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Home My WebLink About1993.07.20_City Council AgendaPUBLIC NOTICE OF THE MEETIN( OWASSO CITY COUNCII TYPE OF MEETING: Regular DATE: July 20, 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, July 16, 1993. Marck :• AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of July 6, 1993 Regular Meeting. Attachment #4 5. Request Approval of Claims. Attachment #5 Owasso City Council July 20, 1993 Page 2 6. Consideration and Appropriate Action Relating to a Request for Award of a Contract for the Construction of a Central Fire Station. Chief Allen Mr Graber Attachment #6 Staff will recommend Council approval of a contract in the amount of $505,013 to RDG Construction, Inc of Tulsa, Oklahoma for the construction of a central fire station as specified by bidding documents. 7. Consideration and Appropriate Action Relating to a Request for an Amendment to the ' 1993 -94 Capital Improvement Fund Budget. Mr Ray Attachment #7 Staff will recommend Council approval of an amendment to increase the central fire station project by $80,000 and decrease the city hall renovation project by $80,000. n 8. Consideration and Appropriate Action Relating to a Request for Council Adoption of Ordinance #465, an Ordinance Eliminating Certain License Fees Associated With Package Liquor Stores and the Sale of Non - Intoxicating Beverage. Mr O'Neal Attachment #8 Mr O'Neal, representing Owasso's package liquor stores will present information to the Council on behalf of his request that a $300 license fee required under Section 3 -103 of the Owasso Municipal Code be eliminated. The staff will recommend Council adoption ' of Ordinance #465 eliminating license fees levied on package liquor stores and eliminating license fees levied for retail sales of non - intoxicating beverages contained in Section 3 -204 of the Municipal Code. 1 Owasso City Council July 20, 1993 Page 3 9. Consideration and Appropriate Action Relating to an Agreement Between the City of Owasso and the Oklahoma Tax Commission Providing for the Collection and Remittance of Municipal Sales and Use Tax Receipts. Ms Bishop Attachment #9 Staff will recommend Council approval of a sales tax collection agreement and a use tax collection agreement with the Oklahoma Tax Commission. 1 10. Consideration and Appropriate Action Relating to a Request for a Supplemental 1 Appropriation to the FY 1993 -94 Police Department Budget and an Amendment to the Revenue Section of the General Fund Budget. Ms Bishop 1 Attachment #10 Staff will recommend Council approval of an amendment increasing the estimated revenue of the General Fund in the amount of $1,274.00 and a supplemental appropriation to the Capital Outlay section of the Police Department budget in the amount of $1,274.00. i 1 11. Consideration and Appropriate Action Relating to a Request for the Purchase of Computer Equipment. Chief Smith Attachment #11 Staff will recommend Council approval of the expenditure of $1,323.95 to Epson Direct, Torrance, California for the purchase of one Epson Model 486SX computer, monitor and keyboard. Owasso City Council July 20, 1993 Page 4 12. Consideration and Appropriate Action Relating to Renewal of an Agreement Between the City of Owasso Municipal Court and the Oklahoma District Court, District #14, Providing for the Municipal Court's Jurisdiction of Certain Specified Juvenile Misdemeanor Offenders. Mr Cates Attachment #12 Staff will recommend Council approval of the renewal of the agreement and that the Mayor be authorized to execute the necessary documents. 13. Consideration and Appropriate Action Relating to a Request for Improvements to the Owasso SportsPark Entrance Roadway. Mr Munn •, Attachment #13 Staff will recommend Council approval of a Contract in the Amount of $33,138 with ' APAC, Inc, Tulsa, Oklahoma for the purpose of preparing the base overlaying and shoulder protection of the SportsPark entrance road. 14. Consideration and Appropriate Action Relating to Council Acceptance of Deeds to Property Purchased by the City of Owasso from Hayward and Betty Smith. Mr Cates Attachment #14 Staff will recommend Council acceptance of two deeds to property purchased for the location of a central fire station (such purchase authorized by the Council) and that the Mayor be authorized to execute the acceptance of the deeds. Owasso City Council July 20, 1993 Page 5 15. Consideration and Appropriate Action Relating to a Request for the Appointment of a City Clerk. Mr Ray Attachment # 15 The City Manager will recommend that the City Council appoint the City Treasurer as City Clerk. 16. Report from City Manager 17. Report from City Attorney 18. Unfinished Business 19. New Business 20. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July, 6, 1993 The Owasso City Council met in regular session on Tuesday, July 6, 1993 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Thursday, July 1, 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 Bob Randolph, Mayor Unfilled Position John Phillips, Vice Mayor Mary Lou Barnhouse, Councilmember Charles Burris, Councilmember ' STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. 1 ITEM 4: REQUEST APPROVAL OF THE MINUTES OF JUNE 15, 1993 REGULAR MEETING. Charles Burris moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. ' AYE: Burris, Phillips, Barnhouse, Randolph P P NAY: None tMotion carried 4 -0. 1 Owasso City Council July 6, 1993 ITEM • REQUEST APPROVAL OF THE CLAIMS John Phillips moved, seconded by Mary Lou Barnhouse, to approve the following claims as submitted: (1) General Fund $20,491.28; (2) Workers' Compensation Self - Insurance Plan $1,048.39; (3) Ambulance Service Fund $2002.64; (4) E -911 Fund $520.00; (5) Park Development $734.89; (6) Capital Improvements $83.55; (7) City Garage $9,721.54; (8) General Fund Payroll $93,764.03; (9) City Garage Payroll $3,405.46. AYE: Phillips, Barnhouse, Burris, Randolph NAY: None Motion carried 4 -0. ITEM 6: READING OF MAYOR'S PROCLAMATION PROCLAIMING HOMES UNLIMITED AS THE SPOTLIGHT BUSINESS OF THE QUARTER. Mayor Randolph invited Jane Enzbrenner to join him as he read the proclamation proclaiming Homes Unlimited as the Spotlight Business of the Quarter. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT OF A QUALIFIED ELECTOR AS A COUNCILMEMBER FOR WARD 5. This issue was first considered by the Councilors on June 8, 1993, at which time a decision was postponed until the first meeting in July. Staff re- advertised the vacancy and established a new time period for receiving letters of interest. Three persons submitted letters for consideration: Rex L Bowen, W Jack McClain, and Jerry Duke. Mr Duke and Mr Bowen briefly addressed the Council. Mr McClain was not present. Following their presentations, Charles Burris nominated Jerry Duke to fill the Ward 5 Council position. Nomination was seconded by Mary Lou Barnhouse. AYE: Burris, Barnhouse NAY: Phillips, Randolph John Phillips nominated Jack McClain; seconded by Mayor Randolph. AYE: Phillips, Randolph NAY: Burris, Barnhouse 2 Owasso City Council July 6, 1993 John Phillips nominated Rex Bowen; seconded by Mayor Randolph. AYE: Phillips, Randolph, Barnhouse NAY: Burris Mr Bowen was elected to fill the Ward 5 vacancy by a vote of 3 -1. ITEM 8: ADMINISTRATION OF OATH OF OFFICE TO WARD 5 COUNCIL - MEMBER. City Attorney Ron Cates administered the Oath of 'Office to Ward 5 Councilmember Rex L Bowen, and Mr Bowen was seated at the Council table. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF MEMBERS TO VARIOUS BOARDS, TRUSTS, COMMISSIONS AND COMMITTEES. Mayor Randolph read the following list of appointments and moved that they be confirmed: PLANNING COMMISSION Mr Gary Wells (reappointment) 9709 N 108th E Ave Term Ending 6/30/96 BOARD OF ADJUSTMENT Mr Steve Barrett (reappointment) 8714 N 121st E Ave Term Ending 6/30/96 ■ Ms Terry Houdyshell (reappointment) 9609 N 110th E Ave ' Term Ending 6/30/96 PERSONNEL BOARD � I Mr Don Carroll (Vacant) 7906 N 132nd E Ave Term Ending 6/30/95 ' Mr Jack Green (new appointment) 303 E 16th St ' Term Ending 6/30/96 � I Owasso City Council SALES TAX WATCHDOG COMMITTEE Ms Billie Fulbright (Finance slot) 7885 N 119th E Ave Term Ending 10/1/2007 Ms Vicki Tapp (Citizen -at -Large slot) 106 W 18th St Term Ending 10/1/2007 LEGISLATIVE CONSORTIUM Mr Bob Randolph 303 E 14th St Term Ending 6/30/94 INCOG BOARD OF DIRECTORS Councilor Charles Burris 12005 E 87th PI N Term Ending 6/30/94 Mr Rodney Ray (alternate) City Manager REGIONAL METROPOLITAN UTILITY AUTHORITY Ms Sherry Bishop City Treasurer Term Ending 6/30/94 Mr Ed Smith (replacing Motto) ' Police Chief Term concurrent with employment � I � I 4 July 6, 1993 CAPITAL IMPROVEMENTS COMMITTEE ' Mr Mike Watson (replacing Enzbrenner) 11005 E 96th PI N Term Ending 6/30/94 Mr Jim Ablett (replacing Kimball) PO Box 26 ' Term Ending 6/30/94 Mr Ed Smith (replacing Motto) ' Police Chief Term concurrent with employment � I � I 4 July 6, 1993 Owasso City Council Ms Mary Lou Barnhouse (replacing Gittelman) City Councilor Term Ending 6/30/94 Mr Bob Randolph (replacing Marlar) Mayor Term Ending 6/30/94 OWASSO ECONOMIC DEVELOPMENT AUTHORITY Mr Alan Anderson (reappointment) PO Box 1800 Term Ending 6/30/98 ANNEXATION COMMITTEE Mr John Phillips (replacing Marlar) City Councilor Term Ending 66/30/94 Mr Ed Smith (replacing Motto) Police Chief Term concurrent with employment METROPOLITAN ENVIRONMENTAL TRUST Mr Rodney Ray City Manager Term Ending 6/30/94 TRANSPORTATION POLICY COMMTI FEE Mr Charles Burris City Councilor Term Ending 6/30/94 Mr Steve Compton (alternate) Assistant City Manager ' TRANSPORTATION TECHNICAL COMMITTEE Mr Rohn Munn ' Engineering Staff Term Ending 6/30/94 July 6, 1993 1 Owasso City Council IMotion was seconded by John Phillips. AYE: Randolph, Phillips, Barnhouse, Burris, Bowen NAY: None Motion carried 5 -0. July 6, 1993 Mayor Randolph requested a recess of the City Council meeting in order to convene the meeting tof the OPWA; Council meeting to be reconvened at the conclusion of the OPWA meeting. Charles Burris moved, seconded by John Phillips, to recess the meeting of the Owasso City ' Council and reconvene at the conclusion of the OPWA meeting. AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0 and the meeting was recessed at 7:20 p.m.. Meeting reconvened at 7:35 p.m. ' ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #93 -08. A RESOLUTION APPROVING RATES FOR THE ' COLLECTION AND DISPOSAL OF REFUSE FROM COMMERCIAL GENERATORS AS ESTABLISHED BY THE OWASSO PUBLIC WORKS AUTHORITY. The Owasso Public Works authority established rates for the collection and disposal of refuse from commercial users during their meeting on July 6. Municipal code requires adoption of a resolution approving those rates and establishing an effective date. Following discussion, John Phillips moved, seconded by Mayor Randolph to approve Resolution #93 -08 approving rates established for commercial refuse users by the Owasso Public Works Authority, and establishing an effective date. AYE: Phillips, Randolph, Barnhouse, Bowen NAY: Burris Motion carried 4 -1. Owasso City Council July 6, 1993 ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE OF VEHICLES FOR USE BY THE POLICE DEPARTMENT, On June 15, 1993 the City Council approved the purchase of four 1993 Chevrolet Caprice police package vehicles. Staff requested approval of the expenditure of funds to purchase those vehicles. Mayor Randolph moved, seconded by Charles Burris, to approve the expenditure of $52,400 to Larry Spencer Chevrolet for the purchase of four Chevrolet Caprice automobiles, State Contract #SW31035. AYE: Randolph, Burris, Phillips, Bamhouse, Bowen NAY: None Motion carried 5 -0. ITEM 12: CONSIDERATION AND APPROPRIATE RELATING TO A REQUEST FOR THE PURCHASE OF A TANKER TRUCK FOR USE BY THE OWASSO FIRE DEPARTMENT Bids were opened on June 7, 1993 for the purchase a fire department water tanker. Two bids were received: one from Semo Tank and one from Tom Conway Tanks. Semo Tank Company was the only bid that was within the funds budgeted. Charles Burris moved to award the bid for the purchase of a water tanker to Semo Tank Company in the amount of $64,375.00. Motion was seconded by John Phillips. AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #464. AN ORDINANCE AMENDING PART 12 CHAPTER 2 SECTION 12 -201 OF THE OWASSO CODE OF ORDINANCES AND AMENDING CHAPTER 5, SECTION 5 -110 OF THE OWASSO ZONING t CODE. Staff has initiated a request for an amendment to the Owasso Zoning Code to allow for the development of beauty salons/barber shops in Office Medium Intensity district by Special Exception. The Planning Commission has reviewed and approved the request. Following discussion, Charles Burris moved, seconded by John Phillips, to approve the adoption of � I IOwasso City Council July 6, 1993 ` Ordinance #464, approving an amendment to the Owasso Zoning Code to allow beauty salons/barber shops in an OM district by Special Exception. ' AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None IMotion carried 5 -0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF A FINAL PLAT FOR OWASSO COMMERCIAL CENTER II. or The final plat for Owasso Commercial Center H has been approved by the Owasso Technical Advisory Committee and the Owasso Planning Commission. The Board of Adjustment also heard a variance request on the property because of bulk and area requirements. The requirements of all hearing bodies have been met. Charles Burris moved, seconded by John Phillips, to approve the final plat for Owasso Commercial Center II. AYE: Burris, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A "LOT `" TIEING AGREEMENT" BETWEEN THE CITY OF OWASSO AND JAMES & PATSY HOLLAND. Mr & Mrs Hollard are requesting a lot tieing agreement in order to erect a swimming pool on R a lot they own which is next to their home. Since the Zoning Code only permits pools as an accessory use to a home in that zoning district, and because no home exists on the lot where the pool will be placed, staff recommended the lot tieing agreement. This agreement would prohibit separating the two lots in the event of sale. John Phillips moved, seconded by Charles Burris, to approve the lot tieing agreement for Lots 3 & 4, Block 5 of Copper Meadows. AYE: Phillips, Burris, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0. 11 � I IOwasso City Council July 6, 1993 ' ITEM 1 • CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE AND INSTALLATION OF RADIO RECEIVERS /DECODERS FOR THE RENOVATION OF CIVIL DEFENSE WARNING SIRENS, On June 15, 1993 the City Council authorized the Mayor to execute documents accepting a $4750 grant from the Department of Civil Emergency Management for the purchase of radio operated receiver /decoders for the Owasso warning siren system. This grant will be matched ' by funds from the City. Bids were solicited from three vendors capable of supplying the Federal "SCH" type receiver /decoders, with only one responding. Goddard Enterprises submitted a bid of $1265 per unit installed. Based on the availability of $9500 and the bid of $1265 per unit, ' an additional $650 would allow the purchase of eight units. Mayor Randolph moved to accept a sole source bid for the purchase of eight Federal "SCH" type radio receiver /decoders from Goddard Enterprises, Inc in the amount of $10,120. Motion was seconded by Charles Burris. AYE: Randolph, Burris, Barnhouse, Phillips, Bowen NAY: None Motion carried 5 -0. ' ITEM 17: REPORT FROM CITY MANAGER Mr Ray reported that the issue raised by Ed Compos concerning the Recycle Center has been resolved. Although no one has been charged to dump grass, a charge had been made for bulk loads of brush. That situation is no longer occurring and the money charged Mr Compos has been refunded. ITEM 18: REPORT FROM CITY ATTORNEY No report. ' ITEM 19: UNFINISHED BUSINESS None. ITEM 20: NEW BUSINESS Councilor Burris made a statement concerning open discussion of all items. Peggy Robinson introduced Phyllis Sokolosky, "Mrs Trail Days ". 9 iI Owasso City Council ITEM 21: ADJOURNMENT Charles Burris moved, seconded by John Phillips to adjourn. AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 5-0 and the meeting was adjourned at 7:55 p.m. Marcia Boutwell, City Clerk 10 Bob Randolph, Mayor July 6, 1993 CITY OF OWASSO GENERAL FUND 7/15/93 17 :15:57 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- MANAGERIAL ------------------------ - - - - -- FINANCE ------------------------ - - - - -- 940197 TREASURER PETTY CASH REIMB PETTY CASH 5.00 940117 CPS BUSINESS, INC. LICENSE FEES 217.00 DEPARTMENT TOTAL =___) 222.00 COMMUNITY DEVELOPMENT ------------------------ - - - - -- 940005 TUT -SA COUNTY MIS 94n019 SUBURBAN OFFICE SUPPLY 940026 INCOG 940080 CITY GARAGE 940081 CITY GARAGE 940097 TREASURER PETTY CASH 9401 24 MCCAW COMMUNTCATIONS 940168 SOUTHWESTERN BELL TELE. DEPARTMENT TOTAL =___) MUNICIPAL COURT ------------------------ - - - - -- DIAL -UP SERVICE FILE CABINET PLAN /MF.MBFRSHIP FEES PART FUEL REIMR PETTY CASH PAGER RENTAL 5/93 PLEXAR 940027 CHARLES PAMSF`i RETAINER 94002R MICHAF'L D. HILSABECK RETAINER 940168 :SOUTHWESTERN BELL TET.E. 5/9.3 PLEXAR DEPARTMENT TnTAL =___ "> ENGINEERING ------------------------ - - - - -- 40.00 198.75 15,248.25 319.53 47.73 53.02 34.90 26.63 16,168.81 700.00 700.00 21.98 1,421.9? 4 940014 DUN & BRADSTREET SFMINAP. 97.00 940039 KIMBALL ACE HARDWARE SUPPLIES 139.80 9400Rn CITY GARAGE PARTS 8.11 940081 CITY GARAGE FUET. 27.68 940097 TREASURER PETTY CASH REIMR PETTY CASH 83.45 940164 LDCC INC -AT &T 5/93 LONG DISTANCE 6.41 ' 940168 SOUTHWESTERN BELL TELE. 5/93 Pi.EXAR 52.96 DEPARTMENT TOTAL =___? 415.41 FINANCE ------------------------ - - - - -- 940197 TREASURER PETTY CASH REIMB PETTY CASH 5.00 940117 CPS BUSINESS, INC. LICENSE FEES 217.00 DEPARTMENT TOTAL =___) 222.00 COMMUNITY DEVELOPMENT ------------------------ - - - - -- 940005 TUT -SA COUNTY MIS 94n019 SUBURBAN OFFICE SUPPLY 940026 INCOG 940080 CITY GARAGE 940081 CITY GARAGE 940097 TREASURER PETTY CASH 9401 24 MCCAW COMMUNTCATIONS 940168 SOUTHWESTERN BELL TELE. DEPARTMENT TOTAL =___) MUNICIPAL COURT ------------------------ - - - - -- DIAL -UP SERVICE FILE CABINET PLAN /MF.MBFRSHIP FEES PART FUEL REIMR PETTY CASH PAGER RENTAL 5/93 PLEXAR 940027 CHARLES PAMSF`i RETAINER 94002R MICHAF'L D. HILSABECK RETAINER 940168 :SOUTHWESTERN BELL TET.E. 5/9.3 PLEXAR DEPARTMENT TnTAL =___ "> ENGINEERING ------------------------ - - - - -- 40.00 198.75 15,248.25 319.53 47.73 53.02 34.90 26.63 16,168.81 700.00 700.00 21.98 1,421.9? 4 7/15/93 17:15 :57 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 5 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 932588 BUSINESS COMPUTER CENTER SOFTWARE 630.00 940081 CITY GARAGE FUEL 39.30 940105 SHERYL DUGGAN REIMBURSEMENT 24.40 DEPARTMENT TOTAL =___} 743.70 GENERAL GOVERNMENT ------------------------ - - - - -- 911549 OKLAHOMA EAGLE CLASSIFIED AD 50.00 93558 TULSA WORLD ADVERTISING 175.46 932637 TAYLOE PAPER CO SUPPLIES 73.04 940025 TULSA WORLD ADVERTISEMENT 90.56 940037 J.P. ROGAN INSURANCE NOTARY BOND 30.00 940045 TWIN OAKS CONFT CO REMODELING 375.00 940080 CITY GARAGE PARTS 25.89 940081 CITY GARAGE FUEL 155.10 940085 OFFICE DEPOT CARD PLAN SUPPLIES 90.61 940090 MEMBER SERVICE LIFE PRE TAX ADM FEES 117.00 940092 DAILY OKLAHOMAN ADVERTISEMENT 173.29 940096 TREASURER PETTY CASH DOC MEALS 572.01 940097 TREASURER PETTY CASH RF.IMB PETTY CASH 60.55 940116 RONALD D CATES RETAINER 1,487.50 940114 LEASE AMERICA COPIER LEASE 429.00 940119 WESTERN BUSINESS PRODUCTS COPTER MAINT 412.91 940120 US POSTMASTER POSTAGE MFTER 1.000.00 940125 SUBURBAN OFFICE SUPPLY SUPPLIES 20.37 940126 WESTERN BUSINESS PRODUCTS OVERAGE 563.64 940164 LDCC INC -AT&T 5/93 LONG DISTANCE 52.55 940165 ATKT LONG DISTANCE 5.00 940166 SOUTHWESTERN BELL TELE. 5/93 NON - PLEXAR 46.46 940157 OKLA NATURAL GAS 5/9:3 USE 121.51 940168 SOUTHWESTERN BELL TELE. 5/93 PLEXAR 344.16 940169 PSO 5/93 USE 614.35 DEPARTMENT TOTAL =___5 7.085.96 MAINTENANCE ------------------------ - - - - -- 932637 TAYLOE PAPER CO SUPPLIES 230.16 932643 DAYCOA INC LIGHT BULBS 235.02 940124 MCCAW COMMUNICATIONS PAC=ER RENTAL 17.45 DEPARTMENT TOTAL =___? 