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1993.12.07_City Council Agenda
i~ PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 7, 1993 TIlVIE: 7:00 p. m. PLACE: Council Chambers, Owasso Community Center T Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p. m. on Friday, December 3, 1993. Marcia utwell, Counc' Clerk AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of November 16, 1993 Regular Meeting and November 23, 1993 Special Meeting. Attachment #4 Owasso City Council December 7, 1993 Page 2 5. Request Approval of Claims. Attachment #5 6. Consideration and Appropriate Action Relating to a Request for Purchase of Video Recording Equipment for Placement in Police Patrol Vehicles. Chief Alexander Attachment #6 Staff will recommend Council approval of the expenditure of $7000 to EIS Communications, Tulsa, Oklahoma for the purchase of 5 video recording cameras and necessary attachments thereto. 7. Consideration and Appropriate Action Relating to a Contract for Improvements and Additions to the Owasso Sports Park. Mr Munn Mr Compton Attachment #7 The staff will recommend Council approval of a contract to Continental Concrete Company, Cushing, Oklahoma, in the amount of $31,500 for the purpose of completing grading and drainage work for four softball fields as provided for in bid documents. Owasso City Council December 7, 1993 Page 3 8. Consideration and Appropriate Action Relating to Ordinance #473, an Ordinance Providing for an Occupancy Permit, Establishing Procedures for Issuance of Such and Declaring an Effective Date. Mr Compton _ Attachment #8 Staff will recommend Council adoption of Ordinance #473. 1 II 9. Consideration and Appropriate Action Relating to a Budget Modification of a Contract Between the City of Owasso and ODOC Wherein an Increase of $303.00 in Loan/Grant Funds for the Max Buchanan Project Would be Authorized on Contract #5252-CDBG- ED. Mr Compton Attachment #9 Staff will recommend Council approval of a contract modification increasing the loan/grant funds by $303.00 and that the mayor be authorized to execute such documents. 10. Consideration and Appropriate Action Relating to a Request for a Supplemental Appropriation to the General Fund Economic Development Department in the Amount of $303.00. Ms Bishop Attachment #10 Staff will recommend Council approval of a supplemental appropriation to the Economic Development Department in the amount of $303.00. Owasso City Council December 7, 1993 Page 4 11. Consideration and Appropriate Action Relating to a Request for a Reduction in the Percent of Money from the Sale of Cemetery Lots and Interments Required to be Set Aside in the Cemetery Care Fund. Mr Ray Attachment #11 Staff will recommend Council approval of a reduction in the required set aside from 25 of monies received to 12.5 % . 12. Consideration and Appropriate Action Relating to Ordinance #472, an Ordinance Amending the Owasso Zoning Code, Chapter 14, Section 430, "Bulk and Area Requirements in Residential Districts", More Specifically, a Change Relating to Building Height Requirements for Single Family Dwelling Units. Mr Rooney Attachment #12 Staff will recommend Council approval of Ordinance #472. 13. Consideration and Appropriate Action Relating to a Request for Council Approval of a Final Plat for Mingo Commerce Center, a Re-subdivision of a Part of Lot 1, Block 20, Elm Creek Estates First Addition, Owasso, Tulsa County, Oklahoma, and Generally Located Immediately East of Mazzio's on East 80th Street North. Mr Rooney Attachment #13 Staff will recommend Council approval of the final plat as recommended by the Owasso Planning Commission. Owasso City Council December 7, 1993 Page 5 14. Consideration and Appropriate Action Relating to a Request by the Developer for an Amendment to the Plat of Double Oaks II Wherein the Building Line on Lot 22, Block 1, Would be Changed from 25 Feet to 15 Feet. _ Mr Rooney Attachment #14 The staff will recommend Council approval of the requested amendment as recommended by the Owasso Planning Commission. 18. New Business Owasso City Council December 7, 1993 Page 6 19. Adjournment ' OWASSO CITY COUNCIL ' MINUTES OF REGULAR MEETING Tuesday, November 16, 1993 The Owasso City Council met in regular session on Tuesday, November 16, 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, November 12, 1993. ITEM 1: CALL TO ORDER i~ Mayor Randolph called the meeting to order at 7:42 p.m. ITEM 2: FLAG SALUTE The flag salute was held during the OPWA meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT Bob Randolph, Mayor John Phillips, Vice Mayor Mary Lou Barnhouse, Councilor Rex Bowen, Councilor Charles Bums, Councilor ABSENT i~ '~ STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, Council Clerk A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES OF NOVEMBER 2, 1993 REGULAR MEETING. Charles Bums moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. AYE: Burris, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5-0. Owasso City Council November 16, 1993 ITEM 5: REQUEST APPROVAL OF THE CLAIMS John Phillips moved, seconded by Mary Lou Barnhouse, that the following claims be approved: (1) General Fund $31,641.21; (2) Workers' Compensation Self-Insurance Plan $17.069.08; (3) Ambulance Service Fund $780.54; (4) Capital Improvements 92,581.40; (5) City Garage p~ $4,111.73; (6) Interfund Transfers $3,191.94; (7) General Fund Payroll $87,321.36; (8) City Garage Payroll $2,738.23. AYE: Phillips, Barnhouse, Bowen, Burris, Randolph ~ NAY: None Motion carried 5-0. ITEM 6: REQUEST BY REPRESENTATIVES OF THE OKLAHOMA MUNICIPAL ~ LEAGUE TO ADDRESS THE COUNCIL FOR THE PURPOSE OF MAKING A PRESENTATION. Mr Bill Moyer, Executive Director of OML, and Mr Gary Radar, Vice President of the OML Board of Directors presented a plaque to City Manager Rodney Ray in appreciation for the time he has served on the OML Board of Directors. Mr Radar, who is also mayor of the city of Weatherford, OK, presented Mr Ray with a key to the city of Weatherford. