnrmuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY ' CITY MANAGER SUBJECT: REQUEST FOR THE ESTABLISHMENT OF A "COMMITTEE ON THE DEVELOPMENT OF YOUTH ACTIVITIES" AND APPOINTMENT OF A CHAIRPERSON THEREOF DATE: June 11, 1993 BACKGROUND• Councilor Bums has approached the staff with a concept that could have a very positive impact on the quality of life in our community. In an effort to focus attention on the need for additional activities for Owasso's young people, Councilor Bums has proposed the creation of a local task force to help identify needs and propose solutions. The vision is for the committee to be comprised of a cross section of community interest, hold regular meetings, and gain considerable input from Owasso's youth. It is believed that those activities will focus public attention on the need for development of youth activities, and create opportunities for activity development through private and public sector financing of programs and activities. Surveys of students within the Owasso school system continue to indicate that there is a perceived lack of recreational alternatives available to the community's youth. Owasso students ~ overwhelmingly believe that, in order to "have something to do", they must leave the community and drive to Tulsa where they believe there are numerous activities. There are several ' "drawbacks" to such a perception, including safety issues of having young people on the roads during late evenings, and the obvious loss of recreational dollars from the community. ' The creation of a committee charged with the task of identifying needs and proposing solutions to those needs could serve to focus the community's attention and resources on an issue that has long been identified as a major problem by our citizens, business leaders, religious community, and city policy makers. Assistance to such a committee can be found from various sources, including the Owasso Public Schools, churches, civic groups, recreational organizations, private- non-profit organizations, recreational oriented businesses and public sector recreational facilities. Additionally, there are resources from the private sector available, both in terms of program development and potential investment opportunities in needed service areas. Memorandum ' Youth Activities June 11, 1993 ' Page 2 The staff has worked with Councilor Bums and believes that the suggestion of creating this task force has merit and should be pursued. However, the creation of such a group is a policy decision to be made by the Council. Additionally, the staff would like to support the committee in its efforts, thus an official creation by the Council is requested. It should be noted that these committees function best when they are charged with a general overall goal and left to develop their own operational details. Thus the request is for the creation of the committee and specifically does not include details of specific operations and functions. It should also be noted that the group does not have a budget and will be required, at least initially, to function as a focus group and in a resource coordinator role. It could well be that the group will evolve from that role as it defines its mission and establishes goals. The staff agrees there is a need for this effort and that a central focus on the need could be very productive. Councilor Bums has made the proposal and is enthusiastic relative to its purpose and potential. That type of enthusiasm is needed to help ensure the success of the committee and to generate a positive environment for program development. Therefore, it is suggested that, if the Council does create such a committee, Councilor Bums be asked to be the first chairperson of the group and assist in the development of the committee's mission statement, program goals, and plan of action to achieve those goals. ,~ RECOMI~~NDATION: The staff recommends that the Council approve the creation of a Committee on the Development of Youth Activities and that Councilor Bums be requested to chair such a committee. ~oxarmuM ~ TO: HONORABLE MAYOR AND CITY COUNCII, ~ CITY OF OWASSO FROM: TIMOTHY ROONEY, CITY PLANNER ' SUBJECT: RAM PLAZA -FINAL PLAT DATE: June 10, 1993 BACKGROUND: In review, Ram Plaza is a 9.24 acre tract located at the northwest corner of 86th Street North and 129th East Avenue. Ram Plaza is also a Planned Unit Development (OPUD-11), and is intended for commercial and office development and use. The preliminary plat for Ram Plaza was reviewed by the Technical Advisory Committee at its March 3, 1993 meeting and approved by the Owasso Planning Commission at its March 18, 1993 meeting. The final plat was reviewed by the Technical Advisory Committee at its May 5, 1993 meeting. All corrections recommended to be made to the plat by the