432,63 CEMETERY 1 ------------------------ - - - - -- 7/15/93 17:15:57 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PACE: 6 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 940080 CITY GARAGE PARTS 66.30 940081 CITY GARAGE FUEL 9.43 940169 PSO 5/93 USE 17.81 DEPARTMENT TOTAL =___? 93.54 POLICE SERVICES ------------------------ - - - - -- 932308 THREE LAKES LAUNDRY PRISONER LAUNDRY 53.00 932515 CELLULAR ONE -TULSA 6/93 USE 223.43 932522 DALE & LEE SERVICE SERVICE /MAINT 78.30 940006 MOULDER OLDHAM CO SUPPLIES 34.26 940007 OFFT,CE DEPOT CARD PLAN SUPPLIES 98.59 940010 RIO - SAFETY SYSTEMS SUPPLIES 183.65 940011 VINES MINI - STORAGE STORAGE RENTAL 120.00 940012 ELECTRONIC DICTATION SYST FAX MACHINE MAINT 93.00 940013 SUBURBAN OFFICE SUPPLY SUPPLIES 165.80 940029 MCCAW COMMUNICATIONS PAGER RENTAL 134.70 940030 LARRY SPENCER CHFVROVET PATROL CARS 49,732.00 940031 L.E.T.N. TELEVISED TRAINING 288.00 940033 DEPT OF PUBLIC SAFETY TELETYPE LEAST 297.00 940035 HOWARD STAMPER RETAINER 150.00 940049 C.A.L.E.A. REs_ISTRATION FEE 370.00 940050 T.A.C.P. REGISTRATION FEE 135.00 940052 POLICE EXEC RESEARCH FORD MEMBERSHIP DUES 125.00 940080 CITY GARAGE PARTS 1,125.44 941081 CITY GARAGE FUEL 1,741.43 940118 LEASE AMERICA COPIER LEASE 236.00 940136 HOLIDAY INN CROWNE PT.AZA HOTEL /CONF 277.76 940137 HILTON INTEL EDMONTON HOTEL /CONF 336.00 940164 LDCC INC -AT &T 5/93 LONG DISTANCE 141.58 940165 AT &T LONG DISTANCE 42.09 940166 SOUTHWESTERN BELL TELE. 5/93 NON - PLEXAR 46.46 940167 OKLA NATURAL GAS 5/93 USE 35.98 ?40168 SOUTHWESTERN BELL TELE. 5/93 PLEXAR 241.12 940169 PSO 5/93 USE 604.06 DEPARTMENT TOTAL =___? 57.109.65 ANIMAL CONTROL ------------------------ - - - - -- 932512 TREASURER PETTY CASH REIMB PETTY CASH 32.43 932612 OWASSO VET HOSPITAL SERVICES 16.00 940081 CIT`i GARAGE FUEL 88.80 DEPARTMENT TOTAL =___? 137.23 CITY OF OWASSO ' GENERAL FUND 7/15/93 17:15 :57 A/P CLAIMS REPORT APAPVF PAGE: PO # VENDOR DESCRIPTION AMOUNT ' FIRE SERIVCES ' 932493 CELLULAR ONE. —TULSA 5/93 USE 940047 MCCAW COMMUNICATIONS PAGER RENTAL 940064 NATIONAL FIRE PROTECTION SUBSCRIPTION RENEWAL ' 940065 NAPA AUTO PARTS SUPPLIES 940066 OWASSO AUTO CLINIC SUPPLIES 940068 VOLUNTEER VOLUNTEER RUNS t 940073 LENOX WRECKER SERVICE TOWING 940074 SHORTY'S AUTO ELECTRIC REPAIRS 940081 CITY GARAGE FUEL 940113 FIRE RETIRE & PENSION SYS DUES 940149 WATSON AUTOMOTIVE REPAIR MEDIC REPAIR 940164 LDCC INC—AT&T 5/93 LONG DISTANCE 940165 AT3T LONG DISTANCE 940168 SOUTHWESTERN BELL TELE. 5/93 PLEXAR `— DEPARTMENT TOTAL CIVIL DEFENSE ------------------------------ 940123 CELLULAR ONE —TULSA USAGE /STAMPER 40164 LDCC INC. —AT &T 5/93 LONG DISTANCE 940166 SOUTHWESTERN BELL TELE. 5/93 NON— PLEXAR 940163 SOUTHWESTERN BELL TELE. 5/93 PLEXAR 940169 PSO 51/93 USE DEPARTMENT TOTAL = = = => STREETS ------------------------ - - - - -- ASPHALT MOWING /EASEMENT MOWING /EL RIO VISTA PARTS FUEL 5193 USE 5/9:3 PLEXAR 5/93 USE 26.30 44.90 95.00 150.28 20.39 495.00 74.00 90.00 460.35 540.00 51.50 14.28 3.00 159.93 2.224.93 11.80 .07 43.21 26.48 64.11 150.67 349.81 360.00 270.00 534.10 385.95 26.00 49.11 595.86 ''.570.83 7 932550 APAC — OKLAHOMA, INC. 932598 TIERRA VISTA, INC. 940056 LARRY TURNFR 940000 CITY GARAGE 940081 C'.IT`c' GARAGE 940167 OHLA NATURAL GAS 940168 SOUTHWESTERN BELL TELE. 940169 PSO DEPARTMENT TOTAL RECREATION ------------------------ CENTER - - - - -- ASPHALT MOWING /EASEMENT MOWING /EL RIO VISTA PARTS FUEL 5193 USE 5/9:3 PLEXAR 5/93 USE 26.30 44.90 95.00 150.28 20.39 495.00 74.00 90.00 460.35 540.00 51.50 14.28 3.00 159.93 2.224.93 11.80 .07 43.21 26.48 64.11 150.67 349.81 360.00 270.00 534.10 385.95 26.00 49.11 595.86 ''.570.83 7 CITY OF OWASSO GENERAL FUND 7/15%93 17:15:57 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 940081 CITY GARAGE FUEL 940167 OKLA NATURAL GAS 5/9:3 USE 940168 SOUTHWESTERN BELL TELE. 5/93 PLEXAR 940169 PSO 5/93 USE DEPARTMENT TOTAL = = = =? SWIMMING POOL ------------------------ - - - - -- 932606 MULLIN PLUMBING, TNr. REPLACE GAS LINE 940097 TREASURER PETTY CASH REIMB PETTY CASH 940168 SOUTHWESTERN BELL TELE. 5/93 FLEXAR 9401.69 PSO 5/93 USE DEPARTMENT TOTAL = == COMMUNITY CENTER ------------------------ - - - - -- 11.25 70.95 45.95 385.83 514.98 923.00 30.47 40.59 46.56 1,040.62 940004 nUN I BRADSTR.EET SEMINAR 97.00 940020 US POSTMASTER POSTAGE 175,00 940081 CITY GARAGE FUEL :2.78 940097 TREASURER PETTY CASH REIMB PETTY CASH 8.00 940122 UNITED ARTISTS CABLE CABLE USE 25.53 940164 LDrC INC -AT &T 5/93 LONG DISTANCE 1.70 940167 OKLA NATURAL GAS 5/93 USE 121.06 940168 SOUTHWESTERN BELL TELE. 5/93 PLEXAR 53.26 940169 FRO 5/93 USE 416.99 DEPARTMENT TOTAL = = = =? 961.32 PARK MAINTENANCE ------------------------ - - - - -- 940080 C_.ITY GARAGE PARTS 1.70 940081 CITY GARAGE FUEL 187.52 940097 TREASURER PETTY CASH REIMB PETTY CASH 25.82 940124 MCCAW COMMUNICATIONS PAGER RENTAL 17.45 940167 OKLA NATURAL GAS 5/93 USE 84.89 940169 FSO 5/93 URE 508,72 DEPARTMENT TOTAL = = =_, 826.10 ECONnMir DEVELOPMENT ------------------------------ 8 CITY OF OWASSn GENERAL FUND 7/15/93 17:15:57 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 940017 OR STATE DEPT OF HEALTH EXTENSION FEES 940018 RETHERFORD PUBLICATIONS LEGAL NOTICE 940040 CELLULAR ONE -TULSA USAGE 946097 TREASURER PETTY CASH REIMR PETTY CASH 940098 SACK & ASSOCIATES. INC. ENGINEERING SERVICES DEPARTMENT TOTAL =___) INTERFUND TRANSFERS ------------------------ - - - - -- 931885 CITY - CEMETERY CARE RFVENUE TRANSFER 940146 CITY GARAGE TRANSFER 940147 CITY - WORKERS' POMP SELF I TRANSFER 940148 CITY - COLLISION SELF INS ANNUAL TRANSFER DEPARTMENT TOTAL =___) FUND TOTAL =___) 260.00 73.90 28.30 12.50 3,900.00 4,274.70 1,392.62 2.333.33 11,512.50 2,500.00 17.7.38.45 114. 18.3.51 CITY OF OWASSO WORKERS' COMP SFLF -INS PLAN 7/15/93 17:15:57 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 940097 TREASURER PETTY CASH REIMB PETTY CASH 16.38 940170 DARRELL EVANS T.T.D. 636.72 DEPARTMENT TOTAL =___> 643.10 FUND TOTAL =___) 643.10 1 CITY OF OWASSO AMBULANCE SERVICE FUND 7/15/93 17:15 :57 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 932493 CELLULAR ONE -TULSA 5/93 USE 940060 ALLIANC_.E MEDICAL. INC. SUPPLIES 940070 PACE PRODUCTS OF TULSA IN SUPPTIES 940072 MEDICAL COMPLIANCE, SPECIA BIO WASTE DISPOSAL DEPARTMENT TOTAL =___> INTERFUND TRANSFERS ------------------------ - - - - -- 931884 CITY - AMBULANCE CAPITAL FU RRVENUR TRANSFER 940141 CIT`i- GENERAL FUND TRANSFERS DEPARTMENT TOTAL FUND TOTAL =___` 38.20 307.74 201.00 35.00 581.94 5,513.49 7.833.33 13,346.82 13.928.76 2 CTTY OP OWASSO E - 911 7/15/93 17:15 :57 A/P CLATMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CENTRAL DISPATCH ------------------------ - - - - -- 940114 SOUTHWESTERN BELL TELE. E -911 3,484.90 DEPARTMENT TOTAL =___) 3,484.90 TNTERFUND TRANSFERS ------------------------ - - - - -- 940141 CITY- GE.NEPAL FUND TRANSFERS 1.250.00 DEPARTMENT TOTAL =___) 1,250.00 FUND TOTAL =___) 4.734.90 3 CITY OF OWASSO CITY GARAGE 7/15/93 17:15:57 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CITY GARAGE ------------------------ - - - - -- 940080 CITY GARAGE 940081 CITY GARAGE 940097 TREASURER PETTY CASH 940167 OKLA NATURAL GAS 940168 SOUTHWESTERN BELL TELE. 940169 PSO DEPARTMENT TOTAL =___> FUND TOTAL GRAND TOTAL PARTS FUEL RFIMB PETTY CASH 5/93 USE 5/93 PLEXAR 5/93 USE 2.71 39,60 42.98 34.20 21.98 121.84 263.37 263.37 740.078.49 14 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 07/10/93 DEPARTMENT AMOUNT Finance 4,359.52 ��... �Q :. i.+£ : ... ..... :.: ; v.:. w< iwS::: �• wS'. w: L• w: wSi: 3�uitu {4:4ii::+w:'.�Gw•i�}i� }.Y:�:.. 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Central Dispatch }.'<F: vw.w. x.•i....v+.w.vtkn•CC� 4,535.12 Fire 26,754.96 }LT •r:i:{. }. ....x..: ........:......:..:::•. :.:....... }•%•}:^ C^ iJ i' r: �i:: i`: S: i;: i? i:i: ji; r}:C; S:?{ �}}: {4S }S }S::•S }:• }iiii:i:i: }:; } }:: v:.. '.i : '':. S :c::i:i.S:4.1;:�Ob`ii :......... . .:::::.v:.y: .....� :. :........ ....: ...: •r. . w. .; : 'vww..... v:::: n::.: " .:. �.. .y.: Recreation Center w+:.. V:•.,: h. ii. S ....::::::::::. n... w....;.vn lS$1{}%4:k•:u+w•:wK.�Y%w1615Jf: 2,393.46 };:.; n}}}:{ S}S}:i??{.}} x}:^}, v,•. w„{ {;v{;: ^?M }?^,v,•:MOP:MMY....... t•:MOPMV^4. P.'S'. {.v^G,.,,^.,.'}'!..... .. .? ; Y,:<? M. K;; C}';. K, h`! h,:; �:,^.,':;}:K;:S }'•Y,.;: {:7:GM.. :............... . • }: kvi Lbv. . :.'•{w:: S:•r. }y: {: iii:'::< { +'i >iSv'i'r'r':'iiji }::v::::v• ;.. : v:..ti......... i!.l;/.it7:4Ri:t•t ':: T:• i�i:•$ isi}' riii}: ii: ji$${ i' i}: is }Yi !::::::... ? ?< {' }:i`•.'•:iC•`: ?:................ .....:.:.:::.::::::::: �. •.v:. {4 } } }:•i:•ii:• }:v Community- Senior Center 2,259.39 ':{•}?`+ i:`:{ f• Cinovv.: i;}}: r}:f f�{;} J; i. 4hi:%' F�:? NQ�? i:•.• �'' : }'.i:•rY.:{'Nx:�iC�Xi"�fi'i\'r \ L>\ L,'; it:!!{` k' F.•. hwnvnL't;:, M,.,:: n'•$$: >Q?.r'M.:,^.;,+M,.<tiMv?:j:+} +S; .�Y:} }: ? ti ::.}i: is : : v.: v:: ::::v:'.i:{:v::: }: {:: }y:.yi {G:: {::v: ?:: '.}:.}:?! } ^:v:•S:iS;:: } }:::::::::5:4;• }: }:::::: i.v; }: nv::::::: ;:w:::::.v:v: :: . 'C;`}v:!, n' Economic Development 0.00 APPROVED: Mayor Council Member F Council Member Sk: 07/20/93 I I I I I I I I � I � I I CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 07/10/93 DEPARTMENT AMOUNT Garage $2,748.02 ---------------- APPROVED: 07/20/93 $ Mayor Council Member Lill Council Member I lu l ►i ►11 lu TO: RODNEY RAY, CITY MANAGER ' FROM: BOB ALLEN, FIRE CHIEF SUBJECT: NEW CENTRAL FIRE STATION II DATE: July 9, 1993 BACKGROUND: As you are aware, we have conducted the Bid Opening for a New Central Fire Station. For the past few weeks Mr. Jim Graber, Imel & Graber Architects, and I have carefully reviewed all the Bids and selected the needed alternates. We have eliminated as many alternates as possible to keep the construction cost at a minimum and at the same time provide the city with a quality built low maintenance fire station that will serve the public for many years. The RDG Base Bid and recommended list of Alternates is as follows: 1. Base Bid $388,700.00 2. Alternate No. 3 $ 17,000.00 Site Grading 3. Alternate No. 4 $ 12,600.00 Storm Water E 4. Alternate No. 5 $ 42,000.00 Concrete Paving 5. Alternate No. 8 $ (6,637.00) Using Existing Doors 6. Alternate No. 9A $ 41,000.00 Separate Maintenance Building 7. Alternate No. 10 $ 2,600.00 Vinyl Floor Coverings 8. Alternate No. 11 $ 2,300.00 Ceramic Tile Floor at Locker Rm. 9. Alternate No. 13 $ 3,600.00 Telephone Intercom System 10. Alternate No. 20 $ 1.850.00 Carpet TOTAL $505,013.00 M As the attached Bid tabulation indicates, twenty one (21) alternates were submitted in the Fire r Station Specifications. Mr. Graber and I considered each and every alternate to determine what alternates are absolutely necessary. The RDG Bid is $78,771.55 more than the appropriated funds for this project. W MEMORANDUM NEW CENTRAL FIRE STATION July 9, 1993 Page 2 However, in consideration of the overall future needs of the city and the rising cost each year associated with building materials, it is my recommendation that additional funds be appropriated to build the New Central Fire Station with the recommended alternates. It is more cost effective than ' building in the future. Also, I would take this opportunity to state several direct advantages and capabilities that will enhance emergency response to citizens if the New Station is completed. 1. Relocating our Fire Station North of 86th Street decreases our response time as much as four (4) minutes to the north end of our district. In regards to responding to heart attack victims the response time gained is of the utmost importance. 2. The maximum response time in our district for all Fire and E.M.S. Emergencies would be cut to less than seven (7) minutes. Although the new location is not in the center of our service area, access to all heavily populated areas will be greatly increased. 3. The existing fire station does not have the capability to allow for any growth. Our bunk room is at capacity and we have fire fighters sleeping in offices. Our apparatus bay area does not allow for housing all of our Fire and E.M.S. vehicles. At different times of the year we are forced to take Engines or Water Tankers out -of- service due to weather conditions. The recommended Central Fire Station will house all Emergency Vehicles. 4. The New Station has been designed to allow for future growth in both the bay and administration areas. Due to the design and materials used, the cost of future expansion would be minimal. 5. The New Central Fire Station will allow us to double the amount of fire fighters on each shift without increasing the facilities. We will also have office areas available for additional administrative assignments if such management growth is allowed. 6. The new location will provide the space needed for a training grounds. A training ground is required by Insurance Service Organization (ISO) if we ever attempt to lower our present rating. 7. City Hall would be able to double the amount of existing floor space. Also the existing apparatus bay area can be expanded to a two story area. RECOMMENDATION It is our recommendation that consideration be given to obtain the additional funds needed to complete the New Central Fire Station. Further, it is our recommendation the council award the contract for building a New Central Fire Station to RDG Construction in the amount of $505,013.00. ATTACHMENTS: 1. Bid Tabulation Forms 2. RDG Bid 3. Contract Proposal 4. Memo from Jim Graber CITY OF OWASSO 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 (918) 272 -2251 BID DOCUMENTATION Opening Date: 6/24/93 Council Approval: Item: Fire Station Number of Bids: Bids Opened By: Jim Graber, Imel & Graber Witness: Marcia Boutwell Witness: Chief Bob Allen Bidders See attached list Amount of Bid LCertification: I, Marcia Boutwell, Owasso City Clerk, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: (SEAL) Date:_ 6/24/93 .9% IMEL & GRABER ARCHITECTS TULSA, OKLAHOMA Project Name: Owasso Fire Station Project No.: 9209 Bid Date: June 24, 1993 Sheet 1 of 2 i 9, 9911 P7 61 1 17, e o o E O Skylights - Apparatus Room % 1% SO z °w z oU H F Site Grading H a Gy Alto /08 F rn z 0 4 Diversion Storm Water Dmge 1 4 qg 15,16b z U 9 73 w z 5/,010 o o a a 1216,00 112 $ 52 H � E H U 1 fA h A Q Calendar Days 2S 270 80 0 /go Base Bid JIM 000 ANY 100 1120 997 Y14 000 yy9 331 ALTERNATES (ADD OR DEDUCT) 1 Meeting Room/Office/Storage 21 8 sit i 9, 9911 P7 61 1 17, e o o 21,1110 2 Skylights - Apparatus Room % 1% SO 1 813 y o 53 , boo 2,332- 3 Site Grading Az,000 39,373 Alto /08 2L aoo /g 1100 4 Diversion Storm Water Dmge 1 4 qg 15,16b 13 gyp /s, 500 9 73 5 Concrete Ext. Paving 5/,010 �$ L�SL ,�� 15{� 1216,00 112 $ 52 6 Asphalt EXL Paving 31,1117 7 Lawns, Grasses, Landscaping — o — 41,000 3 W? 3 000 ! 993 8 Aluminum Doors — 6 so ! 5 9 01 bJ 174II/ 9A Separate Maintenance Bldg. 76 5 56, 070 yo V39 95,000 118 .2 25 9B Maint. Bldg. - Metal Bldg. Y.1 112 5 q9,132 3 3 107 to vinyl Wall covering A 9/ 5 2 9,15 2,512 2 600 2 5 7 5 11 Ceramic Tile - Locker Room 11.22 /� 20 2,012 2,150 z s32 12 Entry 138 /,/,00 1) 1799 1 9O0 .71051 13 Telephone/Intercom System 3 5 SO 3 00o 3,0S4, 3,500 t/ 006 14 Lockers b 300 5 391 5 637 'S Soo 0 39 15A Furnishings 31,300 075 23 2L, 000 15B AIL One Furnishings 3, 50 0 81� 2, 8 36 3 3oD 3 60 0 16 Gas Water Heater 7 50 Al ! p2 I /7? 1,300 2, 300 17 Ceramic Wall Tile / 5/ Q 720 1 0.37 / Soo / 58/ 18 Block Partitions 9 30 /1 0 7 11 505 6 50 110 19 Glass Block /y 321 n !.2 234 $ 350 5 Bob 16100 20 C4rpet 1 93 Q 1, 0 92 1 3� 8 // 650 2,026 21 Gas Unit Heaters — 2 X00 .-. ,2 g'{5 _ 2 go g — 3 00 0 — 2 2 SS TOTAL i duding Alternates) =-L RID TARIII ATInNQ FfEL & GRABER ARCHITECTS Idb TULSA, OKLAHOMA Project Name: Owasso Fire Station Project No.: 9209 Bid Date: June 24, 1993 Sheet 2 of 2 / o z E-4 z 2 skylights - Apparatus Room 3 Oo a h / o b/ 2 I.2 5 3 Site Grading h En F z z 0 o z 0 4 x 0 w tz H m 5, yoo E C, Q to Jr z° 6 h � � ECalendar Days 270 120 20,5 id 00 381 70-A 25 Oo0 8 Y/5 950 ALTERNATES (ADD OR DEDUCT) 1 Meeting RoomlOfflcdStorage 23 500 / 461305 22,250 2 skylights - Apparatus Room 3 Oo 21000 h / o b/ 2 I.2 5 3 Site Grading 32 000 /7,000 3 0 '69-3 �5 200 4 Diversion Storm Water Dmge 110 41DO /2 k6 o 13 / $0 5, yoo 5 Concrete Ext. Paving JrO�f 0 y2 QO D Jr [�/ 6 Asphalt ExL Paving 5), to 0 AN 500 3 9 Q'$ ,13 0 9.2 7 Lawns, Grasses, Landscaping N 900 21 eoo 3.109 y C) 94, 8 Aluminum Doors -- 6 yoo — b b39 —b 5o'I -- Soo 9A Separate Maintenance Bldg. A17 500 COO ,, 97/ 142 100 9B I Maint. Bldg. - Metal Bldg. # y 0 0 39 (ADO $ 3 �% QOO 10 Vinyl Wall Covering 2,900 2.00 2 5y5 2 800 11 Ceramic Tile - Locker Room 2,1700 2 300 / ! 