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE FY 1992-93 INDEPENDENT AUDIT OF GENERAL FUND AND OTHER FUND ACTIVITIES. Ms Bishop reported that an independent audit performed by a certified public account, is required by city charter and state statutes. The firm of Stanfield & O'Dell serves as auditors for the City and OPWA. They have completed their audit for FY 1992-93 and have submitted three reports: Financial Statements and Report of Independent Certified Public Accountants, Auditors' Single Audit Reports, and Advisory Comments Memorandum. Those reports were delivered to the Council members for review. Charles Bums moved to accept the audit report and direct that it be filed as required by law. Motion seconded by John Phillips. AYE: Bums, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5-0. 2 Owasso City Council ii i~ ii ~i i~ i~ November 16, 1993 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #470. AN ORDINANCE REZONING PORTIONS OF A 40- ACRE TRACT OF LAND FROM RS-2 TO AN RS-3 CLASSIFICATION SUCH PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF 129TH E AVE AND 86TH ST N. At the November 2, 1993 meeting, the Council approved a rezoning request from RS-2 to RS-3 on all but the northerly 300 feet of a 40 acre parcel of land located north of the Owasso Jr High School and east of the proposed Barrington Point addition. Ordinance #470 formally adopts that action. Charles Burns moved, seconded by John Phillips, to approve Ordinance #470. AYE: Bums, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL REVIEW AND APPROVAL OF A FINAL PLAT FOR CAMDEN PARK, AN ADDITION TO THE CITY OF OWASSO AND GENERALLY LOCATED JUST WEST OF WINDSOR LAKE II ADDITION. EAST OF 129TH EAST AVE. The final plat for Camden Park (formerly referred to as Windsor Lake III) was reviewed by the Planning Commission at its October 21, 1993 meeting, and approval was recommended, provided that the city engineering department receive a final copy of construction plans prior to this item being placed on the city council agenda. That action did occur. An off-site sanitary sewer easement is not shown on the plat, and staff recommended that it be shown. Charles Burris moved, seconded by John Phillips, to approve the final plat for Camden Park with the condition that the off-site easement utilized to provide sanitary sewer to Windsor Lake II be reflected on the plat and a favorable review obtained from the Department of Environmental Quality. AYE: Bums, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5-0. 3 11 Owasso City Council November 16, 1993 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #471, AN ORDINANCE APPROVING THE OWASSO PUBLIC WORKS AUTHORITY RATES FOR WATER AND THE APPLICATION OF THOSE RATES TO PERSONS WITHIN AND WITHOUT THE CORPORATE LIMITS. ~ On March 2, 1993, the OPWA approved a concept for the purchase of one and one-half sections of "protected service area" from the Rogers County Rural Water District #3, and entered into a contract with the district. Ordinance #471 approves an action taken by the OPWA to establish rates for those rural customers acquired in the purchase of the service area and to reduce rates to other rural customers. John Phillips moved to approve Ordinance #471. Motion seconded by Mary Lou Barnhouse. AYE: Phillips, Barnhouse, Burris, Bowen, Randolph NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #471. Staff requested the attachment of an emergency clause to Ordinance #471 in order to legally implement the new rate structure in the December billing cycle. John Phillips moved, seconded by Charles Bums, to approve the attachment of an emergency clause to Ordinance #471. AYE: Phillips, Burris, Bowen, Barnhouse, Randolph NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT FOR THE INSTALLATION OF LIGHTING SYSTEM IMPROVEMENTS TO THE OWASSO RECREATION CENTER. Recreation Center Director Jan Worley appeared before the Council to request the approval of a contract to supply material and labor to install light fixtures at the Recreation Center. Purchase of the fixtures was approved at the November 2, 1993 meeting. Three quotes for material and labor were received, with Jack's Electric of Collinsville, OK submitting the lowest proposal. Charles Bums moved, seconded by Rex Bowen, to approve a contract for the services 4 Owasso City Council i~ i~ November 16, 1993 of Jack's Electric, Collinsville, OK to supply the material and labor to install the light fixtures at the Recreation Center at a cost of $1590.00. AYE: Bums, Bowen, Phillips, Barnhouse, Randolph NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT OF MEMBERS TO THE COMMITTEE FOR THE DEVELOPMENT OF YOUTH ACTIVITIES. On June 15, 1993, the Council approved the creation of a "Committee on the Development of Youth Activities". The committee is to be comprised of eleven members, with Councilor Burris serving as Chair of the group. Each Councilor was asked to submit the names of two persons to serve on the committee, making a total of eleven. Mayor Randolph asked for the confirmation of the following persons, as submitted, to this committee: Nancy Sutton 12416E 106th St M Owasso, OK 74055 i~ C Joe Wilkerson 9713 N 107th E Ave Owasso, OK 74055 Mark Erler 7810 N 121 st E Ave Owasso, OK 74055 Betty Vines 711 N Atlanta Owasso, OK 74055 Naomi Leach 8210 N 116th E Ave Owasso, OK 74055 Carol Campbell 14544E 93rd St N Owasso, OK 74055 Jerry Duke 12306E 77th Pl N Owasso, OK 74055 Cindi Owens 10008 N 107th E Ave Owasso, OK 74055 Donna Early 12204E 83rd St N Owasso, OK 74055 Jean Webb 601 N Birch Owasso, OK 74055 Mayor Randolph moved for the confirmation of the above listed appointments to the Committee on the Development of Youth Activities. Motion seconded by Rex Bowen. 