Technical Advisory Committee have been completed, as well as all corrections to the covenants. The Planning Commission unanimously approved the final plat on May 20, 1993 with the condition that it would not be forwarded to the Owasso City Council until all construction plans were correct and approved. ' Mr. Munn has reviewed all of the construction plans and the revisions and has found them to be in compliance with the City of Owasso's design criteria. A memorandum from Mr. Munn is included for your review. The applicant is still required to obtain Oklahoma State Department ~ of Health approval before staff would permit the execution and filing of this plat. In addition, all other aspects of the final plat for Ram Plaza are in compliance with the Owasso Subdivision Regulations and the conditions of the OPUD-11 case. ' RECOMMENDATION: The final plat for Ram Plaza is in compliance with all applicable regulations of the City of ~ Owasso; therefore, staff recommends approval of the Ram Plaza final plat. ~ ENCLOSURE: ' 1. Ram Plaza final plat. 2. Ram Plaza covenants. ATTACHED: i 1. Memorandum from Mr. Munn. MEMORANDUM TO: TIMOTHY ROONEY, CITY PLANNER FROM: ROHN MUNN, ENGINEERING TECHNICIAN SIIBJECT: RAM PLAZA PIID Noll DATE: June 9,1993 BACRGROIIND: The construction plans for the above mentioned project have been reviewed by the Engineering Dept. All requested revisions have been made and reviewed. The plans and revisions are in compliance with the City's design criteria. The applicant's engineer is requesting final plat approval and based upon our review we can support this request. RECOMMENDATION: Therefore, I feel Ram Plaza construction plans are acceptable and meet City standards. ~o~rrDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY, CITY PLANN]CR ^ SUBJECT: BRENTWOOD ESTATES -FINAL PLAT ' DATE: June 11, 1993 BACKGROUND: The Brentwood Estates final plat was approved by the Owasso Planning Commission at its October 15, 1993 Planning Commission meeting. Brentwood Estates is located approximately 1/2 mile west of the Northwest corner of 86th Street North and 145th East Avenue. The tract ~ is abutted by undeveloped land on the north and east which is zoned RS-2, on the south by undeveloped land located outside of the City of Owasso limits and zoned AG, and on the west by Owasso Junior High School which is zoned AG. Brentwood Estates is zoned RS-2 (Residential Single-Family Medium Density) which has a requirement of 75 feet of frontage and 9,000 square feet of lot area. The proposed lots within Brentwood Estates have areas of 10,000 squaze feet and greater and the average lot frontage is ,~ 90 feet. ' As indicated by the date of the Owasso Planning Commission approval, a significant amount of time has passed between the date of the Commission's approval and request for approval of the final plat from City Council. This delay is two fold in nature. ' The first delay was a result of the applicant's request to be released from Roger's County Rural Water District #3. The Owasso Public Works Authority did not approve the expenditure to "~ obtain this water service azea until March 2, 1993. The second delay was due to the time necessary to review the construction plans for sanitary sewer collection. Several revision processes were required to be completed by Mr. Fred r George, Project Engineer for Brentwood Estates. Staff s goals in these review processes were to eliminate any acceptance of substandard or "private" sewer lines and to ensure that the entire ' drainage basin that Brentwood Estates is located in would be capable of being served by the proposal. 1 Both private lift stations, located at the Owasso Sr. High and Jr. High Schools, will be abandoned and rebuilt into new manholes for a new 8" gravity flow line that will flow to the proposed new lift station located east of the entrance to the Owasso Jr. High School. From this point, all sanitary sewer will be directed to a 10" sewer main located just east of 123rd East Avenue on the north side of 86th Street North via an 8" force main. Staff has studied this proposal in depth (please refer to the memorandum from Mr. Munn and drawings submitted by ~ Mr. George) and feels it is a significant improvement to what currently exists in the area and is more than adequate in its ability to handle future growth as Brentwood expands. The City of Owasso has received approval from the Oklahoma State Health Department. All other aspects of a final plat submittal have been met by the applicants of Brentwood Estates regarding the Owasso Subdivision Regulations and requirements of the Technical Advisory Committee. RECOMMENDATION: Staff is recommending approval of the final plat for Brentwood Estates. Please note, if approved by the Owasso City Council, upon completion of the construction of the proposed sanitary sewer system, the applicant will still be required to obtain City acceptance of the improvements. ATTACHMENTS: 1. Memorandum from Mr. Munn. ENCLOSURE: 1. Drawings and text submitted by Mr. George. 