8 60 12 Entry 138 306 L 2 2i / Bo 13 TelephondIntercom System 1/ 'V06 3 1>00 2 q-9 3 6150 14 Lockers o 5 C0 ,� 5 5 / 5 15A Furnishings -Z% Q /?g 000 JYJ �9 %S 15B AIL One Furnishings 3 900 3 300 3 y3 3 ,g f 2 16 Gas Water Heater 18o0 3 Soo 5512 2 /oo 17 ceramic Wau Tile ! go o / 00 7 q2 StD 0 18 Block Partitions 4450 ! D 6 0 Ay /0 3 /00 19 20 Glass Block carpet 1.2"600 20300 111700 /;.?So /!z / f 124D/ 800 /8 5 21 Gas Unit Heaters — 2 00 3.1700 3 O O 0 TOTAL (induding Alternates) BID TABULATIONS r.. r i IMEL & GRABER ARCHITECTS TULSA, OKLAHOMA PROPOSAL MUST BE MADE ON THIS FORM. OTHER PROPOSALS WILL NOT BE ACCEPTED, COMPLETE ALL BLANKS. ALL PRICES SHALL BE IN BOTH FIGURES AND IN WRITING. FORM OF PROPOSAL for OWASSO FIRE STATION City of Owasso Owasso, Oklahoma Date: June 24, 1993 City Manager City of Owasso Owasso, Oklahoma Gentlemen: The undersigned, in compliance with your invitation for bids for labor and materials required for the erection and completion of building(s) acid including general work, plumbing, mechanical, and electrical work, having examined the Plans and Specifications and related Documents and the Site of proposed work, and being thoroughly familiar with all the conditions surrounding the completion of the proposed project, hereby proposes to furnish all labor, materials, and supplies, and to complete the project in accordance with Contract Documents within the time set forth, and at the prices stated below. These prices to cover all expenses incurred in performing the work required under the Contract Documents, including addenda, which are part of this proposal. PROPOSALOF RDG CONSTRUCTION, INC. (Name of Bidder) I (We) acknowledge receipt of the following addenda: Calendar days required for completion following award of contract: 70 BASE PROPOSAL For all labor, materials, and su plies to complete buildings, including general, mechanical, plumbing and electrical workrG,�L $ r 7oC C - FORM OF PROPOSAL PAGE 1 IMEL & GRABER ARCHITECTS ALTERNATES Alternate No. One Meeting Room /Office and Storage Alternate No. Two Skylights in Apparatus Area Alternate No. Three Site Grading Alternate No. Four Diversion of Existing Storm Water Drainage Alternate No. Five Concrete Exterior Paving Alternate No. Six Asphalt Exterior Paving Alternate No. Seven Lawns, Grasses and Landscaping Alternate No. Eight Aluminum Doors Alternate No. Nine A. Separate Maintenance Building B. Separate Maintenance Building - Metal Building Alternate No. Ten Vinyl Wall Covering Alternate No. Eleven Ceramic Tile in Locker Room Alternate No. Twelve Construction of Entry 138 1 1 TULSA, OKLAHOMA ADD $ %-k OOr'l,ao ADD$ a` %iuu- ADD $ V1 , O 00 DD ADD $ \x`(42 ADD $ Qdp_u ADD $ q4, 5 0 0 s•o ADD $ a z Op . °°__ DEDUCT $ y�co© o ADD $_ S S ADD $ 3nj ©mO CUP— ADD$ :,(Q 00.E ADD$ ai, 30p. ADD $ oZ. app 00 C - FORM OF PROPOSAL PAGE 2 t I� I� IMEL & GRABER ARCHITECTS ALTERNATES Alternate No. Thirteen Telephone /Intercom System Alternate No. Fourteen Lockers Alternate No. Fifteen -A Furnishings Alternate No. Fifteen-13 Installation of Alternate No. One Furnishings Alternate No. Sixteen Gas Water Heater Alternate No. Seventeen Ceramic Wall Tile Alternate No. Eighteen Concrete Block Partitions Alternate No. Nineteen Glass Block Alternate No. Twenty Carpet Alternate No. Twenty -One Gas Unit Heaters TULSA, OKLAHOMA o 'O ADD $ 3 (¢OD ADD$ 9 -1 Z�pp.o� o� ADD Dfz�b ADD $ 3 300 ADD $ Soo. �— o� ADD $_ V"4oc) o� ADD $_ 1 \ O l0 O , ADD $ Co ADD$- DEDUCT $ �j, r-( n o , a D C - FORM OF PROPOSAL PAGE 3 IMEL & GRABER ARCHITECTS TULSA, OKLAHOMA EXTRAS: The undersigned General Contractor agrees to furnish all labor and materials for any additional work ordered by Owner, and for which no pre- agreed price has been fixed, for the net cost of all labor and materials r furnished, plus fifteen percent (15 %) for overhead and profit, as set forth in Supplementary General Conditions. yY PERMIT: The undersigned General Contractor agrees to pay for all permits required. BONDS AND SECURITY: A formal contract shall be executed by the Owner within five (5) working days after notice of acceptance of this bid. The Contractor will deliver required insurance and bonds guaranteeing faithful performance on this contract before construction begins. (Bonds to comply with H.B. 1665, as amended by H.B. ' 1251, 1975) Bid security attached hereto, with endorsements, in the sum of: Five Perc_nt (5$) of h Bid Amount $ is to become property of the Owner in the event that contract and bonds are not executed within time set forth above, and liquidated damages for delay and additional work caused thereby. ' It is agreed that the Owner reserves the right to waive informalities and to reject any and/or all bids. It is understood that the contract will be awarded on lowest base bid and alternates that are accepted by the Owner. ' Owner may accept any of the alternates without regard to their numerical order. Respectfully submitted, RDG CONSTRUCTION, INC. By: o er ooc 1428 E. 3rd St. (Business Address) a Tulsa, Ok 74120 -2804 (SEAL) if bid is by Corporation I I I I I C - FORM OF PROPOSAL PAGE 4 11 - �l 1 h` I I I I I I I I I I I I I I I I I I I I IMEL & GRABER ARCHITECTS 5200 SOUTH HARVARD, SUITE 5 -E TULSA, OKLAHOMA 74135 918 - 747 -8028 July 8, 1993 Chief Bob Allen Owasso Fire Department 207 South Cedar Owasso, Oklahoma Re: Owasso Fire Station IG #9209 Dear Chief Allen: FAD The low bidder on the new fire station project to be located at 8901 North Garnett is RDG Construction. RDG is low both on the Base Bid and the alternates which have been suggested to be accepted. We believe that these accepted alternates and the Base Bid will provide you with a quality station built to serve the City for many years. The bid break down is as follows: Base Bid $ 388,700.00 Alternate No. 3 17,000.00 Site Grading Alternate No. 4 12,600.00 Storm Water Diversion Alternate No. 5 42,000.00 Concrete Paving Alternate No. 8 (6,637.0(1) Usi_no Existing Door. Alternate No. 9A 41,000.00 Separate Maintenance Building Alternate No. 10 2,600.00 Vinyl Wall Coverings Alternate No. 11 2,300.00 Ceramic Tile Floor at Locker Room Alternate No. 13 3,600.00 Telephone Intercom System Alternate No. 20 1,850.00 Carpet Kelm $ 505,013.00 RDG has estimated 270 days which would complete the building on or about March 29, 1994. A. BLAINE IMEL AIA JAMES E. GRABER AIA Chief Bob Allen Page 8 July 1, 1993 The follow alternates which will need to be addressed in the future are: Alternate No. 7 $ 2,800.00 Lawns Alternate No. 14 5,400.00 Lockers Alternate No. 15A 28,000.00 Furnishings Regarding grass and landscaping, this work could be performed by the City, and lockers and furniture could be purchased separately in order to eliminate a possible contractor's markup. It is our recommendation the contract be awarded to the low bidder RDG Construction. Sincerely, James E. Graber IJEG:pmk T H'•E A M E R I C A N I N S T I T U T E `\ jllyllr�� O F A R C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of Nineteen Hundred and ninety -three BETWEEN the Owner: City of Owasso (,Vame and address) 207 South Cedar Owasso, Oklahoma 74055 and the Contractor: RDG Construction (Name and address) 6333 South Peoria Suite 509 Tulsa, OK 74136 The Project is: Owasso Fire Station (,Vame and location) 8901 North Garnett Owasso, Oklahoma The Architect is: Lnel and Graber Architects (,Vance and addm ") 5200 South Harvard, Suite 5 -E Tulsa, Oklahoma 74135 The Owner and Contractor agree as set forth below. in the year of Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1(X-)3, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects. 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will he subject to legal prosecution. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAO • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., %X'ASHINGTON. D.C. 21NRK� A101 -1987 1 WARNING: Unlicensed photocopying violates US. copyright hms and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: l ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of ibis Agreement or, if applicable, stale that the date will be fired in a notice io proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 270 days from contract (Insert the calendardale or number ofcalendar daps after the date of commencement. Also insert anv requirements finr earlier Stnhctantiul Connpletiont of cer- tain portions of the Rork, if not stated elsewhere in file Contract Documents.) date, or 1 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions. if ann for liquidated daunages relating to failure to complete on time.) successful bidder will be required to pay the sum of $500.00 per calendar day (Sundays and Holidays included), liquidated damages for each day's delay beyond the designated completion date as written on the "Form of Proposal "." AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAs • , I987 THE ASIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2wo(, A101 -1987 2 WARNING: Unlicensed photocopying violates U.S. Copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five hundred five thousand thirteen and no/ 100------------------------ - - - - -- Dollars ($505,013.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State tbe numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of Ibis Agreement• attacb a scbedule of sucb otber alternates sbou -ing the amount for eacb and tbe date until ubicb that amount is valid.) Base Bid $388,700.00 Alternate No. 3 17,000.00 Site Grading Alternate No. 4 12,600.00 Storm Water Diversion Alternate No. 5 42,000.00 Concrete Paving Alternate No. 8 (6,637.00) Using Existing Doors Alternate No. 9A 41,000.00 Separate Maintenance Building Alternate No. 10 2,600.00 Vinyl Wall Coverings Alternate No. 11 2,300.00 Ceramic Tile Floor at Locker Room Alternate No. 13 3,600.00 Telephone Intercom System Alternate No. 20 1,850.00 Carpet TOTAL CONTRACT $505,013.00 4.3 Unit prices, if any, are as follows: d N/A 11 1 AIA DOCUMENT A101 - OWNER- CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA® - ©1t)t7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENI•E, N.W., WASHINGTON, D.C. 2(XX)O A101 -1987 3 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the fifteenth (15th) day of a month, the Owner shall make payment to the Contractor not later than the fifteenth (15th) day of the next moot h.- �ieatieR- Pa}erecced -b} -tt�e trititceraftcr the - app} ieatiendaterxe�al�ovetet�ie�3tfleFlate�t# �ays�tftert#�e �1x1•titeef feeeiwe� tl:le�p�}ic- aa:iefr lee- �ay�teet. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to one hundred percent( 100 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and liens . 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (lJ it is iuleneled. prior to Substantial Completion of the entire Work, to reduce or limit the retaotage resulting from the percentage" inserted to Subpara- graphs 5.6. /and 5.6.1 above, and this is not explained elsetchere in the Conaract Documents. insert here provisions for such reduction or limitation,.) Upon completion of one -half of the contract amount, the retainage shall be reduced from 10% to 5 %. AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • 0198'. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2("X� A101 -1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except For the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury taus and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and otber regulations at the Ou,nrer's and Contractor's principal places of business, the location of the Project and elseubere may affect the ralidtll' of this provision. Legal adrice should he obtained u•itb respect to deletions or modifications, and also regarding requirements such as written disclosures or vrairers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 1-4 of the General Conditions. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • 0198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE. N.W. WASHINGTON, D C. 21NNXi A101-1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 1 1 i I 0 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 19, 1993 , and are as follows: Document See below. Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exbibit attached to ibis Agreement.) Section Title Pages Two (2) manuals entitled as follows: 1, Architectural Specifications 2, Mechanical /Electrical Specifications Details and Schedules Owasso Fire Station As Indexed City of Owasso 207 South Cedar Owasso, Oklahoma AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101 -1987 6 ■ Revision: 5/19/93 Drawings are ;IS fi)Ilows, and are dated rit•rne„t.l 9.1.5 The D � r/:'itlu•r list (!,e Uruu•iek.' lxrr or rrJrr fn nr, p�bihi( at(urlxtif h, this RTide Number unless A different (.fate is shown below: ]Date Revision: May 19, 1993 Pages 5 pgs, + attachments 3 pgs• + attachments 2 pgs. • s are not part of [hc Concrlct Dlxumen[s unlcss the bidding rclluirrmen[` arc Portion• of addenda rela[ing «) bidding rclluircn)l.nt • Au" • ;C'1•)"- A101 -1987 7 :dsu cnun)crl[cd in this Article-)- • O�tiEKla) \1'KA(:TOR Al RE"IEVT • T�'ELF1'H EDI'fioti AIA DOCUMENT A101 Ution. 4F:Nl'E. V V:'.. V:'A >NINGTI)N. D.C. 'IMN . U.S. copyright laws and is subject to 10981 W° THE A`1ERICAti IN�T{Tl'l'E of AKCllll'El °TS• 1 -ii \EV1 YoKK .4 WARNING: Unlicensed photocoPyin9 vitiates Fire Station r See Index of Drawings City of Owasso Garnett 8901 North Owasso, Oklahoma 1 fullo.• s: 9.1.6 The addenda, if any ;re as ]Date ' dumber 1993 June 10, 1 June 18, 1993 2 . June 23, 1993 3 Revision: May 19, 1993 Pages 5 pgs, + attachments 3 pgs• + attachments 2 pgs. • s are not part of [hc Concrlct Dlxumen[s unlcss the bidding rclluirrmen[` arc Portion• of addenda rela[ing «) bidding rclluircn)l.nt • Au" • ;C'1•)"- A101 -1987 7 :dsu cnun)crl[cd in this Article-)- • O�tiEKla) \1'KA(:TOR Al RE"IEVT • T�'ELF1'H EDI'fioti AIA DOCUMENT A101 Ution. 4F:Nl'E. V V:'.. V:'A >NINGTI)N. D.C. 'IMN . U.S. copyright laws and is subject to 10981 W° THE A`1ERICAti IN�T{Tl'l'E of AKCllll'El °TS• 1 -ii \EV1 YoKK .4 WARNING: Unlicensed photocoPyin9 vitiates &J a 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bere any additional documents wbicb are intended to form part of the Contract Documents. 7be General Conditions provide that bidding requirements sucb as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of tbe Contract Documents unless enumerated in this Agreement. 7bey sbould be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER City of Owasso (Signature) CONTRACTOR RDG Construction (Signature) Bob Randolph, Mayor Robert Gooch, Owner (Printed name and title) (Printed name and title) I i CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT - TWELFTH EDITION • AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2IX10(i A101 -1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 1 1 1 1 1 MMoxnxnuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR BUDGET AMENDMENT TO THE CAPITAL IMPROVEMENT FUND DATE: July 14, 1993 BACKGROUND: The recently approved FY 93 -94 budget includes appropriations to four capital improvement projects (page 90 in budget document). Those projects are 1) Fire Department Tanker Truck - $65,000; 2) City Hall Renovation - $90,000; 3) SportsPark Phase II - $120,000; 4) Central Fire Station - $434,525. The funding for each of these projects is derived from the third penny sales tax and appropriated annually to priority projects. The central fire station project has been listed on the capital improvement plan since 1989. The bidding process for the fire station has been completed and a review of the bids by the architect and Chief Allen indicates that the "lowest and best" bid is $78,771.00 more than the funds available (not all of the appropriated funds were allocated for construction costs; a portion of the funds were set aside for utility services, engineering services, architect, inspections, etc). The staff has conducted an evaluation of the project, as it relates to our long term facilities - strategy; a review of the bid in terms of its comparison to other similar projects; and an analysis of options for supplemental funding. Based on those studies, it is the staff position that the project design is at its most basic and cost efficient level, and that the project should be initiated and completed as currently planned. Additionally, it is the staff position that, given the current list of funded projects, the increased funding for the station project should be acquired by decreasing the appropriation to the city hall renovation project. The ramification of reduced funding for the city hall project is that the project will be delayed for at least one year. Most significantly, it should be noted that the money remaining in the city hall project would have to be used to provide protection to the existing fire station "bay" area after the doors are removed and relocated to the new station. Therefore, it should be recognized that, in the event the recommendation below is accepted, there will be no real progress on renovating city hall facilities until FY 94 -95. MEMORANDUM Budget Amendment to CIP Fund July 14, 1993 Page 2 OPTIONS: The question at issue is whether or not to construct the station now. If the decision is to award the contract and continue the project under the current schedule, the staff believes the minimum 61 scope of the project should be no less than that recommended by Chief Allen and the architect. Should that be the Council's decision, the staff is of the opinion that there are only two viable funding alternatives available to the Council. Qption 1 is the reallocation of capital improvement funds as outlined above and recommended below. Qption 2 would be to approve a supplemental appropriation to the fire station from existing general fund reserves. 1 RECOMMENDATION: The staff recommends that the Council a pp rove an amendment to the Capital Improvement Fund budget by decreasing the City Hall Renovation Project by $80,000 and increasing the Central Fire Station Project by $80,000. IATTACHMENT: ICapital Improvement Fund Budget Ll 1 CAPITAL IMPROVEMENT FUND PROPOSED BUDGET FY 1993 -94 PROJECTED BEGINNING FUND BALANCE (7 -1 -1993) 327,250 PROPOSED REVENUE & TRANSFER IN Interest 10,000 Transfer from OPWA Sales Tax Fund 3817300 PROPOSED EXPENDITURES 81- 210 -5420 City Hall Renovation 90,000 81- 330 -5420 Central Fire Station 4341525 81- 330 -5442 Tanker Truck 65,000 81- 610 -5461 Sports Park 120,000 PROPOSED NET 318,225 PROJECTED ENDING FUND BALANCE (6-30 -1994) $9,025 41111 ■ 1r I 1h ' TO: ' FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER ' SUBJECT: REQUEST FOR ELIMINATION OF LICENSE FEES FOR PACKAGE LIQUOR STORES AND NON - INTOXICATING BEVERAGE RETAILERS DATE: July 15, 1993 BACKGROUND: Mr Mike O'Neal, a citizen of Owasso and owner of a business located in the City (Owasso Discount Liquor and Wine), has requested to appear before the Council for the purpose of requesting relief from certain licenses required of package liquor stores. This memorandum is presented to acquaint the Council with that request and the similar request of retail outlets selling non - intoxicating beverages (less than 3.2% alcohol). Additionally, in anticipation that the Council may want to take action, the staff developed a recommendation for your consideration of this issue. On June 15, 1993, the City Council adopted Ordinance #463 effectively repealing the City's "business licenses" for the majority of retail businesses. The approval of that measure was widely supported by the business community, Council and staff as a good message to people who may consider Owasso as a site for their business. The corresponding loss of revenue to the City was approximately $12,000. Previously the Council, on July 17, 1990, enacted Ordinance #417 reducing from $600 to $300 the retail "Package Liquor Store" license fee. The staff has now received a request from several businesses that there be a consideration of the elimination of the retail beer licenses ($20.00 annually) and the elimination of the package liquor store license ($300.00 annually). The staff has met with representatives of merchant groups to discuss the issue. Additionally, I have discussed the issue individually and separately with some members of the Council. There have been staff evaluations of the request and discussions of the appropriateness of the licenses. An analysis of the fiscal impact of these licenses indicates that there is a potential loss in revenue of $900.00 from retail package liquor store licenses and a potential loss of revenue of $340.00 from retail non - intoxicating beverage licenses. The loss of total revenue of $1240.00 out of a $4,362,287.00 budget is insignificant and will have no significant effect on the operations of the ' MEMORANDUM Elimination of License Fees ' July 15, 1993 Page 2 City. However, the rational driving this decision should not be the amount of dollars involved, but rather the equity and fairness of the action. There are many instances wherein the City collects even smaller amounts of fees or licenses. Separately, many of those specific revenue ' sources may be insignificant, however, as a part of the aggregate, they combine to produce the funds needed to provide existing services at existing levels. The staff has also conducted an analysis of the two licenses based on the same criteria used to develop a recommendation relating to repeal of the City's business licenses. That analysis indicated that the City performed no regulatory or inspection services directly relating to those t licenses other than normal law enforcement action pertaining to violations of statutes. The state currently requires a state license for both operations and, as a part of their regulatory responsibilities, do provide checks of the facilities and compliance with "ABLE" regulations. Based on that analysis, the conclusion was that these licenses are for the purpose of raising revenue and do not represent a "charge for services". While there is nothing wrong with revenue measures, there may be a more equitable method of producing those revenues that does not have an adverse impact on local merchants. MIN ORDINANCE #465: Ordinance #465, if approved as requested, would repeal the license fee now charged for retail package liquor stores and retail stores selling non - intoxicating beverages (3.2 beer), as well as those establishments having an "on premise" license for non - intoxicating beverage. Mr Cates has prepared and reviewed the ordinance. RECOMMENDATION• The staff recommends Council adoption of Ordinance #465. 