5 Owasso City Council November 16, 1993 AYE: Randolph, Bowen, Burns, Barnhouse, Phillips NAY: None Motion carried 5-0. Councilor Burns announced that an organizational meeting of the committee would be held Friday, November 19, 1993 at 6:00 p.m. in the City Hall Conference Room. ITEM 14: REPORT TO THE CITY COUNCIL RELATING TO STATUS OF PLANNING OF IMPROVEMENT TO THE INTERSECTION LOCATED AT 96TH STREET NORTH AND GARNETT ROAD. Public Works Director Robert Can presented both a written memorandum and a verbal report in reference to the dangerous intersection at Garnett Road and 96th Street North. He explained the steps that have been taken, as well as a plan of action for future improvements, to address the safety of the intersection. He presented immediate action (30-60 days) plans, short-term (3-6 months) plans, and long-term (12-24 months) plans. Immediate action plans include clearing grass and underbrush, adding rumble strips to Garnett Rd, adding yellow flashing caution lights and dangerous intersection signs to Garnett Rd, posting large warning signs on 96th Street North, enforcing the speed limit on Garnett Road, and moving a cable sign on westbound 96th Street North which obstructs the drivers' view of Garnett. ITEM 15: REPORT FROM CITY MANAGER Mr Ray noted that Chief Alexander had with her at the Council meeting a prototype of a proposed police uniform and would like for those in attendance to view the uniform and give comments. ITEM 16: REPORT FROM CITY ATTORNEY No report. ITEM 17: UNFINISHED BUSINESS Councilor Phillips stated that he appreciated the staff s response to addressing the issue of the 96th St N and Garnett Rd intersection. He said that a neighborhood meeting would be held in the near future to discuss that and other issues. ITEM 18: NEW BUSINESS Mayor Randolph thanked the Leadership Owasso class for attending the meeting. 6 Owasso City Council ITEM 19: ADJOURNMENT Charles Bums moved, seconded by John Phillips to adjourn. AYE: Bums, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5-0 and the meeting was adjourned at 8:18 p.m. November 16, 1993 Bob Randolph, Mayor Marcia Boutwell, Council Clerk I: 7 OWASSO CITY COUNCIL NIINUTES OF SPECIAL MEETING Tuesday, November 23, 1993 The Owasso City Council met in special session on Tuesday, November 23, 1993 in the City Hall Conference Room per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 3:00 p. m. on Friday, November 19, 1993. ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p.m. ITEM 2: ROLL CALL PRESENT Bob Randolph, Mayor John Phillips, Vice Mayor Mary Lou Barnhouse, Councilor Charles Burns, Councilor ABSENT Rex Bowen, Councilor STAFF Rodney J Ray, City Manager Marcia Boutwell, Council Clerk A quorum was declared present. Ronald D Cates, City Attorney ITEM 3: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CITY INITIATED REQUEST TO AMEND THE ZONING CODE OF THE CITY OF OWASSO, RELATING TO CHAPTER 4, SECTION 430. "BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS" : MORE SPECIFICALLY, TO ALLOW FOR RESIDENTIAL DWELLING UNITS TO EXCEED 26 FEET IN HEIGHT. Mr Rooney presented the staff report, stating that approximately five weeks ago staff denied a building permit for a residential structure that had a height listed on the application as being 6' higher than the allowable limit. The applicant filed for a variance from the Board of Adjustment, which was subsequently granted. The Planning Commission reviewed and approved a text amendment at their November 18, 1993 meeting which would change the Zoning Code requirements for height limits in residential districts to a maximum of 30' . Because of a possible conflict of interest, Charles Bums recused from considering the question. Owasso City Council November 23, 1993 John Phillips moved, seconded by Mary Lou Barnhouse, to approve the proposed text amendment as recommended by the Planning Commission. AYE: Phillips, Barnhouse, Randolph NAY: None Motion carried 3-0 ITEM 4: ADJOURNMENT Mayor Randolph moved, seconded by Charles Bums to adjourn. AYE: Randolph, Bums, Phillips, Barnhouse NAY: None Motion carried 4-0 and the meeting was adjourned at 7:02 p.m. Bob Randolph, Mayor Marcia Boutwell, Council Clerk 2 I~ GEriERAL FU1iL? 1C%C!?!~' 1~~~:5~~:5=~ A!P CLAIt4S F'EPC)kT APAPVR PAGE' P?_l # ~;Eh?L?iJk I?E~CkIF'TIGrI P.MC7U1iT ---------- ------------------------- ------------------------- ------------- MANAGERIAL ----------- ------------------- - ='a0115 RODriE`~' RAY E~PEti'SE REIME~ S'~:3.7G ^a!)4'~;~ E!ROAI?'-~1AY CARPET CO REC CENTER OFFICE CARPET ~2r~.?0 '~r41105 OFFICE IJEPOT C4RL? F'LP.N ~,?rFPLIES; 17y.~8 9a115~ '=ArITA FE L?I'~TE'IE!UTIr3G Iri!_ PAF'T`~ 74.8 '~+a11S5 CITY GARAGE FC?EL 10.`4 '~41E1a UP]ITEI' 4'~IP.'.' VICTORY UINr~Ei: 100.00 '=412?a ~t ~[rTHWESTER?~ BELL. 'CELE . 'l Or`F3 PLE;4AR 55.81 ~4iS~~? LPCC INC-AT`:~T 10!?? USE Ea.O? ';a12~'"-~ TREA'=~?rRER PETT`i' C?E;H REI]p]B PETTY CA:=H SE,?0 r?EPAPT]+fErIT T+~TAL = _ _ _ ~ 1, 104 . a 3 F I A]A:`]CE ------------------------------ G4t)11? CPS BU3IPiESS, Ir?C, LICErI'SE FEES :'_17,00 g4i!1y8 STANFIELD ~~ D"L?ELL, P.C. FY !.'_-~~? AUL?IT 1,0?S,OC, '~41~E? TREAS??PEP F'ETTY CASH REIh]E FETTY CASH 40.00 DEPP.RTh1ENT TOTAL =___? 1,~3:~"~.00 COMM?11~ITY G~EVELOPt~]ErdT ------------------------------ a115a CITY ~~ARAGE PARTS ~~~~~ r.j LL. a L~_ 44115 RETHERFORD Pt3BLICP.TIOIIS LEt~P.L NCITICE ~h.55 44118` CITY GARAGE FUEL 26C1,:;" 4~iLt~4 O'SU-OI~.LAHOMA CITY 'SEMIPIAk 75,C~C? Q41 ~'~a C;O?