2. Final plat of Brentwood Estates 3. Covenants of Brentwood Estates fl ~o~vnvM TO: TIMOTHY ROONEY, CITY PLANNER FROM: ROHN MUNN, ENGINEERING TECHNICIAN SUBJECT: BRENTWOOD ESTATES SUBDIVISION DATE: June 9, 1993 BACKGROUND: It is my understanding that the developer of Brentwood Estates Subdivision is requesting City Council approval of the first phase of the above mentioned project. A review of the construction plans has been conducted by the State Health Department (water and sanitary sewer) and by the engineering staff (water, sewer, streets and storm drainage). It has been determined that these plans meet the health department regulations and are in compliance with the City's design criteria. The water distribution system has been designed to properly provide water to the first phase as well as all future phases and is supplied by a 12" main line located on the south side of 86th Street. The streets are designed to be concrete with a standard concrete curb and gutter section. The storm drainage system has been designed to carry the required flows and meets the City's detention requirements. ' Finally, the overall sanitary sewer collection system for the project consists of (1) an on-site gravity flow system and (2) an off-site force main system. The on-site gravity flow system meets the City's design criteria and flows into a new lift-station proposed to be located off-site ' near the Owasso Junior High entry road and 86th Street. The existing~private force main system serving the schools will be abandoned. The new lift-station will contain new submersible pumps and be constructed to handle the flows from all the development phases of Brentwood ~ Estates as well as a large area adjacent to the subdivision. The existing high school lift-station and the existing junior high lift-station will be abandoned and the pumps removed. They will then be rebuilt as new manholes and tied to the new lift-station with a new 8" gravity flow main line. This will allow the private services lines from the high school and junior high school to ~ tie to the new manholes and 8" gravity flow main line. The new lift-station will also receive flow from the existing private Hodson School 4" force main line. The flows from the new lift- , station will be carried by a new 8" force main line that runs approximately 3/4 mile west to a 10" gravity flow line at a manhole located east of 123rd E. Avenue and on the north side of 86th _ Street. As Brentwood Estates develops a second smaller lift-station will be constructed at the northwest corner of 86th Street and 145th E. Avenue and will tie to the new larger lift-station. ' I have attached the detailed maps and description of the off-site sanitary sewer collection system that the developer's engineering, Mr. Fred George P.E., provided. In addition to the engineering review completed by the staff, Mr. George as the professional ' design engineer will be required to sign and seal the final plat, construction drawings, and as- built drawings. ~ RECOMMENDATION: Therefore, I recommend approval of the construction plans for the first phase of Brentwood ~ Estates. ' MEMORANDUM TO: FROM: ' SUBJECT: DATE: '~ BACKGROUND• u HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY, CITY PLANNER PURCHASING OF PLAYGROUND EQUIPMENT FOR ELM CREEK AND RAYOLA PARKS June 10, 1993 Since February, Bret Hunt and I have been reviewing different playground equipment options for both Elm Creek and Rayola Parks. Our goals in selecting equipment centered around the equipment being durable (withstanding both children and weather elements), safety, amount of entry points and the amount of activities, and cost. It was also felt that Elm Creek and Rayola Parks should be selected for playground equipment as it has been over seven years since new equipment had been placed in either. Aaron Fence Company, the local distributor for Iron Mountain Forge playground and park equipment, submitted a brochure to the City that had two pieces of equipment that interested the staff. Upon discussing these pieces of equipment and the brochure in general, it was discovered that Aaron Fence Company had also submitted the same brochure and bids to the City of Tulsa Parks Department. Due to a recent change in our bidding process (Ordinance #455), it enabled us to utilize the bids awarded by the City of Tulsa because they were a City of over 50,000 people. Pictures of the two pieces of equipment, one for Rayola Park and the other for Elm Creek Park, are attached for your information and review. It is our strong opinion and belief that these two pieces