0 ATTACHMENTS: 1. Ordinance #465 2. Section 3- 103(A)(7) of the Municipal Code t3. Section 3 -204; 3 -205; 3 -206 of the Municipal Code 71 M r CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 465 ' AN ORDINANCE PERTAINING TO PART 3 - ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, RELATING TO CHAPTER 1 ALCOHOLIC BEVERAGES; TAXATION AND REGULATION, ' SECTION 3 -103 OCCUPATION TAX LEVIED, REPEALING SECTION 3- 103(A)(7) WHICH PROVIDES AN ANNUAL OCCUPATION TAX ON A PACKAGE STORE IN THE AMOUNT OF $300.00, RELATING TO CHAPTER 2 - ' NON- INTOXICATING BEVERAGES SECTION, 3 -204, LICENSE FEE, SECTION 3 -205 LICENSE REQUIRED, AND SECTION 3 -206 COMPLIANCE WITH STATE LAW; NOT TRANSFERRABLE, REPEALING SAME, DECLARING AN EFFECTIVE DATE ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: M ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney oword93.tab By: Bob Randolph, Mayor Section 1: Part 3 - Alcoholic Beverages of the Code of Ordinances of the City of Owasso, Oklahoma, Chapter 1 - Alcoholic Beverages; Taxation and Regulation, Section 3- 103(A)(7) which provides for levy of an annual occupation tax upon each person, firm or corporation engaged within the City in the occupation of ' package store in the amount of $300.00, be and same hereby is repealed. ' Section 2: Part 3 - Alcoholic Beverages of the Code of Ordinances of the City of Owasso, Oklahoma, Chapter 2, Non - Intoxicating Beverages, Section 3-204, License Fee, Section 3 -205, License Required, Section 3 -206, Compliance with State Law; Not Transferrable, be and same hereby are repealed. Section 3: That this Ordinance shall upon adoption take effect thirty (30) days from the date of first publication as provided by State Law. ' DATED this 20th day of July, 1993. CITY OF OWASSO, OKLAHOMA M ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney oword93.tab By: Bob Randolph, Mayor Alcoholic Beverages Sec. 3 -102 Sec. 3 -104 4. The following specific terms, to -wit: brewer, class B wholesaler, distiller, manufacturer, person, premises, winemaker, and Oklahoma winemaker, and wholesaler, are given the meanings defined for them by the Oklahoma Alcoholic Beverage Control act; and 5. Words in the plural include the singular, and vice versa; and words imparting the masculine gender include the feminine. (Prior Code, Sec. 2 -1) State Law Reference: Definitions, state alcoholic beverage code, 37 O.S. Sections 501 et seq. SECTION 3 -103 OCCUPATION TAX LEVIED. A. There is hereby levied an annual occupation tax upon each person, firm, or corporation engaged within this city in any of; the following occupations hereinafter named, in the following sums respectively set opposite the designation of each such occupation: 1. Brewer $1,250.00; 2. Distiller $3,125.00; 3. Winemaker $625.00; 4. Oklahoma winemaker $75.00; 5. Wholesaler $2,500.00; 6. Class B wholesaler $625.00; or 7. Package store $300.00. B. The above occupation taxes for brewer and class B wholesaler shall be reduced by seventy -five percent (75 %) if the licensee is also holder of a state license to manufacture or wholesale, as the case may be, any nonintoxicating malt beverages as provided in Title 37 of the Oklahoma Statutes. (Prior Code, Sec. 2 -2; Ord. No. 417, 7/17/90) State Law Reference: State license fees, authority of city to levy same as state fee, 37 O.S. Section 518. _ SECTION 3 -104 TAX TO BE PAID TO CITY CLERK; RECORDS; STATE LICENSE REQUIRED. A. All occupation taxes herein provided shall be paid in advance, to the city clerk, who shall issue a receipt therefor. The city clerk shall record the name of such licensee and the address where he engages in his occupation. Such records shall be duly filed and kept in the permanent files of the city for at least five (5) years. Thereafter, upon resolution by the council, such records may be destroyed. Every person receiving such a receipt from the city clerk shall post the tax receipt in a conspicuous place in the premises wherein he carries on his occupation. Page 3-4 (1991 Supplement) Alcoholic Beverages Sec. 3 -204 Sec. 3 -206 . SECTION 3 -204 LICENSE FEE. A. There is hereby levied upon each retail dealer in nonintoxicating bever- ages for consumption on and off the premises, an annual municipal license fee of Twenty Dollars ($20.00). There is hereby levied upon each retail dealer in nonintoxicating beverages in original packages and not for consumption on the premises, an annual municipal license fee of Ten Dollars ($10.00). B. All such municipal license fees shall be paid to the city at the time of issuance and in the manner herein prescribed, after making application to the city clerk. The application shall set forth: I. The location of the business; ' 2. The address of the retail dealer; 3. If the retail dealer is a corporation, the name of the president and managing officers thereof; and if the retail dealer is a partnership, the name of all the partners; and 4. The name and number of the county and state permits. The license may be issued upon receipt of the satisfactorily completed application and license fees. C. The license fees herein provided are minimum fees, and there shall be no proration for periods of times shorter than one year. The licenses shall expire on June 30 of each year. ' D. The license fees herein provided shall be payable in advance on or before the Ist day of July of each year. E. Once the license fee has been paid as provided in this section, no refunds may be made. F. Whenever the place of business for which the license is issued is sold, or moved to a new location, the holder of the license shall immediately notify the city clerk with the name of the new owner or address. (Prior Code, Sec. 2 -27) State Law Reference: State retail dealer license fees, city not to levy greater fee, 37 O.S. Section 163.7. SECTION 3 -205 LICENSE REQUIRED. It is unlawful for any retail dealer, whether permanent or temporary, at any place within the corporate limits of the city to sell, distribute, or dispense any nonintoxicat- ing beverages without having first paid the municipal license fee as herein required, and without securing the appropriate license and permit from the county and state. State Law Reference: 37 O.S. Section 163.7 sets out state license fees. See 37 O.S. Sections 163.1 et seq. for other licensing requirements. F SECTION 3 -206 COMPLIANCE WITH STATE LAW; NOT TRANSFERABLE No municipal license shall be issued to any retail dealer by the city clerk without a satisfactory showing that the applicant has obtained all state and county permits required by law, and has in all other respects complied with the laws of the state relating to the sale and distribution of nonintoxicating beverages. All license fees Ili' - Page 3 -10 Alcoholic Beverages Sec. 3 -206 Sec. 3-212 Lle d herein shall expire midnight on June 30th of each year. No license shall be ferab le. (Prior Code, Sec. 2 -32) §ECTION 3 -207 POSSESSION BY MINORS�IN PUBLIC. It is unlawful for any minor to be in possession of any nonintoxicating alcohol' beverage or beer while such person is upon any public street, road, or highway, or in 7'' ' publ�i6 building or place, or driving or riding as a passenger in any vehicle. (Prior Code, Sec. 235) SECTION`3 -208 DEFINING POSSESSION. Possession under the terms of this chapter shall consis/(Pior hysical possession and all further include any nonintoxicating alcohor beer accessible or wi in the range of reach of hands of any such perse, Sec. 2 -35) SECTION 3 -209 IS REPRESENTING AGE. It is unlawful for ah person to misrepresent his age to an 'retail dealer, as herein defined, for the purpose of obtaining, or attempting to o ain any nonintoxicating beverages, as herein defined for consumption upon the pre ises of such retail dealers. (Prior Code, Sec. 2 -29) SECTION 3 -210 OBSTRUC NG WINDOWS. Taverns or cafes handling bee shall not struct the windows, doors, or other openings facing the street or sidewal with p nt or any other invisible objects, more than four (4) feet from the level of th�side alk to top of the window, door, or other opening, in the city. (Prior Code, Sec. 2- 3 SECTION 3-211 TRANSPORTING�OF ONINTOXICATING BEVERAGES EXCEPT IN ORIGINAL UY40PENED CONTAINER. It is unlawful for any person to knowingly t ansport in any moving vehicle upon a public highway, street or alley any nonintoxicat g beverage except in the original container which shall not have been opened and from hich the original cap or seal shall not have been removed, unles the opened container be, I. In the rear unk or rear compartment, wh�h shall include the spare tire compartment in a stati wagon or panel truck; and 2. In any utside compartment which is not accessi le to the driver or any other person in the ehicle while it is in motion. (Prior Code, .2-34) SECTION 3 212 NONINTOXICATING ALCOHOLIC BEVERA TO BE . MW KI ' �ny police or law enforcement officer may to confiscate any noninto icating bev rage or beer found by him to be in possession of a minor in violation of this c Ater a evidence of such violation in accordance with applicable state law. (Prior Code, ec. -36 in part) Page 3-11 AIMoRANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP, FINANCE DIRECTOR SUBJECT: AGREEMENT WITH THE OKLAHOMA TAR COMMISSION FOR ADMINISTRATION OF THE SALES TAR ORDINANCE AND THE USE TAR ORDINANCE DATE: July 15, 1993 BACKGROUND: The City of Owasso levies a 3 % sales tax and a 3 % use tax on the sales of eligible merchandise as allowed by statute. Collection of the sales and use tax is currently performed by the Oklahoma Tax Commission under an agreement between the Commission and the City. In return for collection and administration of the tax, the Commission retains one percent of the total amount collected. The agreement with the Commission requires annual renewal by the City Council. Without this agreement, the Tax Commission would not collect the local portion of the taxes. The 1 % fee retained by the Commission for the past fiscal year was $32,015. Several cities and the OML have studied alternate methods of collecting the sales tax. At this point, there does not appear to be another viable option. The attached agreements with the Commission are identical (except for dates) to the agreements ' approved last year. At that time, Mr. Cates reviewed the documents and indicated they were appropriate for Council consideration. RECOMMENDATION: Staff recommends Council approval of the "Agreement for Administration of the Sales Tax Ordinance" and "Agreement for Administration of the Use Tax Ordinance" with the Oklahoma Tax Commission. ATTACBAIENTS: ' Agreement for Administration of the Sales Tax Ordinance Agreement for Administration of the Use Tax Ordinance 1 1 1 AGREEMENT FOR ADMINISTRATION OF THE SALES TAX ORDINANCE OF THE CITY /TOWN OF j,J CC S S D THIS AGREEMENT is entered into this ' day of 'J, 19 , pursuant to the provisions of Section 2701 et seq. of Title 68 of the Oklahoma State Statutes, between the Oklahoma Tax Commission, hereinafter referred to- as "Commission" and the City /Town of Oklahoma, for the administration of Ordinance No. , hereinafter referred to as "Ordinance" levying a municipal sales tax of f` 2 percent within the Municipality, to- wit: This Agreement is based upon the provisions contained in the Ordinance of the Municipality, a certified copy of which is attached hereto and made a part hereof. The Municipality agrees to forthwith provide the Commission with a certified copy of each amendment to the Ordinance enacted during the time this Agreement is in effect. Any amendment to the Ordinance which the Commission determines is inconsistent with the terms of the Agreement shall constitute grounds for termination by the Commission of this Agreement. 2. The Commission shall administer and enforce the Ordinance and collect the municipal sales tax in the manner herein provided. It is recognized and acknowledged that the ordinance levies a municipal sales tax upon all sales which are subject to the sales tax levied by Sections 1350, et seq, of Title 68 of the Oklahoma Statutes, hereinafter referred to as "Oklahoma Sales Tax Code, "; that all sales exempt from state sales tax are exempt from the municipal sales tax, unless otherwise provided by the Oklahoma Sales Tax Code; and, that in administering, "enforcing and collecting the municipal sales tax, the term "sale" as used herein shall mean "sale" as defined by state statute and the Commission's determination of what constitutes a sale shall be binding on the Municipality. 3. The Commission and the Municipality acknowledge that the bracket system should be adopted for the convenience of vendors in collecting both the state and municipal sales tax, as authorized in Section 1362 of Title 68 of the Oklahoma Sales Tax Code. 1 4. The Municipality agrees that vendors' claims for the discount allowed in Section 1367 of the Oklahoma Sales Tax Code shall be applicable to both state and municipal sales tax remittances and the Commission's determination of the validity of the claims shall be binding on the Municipality. 5. The Municipality agrees that the Commission shall retain, for its 1 services rendered,. an amount not to exceed one and three - fourths percent (1- 3/4 %) of the amount of such tax, penalty and interest, collected by the Commission. 6. Except as otherwise provided in this Agreement or Amendment hereto, the Commission shall give no preference in applying money received for state and municipal sales taxes owed by a taxpayer. All monies collected shall be applied pro rata to the satisfaction of the claims of the Commission and the claims of the Municipality in amounts calculated on a percentage equal to the proportion of their respective claims to the total sales tax liability of the taxpayer. 7. The Municipality acknowledges that the municipal sales tax received and collected pursuant to this Agreement will be deposited in the State Treasury as required by law. The Commission agrees that as early as possible each month, and so long as the Commission has any funds due the Municipality under this Agreement, it will cause to be paid over to the Treasurer of the Municipality, all municipal sales tax, penalty and interest received by the WA Commission during the preceding calendar month, except any amount refunded to taxpayers and less any sums withheld under Paragraph 5 above. 8. The Commission agrees to require reports of municipal sales tax from vendors, to maintain records of reports and collections from vendors and to in maintain the records in such a manner that the total amount due the Municipality each month can be determined by the Commission. And, the Commission agrees to transmit to the Municipality a monthly statement of the municipal sales tax collected the preceding month and the amount refunded. The Municipality shall have no other claim under this Agreement against the Commission for any funds other than for the municipal sales tax, penalty and interest thereon collected hereunder by the Commission. 9. The Municipality agrees that refunds of municipal sales tax previously paid over to the Treasurer of the Municipality shall be paid from subsequent collections of the municipal sales tax. The Commission's determination of claims for refund shall be binding on the Municipality. 10. Both parties agree that nothing herein shall be construed to affect 'the applicability of the Supreme Court's decision in the consolidated case of Kay Electric Cooperative Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission and Cotton Electric Cooperative Inc. v. State of Oklahoma ex rel. ' Oklahoma Tax Commission, 62 O.B.A.J. 2233 (July 20, 1991), to circumstances that may arise hereunder. , 11. The Municipality agrees that any municipal sales tax, penalty and interest paid under protest received by the Commission during a preceding calendar month shall be paid over to the Treasurer of the Municipality. If the protested municipal sales tax is refunded, the municipal sales tax, ' penalty and interest paid under protest and interest required to be paid thereon will be paid out of current collections and deducted from the amount , due the Municipality. 12. The Municipality acknowledges that the provisions of Section 205 of Title 68 of the Oklahoma Statutes, making the records and files of the ' t Commission confidential and prohibiting disclosure of same, includes the Commission's records and files in respect to the collection of municipal sales tax and that sales tax reports, records, files and any information obtained therefrom, cannot be divulged or disclosed except as authorized by statute. 13. .In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal sales tax funds in its possession then due and payable under this Agreement, and the iMunicipality shall thereafter be liable for and shall pay any refunds of municipal sales tax required by law to be made, including refunds of the amount of such municipal sales tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being held by it. The Municipality agrees to pay any interest required by law to be paid on such refunds. 14. The Municipality agrees that the Commission shall have the authority to assess, to collect, to enforce and to prosecute the municipal sales tax penalties and interest thereon, including any tax, penalty and interest liability existing on the date of this Agreement. The Municipality agrees 'that the Commission shall have all the powers of enforcement in regard to municipal sales tax, penalties and interest as are granted to or vested in the Municipality. And, the Municipality agrees to refrain from any assessment, collection, enforcement or prosecution of the municipal sales tax except as specified in this Agreement. 3 15. It is recognized and acknowledged that the Ordinance includes criminal sanctions for violation of the Ordinance. The Commission agrees that the Municipality may prosecute, in its Courts, any criminal violations of the Ordinance. And, the Commission, agrees to fully cooperate with the Municipality in Its prosecution efforts and to disclose information to the Municipality as required by law. The Municipality agrees that the Commission will not prosecute• violations of the Ordinance. 16. The Municipality agrees that any payment of tax, penalty or interest ' thereon, generated as a result of criminal prosecution or enforcement activity by the Municipality, shall be paid by the taxpayer directly to the Commission and shall be applied pro rata to the satisfaction of the respective liabilities owed to the State and the Municipality in amounts calculated on a percentage equal to the proportion of each liability to the ' total sales tax liability of such taxpayer. 