-TH4JESTEF?ri BELL 'CELE . 10 x'93 PLE;.Ak ?E .1.~ 4ai?~'"~ TREA-UREF' PETTY CASH REIMS: PETTY CASH 2E.70 I?EPARTh4EriT TOTAL =___:; E80.4y hgT,1.l:'~_IPAL CO~JRT ------------------------------ 4a!?!?~'? CHARLES PAh1S~E4' RETAINER 7C!!~,C.!0 940028 MICHAEL L?. HILSABECK F.ETAINEk 7!10.00 ~alliE? ;S[iBUfiBArI OFFICE F~UPPL`i SUPPLIES 41.02 44115E GARF'ETT SIGNS LETTERING 45.00 94122a =.OttTH6dES T ERP] BELL TELE , 10 /93 PLEXAF 21 .2.8 DEPARTt9EriT TOTAL =___- 1,50%.25 4 'i :~. L Ji. i~ ~'~'!~ _- 1;5~=,=" A P Gt:s.:".= REF'url AF'F:F'~.R F'A~E; ~!_i r t~E'~I:~~iF LiE_~!F`IF'i i~~=~t .=:~~c?~~r;~' ---------- ------------------------- ------------------------- ------------- L' bt t ~ ~~ ~,~GI.tE~.. i tt!= ------------------------------ _ '~I_=~i t=F'.~.I?'='EF'-T~? ~~ I;d;- =`TFF~i= 1~'.i~,i4 iii _ ,I ', `7 :,~!.!'''~ QFLriH!.~i~t: _ ~ ~. z :C!T~i'i'_.., _...-L. aJi•i._^ ,.~!~.!t!! _ ° ; i ~_ R =~t, ;,thr. ~y;~r T~~.j^ r,rt.r *iii'~ ! -"= -,I;T~ };;_." 1 ;ii ii! - _~w:; _ ,.. ir~~.~..=:'E,.i1 R_.~ .L:.. i. "Tc .~~:;;--~~-;AF' ~". _~ 4i"._~ !~tiTH4il~''_"fi'='~( E~1t.T. 'DEL i_, iii == E'~E;.._ ;_,~,~1~ '~'+..__''' (~*F.~','- _j~erj F'ET i', !_~.`_'~ r:'~ ~{` i'v . l`f t_r'=.-. ='7 . %•'~ 5 r~,~ j Tr f r.1~t..~(_.E ;:i i j (i= Qr~'j,~~ r;~r'i=. _~^'r, rL=. 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TEt_~, +_ -= PLE::=:.-.= 4~.~,~ - --L - ~;_,_ _ __ ''i_~. _ f? ii GL'LY t~7ti '~'~1f'Yf~ _ _.'= _ 1'.. __ jj'_~. ?"f~Fr~'TihEtiT T':'it1= ____. ~,'_4`_,=- ------------------------------ 1_=~ _i~t: ta=n._TEF't? ~~~.L ~'E~.E. ~'._ _ t~;~,:-: << _ =_ _ _ _ - - c ~t' i^- V T ~ a r ~~ r T~ J i ';i i.'~t _- j';Ti T~,_ GATI~-- 4, tt Fri.:- -'--`' '-T-'t ~I ~'. ~4 raj ~--~,1 _: i'lij T?.St:jL'CT~~t~ ~~L i..., TE ~'~. - iU~ t='L~.`._.. i ~' _, - _ i h '~'a~=_ L.n-_ IPvt_-.:T':T 1_ =_ ,T°=;E i,~~-~ i.~r,:;;., ---- - ,~ t 1~ GE`tEFAi rPtLr iC ~;?~`~~= 1'5:5'5;~?:3 A:'F C~LF.IP'i~ REF'C~FT AF'AFb'R FAC~~E: r',~, ~ VEt?DC1F' UE'=CF'IFTi~P~I A,h1CrL1i3T ---------- ------------------------- ------------------------- ------------- '=%4i1~: C:IT~ ~_A.RAt~E F'AF'T lb?,C'1 '41'_°` rIT~ t ARA~~E F?TEL - 1r,n.1'; ~~ i .r: ,j _,y ,7 r. L q ~ L. ` ~ ~.~. i . A A~ A ?' T) r! A L ' ~ r, 1 ~! ; '-~ ? l T'=' E _' ~ , l~ ;: '~1'?== TF'EA~C~FFF' FETT`: !=:A~;'ri REIt*iF; F'ETT`r' =:A~;N 4~~;.~ir irEF'AF'Tr'9EttT TCrTAL = _ _ - . "`O . _'i C~ ~i'.'.;: ~ed?i i }L, X74? i jC'}~;!~`?~T '=~.~~<<_`- r+,,_r:TTIr•E' F,~CrTIZr~„_ _,,,t.t,_T~,-j- --;- 'jrC ~.-:. ~; -;,ti,-~ `~~?..~~ Tlr'•vf?v~'tTFE!-' FE}~'t' ~-.. ~.'1~ R~I~IB rLa}'1 ~-A~_'~ v e~'.- ~'tT3'Ir TOTAL =___. .~ ti ~ [r tt . - L S '- - ^ i~ CIT ~ QF QWAQF;Q 6~IQRFCERS' CAMP L,ELF-IPiS F'LAI~ 1~:02!y8 16:55:?? Ar`P CLAIhiQ REF'QRT APAP~IR PAGE: PQ # VEPiL~QR DE~CRIPTIQti AMQUtiT ---------- ------------------------- ------------------------- ------------- GEtiERAL GQ`IERtiMEPiT ------------------------------ ~ACl~~^ Quip^F.Q L,Riri, ;'~pg~,~ T FRAPiCIS HQ'=PITAL ~'4CtG'~7 RAL~IQLQGI QF QI~L.P. 94C~^?C UTICA PARi~ CLIPiIC $ICa=i ~ UTI!.A FART; CLIPiIC °411OS BERHLEY RISJ+~ i4AtiAGEP1EiiT '-~~1~`C~1 FRAA2K LETCHE2`, MD L~EPAR7'ttlEfiT TQTAL CLA I P9i EVAtiS ~j6 . S9 GLAIJ~1frE`•AiiF~ 61 , C,v f=LAIM,'EVAPdS ~~ . ~1C1 CLAIM%FLIC:K 3Q.C1Ca CLAIMIMILL`'~ c;` . Q+~ APMIPi FEE "'-~.o` CLAIM,'EVAPt'_~ ~Ci~i , C~0 i,~4S.3t i,~~5.3~ 1 CITY OF QtlA'=:'_,~ AMBULAPiCE ~~ER ~; I CE FUPd,~i 1s'_ltj2/93 16:56::3 ASP CLP.IM:~ REF'OF'I' AFAFVR PA~~E: F~ # VEIdDDR UESCRIPTIQII AP90TiPiT ---------- ------------------------- ------------------------- ------------- AM°ULAPdCE ------------------------------ t 9df~q~14 TREA$U?ER PETTY CASH TRAIiiT.Pd+~.~~OLE ~1.(!(i 94i0~g ALLIP.PICE MECICAL, IPIC. 'itTF:'LiES i16.~9 941131 ALLIAPiCE MEL~It.AL, IhIC. SUPpLIEti i~",'~o 17EFARTMENT TOTAL =___` ~~5.a5 FUPID TOTAL =____? 3n`}.~5 CITY nF SE~A~_~~_,0 E - ~?1 1~.'(_1~/43 1b:5E+:3~ AiP CLAIMS REPORT APAFyR PAGE: PO # VE?ODOR DE's+=RIFTION AP~IDUHT ---------- ------------------------- ------------------------- ------------- CENTRAL DISPATCH ------------------------------ - ~~QZld SOiTTHt~ESTEPN BELL TELE. E-~'li 1,"'~5,9~± I'EPART1dEt~T TOTAL =___:• 1 t?3~.G4 .~ FUND TCITAL = _ _ _ ? 1. , ?3~ . q~l CIT'i ~UF C''~AS80 CAPITAL IMFRC}'JEl~EiiTS '12~~~/93 15. ~:3? A.''F CLAIMS REPC?RT AFAPVR FAC;E; PO # VEiIDG~R UE~;GRIFTICII~I AtTt7Ui~iT ---------- ------------------------- ------------------------- ------------- FIRE SERVICES 9~t111~ SEMO TAi{?' ~- StiPFL`~ C~? MATER TAtsKER 1,~?`U.uO g4G72? RL~G C~~iiST4 IitC. FIFE STATI~1iI 17.°Sb.`C~ LrEPAF'TMEi~T TC}TAL =___` ~~~,9ii,=,.~U 1 `• ~r ^ 1 FtitdU TOTAL =___. g9,';rE,_,,`t1 GRAiari TCITAL. _-__% c;1~49~~~.~1` i~ IC t_.I TY CIF C!6~A _;StJ /y C:I TY C~ARAt;E 1Lrn2r9? ib:56::T!:j A/F CLAI115 REFOFT APAF~'F. PAGE• PO # VE?iDOR. DE~,CRIPTIOti AMOUtiT ---------- ------------------------- ------------------------- ------------- C.I TY GARACTE ------------------------------ T. 94t!89~ HEYSTC1PdE E~.+'JIFMEi~ii CQ FART'S ?~~,?~ 9409?i WEL'~CO IiiC: O 'YGEI~i!ACETYLEPiE RE:~iTAL 3:~.6~~ X41014 MILEArE MA:=TERS TIRES X11.24 X41016 1URRI EC?UIPME1iT PARTS 1'~G,EO '~41~1 ~ STP.ti`S ~dESTSIDE ATTTC! EL.EC PARTS ^Et,?1 94100 ROti`~ 6dHEEL ALI!3tiP1E1iT ALIGriMEIiT 5C!.00 941.f!69 DOZIER FRIPiTIiiG FkiiiTlti!~ 151.3? 941 t!?~ ~TA?iDARU A?JfiC ! [APPLY F'A~RT~, b 1 , 53 G4111;' CLP.SSIC CHEVRt~LET PAF'T'= 50.44 94111 A €: E DISTRIEUTIPiC~ :=,[iPPLIES 1.3.=,,gC! 941114 C~RAI1~it;E?.Ld t~ ItiC FART'S ?02.54 9411.'3 EVAtiS ELECTRIC: PARTS 450.00 941 ?. L4 tiAFA AUTO FARTS PARTS 1, :~L;9.9C! 9411x5 THOMPSC1ti r>IE=!EL I'iiC REFUTED PUh1P 5?p.Q(! L 941164 BC!LT EC}UIFt~IEtiT FARTS 94.94 941166 REY;lOLDS RAL!IATC~R REPAIR REPAIR '";)C; ~41'16F~ 4Y TRCICK SCtF'FL`t FP.RTS '5.45 94113 CITY t~ARAGE FUEL ~?,? 