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Home My WebLink About1993.09.07_City Council AgendaOwasso City Council , September 7, 1993 Page 2 , 6. Consideration and Appropriate Action Relating to the Granting of an Easement to the Owasso Public Golf Authority. ' Mr Ray Attachment #6 r Staff will recommend Council approval of an easement allowing passage of persons and equipment and the placement of utility lines underneath 86th Street North and as described on Exhibit "A" on the attached "Indenture". 7. Consideration and Appropriate Action Relating to the Award of a Contract to Purchase a Chassis and Remount an Existing Ambulance "Box" upon Such Chassis Chief Allen Attachment #7 Staff will recommend Council approval of a contract in the amount of $39,368.00 to First Ambulance Center of Tennessee, for the purchase of a chassis and remount of ambulance "box" as specified in bid documents. 8. Consideration and Appropriate Action Relating to the Purchase of Equipment for Police Vehicles. Chief Smith Attachment #8 The staff will recommend Council approval of the expenditure of $4659.92 for the purchase of emergency Equipment to outfit four police vehicles, from Tuxall Equipment Inc, Tulsa, OK; such equipment to meet standards and specifications contained in published bid documents. 1 Owasso City Council September 7, 1993 Page 3 9. Consideration and Appropriate Action Relating to a Policy Providing for the Removal of Trees from Easements and Adjoining Properties. Mr Ray Mr Cates Attachment #9 Staff will recommend Council adoption of a policy wherein a procedure is established for the removal of trees from easements and private property when damage to utilities is caused by the existence of such tree or shrub. 10. Consideration and Appropriate Action Relating to a Request for the Creation of a Charter Review Committee. Councilor Burris Attachment #10 Councilor Burris has requested that the Council consider the creation of a committee to review the need for changes to the existing Charter. 11. Report from City Manager 12. Report from City Attorney Owasso City Council September 7, 1993 Page 4 13. Unfinished Business 14. New Business 15. Adjournment I ' OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING ' Tuesday, August 17, 1993 ' The Owasso City Council met in regular session on Tuesday, August 17, 1993 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4 :00 p.m. on Friday, August 13, 1993. ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7 :00 p.m. ■ ITEM 2: FLAG SALUTE N The flag salute was led by Mayor Randolph. 0 F 1 A quorum was declared present. ABSENT ITEM 4: REQUEST APPROVAL OF THE MINUTES OF AUGUST 3 1993 REGULAR MEETING. Charles Burris moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0. ITEM 5: REQUEST APPROVAL OF THE CLAIMS John Phillips moved, seconded by Rex Bowen, to approve the following claims as submitted: (1) General Fund $34,151.04; (2) Workers' Compensation Self - Insurance Plan $2,978.36; ITEM 3: ROLL CALL PRESENT Bob Randolph, Mayor John Phillips, Vice Mayor Mary Lou Barnhouse, Councilmember Charles Burris, Councilmember ' Rex Bowen, Councilmember ' STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, Council Clerk 0 F 1 A quorum was declared present. ABSENT ITEM 4: REQUEST APPROVAL OF THE MINUTES OF AUGUST 3 1993 REGULAR MEETING. Charles Burris moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0. ITEM 5: REQUEST APPROVAL OF THE CLAIMS John Phillips moved, seconded by Rex Bowen, to approve the following claims as submitted: (1) General Fund $34,151.04; (2) Workers' Compensation Self - Insurance Plan $2,978.36; Owasso City Council August 3, 1993 , (3) Ambulance Service Fund $552.10; (4) Capital Improvements $61,312.95; (5) Interfund Transfers $3,232.44; (6) City Garage $4,291.18; (7) General Fund Payroll $86,228.80; (8) City Garage Payroll $2,738.23. AYE: Phillips, Bowen, Burris, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE OF MATERIAL TO BE UTILIZED IN THE REPAIR OF ROADS. Because of the rapid deterioration of 129th E Ave between 76th and 86th streets caused by heavy truck traffic from the rock quarry, assistance from the County in repairing the street has been requested. The County agreed to supply the labor and equipment needed to accomplish the repair, with the City purchasing the rock, screenings and asphalt used in the project. Staff requested Council approval of the purchase of materials from companies that have been awarded competitively bid contracts by Tulsa County. Mayor Randolph moved, seconded by Rex Bowen to approve the purchase of road repair materials from Anchor Stone for 1' /2 inch crusher run in an amount not to exceed $10,000, from Cummins Materials for asphalt in an amount not to exceed $30,000, and from Kock Industries for emulsion in an amount not to exceed $800, all from County bid /#148082. AYE: Randolph, Bowen, Burris, Phillips, Barnhouse NAY: None Motion carried 5 -0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ' REQUEST FOR COUNCIL ACTION DECLARING IT'S INTENTION TO REGULATE CABLE TELEVISION IN ACCORDANCE WITH THE AUTHORITY GRANTED BY THE CABLE ACT OF 1992 AND FEDERAL COMMUNICATION COMMISSION REGULATORY PROVISIONS PERTAINING THERETO: AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS RELATING TO SUCH ACTION. The City Attorney has attended training sessions and conducted research relative to the Cable Television Consumer Protection and Competition Act of 1992. Mr Cates recommended that the ' Council declare its intent to provide regulation of cable television as provided by that Act, and that work is begun to establish regulations with respect to rate regulation proceedings. John Phillips moved, seconded by Rex Bowen, that the Council declare its intent to provide regulation 2 Owasso City Council August 3, 1993 of cable television as provided by the Cable Television Consumer Protection and Competition Act of 1992, and that the Mayor be authorized to execute FCC Form 328; and that the Mayor be authorized to execute a notice to cable operator under FCC rules on customer standards. AYE: Phillips, Bowen, Burris, Barnhouse, Randolph ' NAY: None Notion carried 5 -0. ' ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A PURCHASE OF A VEHICLE FOR THE ENGINEERING DIVISION OF THE ' COMMUNITY DEVELOPMENT DEPARTMENT A vehicle to be used by the project inspector was funded in the 1993 -94 budget. This vehicle would also be used on an "as needed" basis by all members of the Engineering Department. Specifications were developed and delivered to nine vendors on July, 30, 1993. Sealed bids were received from three vendors and opened on August 10, 1993. After reviewing the bids, 1 staff recommended purchase of a vehicle from Don Thornton Ford at a cost of $13,482.70. Although this is more than the $13,000 estimated needed for the purchase, staff believes that long -term department goals will not be jeopardized if the additional $482.70 is reallocated from ' another Capital Outlay line item. Charles Burris moved, seconded by Mayor Randolph, to approve the purchase of one 1993 Ford F150 4 -wheel drive pickup from Don Thornton Ford in the amount of $13,482.70, and to authorize the payment for same. AYE: Burris, Randolph, Bowen, Barnhouse, Phillips NAY: None ' Notion carried 5 -0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT BETWEEN THE CITY OF OWASSO AND THE IAFF LOCAL #2789. PROVIDING FOR ITEMS REQUIRING THE APPROPRIATION OF FUNDS AND OTHER CONTRACT TERMS Negotiations, as authorized b the City Council have been concluded with IAFF Lode 27 Y Y � g # 89, op representing the non - probationary firefighters employed by the City of Owasso. An agreement was not reached prior to the beginning of the fiscal year, and negotiations were restarted and finalized during July and August. An agreement has been reached by the negotiators and that agreement has been ratified by the union membership and executed by the president. The total increase in the new contract is 3.46 %. Charles Burris moved, seconded by John Phillips, to approve the proposed contract as negotiated between the parties and to authorize the Mayor to execute the necessary contract documents. I" 3 6 Owasso City Council August 3, 1993 AYE: Burris, Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF A FINAL PLAT OF " OWASSO COMMERCIAL CENTER III ". A "REPLAT" OF A PORTION OF LOT 1. BLOCK 1 OF OWASSO COMMERCIAL CENTER. A Final Plat for the property contained within Owasso Commercial Center III was previously approved by the City Council. This original plat was entitled Owasso Commercial Center II, however, it was never filed with the County and is no longer valid. Since that time Council has given approval to a Final Plat entitled Owasso Commercial Center II, which encompasses a different piece of property. The original Owasso Commercial Center H plat is now being resubmitted under the title of Owasso Commercial Center III, with two minor changes. Charles Burris moved to approve the Final Plat for Owasso Commercial Center III. Motion was seconded by Rex Bowen. AYE: Burris, Bowen, Barnhouse, Phillips, Randolph NAY: None Motion carried 5 -0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE MODIFICATION OF THE FINAL PLAT FOR RAM PLAZA: MORE SPECIFICALLY, A CORRECTION TO THE COVENANTS PLACED THEREUPON AND PREVIOUSLY APPROVED BY THE CITY COUNCIL. The final plat and covenants for Ram Plaza were approved by the City Council on June 15, 1993. The developer is now requesting that three modifications occur: (1) identification of the areas of on -site detention, (2) identification of mutual access easements, and (3) an addition of PUD restrictions to the covenants. John Phillips moved to approve the modifications to the Final Plat for Ram Plaza. Motion seconded by Charles Burris. AYE: Phillips, Burris, Barnhouse, Bowen, Randolph NAY: None Motion carried 5 -0. n W Ir 1 ' Owasso City ouncil Y August 3, 1993 ' ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN AMENDMENT TO THE 1993 -94 BUDGET MORE SPECIFICALLY FOR AN INCREASE TO THE GENERAL FUND ESTIMATE OF REVENUES: AND A SUPPLEMENTAL APPROPRIATION TO THE CAPITAL OUTLAY SECTION OF THE CIVIL DEFENSE DEPARTMENT ' The City has received a grant from the State Office of Civil Emergency Management ement in the amount of $4750 for the repair and renovation of warning sirens. The Council voted to accept ' the grant offer and award a contract to Goddard Enterprises for the purchase and installation of eight "SCH" type receiver /decoders for the upgrade of warning sirens. Council also approved a supplemental appropriation, which was necessary for the City to accept the grant and its ' requirement for matching funds and which would allow all of the remaining sirens to be repaired. Council needs to take action to approve the necessary budget amendments to finalize the project. Staff requested approval of two amendments to the General Fund budget: (1) Approve an increase in the General Fund estimate of revenues by $4750 as a result of the civil �. defense grant; and (2) approve a supplemental appropriation to the Capital Outlay section of the General Fund Civil Defense Department budget by $7630 ($4750 from the grant award and $2890 from General Fund reserves). Mayor Randolph moved, seconded by John Phillips, to approve the two amendments to FY93- ' 94 budget as recommended by staff. AYE: Randolph, Phillips, Burris, Barnhouse, Bowen ■ NAY: None Motion carried 5 -0. ' ITEM 13: REPORT FROM CITY MANAGER ' Mr Ray reported on the status of the traffic signals at 76th St N and U.S. 169, and the street resurfacing programs in conjunction with Tulsa County. ITEM 14: REPORT FROM CITY ATTORNEY No report. 11 ITEM 15: UNFINISHED BUSINESS None. ib ITEM 16: NEW BUSINESS None r 5 0 Owasso City Council ITEM 17: ADJOURNMENT John Phillips moved, seconded by Rex Bowen to adjourn. AYE: Phillips, Bowen, Barnhouse, Burris, Randolph NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:30 p.m. Marcia Boutwell, Council Clerk CI Bob Randolph, Mayor August 3, 1993 ' TJC CAMPUS BOOKSTORE CITY OF OWASSO 940315 ELEK -TEK SUPPLIES GENERAL FUND 940384 ALEXANDER BATTERY 9/03/93 9 :34:33 A/F CLAIMS REPORT APAPVR PAGE: 4 LEGAL NOTICE PO # VENDOR DESCRIPTION AMOUNT 22.53 ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- - ------------ 940525 MANAGERIAL ------------------------------ REIMB PETTY CASH 8.00 940557 AMERICAN PLANNERS ASSOCIA 940115 RODNEY RAY EXPENSE REIMB 318.36 7/93 PLEXAR 940284 BROADWAY CARPET CO REMODEL OFFICE 487.05 940469 DAN THIRION DIRT 285.00 940470 A -1 FENCE REPAIRS /SOFTBALL FIELD 124.00 940525 TREASURER PETTY CASH REIMB PETTY CASH 108.20 940561 AT &T 7/93 LONG DISTANCE 2.50 940562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 55,60 940563 LDCC INC -AT &T 7/93 LONG DISTANCE 7.34 940564 FOODLAND CORP REIMB /EXPENSES 570,20 ' DEPARTMENT TOTAL =___:> 1,958.25 FINANC_.E ------------------------ - - - - -- 940117 CPS BUSINESS, INC. LICENSE FEE'S 217.00 940193 STANFIELD & O`DELL, P.C. FY 92 -93 AUDIT 1,575.00 94055 TREASURER PETTY CASH REIMB PETTY CASH 14.00 DEPARTMENT TOTAL 1.806.00 COMMUNITY DEVELOPMENT ------------------------ - - - - -- 940300 TJC CAMPUS BOOKSTORE BOOK 34.40 940315 ELEK -TEK SUPPLIES 88.88 940384 ALEXANDER BATTERY BATTERIES 66.63 940485 RETHERFORD PUBLICATIONS LEGAL NOTICE 28.19 940498 HORIZON COMMUNICATIONS ANTENNA 22.53 940509 BOCA INTERNATIONAL INC SUPPLIES 45.00 940525 TREASURER PETTY CASH REIMB PETTY CASH 8.00 940557 AMERICAN PLANNERS ASSOCIA DUES 108.00 940562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 27.95 DEPARTMENT TOTAL = = = =) 429.58 MUNICIPAL COURT ------------------------ - - - - -- 940427 CHARLES RAMSEY RETAINER 1,400.00 940028 MICHAEL D. HILSABECK RETAINER 700.00 944562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 23.30 DEPARTMENT TOTAL = = = =) 2,123.30 9/03/93 9:34:33 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 5 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ENGINEERING ------------------------ - - - - -- 940175 MICRO WAREHOUSE DISK DRIVE 75.95 940528 SHERYL DUGGAN REIMBURSEMENT 19.30 DEPARTMENT TOTAL =___> 95.25 GENERAL GOVERNMENT ------------------------ - - - - -- 940090 MEMBER SERVICE LIFE PRE TAX ADM FEES 117.00 940527 940120 US POSTMASTER POSTAGE METER 1,000.00 CONSOLIDATED ELECTRICAL 940477 RETHERFORD PUBLICATIONS SUBSCRIPTION 15.00 SUPPLIES 940481 OFFICE DEPOT CARD PLAN SUPPLIES 55.45 940485 KEVIN BAUGESS REPLACE HELIAX /F.D. 490.00 ' 940514 OML MUNICIPAL ASSURANCE G DEDUCTIBLE 500.00 94055 TREASURER PETTY CASH REIMB PETTY CASH 7.90 940526 TREASURER PETTY CASH DOC MEALS 812.05 ' 940540 TAYLOE PAPER CO SUPPLIES 145.40 940558 PSO 7/93 USE 1.644.85 940559 SOUTHWESTERN BELL TELE. 7/93 NON - PLEXAR 48.08 940550 OKLA NATURAL GAS 7/93 USE 51.74 ' 940561 AT&T 7/93 LONG DISTANCE 5.00 940562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 387.91 940563 LDCC INC_. -AT &T 7/93 LONG DISTANCE 58.49 ' DEPARTMENT TOTAL = = = =J 5.360.87 MAINTENANCE ------------------------ - - - - -- 940525 TREASURER, PETTY CASH REIMB PETTY CASH 17.74 940527 BAILEY EQUIPMENT PARTS 91.27 940530 CONSOLIDATED ELECTRICAL PARTS 90.00 940540 TAYLOE PAPER CO SUPPLIES 133.74 DEPARTMENT TOTAL =___? 