17. It is recognized and acknowledged that the Municipality may elect to ' augment the Commission's enforcement of municipal sales tax. The Municipality agrees to refrain from any efforts to augment the Commission's ' enforcement of municipal sales tax except as specified by written Amendment to the Agreement approved by the Municipality and the Commission. ' 18. The Municipality agrees that the Commission has the sole authority to enter into an installment agreement with any taxpayer, including a ttaxpayer prosecuted under a municipal sales tax ordinance, for state and municipal sales taxes owed by the taxpayer, and that all monies collected pursuant to an installment agreement are to be applied pro rata to the ' satisfaction of the respective liabilities owed to the State and the Municipality in amounts calculated on a percentage equal to the proportion of each liability to the total sales tax liability of such taxpayer. 19. The Municipality agrees that if the constitutionality or legality of the Ordinance or any provisions thereof, shall be attacked in any Court, it shall be the duty of the Municipality to defend such litigation. 20. The Municipality agrees to promptly give the Commission a notice in writing of any annexation or de- annexation of territory to the Municipality. 'The notice shall include a verified copy of the street or physical boundaries of the newly annexed or de- annexed territory. All Municipality limit lines shall be designated by street name, or other physical boundaries, shown in ' map form, and certified to the Commission. 11 4 t21. This Agreement shall be in effect from July 1 , '19 93 , until June 30, 19 94 . Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above,written. THE MUNICIPALITY OF , ' A Municipal Corporation IMayor IATTEST: (CITY SEAL) Municipal Clerk APPROVED: I1 Director, Business Tax Division 11 II 1.1 11 11 11 OKLAHOMA TAX COMMISSION z� Chairman ATTEST: (STATE SEAL) Assistant Secretary - OTC 1 iAGREEMENT FOR ADMINISTRATION OF THE USE TAX ORDINANCE OF THE CITY /TORN OF lJ t/1)0 S S O THIS AGREEMENT is entered into this day of 19 ursuant to the P provisions of Section 2701 and 1411 of Title 68 of the Oklahoma State Statutes, between the Oklahoma Tax Commission, hereinafter ' referred to as "Commission" and the City /Town of 0 Lc) Gt S S C , Oklahoma, for the administration of Ordinance No. , hereinafter referred to as "Ordinance" levying a municipal use tax of percent (v $) within the Municipality, to -wit: 1. This Agreement is based upon the provisions contained in the Ordinance of the Municipality, a certified copy of which is attached hereto 'and made a part hereof. The Municipality agrees to forthwith provide the Commission with a certified copy of each amendment to the Ordinance enacted during the time this Agreement is in effect. Any amendment to the Ordinance which the Commission determines is inconsistent with the terms of the Agreement shall constitute grounds for termination by the Commission of this ' Agreement. 2. The Commission shall administer and enforce the Ordinance and ' collect the municipal use tax in the manner herein provided. It is recognized and acknowledged that the ordinance levies a municipal use tax upon all use within the Municipality of property, the sales of which, if made within the Municipality, would be subject to the municipal sales tax. The municipal use tax should be administered in the same manner as the use tax levied by Sections 1401, et seq. of Title 68 of the Oklahoma Statutes, hereinafter referred to as "Oklahoma Use Tax Code,"; that all exemptions from state use tax are exempt from the municipal use tax, unless otherwise provided by the Oklahoma Use Tax Code; and, that in administering, enforcing and collecting the municipal use tax, the terms use or "sale" as used herein shall mean "sale" as defined by state statute and the Commission's determination of what constitutes a sale shall be binding on the Municipality. f II 11 1 3. The Commission and the Municipality acknowledge that the bracket system should be adopted for the convenience of vendors in collecting both the state and municipal use tax, as authorized in Section 1410 of Title 68 of the Oklahoma Use Tax Code. 4. The Municipality agrees that vendors" claims for the discount allowed in Section.1410 of the Oklahoma Use Tax Code shall be applicable to both state and municipal use tax remittances and the Commission's determination of the validity of the claims shall be binding on the ' Municipality. 5. The Municipality agrees that the Commission shall retain, for its services rendered, an amount not to exceed one and three - fourths percent (1- 3/4 %) of the amount of such tax, penalty and interest, collected by the Commission. 6. Except as otherwise provided in this Agreement or Amendment hereto, ' the Commission shall give no preference in applying money received for state and municipal use taxes owed by a taxpayer. All monies collected shall be applied pro rata to the satisfaction of the claims of the Commission and the claims of the Municipality in amounts calculated on a percentage equal to the proportion of their respective claims to the total use tax liability of the ' taxpayer. 7. The Municipality acknowledges that the municipal use tax received ' and collected pursuant to this Agreement will be deposited in the State Treasury as required by law. The Commission agrees that as early as possible each month, and so long as the Commission has any funds due the Municipality " under this Agreement, it will cause to be paid over to the Treasurer of the Municipality, all municipal use tax, penalty and interest received by the Commission during the preceding calendar month, except any amount refunded to ' taxpayers and less any sums withheld under Paragraph 5 above. B. The Commission agrees to require reports of municipal use tax from vendors, to maintain records of reports and collections from vendors and to maintain the records in such a manner that the total amount due the Municipality each month can be determined by the Commission. And, the Commission agrees to transmit to the Municipality a monthly statement of the municipal use tax collected the preceding month and the amount refunded. The Municipality shall have no other claim under this Agreement against the Commission for any funds other than for the municipal use tax, penalty and interest thereon collected hereunder by the Commission. 1 9. The Municipality agrees that refunds of municipal use tax previously paid over to the Treasurer of the Municipality shall be paid from subsequent collections of the municipal use tax. 'The Commission's determination of claims for refund shall be binding on the Municipality. 10. Both parties agree that nothing herein shall be construed to affect the applicability of the Supreme Court's decision in the consolidated case of ' Ray Electric Cooperative, Inc, v. State of Oklahoma ex rel. Oklahoma Tax Commission and Cotton Electric Cooperative, Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission, 62 O.B.A.J. 2233 (July 20, 1991), to circumstances that may arise hereunder. 11. The Municipality agrees that any municipal use tax, penalty and interest paid under protest received by the Commission during a preceding calendar month shall be paid over to the Treasurer of the Municipality. If the protested municipal use tax is refunded, the municipal use tax, penalty and interest paid under protest and interest required to be paid thereon will be paid out of current collections and deducted from the amount due the Municipality. 12. The Municipality acknowledges that the provisions of Section 205 of Title 68 of the Oklahoma Statutes, making the records and files of the Commission confidential and prohibiting disclosure of same, includes the Commission's records and files in respect to the collection of municipal use tax and that use tax reports, records, files and any information obtained therefrom, cannot be divulged or disclosed except as authorized by statute. 13. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal use tax funds in its possession then due and payable under this Agreement, and the Municipality shall thereafter be liable for and shall pay any refunds of municipal use tax required by law to be made, including refunds of the amount of such municipal use tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being held by it. The Municipality agrees to pay any interest required by law to be paid on such refunds. 3 14. The Municipality agrees that the Commission shall have e Y � the authority to assess, to collect, to enforce and to prosecute the municipal use tax penalties and interest thereon, including any tax, penalty and interest liability existing on the date of this Agreement. The Municipality agrees ' that the Commission shall have all the powers of enforcement in regard to municipal use tax, penalties and interest as are granted to or vested in the Municipality. And, the Municipality agrees to refrain from any assessment, collection, enforcement or prosecution of the municipal use tax except as specified in this Agreement. 15. It is recognized and acknowledged that the Ordinance includes 'criminal sanctions for violation of the Ordinance. The Commission agrees that the Municipality may prosecute, in its Courts, any criminal violations 'of the Ordinance. And, the Commission agrees to fully cooperate with the Municipality in its prosecution efforts and to disclose information to the Municipality as required by law. The Municipality agrees that the Commission will not prosecute violations of the Ordinance. 16. The Municipality agrees that any payment of tax, penalty or interest ' thereon, generated as a result of criminal prosecution or enforcement activity by the Municipality, shall be paid by the taxpayer directly to the Commission and shall be applied pro rata to the satisfaction of the °respective liabilities owed to the State and the Municipality in amounts calculated on a percentage equal to the proportion of each liability to the total use tax liability of such taxpayer. 17. It is recognized and acknowledged that the Municipality may elect to augment the Commission's enforcement of municipal use tax. The Municipality agrees to refrain from any efforts to augment the Commission's enforcement of municipal use tax except as specified by written Amendment to the Agreement approved by the Municipality and the Commission. 18. The Municipality agrees that the Commission has the sole authority to enter into an installment agreement with any taxpayer, including a ?taxpayer prosecuted under a municipal use tax ordinance, for state and 'municipal use taxes owed by the taxpayer, and that all monies collected 4 pursuant to an installment agreement are to be applied pro rata to the satisfaction of the respective liabilities owed to the State and the Municipality in amounts calculated on a percentage equal to the proportion of each liability to the total use tax liability of such taxpayer. 19. The Municipality agrees that if the constitutionality or legality of the Ordinance or any provisions thereof, shall be attacked in any Court, it shall be the duty of the Municipality to defend such litigation. 20. The Municipality agrees to promptly give the Commission a notice in writing of any annexation or de- annexation of territory to the Municipality. The notice shall include a verified copy of the street or physical boundaries of the newly annexed or de- annexed territory. All Municipality limit lines shall be designated by street name, or other physical boundaries, shown in map form, and certified to the Commission. 21. This Agreement shall be in effect from July 1 , 19 93 , until June 30, 19 94 . Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above written. Ii THE MUNICIPALITY OF IL A Municipal Corporation I I Mayor ATTEST: (CITY SEAL) Municipal Clerk ^' APPROVED : Director, Business Tax Division E 11 5 OKLAHOMA TAX COMMISSION ATTEST: (STATE SEAL) Assistant Secretary - OTC 1 AIMoxaxntmz �I TO: HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO FROM: CHIEF EDWARD L. SMITH SUBJECT: REQUEST FOR SUPPLEMENTAL APPROPRIATION TO POLICE DEPARTMENT BUDGET. DATE: JULY 13, 1993 BACKGROUND: Pursuant to Oklahoma State statute, Title 63 O.S. 1981, sec. 2 -503, Police Officers are allowed to seize any property or monies which are used to facilitate violations of the Oklahoma Uniformed Controlled Dangerous Substance Act. Subsequent to the aforementioned provisions, the Owasso Police Service has seized and has been awarded funds �■ derived from the sale of vehicles seized in accordance with the above listed statute. Currently, the account balance held in the name of the Owasso Police Service by the District Attorney's Office is $1,273.58. After discussions with Assistant Chief Terry Laflin and District Attorney's Office Drug Fund Administrator Carrol Gatlin, a request was made of the District Attorney's Office for the expenditure of drug fund monies to purchase an Epson Equity 486SX computer with color monitor, keyboard and package software for the Police Department in the amount of $1,323.95. Mr. Gatlin advised that the District Attorney's Office normally purchases items from County or State bid lists but that computer purchases are handled differently, in that the agency desiring to purchase a computer selects the vendor from which the computer will be purchased and that the District Attorney's Office provides the funding from the respective agencies account. Subsequent to the request for the purchase of the computer, Mr. Carrol Gatlin received authorization from District Attorney David Moss to liquidate funds in the name of the Owasso Police Service and has since issued two checks made payable to the Owasso Police Department in the total amount of $1,273.58 for the purchase of the desired computer. ACCEPTANCE OF FUNDS/ SUPPLEMENTAL APPROPRIATION PAGE TWO JULY 13, 1993. It is my understanding that the State law requires Council approval for a supplemental appropriation to the Police Department's 1993 -1994 operating budget. The Police Department is therefore desirous of seeking Council approval for a supplemental appropriation to the Police Department budget line item 51- 310 -5441 in the total amount of $1,273.58 so that the desired computer may be purchased. Additionally, in order to provide documentation that revenue is available for the supplemental appropriation, it is further requested that the Council approve an increase in the General Fund revenue estimates for FY 93 -94. RECOMMENDATION: Staff recommends council approval of a supplemental appropriation to the Police Department budget in the amount of $1,274.00, and an increase in General Fund revenues of $1,274.00. ATTACMIENTS: 1. Copy of check #055870 in the amount of $358.33. 2. Copy of check #055871 in the amount of $915.25. MEMORANDUM 1 TO: HONORABLE MAYOR AND CITY COUNCIL ICITY OF OWASSO IFROM: CHIEF EDWARD L. SMITH SUBJECT: PURCHASE OF COMPUTER FOR THE POLICE DEPARTMENT IDATE: JULY 13, 1993 t BACKGROUND: C GROUND: ' Pursuant to a request and upon Council approval of a supplemental appropriation to the Police Department budget in the amount of $1,274.00, the Police Department respectfully requests council approval for the purchase of an Epson model 486SX computer with color monitor, keyboard and package software from Epson Direct out of Torrance California in the amount of $1,323.95. 0 The Police Department seeks approval for the purchase of said computer in an effort to accomplish the Departments goal of records automation, which includes but is not limited to Police Department inventory tracking, vehicle fleet management, as well as departmental statistics and budgeting. In addition to the desired accomplishments listed above, Assistant Chief Laflin and I have been looking at and reviewing different Law Enforcement software t applications aimed at automating departmental records such as police reports, investigative follow -up reports, Uniform Crime Reports and property room inventory. Probably, one of the most important tasks at hand is to capture and compile data as it relates to associated departmental operating costs and to the number and types of calls for police service. To successfully accomplish the desired goals and to keep up with the ever increasing demand for information from the Police Department by the public we serve, the purchase of an additional computer is viewed as being a necessity. While the total amount of the computer purchase exceeds the funds provided by the District Attorney's Office, a review of the Police operating budget reveals that sufficient monies are available to make up the difference in the amount awarded by the District Attorney's Office and the total price for the computer and shipping costs. REQUEST FOR COMPUTER PURCHASE JULY 13, 1993 PAGE TWO Staff recommends council approval for the expenditure of $1,323.95 for the purchase of a computer from Epson Direct. L 11 XIMoxnxnuM ri IBACKGROUND: On February 16, 1993, the Council authorized the Owasso Municipal Court to enter into an agreement with the Tulsa County District Court for the purpose of allowing the municipal court to assume jurisdiction over certain juvenile misdemeanor offenses. Those offenses covered in the agreement included vandalism, shoplifting, trespassing, assault, assault and battery, battery, truancy, and public intoxication. The purpose of the arrangement is to encourage local communities to provide some form of "early intervention" in an effort to prevent young offenders from reentering the justice system again and again. Since initiating the agreement, the Owasso court system has conducted trials for a total of seven juvenile offenders. In conversations with the Police Chief, City Judge, Municipal Judge, Court Clerk and City Attorney, it is apparent that all of the involved parties agree that the program is tworthwhile and should be continued. Initially, there had been a concern relating to the potential cost of the program. While those concerns are still present and should be considered, the program to this point has not created any unanticipated costs. Even though the Council approved the agreement as recently as five months ago, the Attorney General has ruled that these types of interlocal agreements must be renewed each year. The proposed renewal agreement contains two changes from the original document; 1) extends the 1 agreement to June 30, 1994, and 2) adds "disorderly conduct" to the list of offenses over which the local court now has jurisdiction. The agreement and correspondence from Ms Domin (INCOG) are attached for your review. TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY ' CITY MANAGER SUBJECT: REQUEST TO RENEW JUVENILE JURISDICTION AGREEMENT ' BETWEEN CITY OF OWASSO AND OKLAHOMA DISTRICT COURT SERVING TULSA COUNTY ' DATE: July 16, 1993 IBACKGROUND: On February 16, 1993, the Council authorized the Owasso Municipal Court to enter into an agreement with the Tulsa County District Court for the purpose of allowing the municipal court to assume jurisdiction over certain juvenile misdemeanor offenses. Those offenses covered in the agreement included vandalism, shoplifting, trespassing, assault, assault and battery, battery, truancy, and public intoxication. The purpose of the arrangement is to encourage local communities to provide some form of "early intervention" in an effort to prevent young offenders from reentering the justice system again and again. Since initiating the agreement, the Owasso court system has conducted trials for a total of seven juvenile offenders. In conversations with the Police Chief, City Judge, Municipal Judge, Court Clerk and City Attorney, it is apparent that all of the involved parties agree that the program is tworthwhile and should be continued. Initially, there had been a concern relating to the potential cost of the program. While those concerns are still present and should be considered, the program to this point has not created any unanticipated costs. Even though the Council approved the agreement as recently as five months ago, the Attorney General has ruled that these types of interlocal agreements must be renewed each year. The proposed renewal agreement contains two changes from the original document; 1) extends the 1 agreement to June 30, 1994, and 2) adds "disorderly conduct" to the list of offenses over which the local court now has jurisdiction. The agreement and correspondence from Ms Domin (INCOG) are attached for your review. 