941:'_4 SC!UTHjdESTERPi E!ELL TELE. i0r93 PLEhAR '?1. ~ry 9412` PSO i C!: ?.3 U~!E 1'.'_1.43 9413E6 OKL.A FiATURAL GP.S 10:'q.3 U:3E 1?C!,C!? 941~'~9 TF:EASURER PETTY C:AL~H REIP~IB PETTY CASH ~•[!C! DEF'ARThIEAiT TOTAL = _ _ _ . 5 ~ 1'6.55 FU>~D TOTAL =___:~ 5,18~.s5 14 i~ VENDOR TRANSFERS CITY GARAGE WORKERS' COMP SELF-INS GENERAL FUND GENERAL FUND TRANSFERS TOTAL CITY OF OWASSO A/P TRANSFER REPORT DESCRIPTION AMOUNT TRANSFER FROM GENERAL FUND 2,333.33 TRANSFER FROM GENERAL FUND 11,512.50 TRANSFER FROM AMBULANCE FUND 7,833.33 TRANSFER FROM E911 FUND 1,250.00 22, 929.16 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/13/93 DEPARTMENT AMOUNT Finance, =d ~~~~ ~S(~ f Munici al Court . P ~ 2~,1 h7 ~ : :::............ ............................... _:: Building Maintenance .... ....................:..:.......:472..1.. Central Dispatch 4,683 03 ::::::::::::::::::: ::::::::::::::.:::::::::..:... Fire 26 949.48 Recreation Center 2 315.07 Park Maintenance 2,472.55 APPROVED: 12-07-93 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/13/93 DEPARTMENT AMOUNT Garage $2,738.23 ;> :.::..::.. .... ::.. ~:.:... 2 ~~~ . . APPROVED: Mayor 12-07-93 Council Member Council Member CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/27/93 ~ DEPARTMENT AMOUNT Finance 4,435.83 ~.:.::>: Municipal..Court..:.:.:..::..........::.»v.,.::::::.::::::..:::.:::::::::: :::::::::::::::.::.....:.:.::::::::::.::::::::.:.<:.;>;.:::::.1,203..86... Building Maintenance 460.95 Central Dispatch.. 5,353.53 ,.., $ {# w Fire 27,219.90 Recreation Center 2,207.42 Park Maintenance 2,472.55 APPROVED: 12-07-93 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/27/93 DEPARTMENT AMOUNT Garage $3,862.44 '~ APPROVED: 12-07-93 Mayor Council Member Council Member ii i~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: M.A. ALEXANDER/CHIEF OF POLICEC~~~ SUBJECT: Camcorders for Cops DATE: December 2, 1993 BACKGROUND The figure which is currently deposited is $12,087.67. Of that amount $6,700 is held by the city with the remaining $5,387.67 held by the Owasso FOP. As you are well aware, the community of Owasso has generously donated funds to purchase camcorders for the police department in Owasso. The City of Tulsa has recently entered into a contract for the purchase of numerous camcorders for their department and has obtained a reduced rate for these pieces of equipment through competitive bid process. On January 14, 1993, members of the Owasso city council approved that Ordinance #455 be passed. This amended Section One, Part VII of the Finance and Budget Administration, Subsection 7-107(6) to allow city entities to utilize competitive bid process provided by cities with a population of over 50,000. In that Tulsa has researched these specifications and has obtained a competitive bid price of the above listed units, the City of Owasso can save both time and money by taking advantage of this recently passed ordinance. The cost of these units under the Tulsa contract is $2,487.00 each. The regular price for these items are listed at $3,295.00. A savings of over $800 per camera can be immediately recognized by utilizing the competitive bid awarded by the City of Tulsa. With the monies currently held in the two accounts, the department can comfortably purchase four camcorders. If it is the city's and city council's attempt to exhaust all the funds which were allotted for this project, five units may be purchased, however the monies readily available will not meet the total cost. The city would have to approve a subsidy of $347.33 to complete the cost of the last unit. i~ These units will be outfitted in patrol vehicles for the observation and detection of intoxicated or impaired drivers on the highway. ~ Additionally, they will serve as an unbias witness to any activity which is taking place during the course of an arrest. These units are commercial grade, completely portable units which are durable and can be transferred to other units as the mission may dictate. _. Complete specifications have been enclosed for your review. The purchase of less expensive systems has been entertained, however the quality, durability, and size of the unit did not warrant further consideration. FUNDING• Funding•for the purchase of the requested equipment is recommended to be accomplished by using all of the $6,700 held by the city plus an additional $347.33 subsity by the city. $3,248 will be obtained from the account maintained by the FOP. FOP officials have been contacted and alerted that this request is being forwarded to the council for action on December 7th. There have been no objections to such expenditures from the FOP. REQUEST• This request is for council approval of the expenditure of the $6,700 currently in the account plus an additional $347.33 for the purchase of five EIS portable video systems as bid by the City of Tulsa (see attached specifications). Additionally the staff request that the council approve a supplemental appropriation to the General Fund Police Department Budget in the amount of $6,700 (see copies of checks received by city). RECOMMENDATION: The staff recommends council approval of a supplemental appropriation to the Police Department in the amount of $6,700, an amendment to the General Fund Revenue estimates increasing revenue by $6,700 and the expenditure of $7,047.33 to EIS COMMUNICATIONS, Tulsa, OK for the purchase of five video recording units as per their contract with the City of Tulsa. Attachments: 1. Correspondence from EIS dated November 19, 1993 2. Equipment Specifications 3. Copies of checks received by the City of Owasso 4. Copy of Ordinance #455. EIS (918) 664-0980 COMMUNICATIONS 4159 S. 88th E. Rvenue Tuko, Oklohomo 74145 Division