332.75 CEMETERY ------------------------ - - - - -- 940288 OWASSO TOP SOIL DIRT 375.00 940418 KIMBALL ACE HARDWARE SUPPLIES 23.38 940558 PSO 7/93 USE 15.99 DEPARTMENT TOTAL =___> 415.37 I CITY OF OWASSO GENERAL FUND ' 9/03/93 9:34:33 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- POLICE SERVICES ------------------------ - - - - -- ' 940031 L.E.T.N. TELEVISED TRAINING 288,00 940499 P 940034 WESTERN BUSINESS PRODUCTS COPIER MAINT /OVERAGE 137.30 ' 940035 940256 HOWARD STAMPER OR ASSOC. OF CHIEFS OF PO RETAINER. CONFERENCE FEE 150.00 TOTAL = = = =:f 1 110.00 940258 MARLAND MANSION LODGING /CONF 79.90 940259 EPSON DIRECT COMPUTER 1423.95 940260 ANI DISTRIBUTION INC. SUPPLIES 80.97 940499 POLICE PETTY CASH REIMB PETTY CASH 98.48 94050E VINES MINI- STORAGE STORAGE RENT 60.00 940540 TAYLOE PAPER CO SUPPLIES 182.48 ' 940558 PSO 7/93 USE 1,184.14 940559 SOUTHWESTERN BELL TELE. 7/93 NON - PLEXAR 48,08 ' 940560 940561 OKLA NATURAL GAS AT &T 7/93 USE 7/93 LONG DISTANCE 87.39 940562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 2.45 259.67 940563 LDCC INC -AT &T 7/93 LONG DISTANCE 177.61 ' DEPARTMENT TOTAL = = = =i 4,220.35 ' ANIMAL CONTROL ------------------------ - - - - -- ' 9 940246 K KETCH -ALL CO SUPPLIES 7 79.L5 940499 P POLICE PETTY CASH REIMB PETTY CASH 2 2.99 940503 S SECURITY BY ROSE, INC. SERVICES 6 60.00 ' D DEPARTMENT T TOTAL = = = =:f 1 142.24 FIRE SERIVCES ------------------------ - - - - -- ' 940185 ACCURATE FIRE EQUIPMENT REFILL EXTINGUISHERS 58.75 940226 HILTON LODGING/CONF 122.00 940328 CARTER CHEVROLET 1993 SUBURBAN 18,899,00 ' 940437 DON THORNTON FORD INC MEDIC REPAIR. 411.30 940438 ACTION PLUMBING SERVICES 48.75 940439 EVE INC. SUPPLIES 82.53 940440 INLAND TRUCK PARTS PARTS 89.38 1 940443 FIRE PETTY CASH REIMB PETTY CASH 172.88 940525 TREASURER PETTY CASH REIMB PETTY CASH 20.00 94052 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 173.44 ' 940563 LDCC INC -AT &T 7/93 LONG DISTANCE 21.33 DEPARTMENT TOTAL =___` - - -- 20.099.36 1 5 1 5 CITY OF OWASSO GENERAL FUND 9/03/93 9:34 :33 A/P CLAIMS REPORT APAPVR PAGE: PO # ---- - - - - -- VENDOR ------------------- DESCRIPTION - - - - -- ------------------- - AMOUNT - - - -- ------- - - - - -- CIVIL DEFENSE ------------------------ - - - - -- 940558 PSO 7/93 USE 940559 SOUTHWESTERN BELL TELE. 7/93 NON - PLEXAR 940562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 940563 LDCC INC -AT &T 7/93 LONG DISTANCE DEPARTMENT TOTAL = = = =) STREETS ------------------------ - - - - -- 940150 EARL BEARD 940156 TIERRA VISTA, INC. 940157 K, & M ENTERPRISES 940158 ARL.EY OWENS 940159 APAC- OKLAHOMA. INC. 940360 WOR.LEYS GREENHOUSE 940.374 CINTAS, CORP. 940418 KIMBALL. ACE HARDWARE 940424 RAINBOW CONCRETE CO 9404-99 HUGHES LUMBER CO 940466 ANCHOR PAINT 440467 GARRETT SIGNS 940555 PSO 940560 OKLA NATURAL GAS 940562 SOUTHWESTERN BELL TELE. DEPARTMENT TOTAL = = = => RECREATION CENTER ------------------------ - - - - -- MOWING /LAKERIDGE DRAINAGE MOWING /EL RIO VISTA MOWING /EL RIO MEDIAN MOWING /ATOP ASPHALT SOD BERM UNIFORM RENT /CLEAN SUPPLIES CONCRETE SUPPLIES PAINT SIGNS 7 /93 USE ?/93 USE 7/93 PLEXAR 940100 PECO ENT DBA MEDICO_ REPLACE GLASS 940525 TREASURER PETTY CASH REIMB PETTY CASH 940558 PSO 7/93 USE 940560 OKLA NATURAL GAS 7/93 USE 94056-2 SOUTHWESTERN BELL TELE. 7/93 PLEXAR DEPARTMENT TOTAL = = = =: SWIMMING POOL ------------------------ - - - - -- 64.10 49.83 27.80 .32 142.05 195.00 120.00 60.00 39.00 461.73 150.00 134.90 124.14 129.00 102.34 255 .7,1 200,00 '764. 59 16.68 51.75 2,804.88 65.50 24 . !8 559,5' 54.31 46.60 750.88 940347 AMERICAN POOL SUPPLY SUPPLIES 41.50 7 I 940040 CELLULAR ONE -TULSA USAGE 26.80 ' CIT`r' OF OWASSO !GENERAL FUND ' 9/03/93 9:34:33 A/P CLAIMS REPORT APAPVR PAGE: PO # ---- - - - - -- VENDOR DESCRIPTION AMOUNT ' ------------------- - - - - -- ------------------- - - - - -- - - - - - -- 940497 AMERICAN POOL SUPPLY SUPPLIES 28.90 940558 PSO 7/93 USE 465.71 ' 940560 OKLA NATURAL GAS 7/93 USE 37.89 940562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 24.55 ' DEPARTMENT TOTAL. ____:� - - - - - -- 968.55 COMMUNITY CENTER ------------------------------ 940122 UNITED ARTISTS CABLE CABLE USE 25.53 940468 ALL COPY SUPPLIES SUPPLIES 105.00 940558 PSO 7/93 USE 1,443.85 940560 OKLA NATURAL GAS 7/93 USE 127.94 ' 940562 94056;.3 SOUTHWESTERN BELL TELE. LDCC INC -AT &T 7/93 PLEXAR 7/91 LONG DISTANCE 60.93 .72 DEPARTMENT TOTAL =___) 11763.97 PARK MAINTENANCE --------------- - 940195 jIM HOBBS MOWING /RAYOLA 495.00 ' 940196 940197 LARRY BUCHANAN WAYNE CARVER MOWING /ATOR MOWING /86TH ST 270.00 157.50 940198 ARLEY OWENS MOWING /ELM CREEK PARK 594.00 940199 AUDREY REEVE CLEAN RESTROOM 150.00 940219 CINTAS CORP. UNIFORM CLEAN /RENTAL 68.50 ' 940369 VERDIGRIS VALLEY SOD FARM SOD 65.00 940386 WAL -MART SUPPLIES 63.81 940387 HUGHES LUMBER CO SUPPLIES 175.11 940388 KIMBALL ACE HARDWARE SUPPLIES 193.64 940389 GRAINGER,W W INC SUPPLIES 122.23 940891 WORLEYS GREENHOUSE SUPPLIES 53.94 ' 940392 GREG'S MOWER SERVICE REPAIRS 350.19 940404 DI -MARL SUPPLIES 184.20 940414 GREG'S MOWER SERVICE WEEDEATERS 849.98 940525 TREASURER PETTY CASH REIMB PETTY CASH 45.86 ' 940555 PSO 7/93 USE 640.45 940560 OKLA NATURAL GAS 7/93 USE 83.67 ' DEPARTMENT TOTAL =___? 41563.08 ECONOMIC DEVELOPMENT ------------------------ - - - - -- 940040 CELLULAR ONE -TULSA USAGE 26.80 9/03/93 9 :34:33 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PACE: 9 PO # ---- - - - - -- VENDOR ------------------- - - - - -- DESCRIPTION ------------------- - - - - AMOUNT -- ------- - - - - -- 940410 WATER PRODUCTS INC SUPPLIES 31160.03 940507 ROTO- ROOTER SERVICES 79.00 940512 SACK & ASSOCIATES, INC. SERVICES 3,900.00 940539 INCOG SERVICES 908.02 940544 SACK €r ASSOCIATES. INC. SERVICES 1,300.00 DEPARTMENT TOTAL = = = =? 9,373.85 FUND TOTAL =___? 57,351.58 CITY OF OWASSO WORKERS" COMP SELF -INS PLAN 9/03/93 9:34 :33 A/P C:LAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT -- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 940170 DAR,RELL EVANS T.T.D. 940406 MULTI CARE HEALTH CENTER CLAIMIMCCORMACK 940407 CENTRAL STATES ORTHOPEDIC CLAIM %EVANS 940460 MULTI CARE HEALTH CENTER CLAIM,'SMITH 940461 NEUROLOGICAL SURGERY INC CLAIM /EVANS 940473 BERKLEY RISK MANAGEMENT SERVICE FEE 940525 TREASURER PETTY CASH REIMB PETTY CASH DEPARTMENT TOTAL FUND TOTAL = == 626.72 43.00 123.80 43.00 66.00 1,556.66 47.00 2,506.18 ?.506.18 1 CIT`i OF OWASSO AMBULANCE SERVICE FUND 9/03/93 9:34:33 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 940357 PACE PRODUCTS OF TULSA IN RENTAL 40.00 DEPARTMENT TOTAL =___% 40.00 FUND TOTAL =___` 40.00 2 CITY OF OWASSO E - 911 9/03!93 9:34:33 ASP CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CENTRAL DISPATCH ------------------------ - - - - -- 940114 SOUTHWESTERN BELL TELE. E -911 1,744.22 DEPARTMENT TOTAL =___> 1,744,22 FUND TOTAL. _ _ _ _ - - - -- 1,744.22 CITY OF OWASSO CAPITAL IMPROVEMENTS 9/03'93 9:34.33 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- * NO DEPARTMENT MASTER FOUND * ------------------------ - - - - -- 940436 APAC - OKLAHOMA INC. SPORTSPARK ENTRANCE 33,012.54 940463 LANDCO CONST EARTHWORK /SPORTSPLEX 950.00 DEPARTMENT TOTAL =___> 321962.54 FUND TOTAL 335962.54 13 CITY OF OWASSO PARK DEVELOPMENT 9/03/93 9 :34:33 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- - - - - -- ------------------- - - - - -- ------- - - - - -- PARKS ------------------------ - - - - -- 940294 KIMBALL ACE HARDWARE SUPPLIES 270.00 940298 AARON FENCE CO PLAYGROUND EQUIPMENT 9082,00 DEPARTMENT TOTAL =___? 9,552.00 - - - -- FUND TOTAL =___> 9,552.00 - -- GRAND TOTAL =___� 233,034,24 14 9/03/93 9 :34:33 CITY OF OWASSO CITY GARAGE A/P CLAIMS REPORT APAPVR PAGE: 12 PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CITY GARAGE ------------------------ - - - - -- 940055 REYNOLDS RADIATOR REPAIR REPAIRS 161.00 940152 'STAR LUBE VEHICLE MAINT 105.36 940301 TULSA BRAKE AND CLUTCH PARTS 46.42 940302 INTERSTATE BATTERY SYSTEM BATTERIES 176.85 940323 ABC TREADCO TIRES 345.42 940373 ZEP MANUFACTURING CO. SUPPLIES 141.36 940374 CINTAS CORP. UNIFORM RENT /CLEAR 277.80 940405 MAXWELL OIL CORP OIL /GREASE 509.80 940417 LARSEN ELECTRONICS, INC. ANTENNA /SUPPLIES 209.88 940418 KIMBALL ACE HARDWARE SUPPLIES 88.90 940420 WILLIAMS REFUSE QUIPMENT PARTS 26:3.86 940422 WAL -MART RADIO 29.84 940423 STANDARD AUTO SUPPLY PARTS 57.88 940425 RON'S WHEEL ALIGNMENT ALIGNMENTS 176.00 940426 MILEAGE MASTERS TIRES 923.75 940427 J & P AUTO REPAIRS 93.25 940447 TULSA FORD NEW HOLLAND, I PARTS 549.84 940448 NAPA AUTO PARTS PARTS 3,154.07 940449 BOWERS OIL CO, FUEL 2,488.93 940471 HANES SHOE & ARCH SHOP SHOES 90.00 940474 A.P.S. PARTS 242.69 940525 TREASURER PETTY CASH REIMB PETTY CASH 19.39 940540 TAYLOE PAPER CO SUPPLIES 80.63 940558 PSO 7/93 USE 239.62, 940560 OKLA NATURAL GAS 7/93 USE 21.29 40562 SOUTHWESTERN BELL TELE. 7/93 PLEXAR 23.30 DEPARTMENT TOTAL =___) 10527.19 FUND TOTAL 10,527.19 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 08121193 DEPARTMENT AMOUNT Finance 4,428.20 %::?; k'?;`) h."% i{; Q%: i> ih}}}}};.}:?•}}}}}:{ n;: x,..;. vx.}}}: i•}} i}%!. n}:• Y.{•;{•%{.;•}%{? r,{?:: v. ?•: ?:x ^ % ? ?.S }:MYA \\t}}}}%lFfrF. ?: i4:•}:?::: n�:}::•::•: 4:• i:?? 4:•}}: �:•}}: i•}: G:•}}:•}: 4:•: 4: 4: Li: •Y }:G:• }:4:r.� }:•:%:• } }'•:}, }': %v: .••.•••••••''•�•: "•• :: �/' �' 4�: tiiyi}:?:: ii:; :55555555555:3i1;Y,.;:;LS5555:: 51155: 5555555: 35555 ;:5;:555;:;:1::55: < 5': }::: }1 '�•••• +�w'a �t3�.�S3:1].�W:\hk��•••tA.%p., }�+"•w'•$:uuiJ:::wi'+•iri+v% 2311% iO :i "xnv'ti4%i)OY%tiititL•.y{�ik: Municipal Court 1,192.60 .fit., •;?:••,+'�{'0,.,�K: k:::: •:.:{ :• {•n'• {$: � }:} { {::. }; y...:;:<i> :: Building Maintenance 0.00 +tAxxw.. ... .:.:. a.Y4Shti 'SttY:J% '::.xti•:x } }::::::}Y }.•: %8 %• {:.::: S.t�. }.•3 .F;;t{;;$ ?: ��f � Central Dispatch 4,36812 ham{ ^}.H':iH.:::.. �t {n•. +v ::• i .{ :.:..,L?i�',+%PS%i?fN+ nv:. •�icej :� ' .u' ' }. '•`.': '.: :. i ,:j {{::::::::: :435:1:5} ?: ?:::'r't::5555: <:;: ��::•.: 5 ::::::::j::j::ii:::: Y.,; r: �;.; ;;,.;�^:,3,:;k;' : :5};{{{,y;xu:: /.y.Via:.r�i:+'?r � :r: -..�t�-;... 3• }�; 3351::;:;: 5;:; 1:;: %;:5:5:555:�::555:3SSSSS;::F };: }:3155.'•:: . ". ?::::::i:3: ��lyy(( :: �.{}: :ji, {Ar {v v ...........:::::::. �:::::::::::::::::::::::::. . avenvfaxv..::txS. . v.. x+.w.taw:.vn. ' tS •hvvr v }%x\xvtmxV3n'Y{:.ttv.:wmsYtitit: Nkm•� �•.kY.sa v "+:}vn nYtu \v}h• W ..vxxenYVrv.Htet+t.nv. Fire 25,919.61 Recreation Center 2,221.15 :. :::.xw::.t:•.v v ?rnK+}}xx },:v}t%; } } }:., }.vv: %,} }:hv, > %A:{ .fit 1:35:31 ^31:;»5::;, }; "; }:3: ?t � ;:::3:355:35551 :21555::;::355555515 ?:3:3:3:3:3:» }:•:•115:3:3: :1: �€anin •5 .... •:: ... :bYYS::Utiv:?•:: ?: •nvw?{C�YY: At'. y : :. .......v. .. y: • Kth- v %SXiLw.dlSfA>'x' %+.ld�d000wY.+.:.s:. iii%:: 2: tiii�: .VAi:•: ui::%: 1: itiLiAi:: L41% is1: Siiii: n ?u%�:'i1:v,:i' {Qj}•�"t':p',t•': " + +� Y}:. 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L :%W:W:.?+•.tw.•:?i<ii? {+'r:?iu :: . ••5:•: Economic Development 0.00 Mayor Council Member Council Member 6 P1 09/07/93 CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 08/21/93 r APPROVED: 09/07/93 1 Mayor Council Member Council Member I I MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR EASEMENT IDATE: September 2, 1993 IBACKGROUND: ' On August 7, 1992, the Owasso Public Golf Authority opened bids for the construction of an "underpass" under 86th Street North. The purpose of the project was to provide a safe route for golf carts from the north portion of the course to that part of the course on the south side of 86th Street. The contract for the project was awarded on August 25, 1992 to T G Excavating and work was begun in September. Due to an oversight, the Authority did not secure an easement from the City in order to allow the use of the street for such an underpass. Normally, such an easement should be acquired prior to any use of public property. The purpose of requiring such prior consent is to provide for a review by the City of the proposed use of the easement and construction plans. The review ■ is to provide City staff with information that will ensure the protection of City facilities. In the case of the underpass, the project was designed by an outside consulting engineer and inspected by our engineering staff during construction. Even though the required easement was not acquired, a review of the proposed project was performed. In order to "clean up" the project, an easement should be granted to the Golf Authority providing for their use of the 86th Street crossing. The necessary documents for such an ' easement have been developed by Mr Cates and Mr Munn and are attached for your review. Please note that the act of granting an easement does not exempt the Authority from requirements to maintain their facilities in a manner consistent with the primary use of the right - of -way as a street. Should the underpass create any structural problems with the street, the OPGA will be required to make necessary repairs and /or changes needed to protect the street. 