1. a MEMORANDUM Juvenile Justice Agreement July 16, 1993 Page 2 RECOMMENDATION: The staff recommends Council approval of the renewal of the Agreement for Municipal Court Jurisdiction of Juveniles, and that the Mayor be authorized to execute such document. ATTACHMENTS: 1. Renewal Agreement y� 2. INCOG Correspondence 3. Memorandum dated February 16, 1993 r 1 1 AGREEMENT FOR MUNICIPAL COURT JURISDICTION CONCERNING JUVENILES This agreement is made by and between the Oklahoma District Court ' serving Tulsa County, otherwise known as Judicial District 14 ' (District Court) and the Municipal Court of the City of (Municipal Court) , under authority of 10 Oklahoma Statutes §1102 E under which municipal courts are authorized to assume jurisdiction of certain specified juvenile misdemeanor offenders, ' pursuant to agreements with the District Courts. ' The express purpose of this agreement is to enable the Municipal ' Court to establish, develop, and implement various prevention or early intervention programs for local juvenile misdemeanor offenders. By ' implementing such a program, the resources available to the District ' Court can be focused more efficiently on more serious juvenile offenders, including felony offenders and juveniles with significant histories of repeat offenses. DURATION This Agreement shall be in effect from July 1, 1993 through June 9 30, 1994. Thereafter this Agreement may be renewed for successive one year periods corresponding with the City's fiscal year of July 1st to June 30th. The Agreement shall terminate automatically on June 30th of each year unless the District Court and the governing body of the City renew the Agreement for another year. If either party desires to ■ terminate the Agreement, the terminating party shall notify the other 1 M party in writing of its desire to terminate by May 1st of the fiscal year preceding termination. Either party may request a modification of the agreement by making a written request identifying the desired amendments, or the subject matter thereof, at least forty -five (45) days in advance of the negotiations concerning such amendment. OBLIGATIONS OF THE CITY: 1) The Municipal Court shall assume jurisdiction of offenders who meet the following criteria: a. Are under eighteen (18) years of age; b. Are not presently under the supervision or treatment of the Tulsa County District Court system and do not have charges pending there; C. Have been charged for violating municipal ordinances relating to Trespassing, Public Intoxication, Vandalism, Shoplifting, Assault, Battery, Assault and Battery, Truancy, Curfew Violation, Possession of Non - Intoxicating Beverages, Possession of Alcoholic Beverages, Disorderly Conduct or other offense listed in 10 O.S. §1102 E; d. Have not been certified as an adult for any purpose pursuant to 10 Oklahoma Statutes §1112, to the best of the City's knowledge. 2) Upon conviction or upon admission to a deferred sentence program, punishment and conditions of probation imposed may include any one or all of the following: a. A fine not to exceed the statutory maximum of the Municipal Court; b. Community service work, not to exceed twenty hours, in lieu of a fine if the product of multiplying the number of hours of community service work by the prevailing minimum wage does not result in a number which exceeds the maximum fine authorized by law; c. Restitution; d. Counseling or other community -based services; and 2 e. Court costs. 3) All municipal arrests and prosecution records for cases involving prosecutions under this contract shall be kept confidential and shall not be open for public inspection except by order of the District Court or in conformity with the statutes or regulations adopted pursuant to 10 O.S. §620.6 and 10 O.S. §1125- 1125.4. 4) If a municipal citation is written to a juvenile meeting the criteria, the Municipal Court hearing date shall be indicated on the citation and notification of the citation shall be mailed to the parents, guardian, or responsible adult relative of the juvenile. If the juvenile is arrested and meets the criteria set forth under the contract, under circumstances where the citation and release procedure would not be appropriate (e.g. intoxication), the City shall make reasonable efforts to locate the parent, guardian, or responsible adult to take custody of the juvenile. 5) The Municipal Court shall provide to the District Court law enforcement reports and related documents for all juveniles referred to the District Court for prosecution and all juveniles who will be prosecuted for misdemeanor criminal offenses in the Municipal Court. Reports regarding juveniles who will not be prosecuted in either court shall not be forwarded to the District Court. It is expressly understood that prosecution in Municipal Court will constitute a bar of double jeopardy against any subsequent prosecution in District Court for the same offense. I I 6) All fines and administrative fees generated as a result of ' prosecution of juveniles under this contract shall be placed ' in one or more special accounts, and used solely to fund local programs which address problems of juvenile crime, ' including without limitation offender counseling, early intervention, community service and teen court programs. 7) The City shall provide the District Court a copy of the most recent audit report of its Municipal Court operations for each year during the life of this contract or any extension ' thereof. It is understood, however, that this Agreement does not impose any additional recordkeeping requirements on municipal governments or officials. ' 8) Representatives of the District Court and Municipal Court shall meet periodically to share information and evaluate ' the success of procedures implemented to prosecute and treat juvenile offenders. BTATUS OF VARIOUB EMPLOYEES No joint employment is created by this agreement for any purpose ' and each party will be solely responsible for the payment of their respective expenses, including, but not limited to, wages, salaries, ' and consideration paid on subcontracts. In the event parties need to discuss specific problems, or in the event any notice required under this contract needs to be served, the City may be contacted through the Office of the 4 ■ jR 1' The District Court may be contacted through the Office of the Chief Juvenile Judge at 315 South Gilcrease Museum Road, Tulsa, Oklahoma, 74127, (918) 596 -5971. Dated this day of . 1993. Chief Juvenile Judge Juvenile Division of the District Court 14th Judicial District Approved as to form and content: District Attorney's Office Approved by City Council of the City of ATTEST: City Clerk (seal) Approved as to form and content: City Attorney's Office 5 Mayor Municipal Judge An Act ENROLLED HOUSE BILL NO. 1135 By: Larason of the House and Henry and Capps of the Senate An Act relating to children; amending 10 O.S. 1991, Section 1102, as last amended by Section Chapter 373, O.S.L. 1992 (10 O.S. Supp. 1992, Section 1102), which relates to assumption of jusiediotion over juveniles by the municipal court; adding to list of crimes which may be handled by the municipal court; and providing effective date BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 2, an SECTION 1. AMENDATORY 10 O.S. 1991, Section 1102, as last amended by Section 2, Chapter 373, O.S.L. 1992 (10 O.S. Supp. 1992, Section 1102), is amended to read as follows: Section 1102. A. Upon the filing of a petition, or upon the assumption of custody pursuant to the provisions of Section 1107 of this title, the district court shall have jurisdiction of any child who is or is alleged to be delinquent, in need of supervision or deprived, who is found within the county; and of the parent, guardian, legal custodian, legal guardian or stepparent of said child, regardless of where the parent, guardian, legal custodian, legal guardian or stepparent is found; and of any other adult person living in the home of such child. When jurisdiction shall have been obtained over a child who is or is alleged to be in need of supervision or a deprived child, such may be retained until the child becomes eighteen (18) years of age and when jurisdiction shall have been obtained over a child who is or is alleged to be a delinquent, jurisdiction may be retained until the child becomes nineteen (19) years of age. For the convenience of the parties and in the interest of justice, a proceeding under this chapter may be transferred to the district court in any other county. B. The district court in which a petition is filed or the district court in which custody has been assumed pursuant to the provisions of Section 1107 of this title may retain jurisdiction of a delinquent child in such proceeding notwithstanding the fact that the child is subject to the jurisdiction of another district court within. the state. Any adjudication and disposition made by the court in which said petition is filed shall control over prior orders in regard to the child. C. The district court in which a petition is filed which alleges that a child is in need of supervision or is deprived can issue any temporary order or grant any interlocutory relief authorized by this chapter notwithstanding the fact that another district court within the state has jurisdiction of the child or has jurisdiction to determine the custody or support of the child. D. If the district court in which a petition is filed pursuant to either subsection B or subsection C of this section sustains the petition, the district court shall have the jurisdiction to make a final determination on the juvenile petition or to transfer the proceedings to a court having prior jurisdiction over the child. Where the other proceeding is pending in the same judicial district in which the juvenile petition is filed, the chief judge of the judicial district shall determine if the proceedings shall be consolidated and, if consolidated, which judge shall try the issues when the judges to whom the cases have been assigned are unable to agree on the procedure that should be followed. E. A municipal court, if authorized by the governing body of the municipality, may enter into an agreement with the district court to assume jurisdiction of cases involving children under eighteen (18) years of age charged with violating municipal ordinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy, curfews, possession of nonintoxicating beverages as defined in Section 161.2 of Title 37 of the Oklahoma Statutes, possession of alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes, di rderl condu t and public intoxication. A child under eighteen ( ) years of age may be charged and prosecuted for violating such a municipal ordinance provided that the maximum fine which may be imposed shall not exceed the maximum fine authorized by law. When assessing punishment, the court also may require appropriate community service work, not to exceed twenty hours, in lieu of a fine if the product of multiplying the number of hours of community service work by the prevailing minimum wage does not result in a number which exceeds the maximum fine authorised by law, or restitution, or both community service work and restitution. In addition, the court may require the child to receive counseling or other community -based services, as necessary. If a child is prosecuted for an offense in a municipal court, the child shall not be prosecuted for the offense in the district court. All municipal arrest and prosecution records for cases involving children under eighteen (18) years of age charged with violating municipal ordinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy, curfews, possession of nonintoxicating beverages as defined In Section 161.2 of Title 37 of the Oklahoma Statutes, possession of alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes, diso�rderl�y conduct or public intoxication shall be kept confidential ana shall not be open to public inspection except by order of the court or as otherwise provided by Sections 1125 through 1125.1 of this title and Section 620.6 of this title. F. Funds generated from fines paid pursuant to an agreement between a municipal court and the district court shall be earmarked and used by the municipality to fund local programs which address problems of juvenile crime. SECTION 2. This act shall become effective September 1, 1993 II A ENS-.' H. B. NO. 1175 f -- --e —2 Y 7 Passed the House of Representatives the 3rd day of Karch, 1993. vv"I S Representatives t H o 7 epresentati tivea Passed the Senate the 30th day of Narch, 1993. / eiae r ent $ of the Senat e OFFICE OF THE GOVERNOR Received by the Governor this 131 day of —211.A cL 19-U, at s3 rao , o'clock M. By: 61-- Approved by the Governor of the State of Oklahoma the day of 191�L, al 5 D % o'clock M. Governor of the Stale of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Secretary of Stale [his ✓ d day of 191�.f at o'clock M. By. II :NR. NO, ..,5 �� 1111-40 - - --4 Page ■3 �� J INCOGa voluntary association of local governments serving creek, osage and tulsa counties 201 west 5th street, suite 600 • tulsa, oklahoma 74103 - 4236.918/584-7526 Fax 918/583 -1024 MEMORANDUM TO: City Administrators FROM: Ann Domin RE: Renewal -- Agreement for Municipal DATE: June 24, 1993 Court Jurisdiction of Juveniles Enclosed is a revised Agreement for Municipal Court Jurisdiction of Juveniles. The original agreement between your city and the Tulsa District Court expires on June 30. The revised agreement contains two changes. First, it extends the agreement until June 30, 1994. Second, on page 2 in #lc of the agreement, disorderly conduct is added and Title 10, Section 1102(E) is referenced after the list 1 of crimes for which municipal courts can assume jurisdiction of a juvenile offender. This language was added because the Oklahoma Legislature has just amended that section of the statutes to add ' disorderly conduct. The change in the agreement will allow your city to handle disorderly conduct offenses or any other crime which may be added by the Legislature in the future. A copy of the legislation adding disorderly conduct is enclosed. Once signed, agreements can be mailed to: ■. Mr. Bill Bledsoe, Director Juvenile Bureau of the District Court 315 S. Gilcrease Museum Road Tulsa, OK 74127 The Juvenile Bureau will obtain signatures from the Juvenile Judge and District Attorney's Office and keep the original for their files. A copy will be mailed back to you. If you would like an original returned, please mail two signed agreements to Mr. Bledsoe. ' Please do not hesitate to call me if you have any questions about the agreement. cc: Bill Bledsoe David Moss 4' L IN 1 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL MEMBERS CITY OF OWASSO FROM: RODNEY J. RAY, CITY MANAGER SUBJECT: REQUEST FOR COUNCIL APPROVAL OF AGREEMENT BETWEEN CITY AND DISTRICT COURT PROVIDING FOR LOCAL COURT JURISDICTION IN CERTAIN JUVENILE MISDEMEANOR OFFENDERS DATE: FEBRUARY 16, 1993 BACKGROUND The 1991 legislative session passed House Bill No. 1761 that amended Title 10, O.S. Section 1102(E). The legislation allowed local municipal courts, if authorized by their City Council, to enter into an agreement with the district court to assume jurisdiction of cases involving children under eighteen (18) years of age who have been charged with violation of municipal ordinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy and public intoxication. Under the enabling legislation, the municipal court may impose fines, community service requirements, restitution to victim(s) or any combination as authorized by law. Additionally, the court may require the child to receive counseling or other community-based services designed for prevention or early intervention impact. The legislation focused on two goals. One of those goals was to allow the local jurisdiction an opportunity to get involved in juvenile cases early with local programs and local, knowledgeable people. The rationale being that local people will have a stronger commitment to solving their own juvenile problems as well as a better knowledge of what solutions best meet the offenders' needs. The second goal of the program is to reduce the district's juvenile court case load so that it can focus on the more serious (felony) juvenile offenders within a reasonable timeframe. The agreement is attached for your review and requires Council approval and the Mayor's signature as well as the signature of the Municipal Judge. This agreement is an opportunity for the municipal court to deal with a misdemeanor juvenile offender quickly and in a manner that will have a positive impact on the youth. It should be noted, however, that there are costs that may be incurred. In approving this agreement, it should be understood that the municipal court must provide each juvenile offender with those same statutory and constitutional protection as does the district court. The right to counsel is one of those statutory guarantees. In cases involving indigent persons (in this case juveniles) wherein the accused cannot financially afford an attorney, the municipal court must appoint and attorney and pay the costs of representation. While that situation is a possibility, the staff projections i , L� JUVENELE COURT JURISDICTION FEBRUARY 16, 1993 PAGE TWO are that it will not occur. This agreement allows local jurisdiction only in misdemeanor cases, wherein, court- appointed counsel generally would not be an issue. Last year, the Owasso police filed 54 juvenile cases in District Court and no one requested public defense. It should also be noted that any revenue derived from fines assessed to juvenile offenders is required to be used for funding local programs which address problems of juvenile crime. Those monies must be in special accounts and will not go to the general fund. Two of the uses being considered for those funds is to employ a part-time Community Service Coordinator with counseling experience, or the establishment of a teen court program. It is not expected, however, that the program will actually produce substantial revenue and it may well be that very little fine money is generated by this program. ICONINIENT 1. This program is strongly supported by the municipal court. The Judge has been involved in our staff discussions since the contract was received. Additionally, the City Attorney and City Prosecutor have been a part of the evaluation team and both are supportive of the program. 