of equipment provide the most durability, safety, accessibility, and activity for the lowest cost. The total price for both pieces of equipment is $9,282.00 (Freight Included). In addition to the equipment, it is also necessary to purchase the required material to cover the ground area in which the equipment is to be located. New safety requirements mandate that all playground equipment is to be installed with a "resilient surface area" such as pea gravel or wood chips, in order to provide for a safe area in the event that a child falls from the equipment. Upon further review, staff felt that wood chips would be a better selection due to costs and avoidance of injury should the children actually fall or throw the pea gravel at each other. The total cost for covering both areas is $1474.00. In conjunction with the above items, several other items are needed in order to provide for proper installation, maintenance and drainage of the site in which the playground equipment is to be located. A complete list of these additional materials is contained within Mr. Hunt's memorandum included within your packet. Also included is a drainage profile of the equipment area. The total costs of the associated materials is $1,130.00. FUNDING: Funding for this project is contained in FY 92-93 budget under the "Other Funds" section entitled "Park Development Fund" (Page 86). The approved budget contains an appropriation of $15,000 for the purchase and installation of parks equipment. RECOlVIlViENDATION: Staff is recommending Council approval of this project by approving the purchasing of the following: $9,282.00 - To Aaron Fence Co. of Tulsa, OK for the purchasing of two pieces of playground equipment. $1,474.00 - To Rex Playground Equipment of Oklahoma City, OK for wood chips for resilient ground cover. $1,130.00 - To allow for the purchase of additional items to ensure proper installation, maintenance and drainage of the structures. ATTACHMENTS: 1. Pictures of the requested playground equipment. 2. Memorandum from Mr. Hunt. 3. Drainage profile. ~ox~vnuM TO: TIM ROONEY, CITY PLANNER FROM: BRET HUNT, PARK SUPERVISOR SUBrTECT: PLAYGROUND STRUCTURE MATERiAi S DATE: June 10, 1993 This is a material list for pre installation of playground equipment and resilient surfacing. 1 85-90 yds. of Wood Chips $1474.00 8 Sx5x20' Pressure Treated Timbers @ $27.50 220.00 8 10' - 4" Perforated Pipe @ $3.75 30.00 4 4" - 90 degree elbows @ $12.50 50.00 2 1500 square foot Fabric Filter @ $150.00 300.00 2 Concrete Ramps @ $200.00 400.00 1 30 tons 1 1/2 inch marble 130.00 t -:~ 6• _ _ -_ ~ r LLB ~ _ - _ +~' ~-~~ -- _ ~. Li'i~._ .~~: r t'AlSL~ & Ktl. UL1'1 . !' . •+~~ i~ UUU ~ U11J ~ i' r ?la ~f I'9r .`.~... r a`%`. ~..:r''C Sr'i' ~ ~ ~GC.~ CiG'. C. i .. ~, j "^,~ ~ r " , .v ~ h• L ~ `. - ~ ~ ~ Y J 4:7 3LpPE MAXlhtliE~{ `~ .l \ \ ,~ v~i~~j1}c" ~i~ .,G,~~,~, , - f~ ; i ,^ r ~ G~. ~ ~ ~1i.71. ~ 40 5~.'~.NC -- EX1S1'iNG GRAD i\ ~a tt are ,- ..~~... ~uc~~'t; S~~ ~S 1 f ''GCC Dr~~rGGc .. .games R. f.emcn anc „ss:,c:~tes ..ra~~t~ir.g • Site Oevei~~pmer' . ~ 3 ,. ..~ .~.... X545 ;, '~ f'C5.,2.... ~.. . =r~_ . East 10, ~h St. o~. -u~sa, 4kishcma 7-: + 33 ~ ~ 8 369-2323 mate: ~C ~::sust ~ce~ ., ~oRarmuM TO: HONORABLE MAYOR AND CITY COUNCIL OWASSO, OKLAHOMA FROM: ROHN MUNN, ENGINEERING TECHNICIAN ,,~ SUBJECT: IlVIPROVEMENTS TO THE WATER,WASTEWATER, AND STREET SYSTEMS FUNDED BY A CDBGED GRANT, PROJECT #5252 (MAX BUCHANAN INFRASTRUCTURE) Solicitation of Bids DATE: June 9,1993 BACKGROUND• On April 6,1993, the City Council awarded a contract to Sack And Associates, Inc. of Tulsa, Oklahoma for the purpose of designing, preparing bid documents, construction administration +s and issuing final reports that would establish a newly constructed road connecting to the south end of Main Street and running south and east to the easterly edge of the Max ' Buchanan property. This road will have a asphaltic concrete surface with a concrete curb and gutter section. A second part of this project is a new 10" gravity flow sanitary sewer line that goes from the main lift station located at the existing lagoon northerly to the south side of the ~ proposed 5th Avenue, then heads westerly for about 300 feet. The final part of the project is anew 6" PVC water line that will loop around the Max Buchanan project tying Cedar Street to Birch Street. The staff has received the plans, contract documents and bid specifications for the CDBG-ED Grant, Project #5252 (Max Buchanan Infrastructure). The construction plans are included in the packets. The bid documents are lengthy and difficult to reproduce and are available for ~ review in my office at City Hall. ~ RECOMMENDATION: The staff recommends the City Council authorize the staff to solicit bids for the construction of water mains, wastewater collection