6 to MEMORANDUM Request for Easement August 30, 1993 Page 2 RECOMMENDATION: The staff recommends Council approval of an easement to the OPGA and that the Mayor be authorized to execute such document. ATTACHMENTS: 1. Easement Documents 1 ' EASEMENT INDENTURE, made the day of 1993 ' between The City of Owasso, an Oklahoma Municipal Corporation, Grantor, and The Owasso Public Golf Authority, an Oklahoma Public Trust, Grantee. WHEREAS, the Grantor is seised of an estate in fee simple of ' a parcel of land described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the Grantee is seised in fee simple of another parcel ' of land near the Grantor's land; and, WHEREAS, the Grantor has agreed, in consideration of the sum of Ten Dollars ($10.00), to grant to Grantee an easement over, under and through the above described land. WITNESSETH, that in pursuance of said agreement and in consideration of the sum of Ten Dollars ($10.00) paid by the ' Grantee to the Grantor, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the Grantee, its assigns and successors in interest an easement in the above described land together with full and free right and liberty to it, it's tenants, servants, visitors, and licensees, in common with all others having ' the like right, at all times hereafter, with or without vehicles of any description, for all purposes connected with the use and enjoyment of the said land of the Grantee, to pass and repass along the said above described land for the purpose of going to and from the said land of Grantee as well as construct, maintain, operate, ' repair and replace thereunder utility lines. TO HAVE AND TO HOLD the easement hereby granted unto the Grantee, its assigns and successors in interest, as appurtenant to the said land of the Grantee. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Bob Randolph, Mayor The City of Owasso, Oklahoma ATTEST: ISherry Bishop, City Clerk ACKNOWLEDGMENT STATE OF OKLAHMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Bob Randolph as Mayor and Sherry Bishop as City Clerk, personally known to me to be such, acknowledged that they executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. Notary Public My Commission Expires: ACCEPTED this day of , 1993, by the Owasso Public Golf Authority, Owasso, Oklahoma. Tom Rikkola, Chairman Owasso Public Golf Authority ATTEST: Marcia Boutwell, Secretary EXHIBIT "A'' LEGAL DESCRIPTION FOR A 75 FOOT WIDE ACCESS EASEMENT FOR THE GOLF TUNNEL A strip of land lying in the Southwest Quarter of Section Nineteen (19), 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, more particularly described as follows: Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, Township Twenty-one (21) North, Range Fourteen (14) East; thence North 88 deg. 55' 45" East along the South line of said Quarter a distance of 665 feet to the POINT -OF- BEGINNING; thence North 01 deg. 04' 15" West along the West line of said easement a distance of 60 feet to the Northwest corner of said easement; thence North 88 deg. 55' 45" East and parallel to the South line of said Quarter a distance of 75 feet to the Northeast corner of said easement; thence South 01 deg. 04' 15" East and parallel to the West line of said easement a distance of 60 feet to the Southeast corner of said easement; thence South 88 deg. 55' 45" West along the South line of said Quarter a distance of 75 feet to the POINT -OF- BEGINNING, containing 4,500 square feet more or less. 1 -AND- A strip of land lying in the Northwest Quarter of Section Thirty (30), 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, more particularly ' described as follows: Commencing at the Northwest Corner of the Northwest Quarter of said Section 30, rTownship Twenty-one (21) North, Range Fourteen (14) East; thence North 88 deg. 55' 45" East along the North line of said Quarter a distance of 665 feet to the POINT -OF- BEGINNING; thence North 88 deg. 55' 45" East along the North Line of said Quarter a distance of 75.00 feet; thence South 01 deg. 04' 15" East along the East Line of said easement a distance of 60.00 feet; thence South 88 deg. 55' 45" West along the South Line of said easement a distance of 75.00 feet; thence North 01 deg. 04' 15" West along the West Line of said easement a distance of 60.00 feet to the POINT -OF- BEGINNING, containing 4,500 square feet more or less. I MEMORANDUM ' TO: RODNEY RAY, CITY MANAGER FROM: BOB ALLEN, FIRE CHIEF SUBJECT: REQUEST TO APPROVE CHASSIS REMOUNT ON MEDIC -ONE DATE: 08/31/93 BACKGROUND: The Ambulance Vehicle and Equipment Committee and I have completed reviewing the bids submitted for chassis remount on medic -one. As the Bid Document indicates, we received bids from four (4) Ambulance Companies. For your review the Ambulance Committee has prepared a detailed report of all bids submitted. ' SUMMARY: First Ambulance Center of Tennessee (FACT) was the only company that complied with all of our chassis remount specifications. Completion time of the chassis remount is a very important factor for us to consider. While medic -one is in the process of being remounted, we will only have one (1) ambulance in service. We are anticipating less than three (3) weeks completion time, because FACT has a chassis in stock. We have notified Rivercity, Collinsville and Skiatook of our situation and they have offered to respond as necessary. Rivercity has offered to place an ambulance in our station for emergency response. During the chassis remount time period we do not anticipate any delays in responding to medical emergencies. ' The Base Bid submitted by FACT was $ 35,928.00. We utilized the same bidding process as with the water tanker. The optional equipment listed in the bid specification is necessary for maintaining our E.M.S. service. The ambulance companies are able to purchase these items at a cost savings. RECOMMENDATION: MI ■ We recommend council approval of a contract in the amount of $ 39,368.00 to First Ambulance Center of Tennessee for the purchase of a chassis remount of ambulance "Box" as specified in bid documents. ATTACHMENTS: Memo from Ambulance Committee 2. Bid Document 3. Bid Specifications MEMORANDUM TO: Chief Allen FROM: Ambulance Vehicle and Equipment Committee Steve Irby, Tracy Tremain, Max Downing SUBJECT: 1993 Chassis remount of 1988 M -I. DATE: August 24, 1993 Chief: We received bid information from four bidders. First Ambulance Center of Tennessee, First Response, Inc., Marque, Inc. and Stratus Specialties Vehicles. Below is a review of the bids information concerning the remount of our ambulance. Ambulance Remounter Requirements Ambulance FACT First Marque Stratus Remount Bidders Inc. Response Inc. Inc. Meets KKK -A- 1822C Certified "Star of Life" OSDH & ODMV licensed Better Business Bureau FORD QVM Certified NTEA & AMD Member INSURANCE Commercial liability Product liability Workman Comp. WARRANTY yes yes yes no yes no yes no , yes no no yes yes yes no no no yes yes yes yes yes ' yes no no yes 45 -60 days yes no no no bidder to meet all our requirements yes no no no ' yes no no no Remount 12 Mth 12,000 mile yes yes no yes Chassis FORD Standard yes yes yes yes Base bid for Type III yes no yes yes Optional equipment pricing yes yes yes yes Completion Time 30 days no no 45 -60 days First Ambulance Center of Tennessee (FACT) was the only bidder to meet all our requirements and specifications in the bid package. FACT came in with the low bid on the remount, and the specified optional equipment list. L� F1 14 vi ' FACT did our last remount which was in 1991, we have had no problems with the unit, or with FACT pertaining to workmanship, ' warranty, and delivery. We have an established working relationship with the personal at FACT and feel comfortable working with them. We have reviewed the optional equipment list and recommend that all the optional equipment be purchased with the remounted Ambulance. Therefore the Ambulance Vehicle and Equipment Committee recommends that First Ambulance Center of Tennessee be awarded the remount and ' optional equipment contract as opened August 4, 1993. FACT bid - Optional Equipment $ 3440.00 FACT bid - Remounted Ambulance $ 35,928.00 ' Total Cost $ 39,368.00 1 n � I � I CITY OF OWASSO 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 (9 18) 272 -2251 BID DOCUMENTATION • Opening Date: 8/4193 ' Council Approval: Item: Ambulance Chassis , Number of Bids: 4 Bids Opened By: Marcia Boutwell ' Witness: Bob Allen ' Witness: Bidders Amount of Bid First Ambulance Center of Tennessee $35,928.00 Alternate 11 $36,978.00 Alternate #2 $34,428.00 Marque, Inc $42,100.00 Stratus Specialties Vehicles $39,750.25 Alternate #1 $40,233.00 First Response, Inc $36,990.00 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: G-n4L'?(Z- (SEAL) Date: �- 41-9.3 F 1 ab a i ■ BE I W P.O. BOX 172 250 THOMPSON STREET SHELBYVILLE, TN 37160 WHERE QUALITY IS FIRST 11 (615) 684 -3033 FAX (615) 685 -0750 TOLL FREE (800) 251 -3166 Please note that we are certified by Ford Motor Company as Qualified Vehicle Modifiers (QVM) and our work is covered by a $3 million product liability insurance policy. In addition we belong to the National Truck Equipment Association (NTEA) and the Better Business Bureau (BBB). We stand behind our customers and are very proud of our customer satisfaction record. If you have any questions, call us TOLL FREE at (800) 251 -3166. We look forward to serving your needs shortly. Sincerely, , egg ('2. Bob Wegner Factory Sales Representative owasso.793 /vdp MANUFACTURERS OF TYPE 1, TYPE 11 AND TYPE III AMBULANCES P.O. BOX 172 250 THOMPSON STREET SHELBYVILLE, TN 37160 August 9, 1993 Bob Allen, Fire Chief City of Owasso 207 South Cedar Owasso, OK 74055 Dear Bob, WHERE QUALITY IS FIRST (615) 684 -3033 FAX (615) 685 -0750 TOLL FREE (800) 251 -3166 Please find copies of the documents you requested in reference to your ambulance remount bid. The "Star of Life" certificate will be placed in the oxygen compartment. If you have any questions please 1(800)251 -3166. We look forward future. Sincerely, r Jasper Moon President Enclosure cc:Bob Wegner owassosl.893 feel free to call us TOLL FREE at to working with you in the near MANUFACTURERS OF TYPE I, TYPE 11 AND TYPE III AMBULANCES r, M MIP u 1b Ii STATE OF OKLAHOMA Certificate of License No. 147 To all whom these presents shall come Greetings: WHEREAS The Oklahoma Motor Vehicle Commission has licensed FIRST AMBULANCE CENTER OF TENN. INC 250 THOMPSON ST. P. O. BOX 172 SHELBYVILLE, TN 37160 Recognized as an authorized MANUFACTURER and is responsible for the management of its personnel as provided by the laws of the State of Oklahoma. In testimony whereof thereunto set my hand and cause to be affixed the seal of the Oklahoma Motor Vehicle Commission. J C)J,— Chairman 1993- 1994 Issued: 07/28/93 CI Expires: 06/30/94 Execut e of ctor P.O. BOX 172 250 THOMPSON STREET SHELBYVILLE, TN 37160 WHERE QUALITY IS FIRST REMOUNT u HICLE LIMITED WARRANTY (6 15) 684 -3033 FAX (615) 685 -0750 TOLL FREE (800) 251 -3166 dorm RE -1 This wattanty is hereby signed by Fitst Ambulance Centet of Tennessee, Inc. Ihetua tatted 'FAC ": to javot :d Name Addtess City State Zip Iheteta tatted the "putcnaset" (.a cennectk with the putchase jtom FACT o6 the vehicle desctibed as Jottows, ouch vehicle being hetetn cattea the 'vehic e` Chablis Seti.al Numbet Yeat Make Modet The above Ve4cfe ZA the completed temounJt ambulance which was otigikatty mounted on the dotlowtng chaeov. Chassis Su at Nuabet Yeat Brand Model I. Subject to the ptovihionb and conditions heteinadtet bet jotth, FACT wattanty that the Vehicte has been tnspectea. to >- teated and equipped a.b aeceaaa)q to be JUL bervicabte condaioa at the time of the Bate, and trt the u ent 'd 4attUte >j tn, vehicle due to workmanship, agteee ac jottows: a. Fot a period of one year beginning 19 of 12,000 miles whichevet oCCUte jttet, FACT will pay 1004 of the parts and tabor tepait bZfts, with the exceptions noted betow, necessaty to keep the Vehicte to betvice-able Condition under noual use, provided that the tepaits ate taken care of in FACT'S chop, taken care od ou ' FACT'S emptoyeea at Patchaaet'b Addteas, of taken care of by an authotited FACT agent who has written petmis toa jtom i FACT to undertake and make the specified tepait. FACT does retain the ti.gkt to decide on what daft ttavet expenses,tj ! appticabfe, ate to be paid and /ot tei.mbutsed. Patte used Zn the tepait ate to be sapptted by FACT. j b. That wattanty becomea putt and Void iJ modijiCati.ons ate made to Vehicte by PuAr -W et, and /ot id LLnauthotitea tepai.tb ate ZaUiated and /ot id damage is due to eotW ionI dice, accident, abuse, misuse, or an act of God. c. That any equipment, matui.ats, of pottion od the ambulance not manadactuted by FACT ate expteA4ty excluded drom th,.s wattanty except Zn the event that Jaitate was caused by Jaulty workmanship by FACT'S V"tattet. Examptes of tht.!. equipment ate chassis, lit conditioning /keatet unit, oxygen outlets, Ugktbats, bulbs, instatted ac essoty items, arty component matetLats that Jail due to their manufactater's defects. This instatted equipment watt catty theft own manujactuter's wattanty. 