2. Because of the juvenile court's caseload, juveniles who violate minor misdemeanor ordinances are often not dealt with until three or four months after the offense. Even then, the sentence usually consists of probation. This kind of "slow" justice gives rise to a feeling that the system can be beaten and often results in additional offenses while the youth is awaiting adjudication of his /her first offense. Hopefully, the agreement will allow city courts to act quickly and effectively in dealing with the offender and therefore mandate that juveniles must be accountable for their actions. 3. Mr. Cates has rendered an opinion relating to the statutory guarantee of legal counsel. That opinion is attached for your review. RECOMMENDATION The staff recommends Council approval of the attached contract between the Owasso Municipal Court and the District Court providing for Municipal Court jurisdiction for certain juvenile offenders as provided for by law and authorization for the Mayor to execute the contract. IATTACHMENT 1. Proposed contract between District Court and Municipal Court ' 2. City Attorney's Opinion j k/council /0201693. CRT an a i X. 918 -582 -7447 Mr. Rodney J. Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma RONALD D. CATES Attomey at Law Suite 680, ParkCentre 525 south Main Tulsa. Oklahoma 74103 74055 February 5, 1993 FAX 918 - 582 -0166 In Re: City Attorney Opinion 93 -2; Agreement for Municipal Court Jurisdiction Concerning Juveniles Dear Mr. Ray: I am corresponding with you for purposes of addressing the issue that we have discussed frequently of late concerning whether or not the City of Owasso, Oklahoma, would be required to appoint counsel for a child found to be without sufficient financial means to retain counsel when such child has been charged in the Municipal Court under authority of the Agreement for Municipal Court Jurisdiction Concerning Juveniles now before the City Council for consideration. I must at the outset advise you that there is a divergence of opinion on the part of citys' attorneys around the state on this point. Such differing views are essentially attributable to disagreement over whether the Sixth and Fourteenth Amendments of the United States Constitution, compel provision of counsel to a child without sufficient financial means to obtain counsel. It is opined that such Constitutional provisions do not mandate provision of counsel for an indigent child unless the child faces the possibility of incarceration or the proceeding itself could result in a termination of the parent /child relationship. Neither of such actions can result in a municipal court prosecution pursuant to the jurisdiction assumed under the Agreement for Municipal Court Jurisdiction Concerning Juveniles. However, I am of the opinion that the foregoing does not end the inquiry concerning the existence of a right to counsel which may have as it's genesis something other than Constitutional mandate. Unfortunately, as is evident from the foregoing, there exists no opinion dealing with this issue from the Supreme Court of the State of Oklahoma or the Court of Criminal Appeals of the State of Oklahoma. Accordingly, resolution of this issue requires ' consideration of pertinent statutory provisions contained within the Oklahoma Juvenile Code, 10 O.S. Section 1101 et seq. t Initially, it should be observed that the proposed Agreement For Municipal Court Jurisdiction Concerning Juveniles arises by Mr. Rodney J. Ray February 5, 1993 Page 2 virtue of enabling legislation now codifed in 10 O.S. Section 1102(e). Such section provides in part as follows, to -wit: A Municipal Court, if authorized by the governing body of the municipality, may enter into an agreement with the District Court to assume jurisdiction of cases involving children under eighteen (18) years of age charged with violating municipal oridinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy, curfews, possession of non - intoxicating beverages as defined in Section 161.2 of Title 37 of the Oklahoma Statutes, possession of alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes, and public intoxication. A child under eighteen (18) years of age may be charged and prosecuted for violating such municipal ordinance provided that the maximum fine which may be imposed shall not exceed the maximum fine authorized by law. ... Such statutory provision, as well as the remaining portions of the enabling legislation codified in this section, provides no express guidance on the procedures or protections to be afforded in the Municipal Courts exercise of this jurisdiction. In the absence of such express legislative direction, the municipality is essentially left to speculate on what was the legislative intent on such point. In that regard, I am of the opinion that the silence on the part of the Leglislature suggests an intent, even if unexpressed, that the procedure to be employed in the Municipal Court when exercising jurisdiction over the juveniles in the delineated offenses, is the procedure and protections heretofore required of the District Court in it's exercise of such jurisdiction. Support for this position may be found in recognition that essentially the enabling legislation, as well as the agreement provided for therein, results in the delegation to the municipality of jurisdiction possessed by the District Court. It is important to note in this regard that the District Court is not divested of jurisdiction in the juvenile offenses but merely authorized by the enabling legislation to, by agreement, delegate same. Reason would suggest that the statutory procedure and protections now required of the District Court would ' likewise be required of the Municipal Court as a delegate to whom has been delegated or commissioned to act on behalf of the District Court in these categories of juvenile offenses. With the foregoing in mind, reference to statutory provisions ' Mr. Rodney J. Ray February 5, 1993 Page 3 of the Juvenile Code of the State of Oklahoma, 10 O.S. Section 1101 et seq, in particular Section 1109 thereof, provides the following, to -wit: A. No information gained by questioning a child nor any evidence subsequently obtained as a result of such information shall be admissible into evidence against the child unless the questioning about any alleged offense by any law enforcement officer or investigative agency, or employee of the court, or the Department is done in the presence of parents, guardian, attorney, or legal custodian of the child. No such questioning shall commence until the child and his parents, or guardian, or other legal custodian have been fully advised of the constitutional and legal right$ of the child, including the right to be represented by counsel at every stage of the proceedings, and the right to have counsel appointed by the court if the parties are without sufficient financial means; provided, however, that no legal aid' or other public or charitable legal service shall make claim for compensation as contemplated herein. It is further provided that where private counsel is appointed in such cases, the court shall set reasonable compensation and order the payment out of the court fund. B. ...If the child is not otherwise represented by counsel, whenever a petition is filed pursuant to the provision of Section 1103 of the title, the court shall appoint a separate attorney, who shall not be a district attorney, for the child regardless of any attempted waiver by the parent or other legal custodian of the child of the right of the child to be represented by counsel. Reference to Section 1103 of Title 10 of the Oklahoma Statutes in particular Section 1103(b), provides the following, to -wit: B. A petition in a juvenile proceeding may be filed by the district attorney or the person who is authorized to make a preliminary inquiry to determine if further action is necessary. The proceeding shall be entitled "In the matter of an alleged (delinquent) (deprived), child or (a child alleged to be in need of supervision) or (a child alleged to be in need of f. ... I I It u u IL I 11r Mr. Rodney J. Ray February 5, 1993 Page 4 treatment) ". The petition shall be verified and may be upon information and belief. It shall set forth (1) with particularity facts which bring the child within the purview of Chanter 51 of this title; (2) the name, age and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian, if there be one; (5) the name and residence of the person or persons having custody or control of the child; (6) the name and residence of the nearest known relative; (7) the relief requested; and (8) the specific federal law, state law or municipal ordinance under which the child is charged, and an endoresment or witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child under Chapter 51 of this title. As may be gleaned from the foregoing, were a child to be dealt with by the District Court in a juvenile proceeding for violation of a federal, state or municipal law, such would result in application of the requirements of 10 O.S. Section 1109(b). Therefore, reason suggests that a proceeding in the Municipal Court pursuant to the Agreement For Municipal Court Jurisdiction Concerning Juveniles for the delineated offenses is in essence one and the same and would allow no less. Accordingly, if one accepts the foregoing as a sound comparison, then one must assume that the statutory dictates above set forth would compel provision of counsel. Based upon the foregoing analysis, I am of the opinion that the municipality must provide counsel for a child charged in the municipal court pursuant to this assumption of jurisdiction if the child is not otherwise represented by counsel and it is found that said child is without sufficient financial means by which to obtain counsel. Although provision of counsel to a child without sufficient financial means to obtain counsel may not, under existing United States Supreme Court pronouncements, be mandated by the Sixth and Fourteenth Amendments to the United States Constitution, I nevertheless am of the opinion that it is under the statutes of the State of Oklahoma. Accordingly, it is my recommendation to the City of Owasso, Oklahoma, that if the City is desirous of entering into the agreement for Municipal Court Jurisdiction Concerning Juveniles, then a procedure should be designed to assure provision of counsel to a child charged in the r i i Mr. Rodney J. Ray February 5, 1993 Page 5 Municipal Court, pursuant to the assumed jurisdiction when such child is found without sufficient financial means to obtain private counsel. I hope the foregoing meets with Yyo r n ds at this time. Should you have any questions or commeno erning same, please do not hesitate to contact me. RDC /nhc cerely, Ronald D. Cates City Attorney n MMORANI)UM I TO: RODNEY J. RAY ' CITY MANAGER FROM: ROHN MUNN, ENGINEERING TECHNICIAN SUBJECT: AWARDING CONTRACT TO APAC FOR IMPROVEMENTS TO THE i SPORTS /PARK ENTRANCE ROAD IDATE: July 14,1993 IBACKGROUND: ' On May 18,1993, the City Council approved the request by staff to begin the process of soliciting bids for installing asphalt on the entrance road to the Owasso SportsPark. 1 On June 10, 1993, the City held a bid opening for the above stated project. The results of the bidding are as follows: 1 BIDDER AMOUNT A & A Asphalt $ 46,500 C & C Asphalt $ 44,760 Miser Asphalt $ 39,435 Gunco Constr. $ 39,200 Empire Const. $ 38,300 APAC $ 33,137.50 The staff completed the review of the bids and APAC has the low bid. The specifications for the above stated project called for a 4" asphaltic concrete Type "A" for the entire length of the entrance road from 116th Street North, southerly to the entrance ' of the parking area. Only 26 feet will be paved leaving the remainder to do at a later date. It was decided to request the westerly portion be done first in order to protect the washing out of the roadway during heavy rains, and to save up front costs. Using the Type "A" asphaltic concrete will allow traffic flow and at the same time cut down on the significant dust problem that presently exist. Once the entire entrance road has the initial base of Type "A ", the City can come back and provide the final wearing surface of 1 possibly 2" or more of a Type "C" or "B" asphaltic concrete. It is anticipated that the project schedule would be as follows: * Go to City Council for award on 7 -20 -93 * Award the contract on 7 -21 -93 * Begin construction on 7 -26-93 * Estimated construction completed on 8 -01 -93 The above schedule does not reflect any delays due to weather or other factors. FUNDING SOURCE: Since the City Council has adopted the FY 1993 -94 Capital Improvements Program and included the funding recommendations in this years budget, there is allocated $120,000 for Phase II of the SportsPark improvements. Of the $120,000, $33,137.50 will be needed for asphalting of the entrance road. The remaining $86,862.50 will be used for constructing a softball four -plex and providing lights for two of the softball fields. RECOMMENDATION: The staff recommends approval of a contract in the amount of $33,137.50 with APAC, Inc., Tulsa, Oklahoma for the purpose of preparing the base overlaying and shoulder protection of the SportsPark entrance road. I I I I I � I � I � J�1��NP TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY COUNCIL FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO ACCEPT DEEDS FROM HAYWARD AND BETTY a SMITH IDATE: July 16, 1993 BACKGROUND: On February 16, 1993, the City Council authorized the staff to initiate all necessary documents and negotiations to finalize the acquisition of property for the location of a fire station facility. ' Subsequently, on April 20, 1993, the Council approved a purchase contract between the City and Hayward & Betty Smith for the purchase of property at a cost of $5200. At that time, the staff was directed to "close" the purchase as soon as possible and to procure title insurance prior to the beginning of construction. On July 2, 1993, after Mr Cates had rendered a title opinion (see attached), the deeds to the property were executed by Hayward and Betty Smith in return for payment of $5200. These deeds must now be filed and Mr Cates has requested official acceptance of them prior to such action. The two deeds (one a "warranty deed" for 1.359 acres and the second a "Quit Claim ' deed" for .47 acres) are attached for your review. They have been reviewed by the staff for accurate property description and by Mr Cates as to proper form. Generally, the final ' acceptance is a formality to ensure you are aware that the property was purchased and proper deeds were received. If you have questions, please call Mr Cates or me. RECOMMENDATION: The staff recommends Council acceptance of the two deeds and that the Mayor be authorized to execute such acceptance upon the documents. ATTACHMENTS: 1. General Warranty deed for 1.359 acres 2. Quit Claim Deed for .47 acres 3. Title opinion by Mr Cates �\ 93 Oh511`1� 55119 0815 City Clerk City of Owasso General Warranty Deed 207 South Cedar Owasso, OK 74055 THIS INDENTURE, Made this _At,4,_ day of July, 1993 between Hayward Smith and Betty Jane Smith, husband and wife, parties of the first part, and the City of Owasso, Oklahoma, parties of the second part. WITNESSETH: That in consideration of the sum of Ten & no /100 Dollars and other good and valuable considerations, receipt of which is hereby acknowledged, said parties of the first part do by these presents grant, bargain, sell and convey unto parties of the second part, and its successor and assigns, the following described real estate situated in Tulsa County, State of Oklahoma, to -wit: The West 185 feet of the South 320.14 feet of thet+}� Northwest Quarter of the Southwest Quarter (NW /4 SW /4) of Section. 20, T -21 -N, R -14 -E, the West 50 feet thereof being subject to Roadway R /W, containing 1.359 acres, more or less TO HAVE AND TO HOLD the same together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining forever. AND said Hayward Smith and Betty Jane Smith, their heirs, successors, grantees, executors, and administrators, do hereby covenant and agree to and with said parties of the second part that, at the delivery of these presents, they are lawfully seized of an absolute and indefeasible estate of inheritance in fee simple, of and in, all and singular, the above granted and described premises, with appurtenances; that the same are free, clear and discharged and unencumbered of and from all former and other grants, titles, charges, judgements, estates, taxes, assessments and encumbrances of whatsoever nature and kind, EXCEPT: Easements, building restrictions of record and special assessments not yet due; and that parties grantor will WARRANT AND FOREVER DEFEND the same unto said parties of the second part, their heirs, successors and assigns against said parties of the first part, their heirs, successors and assigns, and all and every person or persons whomsoever lawfully claiming, or to claim the same.. IN.-WITNESS WHEREOF, parties of the first part have executed or cause to be executed, this instrument the day and year first above writt n. Haywar mith Betty Jar} Smith OKJ AHOMA Documtau Tax _TAX_ COINIItIfSIDO +\ i� STATE OF OKLAHOMA n . C 0- O 6 0 ss. s } JUL-r$3 . COUNTY OF TULSA o I�PdJ118WW10LLellll1117 Before me, the undersigned, a Notary Public, in and for said County and State, on this A`xd day of July, 1993, personally appeared Hayward Smith and Betty Jane Smith, to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. }vign under my hand and seal of office the day and year above w r 'At%n� 0 Notary Public >• .1�I•y' co mistlon expires: .3 -9q- 5519 0816 Accepted this 20th day of July, 1993 by the City of Owasso. ATTEST: Marcia Boutwell, City Clerk Bob Randolph, Mayor cd`� ^Oil Ji f Y. ii♦�•t .��h Oz � ocnc� SD N vD� rc�o -ivy �o�c � c ?xn J�CD 3 cd`� ^Oil Ji f Y. ii♦�•t .��h 93 511'8 5519 0817 City Clerk City of Owasso QUIT�IAII�I DEED Tulsa, South Cedar Tulsa, OK 74055 THIS INDENTURE, made this d'kd- day of July, 1993, between Hayward Smith and Betty Jane Smith, husband and wife of Tulsa County, State of Oklahoma, party of the first part, and The City of Owasso, Oklahoma, party of the second part. WITNFSSEPH, That said party of the first part, in consideration of the sum of One Dollar ($1.00) to them duly paid, the receipt of which is hereby acknowledged, does hereby quit - claim, grant, bargain, sell and convey unto the said party of the second part, and to its heirs and assigns forever, all their right, title, interest and estate, both at law and in equity, of, in and to, the following described real estate, situated in the County of Tulsa, State of Oklahoma, to -wit: A strip, piece or parcel of land lying in part of the MA, SY14 of Section 20, T- 21 -N,. R -14 -E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: ' Beginning at the point where the present Fast right - of-way line of Old U.S. Highway No. 169 intersects the South line of said NW!,-, SW4 a distance of 185.00 feet Fast of the SW corner of said NW4 sW;, , thence North along said right - of-way line a distance of 320.14 feet to a point on the present West right -of -way line of New U.S. Highway No. 169, thence N 88 047133" E a distance of 131.89 feet, thence Southwesterly on a curve to the left having a radius of 5230.51 feet ' a distance of 346.31 feet to point of beginning. Containing 0.47 acres, more or less. Together with all and singular the hereditaments and appurtenances ' belonging, TO HAVE AND TO HOLD the above granted premises unto the said party of the second part his heirs and assigns forever. In Witness Whereof, The said party of the first part have hereunto set ' their hands the day and year above written. /J M OKLAHOMA Dow�entary Ha smith ' qq Tax _JAI. er COMMSsi ,•.titi ,r ' 2v ,o JUL 2'93 0 2. 