mains, and the extension of South Main Street to the ,,.,, Max Buchanan site. ' ~oxnxnuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVE COMPTON ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT SUBJECT: INTERLOCAL AGREEMENT WITH TULSA COUNTY FOR STREET PAVING SERVICES ON INDUSTRIAL INFRASTRUCTURE PROJECT DATE: June 10, 1993 BACKGROUND• 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) Interlocal Agreement With Tulsa County for labor & equipment. The final results of this project will be the opening of the City owned land located at the end of South Main for future municipal and industrial uses. The final step to be taken in order to bring all facets of this project together is the formal approval of an interlocal agreement with Tulsa County. The specific purpose of the agreement is for Tulsa County to provide the labor and equipment for the paving of South Main Street and East Fifth Avenue. It has been determined by the county that this project is mutually advantageous to both the City of Owasso and Tulsa County and they aze prepazed to contribution labor and equipment in the amount of $30,000. There will be no direct cost to the City (see attached Agreement). RECOMNIENDATION• The staff recommends City Council approval of an "Interlocal Governmental Agreement" providing for the paving of South Main Street and Fifth Avenue improvements, funded by CDBG-ED grant #5252. ATTACHMENT: (1) Interlocal Agreement AGREEMENT THIS AGREFIlSNT, made the day of , 1993, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "City". WITNESSETH: WHEREAS, by virtue of 69 O.S., Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be for a period equal to the time necessary to complete the projects described herein, based upon the County's work schedule. 2. The purpose of this Agreement shall be the paving of Main Street and 5th Avenue in the Max Buchanan Business Park for the City, per plans and specifications developed by the City. 3. The City shall pay for all materials and provide required traffic control. 4. The County shall provide labor and equipment for paving the designated sections of roadway; estimated cost to be $30,000. 5. This Agreement shall be effective from and after the date of execution thereof and is intended only for the purpose detailed in Section 2 above. 6. The rights, duties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the written consent of the other. -2- s APPROVED AS TO FORM: City Attorney ATTEST: City Clerk ATTEST: CITY OF OWASSO, OKLAHOMA Mayor BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA County Clerk DATE: Chairman ~oxnrmuM TO: THE HONORABLE MAYOR AND CITY COUNCII. CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF INTERLOCAL GOVEP:NMENT AGREEMENT DATE: June 11, 1993 BACKGROUND• Negotiations between the staff and Tulsa County have resulted in an agreement that would provide for a county road construction crew to provide the necessary equipment and labor to construct the entrance road into the Bailey Golf Ranch. Under the terms of the agreement, the Golf Authority will purchase all materials to be used in the road construction and the county will construct the road. The resulting savings to the OPGA is estimated to be $25,000. Pursuant to 69 O.S., Section 1903, the County Board of Commissioners may enter into agreements with municipalities to construct, improve, and repair any street of the municipality. Thus, the agreement to construct this roadway is between the city and the county, even though the OPGA will actually pay for the cost of the material. The only criteria for the agreement is that the street constructed be a public roadway of the city (Larkin Bailey Boulevard), and that the project be mutually advantageous to the county and "other units of government". This project meets both those criteria. REC011~~NDATION• The staff recommends City Council approval of the Interlocal Governmental Agreement between the City of Owasso and Board of County Commissioners of Tulsa County for the construction of Larkin Bailey Boulevard. ATTACHMENT: 1. Proposed Interlocal Governmental Agreement THIS AGREElsBNT, made the day of , 1993, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Tulsa County, Oklahoma, acting on behalf of Owasso Public Golf Authority, hereinafter called "City". wlTx$ssETa: WHEREAS, by virtue of 69 O.S., Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be for a period equal to the time necessary to complete the projects described herein, based upon the County's work schedule. 2. The purpose of this Agreement shall be the construction of a public street for the City, per the plans and specifications developed by Poe and Associates. 3. The City shall pay for all materials and provide required traffic control. 4. The County shall provide labor and equipment for paving the designated sections of roadway. 