of EIS Corp. November 19, 1993 Chief Maria Alexander Owasso Police Department 101 N. Main Owasso, OR 74055 Dear Chief Alexander, EIS Communications is the proud recipient of the contract with the City of Tulsa to supply in-car video recorder systems for the Tulsa Police Department. EIS is making available to you and your department this same video system at the bid price of $2,487.00 each for a limited period through December 20, 1993. To be eligible for this City of Tulsa contract pricing, a Purchase Order must be received in our office by November 30, 1993. EIS retail pricing for this in-car video recorder system is $3,295.00 each. Address purchase orders or any correspondence to EIS Communications to the attention of Gary Stuart at 4159 S. 88th E. Avenue, Tulsa, Oklahoma, 74145. If you have any questions feel free to contact myself, Bill Aycock, or Gary Stuart at (918) 664-0980. Our continual goal since 1973 has been to be a complete communications source for professionals like yourselves. When there is any special service we may render you or your friends, I hope you will call on us. , Cordially y~ursr, ~~ -_' en Aery a Vice President KLA:bf I~ E15 ca~nnnuNicariaNs Division of EIS Corp. (9181 664-0980 4159 S. 88th E. Avenue Tulsa, Oklahoma 74145 EIS PORTABLE VIDEO RECORDER SYSTEM The EIS Portable Video System is a multi use 12 VDC, VHS system of modular units; a color recording system with color monitor, built-in recording mic, and speaker, as well as a wireless mic/receiver. The EIS system can be installed and removed from most any location in a matter of a few moments. It's record functions can be activated by three ways, but only stopped by pushing the stop button on the control head. Camera • 1 /2 inch Color CCD Solid State Chip Camera, 12 VDC Powered • Fixed 12mm, F 1.4 Lens with manual focus. • Auto Iris for light adjustment. • Quick disconnect plugs on D.C. power and video out. • Shock Absorbing tilt/swivel mount with adjustable stabilizer. (When attached to a windshield it has the ability to break away on impact). • Light selection switch for day or night operation. • Shutter speed selection switch for day or night operation. VCR • Standard VHS format. • Unit is not time lapse type. • Up to eight (8) hour record mode • 12 VDC powered, no external converters. • Full function (Stop/eject, play, fast forward, rewind, and record) • Time and date generator. • Title generator. • Built for mobile use. • Remote control capable. Temperature Alarm/Shut Down • Unit has temperature sensors to limit VCR use to within equipment operating temperature, limits both low < 40°F and high > 105°F. • Unit gives temperature alarm/shut down indication at control head by LED indication. • Unit will automatically reset when temperature is in operational limits. Wireless Microphone/Receiver Audio Link • 9 volt battery powered transmitter with belt clip. • 12 VDC powered receiver, VHF 170 to 216 MHz with RF output of 50 mw, and dynamic range of 120 db. • The Transmitter and Receiver are digitally encoded and decoded to a specific unit with up to five hundred (500) separate codes (This is to reduce false recordings and cut down on other units from interfering with each other) • Unit has a minimum of five (5) different RF frequencies usable in the Tulsa Area. • Has ability to transmit/receive up to at least 500 feet away from the receiver. (This distance may be shorten by terrain and/or structures) • Belt transmitter has single switch to activate the recorder. • Belt transmitter activates VCR's record mode as it establishes audio link. (VCR must be in ready/record mode) • Has external mounted external BNC antenna connector and BNC mounted antenna. • Belt transmitter has carrying case for duty belt. Control Head Modular Construction to include: • 2.9 inch Color LCD Monitor with volume, tint, color, and brightness control. • Toggle operated master power switch. • Push button controls for VCR (Power, play, stop, rewind, fast forward, and record). Push buttons shall have 3/4 inch or more spacing center to center. Record button will be red. • LED indicators for master power on (green), VCR ready/record (red, steady/blinking), and temperature alarm/shutdown (amber). • Push to listen audio switch. • Internal speaker for audio with amplifier for at least 450mw output. • Concealed control head microphone with pre-amp. • 12 VDC Power Cord. • Provisions for external earphone. • Amphenol main interface cable connector. • BNC connector for camera input coax. • 12 VDC power plug for camera power. • Connector for 12 VDC input to activate the VCR record mode. (When VCR is in ready mode) • Steel mount with tilt/swivel adjustments and quick disconnect from mounted base. • Control head size 6 1 /Z" x 4" x 3 1 /2", plus mount. Interconnection Cable ~ A single unitized cable from control head to VCR case. • Amphenol type connectors at each end. Case • Case material to be impact resistant structural resin of light color. • Case has two (2) positive action latches. • Padlock provisions for two external padlocks (officer and supervisor) • Security/safety cable to secure case, and lock case in place. Lock access inside case. • Shock mounted equipment tray for VCR. • Two (2) fans, one intake and one exhaust. • Case dimensions: 24" x 17" x 8 1/2". • Wireless mic receiver and other associated equipment concealed under equipment tray. • Contains RFI/Noise Suppressor on power input. • Equipment tray mounted fuseholders for VCR, Control Head, fans, and audio equipment. • Case has BNC antenna connector, bulkhead mounted. (BNC Whip Antenna Included) i~ II CITY OF OWASSO 207 SOUTH CEDAR ti N°_ _ 16799 ~ Owasso, OK _ l~l ,11g ~3 FOR C~'~-~y ~~; l~l~~" Y ~rnC~Cl-x~ S (_ 1'~ ~ 6~C 33~ RECEIVED OF ~ ~~~ ~~~(''~On"OV ~~ /Amount '-"' fi ACCT # ~ ~a 0~~ ~ ~ City of Owasso -- `~~~ ~~ ~ ~'' 3500 o ~ OWASSO LODGE NO. 545 A. F. & A. M. ~. ~ < ' MEETING 1ST 8 3RD TUESC~Y - ~ a 3 o OWASSO, OK 74055 o = - ,~ as-~zesi .03, '~ ooY _r.j Zm° Ju1~2J ~s~3_ ~~ ~ ~ o ° PAY r-m~ TO THE ~~' "~ ¢03 oaDEROF Owasso Police D~~ar~m-e~~ $ 3,356.00 ,~. _ ~~~ .; ~'~ ~~ ~~',~ _ ~ -Three thousand three hundr_~d r-ft-~=~ix_,~-A/100 *********** o- RSA ~ O SO LODGE N 545 A. 