1. This wattanty is exptessty in ties of any other waAtanties, exptesaed of implied, including any tmptied wattanty od metcharttabUUY of Ji.tness Jot a pattZatat putpose, and any other obligations or Uabititieb on FACT'S pact, and FACT j neither assumes not aahotZzeb any person to assume Jot i,t any other liability in connection with the sate od the Vehicte. 3. This signed wattanty and any tejetenced wattanties must be avaitable with the Vehicte at the t %me od any teoaits of adjabtmen-ts, and Zt is not ttansjettabte of asai.gnabte without written authorization drom FACT. 4. This wattanty Z, not vatid uatuA signed by FACT'b authotited oddicet and by the putchaset, who , to teta,n a copy 5. Purchaser skatt not be entitted to tecovet jtom FACT, its ojdicets, of tts agents any consequeattat lamage-�, .amujL•: to ptopetty, damages Jot toss of ube, cobs of time, loss of ptojtts, of income; of any other tnctdentat damaaLa 6. Bteakdown of conditions to be met: a. Vekicte has not been subjected to u'Aaadting, acgtect, physical damage of cUStomet attetatton. b. Purchaser has used teaaonabte judgement in setectirtg the ptopet vehiCte to match, the type of setutee. C. Vehicle; other than ckwi -4' component patty, E instatted equipment; has not been tepatrea w-.tn. -ut 'A "T' ;et ^.;.soon d. Vehicte has not been atteted, equipment added of removed not abused. 1. Steps to be, taken by the Purchas u: a. FACT iA to be notified by mail, of by phone with a jottowup tettet of any dedea in the Vehicte. b. A cteat exptanation and citeumstances to be given FACT so that judgement of tesponsibititu dot the !eject may oe 4aa�. FACT, By: Putckaset, By: TUte: . VC: Titte: Date: MANUFACTURER OF TYPE I AND TYPE III AMBULANCES MEMoxnrmunz BACKGROUND: As you are aware, the Police Department has purchased four new Police patrol vehicles, which have now been pin - striped and ready for emergency equipment to be installed. Inspection of the emergency equipment on the patrol cars to be replaced with the new units reveal that the ' majority of the equipment in use on the vehicles to be replaced is over 10 years old and in dire need of replacement. Given this information and the fact that we do not care to place old worn out equipment on new Police vehicles, funds were budgeted for this year for the equipment ' replacement. Thus, specifications for the following items of equipment were prepared for solicitation of bids: TO: HONORABLE MAYOR AND CITY COUNCIL A) light bars B) FROM: EDWARD L. SMITH, CHIEF OF POLICE C) SUBJECT: AWARDING OF BID FOR POLICE VEHICLE EMERGENCY EQUIPMENT D) DATE: September 1, 1993 E) Security shields /cages & ' BACKGROUND: As you are aware, the Police Department has purchased four new Police patrol vehicles, which have now been pin - striped and ready for emergency equipment to be installed. Inspection of the emergency equipment on the patrol cars to be replaced with the new units reveal that the ' majority of the equipment in use on the vehicles to be replaced is over 10 years old and in dire need of replacement. Given this information and the fact that we do not care to place old worn out equipment on new Police vehicles, funds were budgeted for this year for the equipment ' replacement. On August 31, 1993 at 3:00 p.m., sealed bids were opened, with the following vendors submitting bids: 1 Thus, specifications for the following items of equipment were prepared for solicitation of bids: A) light bars B) P.A. /sirens C) Light control panels D) Grille speakers E) Security shields /cages & ' F) Communications organizer racks On August 13, 1993, Specifications for emergency equipment were mailed out to the following vendors: Phillips Police Equipment Dee's Uniforms and Equipment T uxall uniforms, Inc. Galls, Inc. On August 31, 1993 at 3:00 p.m., sealed bids were opened, with the following vendors submitting bids: 1 A) Phillips Police Equipment B) Tuxall Uniforms, Inc. An equipment bid submitted by Phillips Police Equipment for four police cars was received in the amount of $5,720.00. An equipment bid submitted by Tuxall Equipment, Inc. for four police cars was received in the amount of $4,659.92. As you can see, Tuxall Equipment Inc. has the lowest and best bid. RECOMMENDATION: The staff recommends that the Council award the bid for the equipment to Tuxall Equipment Inc. ATTACHMENTS: 1) Bid submittals 2) Non - Collusion Bid Affidavit NOTICE TO BIDDERS The City of Owasso, Police Service will receive sealed bids in the Office of the Chief of Police, located at 101 North Main Street, Owasso, Oklahoma, 74055 -3429. POLICE VEHICLE EMERGENCY EQUIPMENT The original and one (1) copy of the bid should be submitted to the Owasso Police Service, Office of the Chief of Police Attention: Chief Edward L. Smith, 101 North Main Street, Owasso, Oklahoma 74055 -3429 on or before 3:00 p.m. August 31st, 1993. The bids will be opened on August 31st, 1993 at 3:00 p.m. in the Office of the Chief of Police. The outside of the bid envelope should be clearly marked with the name of the bidder, the item being bid (Police Vehicle Emergency Equipment), and the date and time of the bid opening. All bids will be reviewed by staff for recommendation. The City of Owasso reserves the right to reject all or part of any bids, to waive any informality in any bid and to accept the bid or bids which seem most advantageous to the City of Owasso, i Oklahoma. r Edward L. Smith Chief of Police SPECIFICATIONS FOR POLICE VEHICLE EMERGENCY EQUIPMENT GENERAL DESCRIPTION The following is a comprehensive list of specifications for the purchase of emergency equipment to be installed in four 1993 Chevrolet Caprice police patrol vehicles owned by the Owasso Police Service. The police Department is located at 101 N. Main Street, Owasso, Oklahoma, 74055 -3429. In general, The Owasso Police Service plans to purchase four (4) lightbars, two (2) siren /P.A. systems, four (4) light control switch panels, four (4) behind the grill speakers, four (4) steel mesh /plexiglass security shields with roll -bars and four (4) sets of adapt -a -rack type radio /communications organizers. GENERAL PROVISIONS 1. Tax Exemption - Purchaser is exempt from payment of all Federal, State, and local taxes in connection with the purchase. Said taxes must not be included in bid prices. The city will provide necessary tax exemption certificates upon request. 2. Pricing - The price submitted in any proposal shall include all costs for labor and materials in the manufacturing and sale of uniforms and leather gear. The price quoted shall remain effective for a period of one year after opening of bids by the city. 3. Bids - The purchaser reserves the right to reject all or part of any bids and to waive any or all technicalities, informalities, or other minor deviations from the bid document. 4. Payment - As with all municipalities in Oklahoma, payment must be approved and signed on a claims list by the proper city authority. Payment shall be made only after complete and acceptable delivery of services in accordance with these specifications. The Owasso City Council meets regularly on the first and third Tuesday of every month. 5. Warranty - A manufacturers warranty shall be supplied to cover any defects with the manufacturer or supplier providing free replacement or refund of the defective item. 1 6. DELIVERY - Delivery of items ordered will be guaranteed within thirty days from the date of the confirmation of the order. Failure of the vendor to deliver items in the specified time frame could result in the order being canceled and the bid being awarded to another vendor. Delivery will be made to the Owasso Police Department. 6. Inspection - An acceptance inspection shall be conducted between the supplier and the city before any delivery can be accepted. The inspection date shall be at the City's convenience. All discrepancies noted during the inspection shall be remedied, at the supplier's expense prior to payment for the emergency equipment specified. 7. Prime Contractor Responsibility - If final delivery of services includes the use of services of another company, the City of Owasso will hold the bidder responsible for those outside services. 8. Proposal Expenses - Expenses for developing the proposal are ' entirely the responsibility of the vendor and shall not be chargeable to the City of Owasso. 9. Prior Information - Any information which may have been released either orally or in writing prior to the issuance of this quote request shall be deemed preliminary in nature and bind neither the City of Owasso or the vendor. 10. Vendor Contract - Any proposal accepted will be incorporated into the contract which the City of Owasso will enter into with the vendor. 11. Proposed Cost - It is not the policy of the City of Owasso to negotiate the price after the vendor is selected. The supplied bid form shall include a total bid price and a list of specifications that can be met. 12. Deviations - Any deviation from the published specifications should be noted on an attached sheet of paper. 13. Contact Person - Questions and clarifications concerning the bid shall be made to Terry L. Laflin (Assistant Chief of Police) at the Owasso Police Department. Appointments shall be made by calling (918) 272 -2244 Monday through Friday 8:00 am to 5:00 pm. a 2 ■ SPECIFICATIONS FOR FEDERAL SIGNAL STREETHAWK (ALL- LIGHT) LIGHTBAR The lightbar desired should be of SHL series, 48 inches in length and should include (at a minimum) the following accessories. DOME COVERS To be red and blue, with the center section being of clear plastic. CENTER ROTATOR Lightbar should include a clear center rotator light which should provide a full 360 degree rotation with a minimum of 95 FPM. OUTER ROTATORS Twin diagonally positioned rotators should be positioned on the outer sides of the lightbar. There should be a minimum of four (4) oversized parabolic reflectors with four (4) 55 watt halogen lamps at 70,000 candle power. TAKEDOWN LIGHTS To be positioned on the outer front of the lightbar with clear plastic lens covers. ALLEY LIGHTS To be positioned on both ends of the lightbar with clear plastic lens covers. FRONT FLASHERS To be positioned on the front center of the lightbar and should have red and blue plastic lens covers. OUTER REAR FLASHERS To be amber in color. CENTER REAR FLASHERS To be red and blue in color. MOUNTING Hook on gutterless type mounting brackets shall be supplied to fit 1993 model Chevrolet Caprice vehicles. WIRING HARNESS Sufficient length harness required for proper installation. WARRANTY A standard manufacturer's warranty is to be provided. 1 1 r Cl I I I I I I � I � I � P OWASSO POLICE SERVICE BID INSTRUCTIONS AND RETURN INSTRUCTIONS: Bids must be filed in a sealed envelope, properly identified as a bid return, at the Owasso Police Service, Office of the Chief of Police, 101 N. Main St., Owasso, Oklahoma, 74055 -3429, no later than 3p.m. August 31, 1993. All bids must be signed and MUST be accompanied by a non - collusion bid affidavit. StreetHawk lightbar bid price $ 570.20 Federal Signal Siren /P.A. bid price $ 183.44 Federal Signal light control switch panel bid price $ 83.39 Behind the Grill speaker bid price $ 171.54 Setina Bodyguard security shield bid price $ 225.89 Adapt -A -Rack type communications organizer bid price - $ 22.24 Total bid price for number of items listed on page one of bid specifications $ 4659.92 VENDOR TUXALL UNIFORM AND EQUIPMENT ADDRESS 1411 Fast Third CIOTY TULSA STATE OKLAHOMA PHONE 918- 582 -8274 ESTIMATED DELIVERY TIME 30 da s ARO C AUTHORIZED SIGNATURE c DATE - U� NAME PRINTED NON - COLLUSION BID AFFIDAVIT STATE OF Oxr.AHOMA ) SS COUNTY OF TULSA ) Ll-'i�A L' pe3os , of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder /contractor has not paid, given or donated to any officer or employee of the City.of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in'the procuring of the award of a contract pursuant to this bid. BIDDER: TUXALL UNIFORM a Signature Subscribed and sworn before me this day of My Commission Expires: NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL 1993. r• t ,t r NOTICE TO BIDDERS rThe City of Owasso, Police Service will receive sealed bids in the Office of the Chief of Police, located at 101 North Main ' Street, Owasso, Oklahoma, 74055 -3429. ' POLICE VEHICLE EMERGENCY EQUIPMENT The original and one (1) copy of the bid should be submitted to the Owasso Police Service, Office of the Chief of Police Attention: Chief Edward L. Smith, 101 North Main Street, Owasso, Oklahoma 74055 -3429 on or before 3:00 p.m. August 31st, 1993. The bids will be opened on August 31st, 1993 at 3:00 p.m. in the Office of the Chief of Police. The outside of the bid ' envelope should be clearly marked with the name of the bidder, the item being bid (Police Vehicle Emergency Equipment), and the date and time of the bid opening. ' All bids will be reviewed by staff for recommendation. The City of Owasso reserves the right to reject all or part of any bids, to waive any informality in any bid and to accept the bid ' or bids which seem most advantageous to the City of Owasso, Oklahoma. IN r r C a' Edward L. Smith Chief of Police SPECIFICATIONS FOR POLICE VEHICLE EMERGENCY EQUIPMENT GENERAL DESCRIPTION The following is a comprehensive list of specifications for the purchase of emergency equipment to be installed in four 1993 Chevrolet Caprice police patrol vehicles owned by the Owasso Police Service. The police Department is located at 101 N. Main Street, Owasso, Oklahoma, 74055 -3429. In general, The Owasso Police Service plans to purchase four (4) lightbars, two (2) siren /P.A. systems, four (4) light control switch panels, four (4) behind the grill speakers, four (4) steel mesh /plexiglass security shields with roll -bars and four (4) sets of adapt -a -rack type radio /communications organizers. GENERAL PROVISIONS 1. Tax Exemption - Purchaser is exempt from payment of all Federal, State, and local taxes in connection with the purchase. Said taxes must not be included in bid prices. The city will provide necessary tax exemption certificates upon request. 