2 5 ' Betty Jane Smith SPATE OF OKLAHOMA l } Ss. COUNTY OF TULSA J Before me, the undersigned, a Notary Public, in and for said County and State, on this a-A4 day of July, 1993, personally appeared Hayward Smith and Betty Jane Smith, to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I hereunto set my official signature and affixed my notarial seal the day and year last above written. "' -'r- U Notary Public ssib .mpires: V 5519 0818 Accepted this 20th day of July, 1993 by the City of Owasso. Bob Randolph, Mayor ' ATTEST: ' Marcia Boutwell, City Clerk Ox C]O c—I JzD .. (...f . 1 44 X 1 918 -582 -7447 Mr. Rodney Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma RONALD D. CATES Attomey at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 74055 July 2, 1993 FAX 918 - 582 -0166 Re: TITLE OPINION - The West One Hundred Eighty -Five (185) Feet of the South Three Hundred Twenty and Fourteen Hundredths (320.14) feet of the Northwest Quarter of the Southwest Quarter (NW /4 SW /4) of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof. -AND- A tract of land lying in part of the Northwest Quarter of the Southwest Quarter (NW /4 SW /4) of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof, being more particularly described as follows, to -wit: BEGINNING at the point where the present East Right -of- Way line of Old U.S. Highway No. 169 intersects the South line of said NW /4 SW /4 a distance of 185 Feet East of the Southwest corner of said NW /4 SW /4; thence North along said Right -of -Way line a distance of 320.14 feet to a point on the present West Right -of -Way line of New U.S. Highway No. 169; thence East a distance of 131.89 feet; thence Southwesterly on a curve to the left having a radius of 5230.51 feet a distance of 348.31 feet to the Point of Beginning. Dear Mr. Ray: I have examined Abstract of Title certified from Sovereignty unto the 27th day of May, 1993 at 7:00 a.m. covering sheets G -001 to G -149 certified by Guaiant.y Abstract Company under Certificate Number 655538; covering the above described property. From my examination of the documents contained in said ' Mr. Rodney Ray July 2, 1993 Page 2 1 Abstract of Title, it is my opinion that in accordance with the Title Standards of the Oklahoma Bar Association., and the Marketable ' Record Title Act of the State of Oklahoma, Owners in Fee Simple Title to the above described property are ' HAYWARD SMITH AND BETTY SMITH, also known as BETTY JANE SMITH, by virtue of a Partial Abandonment of Right -of -Way in a Case of Condemnation dated the 14th day of October, 1992, from the Department of Transportation of the State of Oklahoma, Grantor, with Hayward and Betty Jane Smith being abutting property owners to whom the abandoned easement reverted to by operation of law, such Partial Abandonment of Right -of -Way in a Case of Condemnation being recorded on the 22nd day of October of 1992, with the County Clerk of Tulsa County, Oklahoma, record at Book 5446, Page 1116 and ' by virtue of Quit Claim Deed from the Department of Transportation of the State of Oklahoma as Grantor and Hayward or Betty Jane Smith as Grantees, such Quit Claim Deed being dated the 20th day of November, 1992, and filed of record on the 23rd day of November, ' 1992, recorded in Book 5455, Page 931 of the records of the County Clerk of Tulsa County, Oklahoma. ' REQUIREMENT: Buyer should obtain a duly executed and acknowl- edged General Warranty Deed from Hayward Smith and Betty Jane Smith. After purchase and placement thereon of the proper amount ' of Revenue Stamps, to -wit: $ .75 per $500.00 consideration, such General Warranty Deed should be recorded in the Land Records of the County Clerk of Tulsa County, State of Oklahoma. 'I. The Partial Abandonment of Right -of -Way in a Case of Condemnation above referred to has been omitted from the Abstract by the Abstractor. ' REOUIREMENT: The Abstractor should be required to place such Partial Abandonment of Right -of -Way in a Case of Condemnation within the Abstract. 2. Appearing at page 149 of the Abstract of Title is the ' Abstractor's Certification as to Ad Valorem Taxes. The Abstractor indicates there are no unpaid personal or intangible taxes against any of the parties certified to in the certificate to this Abstract which are a lien on said real estate except 1991 personal taxes ' (item number 91- 02- 4194600 -46 -1; and 91 -02- 4194590- 01 -05) against Betty Smith which are now delinquent. ' REQUIREMENT: None. I have satisfied myself from consultation with Counsel for the Grantors herein, Mr. Jim McKinney, that based upon his examination and discussion with the County Treasurer's Office of Tulsa County, Oklahoma, the Betty Smith referred to above is not one and the same as the Betty Jane Smith, Grantor herein. Mr. Rodney Ray July 2, 1993 Page 3 This Opinion is further limited as e ;ress d in Schedule A, which is attached hereto and by this refe en-made a part of this Opinion. Vqe ,Y truly yours onald D. Cates RDC /nhc Attachment ow93to.001 ' SCHEDULE A TO TITLE OPINION July 2, 1993 ' RE: TITLE OPINION - The West One Hundred Eighty -Five (185) Feet of the South Three Hundred Twenty and Fourteen Hundredths (320.14) feet of the Northwest Quarter of the ' Southwest Quarter (NW /4 SW /4) of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of ' Oklahoma, according to the United States Government Survey thereof. ' -AND - A tract of land lying in part of the Northwest Quarter of the Southwest Quarter (NW /4 SW /4) of Section Twenty ' (20), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government ' Survey thereof, being more particularly described as follows, to -wit: BEGINNING at the point where the present East Right-of- Way line of Old U.S. Highway No. 169 intersects the South line of said NW /4 SW /4 a distance of 185 Feet East of the Southwest corner of said NW /4 SW /4; thence North along ' said Right -of -Way line a distance of 320.14 feet to a point on the present West Right -of -Way line of New U.S. Highway No. 169; thence East a distance of 131.89 feet; ' thence Southwesterly on a curve to the left having a radius of 5230.51 feet a distance of 348.31 feet to the Point of Beginning. 1 TAXES AND SPECIAL ASSESSMENTS. TAXES: Ad valorem taxes are paid or extinguished for 1992 and all previous years. Ad valorem taxes for 1993 should be prorated when same become due. REQUIREMENT: None - Advisory Only. A. MECHANICS' AND MATERIALMEN'S LIENS. There are no liens for materials furnished or work performed on the referenced property shown in the Abstract. However, Oklahoma law permits the filing of mechanics ' or materialmen's liens within eight months after labor has been performed and /or materials furnished and the ' priority of such liens is established as of the date such labor was first performed and /or material was first furnished. Thus, it is possible that such liens could have accrued recently and are not ' yet recorded. REQUIREMENT: Satisfy yourself by inspection of the property and inquiry that there are no unpaid bills for material furnished or work performed on the premises. You should be furnished an Affidavit from the Owner, stating that all bills for labor and materials have been paid in full. B. ZONING. The referenced property is subject to the zoning ordinances of the City of Owasso, Oklahoma. REQUIREMENT: Satisfy yourself that the present use of the referenced property complies with current zoning ordinances, if any. If you intend to change the use of the property or intend to construct additional improvements thereon, you should investigate the applicable ordinances to determine if they will interfere with your proposed use of improvement of the referenced property. C. BOUNDARIES AND ENCROACHMENTS. The exact boundaries, location of easements, and setbacks of the subject property and possible encroachments thereon cannot be determined from examination of the Abstract. REQUIREMENT: The premises should be surveyed by a competent surveyor, and a plat of such survey, showing the boundary lines, easements, setbacks and the location of improvements should be submitted, or a previous survey should be recertified. The survey should reflect that the buildings do not encroach upon any of the easements, setbacks, building lines or property lines. Be satisfied that you know the exact boundaries of the subject property and that all buildings, fences, driveways and other improvements are located within the boundaries of the property. The survey should also reflect that no improvements of adjacent properties are encroaching upon the subject property. D. RIGHTS OF PERSONS IN POSSESSION. Possible claims of persons occupying or using the subject property cannot be determined from examination of the Abstract. Nevertheless, your purchase of the referenced property may be subject to such persons' rights, if any. REQUIREMENT: Satisfy yourself by inspection and inquiry that no persons other than the record owner occupy, use or claim possession of the referenced property adverse to the record owner. E. UNIFORM COMMERCIAL CODE RECORDS. Instruments filed pursuant to the Uniform Commercial Code are not generally included in an Abstract. If, as a part of your contemplated transaction, you are to acquire title to items of personal property (wall -to- wall carpet, window unit air - conditioner, etc.) located upon the subject property, you should satisfy yourself that there are no instruments filed pursuant to the Uniform Commercial Code, which indicate that third parties are claiming a lien upon such personal property. REQUIREMENT: Certificates from the County Clerk in which the 10 0 1 property is located should be obtained, showing that there are no instruments filed pursuant to the uniform Commercial Code against the owner of the property, which might indicate a lien upon any personal property which you are to acquire in this transaction. F. MENTAL HEALTH RECORDS FRAUD AND FORGED INSTRUMENTS. An examination of the recorded documents neither reveals the mental capacities of the parties at the time the various instru- ments effecting the title were executed, nor that the signatures were not obtained by duress, fraud or forged by impostors. Further, an examination of the Abstract does not disclose proper delivery and acceptance of the various documents, which, in many ' cases, is required for effect. Therefore, this Title Opinion does not protect you from possible challenges to the title, arising from any of the above causes. r REQUIREMENTS: We make no requirement in this area, other than to inform you that there are insurance companies registered in the State of Oklahoma engaged in the business of writing title insurance policies to cover such risks which exist in any title and such coverage would be available on this property. ' G. SUBSEQUENT EVENTS. This Opinion is subject to instruments filed of record subsequent to the date and time of last abstracter's certificate described above. ' REQUIREMENT: A final search of all applicable records should be made at or immediately prior to closing. ' THIS OPINION DOES NOT ADDRESS ENVIRONMENTAL HAZARDOUS WASTE REQUIREMENTS, RESTRICTIONS OR ISSUES. YOU MUST MAKE YOUR OWN ' INDEPENDENT EVALUATION OF ANY LIABILITY RESULTING THEREFROM. II. ow93to.001 u It MEMoxarmuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY ' CITY MANAGER SUBJECT: REQUEST FOR APPOINTMENT OF CITY CLERK DATE: July 16, 1993 IBACKGROUND: ' In January of 1993, the City Council directed the City Manager to review the duties and responsibilities of the City Clerk and report the conclusions of that review to the Council within six months. The Council also appointed an interim City Clerk to serve through June 30, 1993. ' In March the City Manager reported than an initial review of the statutory, constitutional, and charter duties of the Clerk had been reviewed and that those duties were limited in specifics. ' However, the review indicated that over the years the Council had given substantial duties to the Clerk by ordinance. Interestingly, the majority of those duties were no longer being performed by the Clerk and had been assumed by various other city personnel. The report of the committee concluded that the City Clerk's job, at one time, had significant responsibility due to the fact that there were few full time administrative employees who had any authority; thus the Clerk was a natural person upon whom such duties could be placed. However, after the city began to grow, the Clerk's duties were slowly moved to other departments that were better equipped to deal with specific job task related to their area of service. Unfortunately, as those reassignments were made, they were not documented and institutionalized by ordinance or ' amendments to the code; thus there remain various tasks "on the books" that appear to be the Clerk's responsibility, but in fact are performed by others. ' The committee therefore concluded that the Clerk's position was one of a general clerical nature that, while responsible for certain vital record keeping functions, did not require of a full time position. The consensus was that the position could easily be shared by another staff member twith many of the duties "farmed out" to other departments currently dealing with similar issues. The appointment of Ms Boutwell as Clerk was an attempt to test that conclusion over a period of six months. The experiment provided validation of the theory in that Ms Boutwell has, since January, acted in a dual role of either Administrative Assistant to the Community Development Director or Administrative Assistant to the City Manager, while also serving as City Clerk. w MEMORANDUM Appointment of City Clerk July 16, 1993 I Page 2 serving as City Clerk. Notably, during that time, she has also corrected critical record problems and streamlined several processes of the Clerk's duties. With the knowledge that the experiment was a success and that the City did not need a $30,000 ' position to administer the duties of the office, a further evaluation of how the Clerk fit into the organization was conducted prior to the development of a 93 -94 budget. During that evaluation, it became apparent that the City Council had an opportunity to institute a long -term cost savings and simultaneously achieve a philosophical goal that I have supported for some years. That goal is to provide some measure of direct input into the employment of a City Treasurer by the City Council. Traditionally, city charters and state statutory forms of local government have given the City Council the responsibility of hiring a City Treasurer. The reasoning for such delegation has been that the citizens' elected representatives should have some direct control in determining who is going to handle the City's financial accounting and reporting. For a reason long forgotten, the Owasso City Charter gave that authority to the City Manager, an appointed official. While other cities provide for Council selection of the Treasurer, and City Manager selection of the Clerk, the Owasso charter is exactly opposite. I have always believed that the "power of the purse" must reside in the elected legislative branch of the government. The person responsible for the accounting and fiscal reporting duties must have inherent independence to perform those duties without concern relative to their job security. No function of the staff is more important to the decision - making process that that of the need for trust in the validity of the City's finance reports and data provided to the Council. Without some measure of independence, there should be concern for the integrity of the process. During the staff evaluation of the Clerk's position as it relates to the organization, the direction of my recommendation became obvious. It is my opinion that the best course of action for the City is to appoint the City Treasurer as the City Clerk. The Owasso Charter specifically provides for the appointment of the City Treasurer as City Clerk (Section 2 -6 Owasso City Charter). The drafters of the Charter obviously contemplated the benefits of the City Treasurer and City Clerk being one in the same. In fact, a preponderance of the Clerk's duties prescribed over the years by ordinance are now accomplished by staff members in the finance office. A careful review of the duties of the City Clerk indicates that assignment of those responsibilities to the various departments can, in fact, improve the system by more closely aligning those tasks to the departments that normally work in similar areas. For example, the Community Development Department provides building permits, building inspections and utilities construction inspections. It is only logical that the issuance of contractors' licenses should also be handled by that department. Every one of the various duties of the Clerk can easily be assigned in such a manner. Another clear relationship exists between the City Manager's office ' MEMORANDUM Appointment of City Clerk ' July 16, 1993 Page 3 ' and the conduct of Council meetings. It is clear that the City manager's office should continue to provide the services of a minute clerk for the Council and maintain those minutes for the Clerk/Treasurer. In general, there is no reason for the literal interpretation that the Clerk must I ' physically perform each of the duties listed in the code, only that the task get done and the the Clerk be responsible to see that those tasks are accomplished. RECOMMENDATION: It is the recommendation of the City Manager that the City Treasurer be appointed by the City Council as the Owasso City Clerk. NOTE: It should be noted that the above recommendation is based on a general philosophy that elected officials should have direct input into the employment of the Treasurer. Ms Boutwell has done an excellent job as interim City Clerk and has made significant improvement in the filing and records system. The recommendation above does not have as its basis any dissatisfaction with the work of Ms Boutwell; in fact, just the opposite is true. However, I would prefer that many of the routine clerical duties of the Clerk be removed from Ms Boutwell so she can become more heavily involved in my management functions and duties. Ms Boutwell should be commended for her work during the past six months and the improvement in efficiency she has accomplished. I look forward to having her on a more full time basis as a part of my team working with the Council and staff toward our organizational goals. It should also be noted that the plan of action for the recommendation does not include any salary increased for any employee (including the City Treasurer) for the anticipated assignment of duties formerly accomplished by the City Clerk's office. It is not anticipated that any one person will receive additional heavy assignments.