5. This Agreement shall be effective from and after the date of execution thereof and is intended only for the purpose detailed in Section 2 above. 6. The rights, duties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the written consent of the other. i~ APPROVED AS TO FORM: City Attorney ATTEST: City Clerk ATTEST: County Clerk DATE: -2- CITY OF OWASSO, OKLAHOMA Mayor BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA Chairman ii i~ MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCII. FROM: SHERRY BISHOP, CITY TREASURER SUBJECT: REQUEST APPROVAL OF CDBG FUND BUDGET FOR FISCAL YEAR 1992-93 DATE: JUNE 10, 1993 BACKGROUND: More than a year ago, the City Council approved contracts and authorized the OEDA to administer aCDBG -Economic Development loan from the Oklahoma Department of Commerce to Woods Precision Products, Inc. At that time, Council approved payments and the transfer of funds between the City, ODOC, and the OEDA. In June of 1992, when Council approved the annual budget for fiscal year 1992-93, the CDBG accounting was new and staff failed to include it in the budget. No city money is actually expended by the CDBG fund operation. It is merely an accounting "pass through" between ODOC and the OEDA. However, to be in compliance with budgetary statutes, the City Council should approve a budget for the CDBG fund. A proposed budget for fiscal year 1992-93 is attached. Please note that this fund was included in the FY 1993-94 budget recently presented to the Council. RECOMMENDATION: Staff recommends City Council approval of the attached proposed budget for the CDBG (Woods Co. Loan) Fund. ATTACHMENT: Proposed Budget CDBG (WOODS CO LOAN) PROPOSED BUDGET FY 1992-93 PROJECTED BEGINNING FUND BALANCE (7-1-92) PROPOSED REVENUE & TRANSFER IN ODOC -CDBG Administrative fees Transfer from OEDA TOTAL REVENUE PROPOSED EXPENDITURES & TRANSFER OUT CDBG ED Contract #4626 Transfer to OEDA TOTAL EXPENDITURES PROPOSED NET 2,690 1,200 3,890 1,200 2,690 3,890 0 0 PROJECTED ENDING FUND BALANCE (6-30-93) $0 i~ u fl ~o~~ TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR AMENDMENTS TO FY 1992-93 GARAGE FUND BUDGET DATE: June 11, 1993 BACKGROUND: The City Council adopted a FY 1992-93 Garage Fund budget that included an appropriation of $65,200 for vehicle replacement and repair parts. The budget also included a similar amount as revenue generated by the sale of those parts to the various departments. The staff recommended the budget figures based on a best estimate of the amount of repair work needed during the year. The garage fund is an enterprise fund that is based on the theory that the sale of parts will be equally offset by the revenue generated by the sales. Fortunately, that has been the case this year. Since last July, after the Finance Department conducted an inventory check of the garage, the garage has operated its repair functions on a break-even basis. However, the original appropriation for parts needed for vehicle repairs was underestimated and ' an amendment to both the revenue and expenditure side of the budget is requested. In order to continue operations needed by the various departments, fund repairs now underway, and provide a contingency for repairs between now and the end of the fiscal year, the staff estimates that the '~ revenue budget will need to be increased by $8000 and the appropriation for expenditures for resale parts should be increased by $8000. Please note that this request, if approved, will have no effect on the city's financial picture. The purchase of parts is exactly offset by the revenue from the sale of those parts. No transfer of funds is requested from any department or other fund. REOUEST: The staff requests Council approval of an amendment to the garage fund budget that would increase revenues to the fund by $8000 and increase appropriations for the purchase of parts for ' resale by $8000. ~oxAlvnuM TO: THE HONORABLE MAYOR AND CITY COUNCII, CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR ACCEPTANCE OF A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE RENOVATION OF WARNING SIRENS DATE: June 11, 1993 BACKGROUND: t In July 1991 the City of Owasso requested matching funds from the state office for civil defense for the purpose of purchasing new warning siren receiver/encoders. The grant request was ' prepared by Ms Krantz in cooperation with Mr Schick and Mr Stamper, and was for 50-50 matching funds (see attachment). The request was for a total of $4750 federal dollars. ~ On Monday, June 7, 1993, I was informed through Mr Schick that the City of Owasso had finally been awarded the requested funds and that the state Department of Civil Emergency Management must be notified within ten days of our acceptance of the grant. The awarded grant is in the