2. Pricing - The price submitted in any proposal shall include all costs for labor and materials in the manufacturing and sale of uniforms and leather gear. The price quoted shall remain effective for a period of one year after opening of bids by the city. 3. Bids - The purchaser reserves the right to reject all or part of any bids and to waive any or all technicalities, informalities, or other minor deviations from the bid document. 4. Payment - As with all municipalities in Oklahoma, payment must be approved and signed on a claims list by the proper city authority. Payment shall be made only after complete and acceptable delivery of services in accordance with these specifications. The Owasso City Council meets regularly on the first and third Tuesday of every month. 5. Warranty - A manufacturers warranty shall be supplied to cover any defects with the manufacturer or supplier providing free replacement or refund of the defective item. 1 i FA r N OWASSO POLICE SERVICE BID INSTRUCTIONS AND RETURN INSTRUCTIONS: Bids must be filed in a sealed envelope, properly identified as a bid return, at the Owasso Police Service, Office of the Chief of Police, 101 N. Main St., Owasso, Oklahoma, 74055 -3429, no later than 3p.m. August 31, 1993. All bids must be signed and MUST be accompanied by a non - collusion bid affidavit. 1.9 tbar bid price $9� Siren/P.A. E3 3t--7a bid price Pt-�l- aJ gna 1 light c o n t r o l G o switch panel bid price $ C oP!F3 GS P -q l Behind the Grill speaker /Sr�r bid price $ Setina Bodyguard security shield bid price Adapt -A -Rack type communications organizer bid price Total bid price for number of items listed on page one of bid specifications VENDOR P 1%1 ht pU l iCt ` t ADDRESS G �1 Ap/'1 C I OTY PHONE `Zc cal ESTIMATED DELIVERY TIME Q ` AUTHORIZED SIGNATURE NAME PRINTED � P�le C7 $_ 39T ti $ a (,-0- $ -- E i 1 1 1 1 1 1 STATE OF la_ ) c ) COUNTY OF ) NON - COLLUSION BID AFFIDAVIT SS of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder /contractor has not paid, given or donated to any officer or employee of the City.of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid. I� I BIDDER• Signature Subscribed and sworn before me this -30 day of , 1993. _ ctary_ FubYtic My Comm. Vision Expires: tNOTE: CQMPLETE THIS AFFIDAVIT AND RETMN WITH BID PROPOSAL 1 MEMoxnrmunz TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR COUNCIL POLICY RELATING TO THE REMOVAL OF TREES FROM UTILITY EASEMENTS AND PRIVATE PROPERTY 1 DATE: September 1, 1993 'BACKGROUND: ' For several years the City has experienced problems when the staff proposes to remove trees whose roots, or in some cases, branches have caused damage to City infrastructure. Generally, the City has used a reactive approach to the issue of tree removal by waiting until there is ' damage to utility lines before taking action to remove the offending tree. Therefore, in trying to develop a "proactive" approach to preventative maintenance, the staff needs guidance in the form of a written policy and procedure for the removal of trees that are determined to be ' potentially damaging to public utilities, infrastructure, or rights -of -way. In developing such a policy to recommend to the Council, the staff immediately recognized that ' there were sensitive legal concerns that should be addressed early. In order to recognize those concerns, Mr Cates was requested to work with the team assigned to the project. Mr Cates and the staff have developed a policy and procedures that are consistent with Oklahoma statutes and ' Oklahoma case law. That recommended policy (and procedures) is attached for your review. Additionally, correspondence from Mr Cates has been attached for your review. ' Essentially, the policy is based on the legal opinion that trees whether on easements or on the adjoining private property, belong to the property owner and, given that status, cannot be ' removed without the consent of such owner or, in the absence of consent, without a procedure providing for proper due process. The City has, in the past, considered trees located on utility easements as public property and assumed that it was within the authority of the staff to order ' the removal of those trees when they interfered with utility lines or caused other problems. Obviously, Mr Cates' opinion insofar as dedicated utility easements or rights -of -way are concerned, is to the contrary and necessitates a change in the traditional method of approaching ' the problem. MEMORANDUM Tree Removal Policy September 1, 1993 ' Page 2 The attached policy provides that the City will utilize the nuisance provisions (Section 8 -308) ' of the Code of Ordinances in dealing with the removal of trees. The policy clearly recognizes that trees in utility easements are included and that a procedure for their removal (abatement) ' is established. RECOMMIENDATION: The staff recommends Council approval of the attached policy and procedures for the removal of trees from easements and private property. ATTACHMENTS: 1. Proposed Policy 2. Correspondence from Mr Cates POLICY STATEMENT City of Owasso Owasso, Oklahoma Effective September 8, 1993, the following statement shall be considered as policy of the City of Owasso, Oklahoma: In dealing with trees, either in dedicated public easements or on adjoining land, which intrude into the sanitary or storm water drainage or water distribution systems of the City, it shall be the policy of the City of Owasso to deal with their removal or other remedy in accordance with the nuisance provisions found within Section 8 -308 of the Code of Ordinances of the City of Owasso, Oklahoma. Additionally, there are adopted and attached as "Exhibit A ", procedures for the implementation of this policy. EXHIBIT "A" PROCEDURES FOR REMOVAL OF TREES The following procedures shall be utilized by all departments, divisions, agencies, and authorities of the City of Owasso as a prerequisite to the removal of any tree located either on easements or adjoining private property. Additionally, these procedures shall be used in the event a remedy other than removal is needed to address a problem relating to trees located on easements or adjoining property. 1. Staff shall ascertain that a tree or shrub either on the easement or adjacent thereto is in fact intruding into the sewer lines, storm sewer line, or other utility. This factual determination must involve determining the species of the tree or shrub as well as the root growth propensities of such tree or shrub and establishing that the roots intruding within the system are in fact roots coming from such tree or shrub. 2. Staff shall contact the landowner to apprise the landowner of the condition and request the landowner's permission to allow removal of the tree from the easement or the adjoining property. Such permission shall be documented by use of a Tree Removal License (Form 0- 601). 3. If the landowner refuses to permit the removal of the tree, then the procedures as set forth in Section 8 -308 of the Code of Ordinances of the City of Owasso shall be implemented. At a minimum, such procedure involves formal written notification to the landowner that the condition constitutes the existence of a nuisance as defined by the Ordinances of the City of Owasso, Oklahoma, and further advises that a hearing will be held before the City Council of the City of Owasso, Oklahoma, wherein it would be requested that the City Council of the City of Owasso, Oklahoma, determine that a nuisance does in fact exist and order the abatement of same. In conjunction with the notice of the alleged existence of a nuisance, the landowner must be apprised that in addition to abatement by the municipality, the municipality by a civil action to be maintained in District Court, may recover damages to the utility system caused by the offending tree or shrub roots as well as seek an order for removal of such tree. 4. A public hearing shall then be conducted by the City Council for purposes of determining the following: a. Whether in fact the existence of the condition does constitute a public nuisance; b. Whether such condition is continual in nature; and, C. Whether such should be ordered abated by either the cutting of the roots in the area, or in the case of a continual nuisance, seeking an Order of the District Court for the removal of the tree or shrub. 5. The City Council shall, in conjunction with the conduct of the public hearing, determine whether or not actual damage has been sustained in an amount sufficient to warrant institution of a civil action in District Court for the recovery of damages therefore. RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa. Oklahoma 74103 918 -582 -7447 August 7, 1_993 Mr... Rodney J. Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 FAX 918 -582 -0166 I In Re: Policy and Procedure for Removal Trees from Easements Dear Mr. Ray: In accordance with your written request, I am corresponding for purposes of providing input into the development of a policy ' statement and accompanying procedure for tree removal from utility easements. ' It is submitted that the adoption of any policy, and procedure for implementation of such policy, must, of necessity, be proceeded by an examination of the authority from which the policy is derived. In this respect, the underlying issue presented is the ' municipality's ability to effectuate the removal of trees that are actually on municipally owned utility easements as well as trees that are on adjoining properties, both of which due to their root ' systems cause damage to the utility system within the easement. I have combined both scenarios for purposes of analysis due to my opinion that under the law of the State of Oklahoma, the legal title to the trees or shrubbery is held by the owner of the fee simple title of the real estate upon which the easement burdens or alternatively, which is adjacent to the easement. Consequently, ' the treatment: for both would be the same. It must at the outset be conceded that the authorities are in conflict on the question of the rights that an adjoining owner of ' proper_ty, or interest therein, may have against another because of intrusion of roots from trees which are not poisonous or noxious of their. nature. There are respectable authorities which sustain ' the contention that an adjoining landowner cannot maintain an action against, another because of the intrusion of roots from trees which are not poisonous or noxious in their nature and that the only remedy that the injured party has in such case is to abate the nuisance by cutting the roots of the trees at the boundary line. The weight of authority, however, is to the contrary. In 2 C.J.S., Section 38, Adjoining Landowners it is provided: A landowner who sustains injury by the branches or roots of a tree or plant on ' adjoining land intruding into his domain, regardless of its non - poisonous character, Mr. Rodney Ray August 7, 1993 Page 2 may, without notice if he has not encouraged the maintenance of such conditions, and with notice if he has, cut of the offending branches or roots at the line * * *. There is some authority that the right to cut off the offending branches or roots is the sole remedy, but it is generally held that, when some actual and sensible damage has been sustained, the injured landowner may maintain an action for abatement of the nuisance and for damages, despite a former permissive acquiescence. The Supreme Court of the State of Oklahoma in Mead v. Vincent, 187 P. 2d 994 (1947), has stated that "It is, of course, true as contended that Defendants have the right to plant and grow trees on their premises but they could not exercise that right in such a manner as to invade the rights of plaintiff. As has been well said by the Supreme Court of Mississippi in the case of Buckingham v. Elliott 62 Miss. 296, "The trees and their roots are his; he must so restrain his roots as not to work injury to his neighbor; he can enjoy the full advantage of his trees, as we suppose, without permitting them to damage his neighbor; he is not required to destroy them but to only prevent them on encroaching injuriously upon others. This he is required to do upon the principle embodied in the fundamental maxim, 'so use your own as not to hurt another'." Essentially, the Supreme Court of the State of Oklahoma in Mead v. Vincent, 187 P2d 994 (1947), determined that under the statutory authorities pertaining to nuisance, the law of this state did provide for not only abatement of the condition but in addition thereto, a civil action for the recovery of any damages occasioned by maintenance of the nuisance as well as to enjoin (emphasis our own) it's continuance. 50 O.S. Section 8. In conjunction with the foregoing, it should be recognized that pursuant to the provisions of 50 O.S. Section 16, cities and towns within the State of Oklahoma have the power to determine what shall constitute a nuisance within their respective corporate limits and shall have the power to summarily abate any such nuisance after notice to the owner and an opportunity for the owner to be heard if such can be given. The City of Owasso, Oklahoma, pursuant to Section 8 -301 of the Code of Ordinances of the City of Owasso, Oklahoma, has declared as a nuisance unlawfully doing any act, or omitting to perform a duty, or anything or condition which either "3) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street, or other public property ". (emphasis our own) Code of Ordinances, City of Owasso, 8 -103 (A)(3). 