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R. 7 T'F ..t' ti i.. ~ '.}•F x'F _Y>t ti 1 k'~' r tr ~^'~~ c ~~-'~, ~"- - 1 -' !`~ d 1.~t.x~Kjf " ~'~ .a. _r C.H. +?y,. : ~ <.Y ~y'7' Y ..1 ~ ~, • ~., s s ~~ '> ..F~ ,- ti _ r ~ r Y _, - T r r r t. yy iPtfr ~ ': ~t-.t a s ~ , ~ • ~ +i *-r` rt~ ~`. -^ ~_ ~,~ rs~ ,. _, 'z Tk ' f y T~4k ft T~.- ;7 -~ ' + i''~' ~ £1 r '~ ~ r ~ +3 ~ ~ t ~ r i " •~-~ 'd 7 i i ~ v' ay r r r t t ~ , , .- ~ ~~ ~' + r ~~ ~~ ~ E^ . ~. :~ ti- 5.t i^t~ 1r .:. ~'~re*~ ;~q L~~ 4 ~ ~ .9 ~ _ f C ~~c 4 "qi_ Y r tr, x .l ~~rsM ~~~,n _ ...~:.l eia ~_~-u..--.....-..._1 - ~s.~_:.....~...,,_~... .M.~r-..~- __,~.. ... '~___.._....._ ~.__~....~-....L~..S.i.i:.~... ... ~.........-.u:k......__..__ f{` ~~~~ - __ - _ . OWASSO SERTOMA 17 4 4 ~ x'' ~.i CIVIC CLUB ~' ~ ~ ~~~-r#' ,,~,.,'~~ ,~ l~'.~ i P. O. BOX 381 i' z. `.~ *~'`~``_~.' ' .~ = OWASSO, OK 74055 5 nU(~USt 19 93 ?o-~~a/ip3 ~ } ~{'` ~-'.~sc~'~;~,{,~ i j Owasso Police Department I $ 3344.00 r' ~~ ORDER OF ~ r :r _ ~ _Three Thousand-Thr P Hundred-Fore. Four nd No/100- - - ~~~~~ar,5 ~ « ~ r`T'' 1(~' ' LIBERTY BANS ~ ~, i •, . ~~~.., ', ~ F O BOX 350 . O+.ti:,SSO K ~ ~ - - ~ ^ ' ° O - - 1 " ~' a _r` x _ ~: LO 3 LO 2 588: il'000 c 76 5i' L 74 ~, ~ '`•, _ ; Lam- '-~~...,,.r =-"_--"., __-~----„ - . .. 1 - ._.-._ --_ ,-- __-__ _.. _ . _ ~. r... ...-.- ~ Y_, ..-s .. _ . - .~r .,_... _. - ... _ _. ~ I - - .. .. . ' ~ ~ _ - _ - _ - r. - ?` - _ _ -_ _ ,, r - - o - -a . - i• . _ - urrY ur~ uwA~~u, uiu,~umA ORDINANCE NUMBER 455 ;:::~ 0 r AN ORDINANCE RELATING TO PART VII- FINANCE AND TARATION, CHAPTER ONE- - FINANCE AND BUDGET ADMINISTRATION, ~ SECTION 7-107 -WHEN COMPETIITVE t BIDDING IS NOT REQUIRED, AMENDING SECTION 7-1070 PROVIDING FOR ADDITIONAL E%CEPTION FROM COMPETITIVE BIDDING REQUIItII~IENT, DECLARING AN Ca~~ EFFECTIVE DATE v BE IT ORDAINID BY THE CITY COUNCII. OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Part VII-Finance and Taxation, Chapter One-Finance and Budget Administration, Subsection 7-1070 when Competitive Bidding Is Not Required, is hereby amended to provide as follows, to-wit: (6.) Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefore by the State purchasing agency or any other state agency hereafter authorized to regulate prices for things purchased by the State, or any county purchasing agency or city purchasing agency wherein such county or city has a population equal to or in excess of 50,000 persons, and, Section Two: That this ordinance shall, upon passage, become effective thirty days from the date of first publication as provided by State law. PASSED AND APPROVED THIS 5th DAY OF JANUARY, 1993. i~ ..,,,.,~...., w 'V "AT'1 ~~~. ~• pFFtCt.l'`i S ~~ - ,~~ .,~,~ e Buchanan, City Clerk APP AS TO FORM: City of Owasso, Oklahoma P tricia K. Marlar, Mayor ..~. •~.4 T ~ '. J _ 1 I .. H l0 c w r ` .,, ~° y - ~ C7 = ~ .rm O_ 1 ~c -. ~- _ ~`; C7 .'~ T - J r c; N - - m c~ ~ F ' ~oxnrmuM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROHN MUNN ENGINEERING TECHNICIAN SUBJECT: OWASSO SPORTS-PARK DATE: December 2,1993 BACKGROUND: At the Apri120,1993 meeting, the Owasso City Council unanimously recommended approval of adopting the FY 1993-94 Capital Improvement Plan. In this plan $120,000 was requested for additional improvements of the Owasso Sports-Park(Phase II). The funding for this project is derived from the third penny sales tax and is appropriated annually to priority projects. On May 18,1993 meeting, the Owasso City Council approved the request by staff to begin the process of soliciting bids for installing asphalt on the entrance road to the Owasso Sports-Park. The bid opening was held on June 10,1993 with six bids presented. The staff reviewed all documentation from the lowest and best bidder and prepared a final report to the City Council for approval. During the July 20,1993 meeting, the Owasso City Council approved the staff s recommendation of awarding a contract to APAC, Inc. in the amount of $33,137.50. However, the City was able to reduce the scope of services creating a final payment of $32,962.54. This would leave a balance of $87,032.46 for constructing a softball four-plex and providing lights for two of the softball fields. The staff began making plans for construction of the softball four-plex in early October. Since we were not preparing detailed engineering designs and calculations, two experienced local excavating contractors were called upon to provide insight and evaluate rough construction cost on grading and ~ drainage of the four fields. With this information Contract Documents and Specifications for the Owasso Sports-Park Phase II Grading and Drainage was prepared by late October for soliciting of ' bids in the early part of November. On November 30,1993, a bid opening was held in which five bids were submitted (See attachment). All bids are higher than the initial construction cost evaluations determined by the two local contractors, neither of which ended up submitting a bid. ' However, after reviewing data presented by the bidders, the staff feels the bids are a true and good representation of the work required. In reviewing all bids submitted, everything is in order. The low and best bid was submitted by Continental Concrete of Cushing, Ok. in the amount of $31,500.00. The $31,500.00 is for construction of the softball four-plex and provides for the following scope of services: 1). Preparing all required drainage ditches. 