amount of $4750 and requires a local match of $4750, for a total project cost of $9500 for the purpose of converting our warning system to a radio control receiver/encoder system. The project must be completed no later than September 1, 1993. ~ If accepted, the grant will allow the city to renovate eight warning sirens instead of the two originally planned for this year. The eight renovated sirens will complete our upgrade of all sirens and advance our renovation project by four years. However, in order to complete the project by the established deadline, the staff will have to move very quickly to solicit bids, complete the renovations, and request the reimbursement of funds. There appears to be no ' reason why the schedule cannot be met. ' FUNDING: The proposed FY 1993-94 Civil Defense budget does not contain adequate funding for the $4750 match and, in fact, has only $2490 available. The staff will recommend that if the grant is accepted, the remaining $2260 needed for the match be expended from the capital outlay section of the General Government budget ($3000 anticipated appropriation). Memorandum Warning Sirens June 11, 1993 Page 2 RECOlVIlVIEENDATION: The staff recommends City Council acceptance of the FEMA grant of $4750 and that the Mayor be authorized to execute the acceptance document. ATTACHMENTS: 1. Grant notification from State Department of Civil Emergency Management 2. Original grant request ,.T U N- T- 9 3 M O N 1 0: 5 8 H B~ G M F G -TULSA O K. .~ •, . TOM FEUERBORN !itAtF 171H F(:T[Ni ~ ~ STATE OE OKLAHOMA ' DEPARTMENT OF Civil. EMERGENCY MANAGEMENT May 28, 1993 To: City of Owasso, Emergency Management Director CITX/COUNTY: Owasso/Tulsa PROGRAM: DCW (M&3) FEDERAL MATCH: $4,750 TOTAL PROJECT COSTS $9,500 PROJECT START DATE: May 21, 1993 II ii i~ P ~ 02 OAVII) WALfERS r'i~ )V4 tJNUk PROJECT:COavert Sirens to Radio Control 50$ LOCAL MATCS: $4,750 APPLICANT ID,~: 7118 PROJECT FINAL CLOSING DATE: September O1, 2993* *Gopies of all invoice and checker must be in the State Office by this date. This is a notice of an award by the Oklahoma civil Emergency Management Agency from the Federal Emergency Management Agency, Region VI, Denton, TX, for the purpose of property listed above. If you have any questions concerning the administration of this program/project, please contact the Communication system Coordinator or your area operations officer. To be eligible for the award, your jurisdiction must pay the total amount of the project, then submit paid invoices (or copies) and copies of your checks to this agency for 50$ reimbursement. This agency must be notified within ten (1Q) days if you accept or decline this award. If you accept, please fill out this application for federal assistance and return this form. Sx cerely, ~` rw om Feuerborn, Director Do you accept the Federal match? Yes No nave you submitted your M&S Inventory to this agency? Yes No Estimate the total project cost: $ Contact Person: Signature: City/Co Tax ID# (must have for payment) Address: Phone: Return this form to: Oklahoma Civii Emergency Management Communications System Coordinator P,O. 9ox 53365 Oklahoma City, OK 73152 ~':::N:% 71]~~ . QMIAHC UA CI'v 7K ']7Q2 ' 7•:C7 N(lRil•li1Vt.!'" V;W'll ~a,.~.•a ilei~:•.~y I. ~/n..~i . I~Mi m~p!A~~'lY UK 7~~Cfl• aJ;~SJ~ jagl :Ax Y;•'. ~1J~ +i~•.i Ste` ~y`~. ~~, .'t'_U.. •wp.n ~~ City o f Owasso 207 SOUTH CEDAR PHONE (918) 272-2251 July 9, 1991 Mr. Ken Field Oklahoma State Civil Defense P.O. Box 53365 Oklahoma City, OK 73152 RE: REQUEST FOR MATCHING FUNDS FOR CIVIL DEFENSE SIREN REPLACEMENT Dear Mr. Field: OWASSO, OKLAHOMA 74055 ~~ As per our phone conversation in May, the City of Owasso submits this correspondence as an official request for any financial assistance available to replace or repair local sirens that are no longer functional. It is our understanding that the federal fiscal year begins in October and that requests such as ours are being considered at this time. When we spoke, you informed me that procedure requires that requests be submitted in writing along with an estimate of costs for the needs of the community. Mr. Tom Schick, the outgoing Civil Defense Director for Owasso, has supplied the attached quote for the replacement of six controllers and antenna which are needed to bring the Owasso system back into full operation. If additional information regarding this request is required please contact Mr. Schick at (918) 838-9961 or Mr. Howard Stamper at (918) 272-3119. Both of these gentlemen have full knowledge of the entire Owasso civil defense system and its current needs. We will hope to hear from your agency with regard to this needed assistance in the near future. Thank you for your consideration of our request. Sincerely, ~~ o Ellen Krantz Administrative Assistant to the City Manager enclosure