1 ' Mr. Rodney Ray August 7, 1993 ' Page 3 ' Based upon the foregoing, it is my opinion that it should be the policy of the City of Owasso, Oklahoma, in dealing with trees, either in the easement, or on adjoining land, which intrude into the sanitary or storm water drainage systems of the City, to deal with same in accordance with the nuisance provisions found within Section 8 -308 of the Code of Ordinances of the City of Owasso, Oklahoma. Such policy, it is opined, would be reflective of the authority possessed by the municipality, both as a city as well as an owner of an interest in land, in accordance with the law of this State. In regards to the procedure for dealing with intrusive root systems of trees which have penetrated sewer lines causing blockage or damage to those lines I would suggest the following, to -wit: ' 1) Ascertain that a tree or shrub either on the easement or adjacent thereto is in fact intruding into the sewer line. This ' factual determination would involve determining the species of the tree or shrub as well as the root growth propensities of such tree or shrub and establishing that the roots intruding within the ' system are in fact roots coming from such tree or shrub. 2) Contact be made with the landowner to apprise the landowner of the condition and request the landowner's permission to allow removal of the tree from the easement or the adjoining property. In this respect, I have attached hereto a proposed Tree Removal License for utilization in that regard. t3) If the landowner refuses to permit the removal of the tree then the procedures as set forth in Section 8 -308 of the Code of Ordinances of the City of Owasso should be implemented. Essentially, such .involves formal written notification to the landowner that the condition constitutes the existence of a nuisance as defined by the Ordinances of the City of Owasso, Oklahoma, and further advises that a hearing will be held before the City Council of the City of Owasso, Oklahoma, wherein it would be requested that the City Council of the City of Owasso, Oklahoma, determine that a nuisance does in fact exist and order the abatement of same. In conjunction with the notice of the alleged existence of a nuisance, the landowner should be apprised that in addition to abatement by the municipality, the municipality by a civil action to be maintained in District Court, may recover damages to the sewer system caused by the offending tree or shrub roots as well as seek an order for removal of such tree. 4) A public hearing should be conducted by the City Council for purposes of determining the following: a) Whether in fact the existence of the condition does Mr. Rodney Ray August 7, 1993 Page 4 constitute a public nuisance; b) Whether such condition is continual in nature; and, c) Whether such should be ordered abated by either the cutting of the roots in the area, or, in the case of a continual nuisance, seeking an Order of the District Court for the removal of the tree or shrub. 5) Also, in conjunction with the conduct of the public hearing, determination should be made as to whether or not actual damage has been sustained in an amount sufficient to warrant institution of a civil action in District Court for the recovery of damages therefore. I submit the following as the appropriate authority, policy and procedure, under the laws of the State of Oklahoma, for dealing with damage suffered by the sanitary or storm water sewers from intrusion by roots systems from trees or shr s the easement or on adjoining properties. If you have any qu tons or comments concerning the foregoing, please do not h s' ate to contact me. 7 onalrely, d D. Cates City Attorney RDC /nhc ow93gen.ltr 16 IF � I 10 i i It TREE REMOVAL LICENSE The undersigned, owner of the real property located at , City of Owasso, Oklahoma, hereby consents to the removal of r , ( tree or shrub) by agents and officers of the City of Owasso, Oklahoma. Further, by these presents, the undersigned hereby authorizes the City of Owasso, Oklahoma, it's agents, officers or independent contractors, to come upon the above stated real property for purposes of removal of such tree or shrub. The undersigned, hereby releases the City of Owasso, Oklahoma, it's agents, officers and independent contractors from any and all liability which said entity or persons associated therewith, might owe unto the undersigned by reason of removal of the tree or shrub on the aforedescribed premises. ACKNOWLEDGMENT STATE OF OKLAHOMA ) ss. COUNTY OF ) Before me, the undersigned, a Notary Public in and for County, State of Oklahoma, personally appeared____ and , personally known to me to be such, acknowledged that executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: ow93gen.trl Notary Public r, N, • ' 1 1 TO: THE HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO ' FROM: RODNEY J RAY CITY MANAGER SUBJECT: CHARTER REVIEW COMMITTEE / CHARTER AMENDMENT IDATE: September 2, 1993 M BACKGROUND: 'R On Monday, August 30, Councilor Burris requested that an item be added to the September 7th agenda regarding the creation of a Charter Review Committee. Councilor Burris indicated that the Charter is now twenty years old and has not been changed for several years. Thus, the staff placed an item on the agenda to provide for a Council discussion of the issue. Councilor Burris indicated that he thought the most effective method for reviewing the Charter would be through a review committee comprised of five persons. He suggested that it would be helpful if two of the five were members of the City Council. I CHARTER AMENDMENT PROCESS: Article 9, Section 9 -1 of the Owasso City Charter provides for the methods of changing the Charter. Essentially, there are only two methods of initiating a Charter change. The first method is for the City Council to submit proposed changes. In order for the City Council to f submit changes, a majority vote of the Council must be cast during a meeting of that body. The second method of initiating Charter changes is through the initiative petition process as established by the state constitution. If an initiative petition is submitted and certified as meeting the constitutional requirements, then the changes must be presented to the voters for approval or denial. Regardless of the method used to initiate requested changes in the Charter, any such change must be approved by a vote of the qualified electors of the city. If a Charter election is conducted, only a majority vote of those voting is required for passage. In the event a Charter change is approved by the voters, the final step in the process is for the Governor to "approve" the action (requirement of state constitution). s MEMORANDUM Charter Review September 2, 1993 Page 2 COMMENTS: 1. The decision as to whether or not to create a Charter Review Committee is a policy question, therefore, there is no staff recommendation accompanying this memorandum. 2. The staff, including Mr Cates, will be prepared to address questions regarding a Charter change prior to, during, or after the meeting. If you have questions, please call Mr Cates or me. 3. Should the Council wish to initiate Charter changes, the creation of a Charter Review Committee is a viable vehicle for initiating a comprehensive review of that document. However, it should be noted that from a historical perspective, the use of a broad based committee to initiate Charter changes has not been successful. Generally, these groups tend to want to rewrite the entire document rather than focus on the charge they have been given. Additionally, such committees are often placed under strong pressure from special interest groups to react to current problems and use the Charter to achieve success in an area that may be more of an emotional reaction to a current event than a truly needed Charter change. A more successful method of achieving a Charter review has been for the City Council to sit as a "Committee of the Whole" to review and initiate Charter changes. Generally, when such an approach is utilized, the Council / committee conducts study sessions, public hearings, and informational meetings to gain expertise and input. In this case, the method used may depend on the ultimate goal the Council wants to achieve. 4. It should be noted that the Owasso City Charter was reviewed and changed in a vote on April 2, 1985. At that time, five changes to the Charter were proposed to the voters (see attached). The voters approved Proposition #1, 2, 3, & 4, but turned down Proposition #5 (see attached vote certification). Additionally, the Council conducted a Charter review during October and November of 1990 (see attached), however, no changes were submitted to a vote of the people. ATTACHMENT: 1. Article 9, Section 9 -1 of Owasso City Charter 2. Resolution #85 -06 - City of Owasso 3. Memorandum dated November 29, 1990 ' AMENDMENT AND SEPARABILITY OF CHARTER Section 9 -1 Amendment: Proposal , ratification, approval. This charter may be amended b proposals Y Y p p therefor submitted by the council, or by the mayor upon initiative petition of the electors as provided by the state ' constitution, of a general or special election, ratified by a majority of the qualified electors voting thereon, and approved by the governor as provided by the state ' constitution. If more than one amendment are proposed, all of them except those which are so interrelated that they should be ratified or rejected together, shall be submitted in such manner that the electors may vote on them separately. A proposition to amend this charter may be either in the form of a proposed amendment to a part or parts of the charter or of a proposed new charter. Section 9 -2 Separability. ' (a) If a court of competent jurisdiction holds any section or part of this charter invalid, such holding shall not affect the remainder of this charter nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with that section or port. (b) If a court of competent jurisdiction holds a part of this charter invalid, or 110 if a change in the state constitution or low renders a part of this charter invalid or inapplicable, the council by ordinance may take such appropriate action as will enable the city government to function properly. ARTICLE 10 ' SUCCESSION IN GOVERNMENT Section 10 -1 When charter goes into effect. This charter shall go into effect immediately upon its ratification by a vote of a majority of the qualified electors of the town voting upon the question at an election and its approval by the Governor as provided by the State Constitution; and the government created by this charter shall supersede the heretofore existing town government as of that time. ' Section 10 -2 Officers and employees to continue. When this charter goes into effect, the trustees under the town government shall ' become councilmen from their respective words, and shall continue in office until their terms expire. The chairman of the board of trustees, the town treasurer, the town clerk, and the town marshal shall become respectively mayor, city treasurer, city clerk, and chief of police under this charter. All other officers and employees under the town government (including members of all boards and commissions) shall continue in their respective offices and positions of employment under this charter. Section 10 -3 Ordinances continued. All ordinances, insofar as they are not inconsistent with this charter, shall continue in effect until they are repealed or until they expire by their own limitations. Section 10-4 Pending actions and proceedings. The adoption of this charter shall not abate or otherwise affect any action or proceeding, civil or criminal, pending when it takes effect, brought by or against the municipality or any office, department, agency or officer thereof. 1 1985 CHARTER REVIEW I RESOLUTION #85 -06 RESOLUTION NO. 85 -06 A RESOLUTION PROPOSING AMENDMENTS AND REPEALER TO THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, IN ARTICLE 2, ARTICLE 3, ARTICLE 6, AND ARTICLE 7 THEREOF, AND CALLING FOR AN ELECTION IN THE CITY OF OWASSO, OKLAHOMA, FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED, QUALIFIED VOTERS OF SAID CITY OF OWASSO, OKLAHOMA, THE QUESTIONS OF AMENDING AND REPEALING VARIOUS SECTIONS IN THE AFOREMENTIONED ARTICLES OF THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, SETTING BALLOT REQUIREMENTS, PUBLICATION OF PROPOSED CHANGES, ELECTION DATE, AND DECLARING AN EMERGENCY. WHEREAS, under the provisions of Article 9, Section 9 -1, the Charter of the City of Owasso, Oklahoma, may be amended by proposals therefor submitted by the Council, and at a general or special election therefor, ratified by a majority of the qualified electors voting thereon and approved by the Governor as provided by the State Constitution; and, WHEREAS, it is deemed advisable by the City Council of the City of Owasso, Oklahoma, that the present Charter of said City of Owasso, Oklahoma, be amended in certain particulars and that certain portions therein be repealed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF' THE CITY OF OWASSO, OKLAHOMA: Section 1: That the City Council of the City of Owasso, Oklahoma, hereby proposes that the Charter of the City of Owasso, Oklahoma, be amended in part and that part of the City Charter of the City of Owasso, Oklahoma, be repealed, both proposed amendments and proposed repealer being those as set forth in Exhibit "A" attached hereto. Section 2: That the City Council of the City of Owasso, Oklahoma, consistent with Article 9 of the Charter of the City of Owasso, Oklahoma, as well as state law relating thereto, calls for an election to be held in the City of Owasso, Oklahoma, on the 2nd day of April, 1985, same being a date for general election, or if such general election not be held, such being hereby called as a date for a special election to be held hereon, for the purpose of submitting to the qualified electors of the City of Owasso, Oklahoma, for 0 i I� t P 4i i their ratification or rejection amendments to and repeal of those portions of the Charter of said City of Owasso, Oklahoma, referred to in Exhibit "A ". Section 3: The amendments and repealers contained in said Exhibit "A" shall be placed on the ballot for ratification or rejection in a manner so that each Section of the Articles containing the proposed changes may be voted upon separately, except that where passage of a proposal contained in one Article is interrelated with that proposed in another, the two may be combined for voting purposes; further, that in addition to provision for voting separately on each Article, the ballot shall be prepared in such a manner as to allow the voters to vote for approval or rejection of the proposals in their entirety by a single mark, provision for same to be placed at the top of said ballot. Section 4: The ballot shall set forth propositions set out in Exhibit "A" attached hereto, in a concise manner, containing the gist of the propositions couched in language that may be readily understood by persons not engaged in the practice of law. The ballot title shall contain language which clearly states that a "yes" vote is a vote in favor of the proposition and meaning to ratify such proposition, and a "no" vote is a vote against the proposition and meaning to reject such proposition. Section 5: This Resolution, in addition to the proposal for amendments to and repealers of portions of the Charter of the City of Owasso, Oklahoma, shall constitute a call for an election ratifying the proposals or rejecting same, in whole or in part. Additionally, consistent with the provisions of Section 6 -10 of Article 6 of the Charter of the City of Owasso, Oklahoma, said election shall be conducted in accordance with the provisions of the State Constitution and laws applicable to city elections. Section 6: The proposed amendments and repealers as well as an announcement of the date for the election on same shall be published as required by law. Section 7: The present Articles of the Charter of the City of Owasso, Oklahoma, as well as the proposed Articles as they would appear if the amendments and repealers were ratified and approved, is attached hereto as Exhibit "B" and incorporated by reference herein to be used for purposes of comparison and understanding of the changes proposed herein. Section 8: That by reason of the fact that the effective date of this Resolution must occur prior to thirty days from the date hereof in order that submission of the proposed amendments and repealers to the qualified electors may occur on April 2, 1985, and by virtue thereof result in a substantial savings of monies to the City of Owasso, Oklahoma, and as a result thereof, the inhabitants of the City of Owasso, Oklahoma, it is necessary that this Resolution take effect immediately upon its passage and publication. As a result of such action being necessary for the purposes of effectuating a substantial savings to the inhabitants of the City of Owasso, Oklahoma, an emergency is hereby declared to exist whereby, this Resolution shall take effective immediately upon passage and publication thereof. PASSED AND APPROVED this 5th day of February, 1985, with the emergency clause voted upon separately. ATTEST: Ann n ickson, City Clerk A ROVED AS TO F Ronald D. Cates, City Attorney CITY COUNCIL, CITY OF OWASSO, OKLAHO By: / r)',/ y'1V'-1d4 Boyd M. S ncer, Mayor PROPOSITIONS FOR AMENDMENT TO THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA PROPOSITION I Shall Article 2, Section 2 -1(b) of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: ' Only qualified electors of the City who reside in the respective wards from which they are elected or appointed to fill a vacancy, shall be qualified for the offices of Councilmen. Upon election, or appointment, as the case may be, such Councilman shall continue to reside within the ward from which elected or appointed during the entire term of said Councilman's office, or upon removal of residence ' therefrom, forfeit such office. No Councilman may hold any office in the City government by appointment by the City Manager or by any subordinate of the City Manager. If the Mayor or any other ' Councilman is convicted of a crime involving moral turpitude, his office shall become vacant immediately when the case is finally determined." PROPOSITION II Shall Article 2, Section 2 -8 of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: ' "If the Mayor or any other Councilman is absent from more than one -half of all the regular and special meetings of the Council held within any period of four consecutive calendar months, such ep rson shall thereupon cease to hold office." PROPOSITION III Shall Article 3, Section 3 -1(a) of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: 1 "There shall be a City Manager. The Council shall appoint him for an indefinite term by a vote of majority of all its members. It shall choose him solely on the basis of his executive and adminis- trative qualifications. At the time of his appointment, he need not be a resident of the City or State; but, during his tenure of office, he shall reside within the limits of said City or the designated fence line thereof. Neither the Mayor nor any other Councilman may be appointed City Manager or Acting City Manager during his term nor within two years after the expiration of his term." PROPOSITION IV Shall Article 6, Section 6 -3, and Section 6 -4 of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: ,t 1 1 "Section 6 -3: Any person qualified for the office for which he is filing may have his name placed on the ballot for the primary election as a candidate for councilman from his ward by filing, on the first Monday, Tuesday, or Wednesday of February, unless any such day or days be a legal holiday or a day wherein the office of the secretary of the county election board is lawfully closed, whereupon such time shall be extended commensur- ate with the legal holiday or lawful closing, with the secretary of the county election board, a sworn statement of his candidacy. Section 6 -4: A primary election shall be held on the first Tuesday in March of every year to nominate candidates for Councilmen to succeed those whose terms are expiring in the respective year. If only one person is a candidate for an office to be filled, he shall be not only nominated, but also elected ipso facto, and his name shall not appear on the primary or general election ballot. Every qualified elector of the City shall be entitled to vote for one candidate for each office to be filled." PROPOSITION V i Shall Article 7, Section 7 -1 through Section 7 -5 of the Charter of the City of Owasso, Oklahoma, be repealed and provide in place thereof the following: ARTICLE 7 REMOVAL OF COUNCILMEN "Section 7 -1: In addition to the circumstances hereinbefore mentioned terminating the term of office of a Councilman, any Councilman may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby." Affidavit Of Publicatio R�e°'g & each Artkk, Alta STATE OF OKLAHOMA, TULSA COUNTY, ss;: r' enwv y a 0 _ beplaceattbe Bill R. Retherford, of lawful age, being A �.CTtlUIY G B�xtluas: 7 �MENTS ytiNO:�i�` 'ER'`T9 °�ItE � :,,flansaetontis 1:>ilAR1�i F°i', : - '�O�WASSO �� ooaGlse'msni ' and authorized, says that he is publisher of the X;,*'O CIS :IN R fit,. CLIE; 3, pevpoattioni t Owasso Reporter rlNl)GS RI N.IId . .......................... r CITiCzOFpWA,SSt,, - FOR +d'u$i►lthi�nlwo P11RFjOSES "t)F newspaper printed in the City of .Tulsa IiEGISTEREO,QJA1'YIDtt!(YPERS Nl t 1 r QF Si W=_ – Y OF OW Bf,AHp11fA, QIJF.STlpNS OF: ` ' Tulsa County, Oklahoma, a newspaper qt� GVARlOUSSC1TOrltlif� :, •` Y1 14 INS e g te>y °on to i provlatao fa same to ` s►llot ahall,set forth peoposi -' lbt ° attache¢ hereto in a the > of the 3n,Ia a :fbnt'may be WA10aiotltrAOt.leng aed in the CARTER •OF T'llE GZTY °OF �Y, `office tar whir isftling,roay have his publish legal notices, advertisements and pubWr4.ORtrA9QMA, SETTIN " name pyce� by yxt wry " `QUIItEMENTS, ; PUB _ electtm as >t 0atdWate (or°oamdlman from provided in Section 106 of Title 25, Oklahoma Sta�ECURtItG Shia :;hard by: the' first; Meoday, may, t Wedoaday'et February, miens a ��- r,,�r . a4Y � dsy fir deys be i kdal lssliday or a as amended, and thereafter, and complies with tmdertheprovisiom ,_ 4 9„ dayw6entnme ceodMesecretaryofthe , ;'Stxdton: �I,cthe.;Ctuater af,the City coauty electiaa banid 4 lawtally closed, t t)1<laboma, �l; MV be- mended by whectap- sad .Nme shall be' extended requirements of the laws of Oklahoma with refs, -_ for- aubgiltted by the Coimcll, t a comsenssrate- "wills the legal holiday or rr-general or special ele6tiom therefore, ratifies by _ lawful etasiag, with the wary of the legal publications. A. :.malaRY- ofd e>e county electiomboard, a avian statement of thereon and' approved by the Gavernar. as his candidacy. provided by the state Constitution and,: ; ' Section H: A primary election shall be held That said notice, a true copy of which is " WHEREAS, it is deemed advisable by i4e City on the find ToeMay to March of every year Council of the City'of Owasso, Oklahoma,'that to nominate candidates for Councilmen to th prat Charter of said City of Owasso, succeed those ,whose terms are expiring in hereto, was published in the regular editie Oklahoma, be amended in certain Particulars the respective year. If only me person is a and that certain potions therein be repealed; candidate for an office to be filled, he shall be newspaper NOW, THEREFORE, BE rr RESOLVED BY not only nominated, but also elected ipso p per during the period and time of publi. TIC CffY; COUNCIL OF THE „CffY .: OF facto, and his name shall not appear m the OWASSO,ORLAFiOMA primary or general election ballot. Every not m �s�tpp&rrle l �hn the following dates: s� - r qualified elector of the city shall be entitled 111 11tS & F e Section 1: That the City Cou of the � of to vote for one candidate for each office to be .zCk1.7.>;b....... Owasso, Oklahoma, hereby proposes that'•the filled." . 198.5 ....... - :Chatter;: the City of Qwassq, pklab —,,be PROPOSMONV amended hr,, part and . that part • of -the Qty Shall Artk]e 7, Section 7-1 through section 75 Charter' of;the City of Owasso, Okiaboma,' -be of the Charter of the City of Owasso, Oklahoma, repealed, both proposed amendments and pro- be repealed and' provide In place thereof the posed repealer.bgiag those as set forth in Exhibit following: : Subscribed and sworn to before e this. . 7.zb, ". "A "att chedhereto• ' ARTILLE7 t3ection2 llratthe .< REMOVALOlFCOUNCHMM Z?,•, [[11yCamcIIoft4 Ci�af f' "Section 7 -1; `In addition -to the dayof Marc y , Owasso,Oklahoma,"ootissivtent with Article of. circumstances hereinbefore mentioned e k re Chatter of the city of otvaseo, Ol flat one, terml�nttag the terror of office of a Conn- %'! hs afate pat► av]athig Veto ca1ls=Ter tm I cffmao. say Codigwn may be removed torte he"ld tbo the S ty f 0 from -.dBee for muse specified by Oklaban�a, bid the na daytof Apn1, .1985, " applkxbi0 4tate law -for removal of 4 d e`6or geoaal,dectior,`9e f uc}r� .effcel* and by 6e method or methods Prescr'medtlsa'S6y " My commission expires : September 13t A ' PUBLISHER'S FEE $.422 o 2 :' VIMSl1J9lin4&9es0yQugop;o t� NN62 OF OR e Mmu -��- EXECUTIVE DEPARTMENT ��-�� WHEREAS, pursuant to Resolution No. 85 -06, the City Council of the City of Owasso, Tulsa County, State of Oklahoma, directed five (5) propositions to be included on the ballot of the General Election conducted on the 2nd day of April, 1985, for the purpose of submitting to the qualified electors thereof, an Amendment to the Charter of said City; and WHEREAS, it appears from the Certificate of Votes of said election that the first four of the five propositions were approved by a majority of those electors voting in said election and that such four Amendments to the Charter of said City of Owasso was thereby approved were required by 11 O.S. 1981, 5§13 -106, 13 -107 and 13 -111; and WHEREAS, pursuant to the provisions of 11 O.S. 1981, §13 -111, the Governor of the State of Oklahoma is required to approve City Charter Amendments if the same are not in conflict with the Constitutin and the Laws of the State of Oklahoma. NOW THEREFORE, I, George Nigh, Governor of the State of Oklahoma, by virtue of the Constitution and the Statutes of the State of Oklahoma, do hereby proclaim that the Amendments to the Charter of the City of Owasso, Tulsa County, State of Oklahoma, which were connoted as propositions number one through four on the ballots for the election of April 2, 1985, were approved by the electors of said City; I do further approve said Amendments as submitted to the electors at said election, as not being in conflict with the Constitution and the Laws of the State of Oklahoma; the Amendments to be in full force and effect as provided by Law. ;4Jn Witness P4erevf, � � •� � � 44MI C�z 10th dl'y,/" a/ October , i� bi' �Yeaw a��uw -Zo.d an.� aud'aci . k'. arcci eighty -five anc�a� JCczCe a� 0&a,uuraca4G seventy- sevent year. F IM. T M F I=T E CITY OF OWASSC GENERAL ELECTION PAGE 10 APRIL 2, 1985 ---P�R—LLPIO S I T PRQt_QSl T I N_ PROPOSITION NO. I NO. - 2 PROPOSITION PROPOSITION NO. 3 NO. 4 # NO. 5 YES NO YES No NO P RE LN'ZJ YES NO ¢ YES NO ABSENTEES 4 0 2s 4 0 -•._ 3 3 731 so 16 82 75 15 74 16 61 752 1 0 29 1 0 • 0 753 105 -2L__* 115 to 103 21 109 Id * 44 83 —2 i- ► 29 8 33 4 * 10 27 ..225– .-,--- _- -- -33 - -- 20 0 210 46 a 220 39 * 88 171 TOTAL PERSONS SIGNING THE POLL BOOK FOR THE ABOVE RACES WAS 259 TULSA COUNTY PAGE -WE THE–UNOERSIGNELI-AS--,MEMBERS.DF THE COUNTY ELECTION BOARD OF THE COUNTY OF- TULSA, STATE OF OKLAHOMA, DO HEREBY CERTIFY THAT THE ABOVE ANI) FOREGOING TALLY CONTAINS THE TRUE AND CORRECT NUMBER OF VOTES CAST IN THE CITY OF DWASStO G.ENERAL_ EL_E_CT.lONj._JlELO APRIL 2._1985, IN THE COUNTY OF TULSA, STATE OF OKLAHOMA, AND THAT THE RE WLTS OF SAID ELECTION ARE AS ABOVE SHOWN. DATED AT TULSA, OKLAHOMA, PflA THE 2ND DAY OF APRIL* 1985. CHAIRMAN VICE CHAIRMAN -------------- �4LAI ----------------------------- SECRETARY — — ----------------------------------- 1990 CHARTER REVIEW r] MEMORANDUM 1 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY SUBJECT: CHARTER REVIEW REPORT DATE: NOVEMBER 29, 1990 BACKGROUND: A Charter Review Committee was established by the Council October 3, 1990, for the purpose of reviewing the existing Charter 1 and to propose necessary changes. Each member of the Council has received a report from the Committee as prepared by the City Attorney. IThe Committee requests that, before any further action is taken or expense incurred, the items in the report be acted upon separately by the Council. This will determine if there is sufficient support 1 to continue consideration of each individual item. The Committee has developed a list of items for Council consideration. Those items that receive the support of the Council will be rewritten into final form by the City Attorney for publication and public hearing. After a public hearing the Council would then vote on the final items to be presented to the voters on the March primary election ballot. Based on my understanding of the process and previous discussions (see memorandum dated September 27), I propose the following schedule of activities for implementing this process. Please note that the only specific deadline is the date for calling an I election. We are required to give the election board 45 -days notice prior to any election. If we are to have a March 5th election we must pass a resolution calling for that event no later January 15th. March 5th is the normal election date for the City's primary election and it would be less costly to include the Charter election on that same date if the Council so desires. 1 Dec. 18, 1990 - Council conducts public hearing on the recommended amendments as a part of the regular Council meeting. Jan. 8, 1991 - City Council takes action on the requested amendments by adopting w or denying a resolution calling for an election that will place the questions before the people. CHARTER REVIEW PROCESS NOVEMBER 29, 1990 PAGE TWO March 5, 1991 - Conduct an election on the Charter amendments at the time of the Primary election. A special "work session" of the Council was conducted on Tuesday, November 27th at 9:30 a.m. for the purpose of providing initial background on each of the items contained within the report. ATTACHMENTS: 1. Report form the Charter Review Committee 2. Memorandum from City Manager dated September 27, 1990 jk /council / #6 -12490 CATER & COBB. P.A. AN ASSOCIATION OF INDEPENDENT JANE ANN COOBS BB RONALD D. ATTORNEYS AND COUNSELORS AT LAW SUITE 109 EXECUTIVE CENTER 12620 E. 86TH ST. N. OWAS -90, OKLAHOMA 74055 918/272 -9592 November 14, 1990 Mr. Rodney J. Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 Re: Charter Review, Citv of Owasso, Oklahoma Dear Mr. Ray: OFCOUNSEL ELLIOTT H. HOWE Enclosed you will find a Memorandum to the City Council of the City of Owasso, Oklahoma from the Charter Review Committee regarding proposed changes in the Charter of the City of Owasso, Oklahoma. Should you have questions regarding same, please do not hesitate to contact Mr. Cates. Sincerely, C dy . Kidd Secretary to Ronald D. Cates jek Enclosure 11140.001 MEMORANDUM TO: The City Council, City of Owasso, Oklahoma FROM: Charter Review Committee DATE: November 12, 1990 RE: Charter Review In accordance with direction given by the City Council, the Charter Review Committee consisting of Mayor Mark Thompson, Vice Mayor John Phillips and City Attorney Ronald D. Cates have reviewed the Charter of the City of Owasso, Oklahoma, as well as met for purposes of discussion of any areas of recommended change to such Charter. After review of the Charter, as well as discussions con- cerning same, it is the collective decision of the Charter Review Committee to submit to the City Council a listing of provisions of the City Charter wherein change is potentially desirable by the Council for recommendation to the qualified electors of such City. For the sake of economy, the Committee has refrained from drafting language to implement such changes pending the City Council's col- lective decision as to such proposed changes as being desirable to submit to the voters of the City. Consequently, what is submitted at present should be considered as concepts for consideration by the Council. It is anticipated if the City Council deems desirable proceeding with any or all of the proposed changes then subsequent to such decision drafting of proposed language to incorporate such concepts for presentment to the voters would be undertaken. Addi- tionally, it should be observed that the following listing is a listing of areas that the Charter Review Committee felt a Charter change should be considered; however, such is not intended to be exhaustive thereof and any comments or ideas regarding other areas of change which the Administration or Council deem desirable are welcomed. AREAS OF PROPOSED CHANGE: 1. Article I - Incorporation; Form of Government; Powers, Section 1 -3 -- Powers of City- -The Charter Review Committee deemed desirable to recommend for Council consideration, amendment to said Charter, in particular Section 1 -3 -- Powers of City to provide for incorporation therein of zoning powers. Presently, the powers of the City of Owasso, Oklahoma, in regards to zoning originate by virtue of enabling legislation from the State. Consequently, based upon decision of the Supreme Court of the State of Oklahoma, all provisions, both substantive as well as procedural, of the laws of the State of Oklahoma relating to zoning are exclusive in terms of powers of the municipality. Accordingly, the effect of such deci- sion has been to place limitations upon the municipality's handling of zoning matters. The implication of such opinion has been to the extent that if and in the event zoning powers originated by virtue ' Memorandum, The City Council November 12, 1990 ' Page 2 ' of grant from the people as contained in a charter of a home rule city, such statutory limitations would not exist. Accordingly, it is submitted that consideration should be given to inclusion of such powers as a power granted directly from the qualified electors of the City and incorporated within the Charter; 2. Article II - The Council, ' A. Election of Members of the City Council from Wards in Lieu of At Large Elections. Amending the manner in which mem- bers of the City Council are elected to such Council was proposed. Essentially, modification of Section 2 -1 as well as 6.1 and 6.6 of the City Charter was discussed wherein the present system, such being City Council members being elected at large by the citizens ' of the City, was recommended for deletion and in lieu thereof there be provided that the members of the Council be elected by qualified electors of the Ward such Council member represents. The philoso- phy behind such recommended change is that such would result in the members of the Council truly representing Wards from which they are elected. IB. An additional recommendation for Council considera- tion as relates to the City Council is for abolishment of the Pa office of Mayor and Vice Mayor and in lieu thereof the Council govern in a commission format. Essentially, in little change insofar as such concept results g powers are concerned due to the fact that under the existing City Charter, the office of Mayor, or in the Mayor's absence the Vice Mayor, possesses only ceremonial powers, marshal law powers and acts as the presiding official for the City Council during its meetings. In lieu thereof, the City Council, or commission as the case may be, would essentially per- form the same function, however, a presiding official would be determined on a rotational basis. Further, any ceremonial repre- sentation of the City would be accomplished via City Council, or commission, en banc direction. Further, it is contemplated in such format that insofar as there exists a need for a contact person for the City of Owasso, Oklahoma, which historically is the Mayor of said City, that such matter would be delegated unto the City Manager of the City of Owasso, Oklahoma. C. It is recommended that Section 2 -7 -- Council Meetings up be modified to allow for executive sessions to be held as may be authorized by state law. The change is recommended to allow lati- tude to the Council to retire into executive sessions to deal with matters recognized by state law as being properly within the scope of executive sessions without any unintended limitation arising from the Charter. Considering the Oklahoma Open Meeting Law is a matter of statewide concern,. and consequently, obligatory upon the City, it is felt that modification of the Charter, which contains Memorandum, The City Council November 12, 1990 Page 3 language predating the Oklahoma Open Meeting Law to the extent Oklahoma law allows, would be advisable. D. It is recommended that Section 2 -11 -- Council Quorum, Rules, Yeas and Nays be modified by deletion of the following phrase, to -wit: "but a smaller number may adjourn from day to day or from time to time ", by reason of such being confusing, as well as inconsistent with the Oklahoma Open Meeting Law. 3. Article III - City Manager and Administrative Departments and Article IV - Department of Finance; Fiscal Affairs The Charter Review Committee submits for consideration signi- ficant reorganization of the administrative departments within the City. Essentially, the specific submittals are as follows, to -wit: A. Provide that the office of City Treasurer be an office of appointment by the Council; B. Expand upon the existing duties of the position of City Clerk to encompass the receipt of revenue and remittance of same to the City Treasurer, the custodian and financial officer of the City; C. Provide that City shall, at all times, provide for the provision of police, fire and ambulance service within said City; and, D. Provide for modification of Section 4 -4 of the , Charter to require competitive bidding on public improvements in an amount equal to that as required by the Public Competitive , Bidding Law of the State of Oklahoma. 4. The Charter Review Committee recommends to the City Council consideration of modification of Article VI relating to elections within the City of Owasso, providing the legislative body with the power to adopt by ordinance provisions for the City running City elections in alternative to such being run by the Tulsa County Election Board. It appears that a significant savings could result from the election being conducted by the City as well as more centralized voting being achieved. 5. The Charter Review Committee recommends to the extent such does not require. substantial modification of the Charter, that all reference to gender be removed. 0 11050.006 c 1 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ' FROM: RODNEY J RAY SUBJECT: REQUEST TO ESTABLISH A "CHARTER REVIEW COMMITTEE" ' DATE: SEPTEMBER 27, 1990 ' BACKGROUND: ' Pursuant to previous discussions, the purpose of this request is to establish a Charter Review Committee. The Mayor has indicated that a good approach to the entire charter review process would be to form a committee comprised of two Council Members and the City Attorney. Such a committee would then have the responsibility of reviewing the existing charter and drafting any changes to that document considered to be in the best interest of the City. ' Based on a research of the Charter, State Statutes, and the Code of Ordinances it appears that the following sequence of events would ' meet the schedule requirements for this endeavor: op Oct. 2, 1990 - Establish committee & appoint members Oct. 2 - Nov. 30 - Committee review of existing charter and draft of any amendments tDec. 4 - Committee report made to full City Council and sent to newspaper. 1 Dec. 18 - Council conducts public hearing on the requested amendments as a part of the regular Council meeting. Jan. 8, 1991 - City Council takes action on the requested amendments by adopting or denying a resolution calling for an 1 election that will place the questions i before the people. April 2, 1991 - Conduct an election on the charter amendments at the time of the general election. c L CHARTER AMENDMENTS , SEPTEMBER 27, 1990 PAGE TWO NOTE: Should the amendments be approved by the voters, the following steps would be then required: 1 . The election must be certified by the County Election Board. 2. The Mayor must authenticate the amended charter and transmit the document to the Governor. 3. The Governor must review the amended charter and determine if the amendments are in conflict with the Constitution of Oklahoma. 4. Upon the Governor's approval of the amended charter, it shall become the "organic law" of the City. RECOMMENDATION The staff of the City will refrain from active participation in this process unless specifically requested to research or present information. There will, therefore, be no recommendation on these memorandums relating to this issue. We consider this process basic to the policy makers responsibilities and desire only to be of service if we are so requested. It is my understanding, however, that Mayor Thompson will have a recommendation on this issue. CITATIONS: "OWASSO CHARTER" - Section 9 -1 (Article 9, page C -18) "OKLAHOMA STATUTES" - Title 11, Article 13, Section 13 -111 r hb jk /council / #1 -10029