2). Removing the top six inches of topsoil and stock piling it to an area west of the four-plea. 3). Construction of the four-plea by either cut and/or filling. T. 4). Any additional work required to provide a finish product. Topsoil replacement on the playing fields and runways between fields will be accomplished by City crews. FUNDING: The current budget is as follows: 1993-94 CIP allocation $120,000.00 Expended to date -32,962.54 Prop.Phase II G.&D. -31,500.00 LEAVING A BALANCE OF $ 55,537.46 The remaining $55,537.46 will go for lighting two fields of the four-plea. It is anticipated that the construction cost for lighting the two fields will be $64,000.00, but final plans have not been prepared and it may be possible to reduce the cost slightly. This means that unless our evaluations are high we might be short as much as $8,500.00 for lighting both fields. However, at this point it is difficult to determine exactly what we will be able to complete with this years CIP allocation. We will be evaluating all alternatives for lighting, but remain strongly supportive of our current MUSCO products because of successes in the first phase. RECOMMENDATION: The staff recommends Council approval of a contract to Continental Concrete Company, Cushing.Ok. in the amount of $31,500.00 for the purpose of completing PART I of the grading and drainage work for four softball fields as provided for in the bid documents. ATTACHMENT: Bid Documentation ii i~ n I~ i~ I~ CITY OF OWASSO 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 (918) 272-2251 BID DOCUMENTATION -. Opening Date:_ November 30, 1993 Council Approval: Item: Sports Park Gradinq and Drainage Number of Bids: 5 Bids Opened By: Rohn Munn Witness: Sheryl Duggan Witness: Marcia Boutwell Bidders Amount of Bid NAME PART I PART II ALT I PART II ALT 2 1. Oakridge 59,723.00 14,608.00 25,740.00 2. Ken Laster 39,814.85 49,940.85 7,114.07 3. Builder's Unl 44,450.00 5,304.00 23,700.00 4. Gunco Const 84,279.00 8,400.00 25,200.00 5. Continental Con 31,500.00 8,550.00 22,500.00 Certification: I, Marcia Boutwell, Contract Administrator, :, do hereby certify that, to the best of - _ ,.,tL''"~"~~"'"'~ ~l ~ ~ -, my knowledge, this Bid Documentation is _` ,:`'~ C~ ~'~ fit,, ~ , • yr true and correct . ' ~ ~~ -~ ;;- is =~~ g~,:~~~,r~~ c~ Signature• ~ ~~ ,~ -~(-S~) _ ~• ~ 1y Date : ~- ~~r~ ~ ~ }.~.1 ~ •.r .-'k C : •". ~' s ~ ; ;yt4 .. J '. y e ' MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVE COMPTON ASSISTANT CITY MANAGER SUBJECT: CERTIFICATE OF OCCUPANCY DATE: November 30, 1993 ' BACKGROUND: As noted in the attached memorandum from the Occupancy Permit Review Committee, following a decision by the City Council on June 15, 1993 to repeal the annual fee for a business license, the staff was instructed to research the Certificate of Occupancy issuance process and a potential fee structure. There was a concern expressed, that since no fee was currently being charged for ~ this service there might be a need to establish such a fee. It was also requested that the actual staff time required to render the service be analyzed and used as a guide to determine the amount of the fee. The team involved in the Certificate of Occupancy process held several meetings and discussed both the processing time required to complete their individual tasks and alternate fee schedules. It was determined that a small "one time" service fee might be recommended based upon (1) size of the project and (2) proposed use. The team did not expect the fee to cover the entire cost of the services provided, nor did they believe that it should. It was also the opinion that a fee was not of primary importance. What was considered most important was that the Occupancy Permit be established by ordinance and that a penalty for non-compliance be established. We have received a comment from a local business man and Trustee on the Owasso Economic Development Authority, that he believes any service fee would be counterproductive to the concept of economic development. It is his concern that when businesses are starting they need every dollar they can find just to stay open and that charging them any amount for a fee is inappropriate. He strongly supports the need for the Occupancy Permit and a penalty for non- compliance, but suggests that an application fee not be charged. As was noted earlier the review committee as a whole was not strongly supportive of charging a fee and during discussions some of the members expressed the same concerns about the negative impact on a small business. Additional consideration was given to this matter by all committee members after receiving the outside comments. It was determined that the positive impact the revenue generated by charging a fee ($2000-$2500 annually) could have on the City's budget would not equal the potential negative impacts these fees might have on "start-up" businesses. Therefore, the committee decided to forward an amended recommendation to the City Council that deletes a fee being changed for a Occupancy Permit. - The attached Ordinance #473 will establish the Occupancy Permit, but would not require a fee ~ for acquiring the permit. Non-compliance will then be enforced by the Code Enforcement Officer using Section 1 -108, General Penalty of the Code of Ordinances for the City of Owasso. This provision states, "the violation of any provision of this code or any ordinance, upon conviction, shall be punished by a fine, including costs, of not exceeding Two Hundred Dollars ($200.00) or by imprisonment for not more than thirty (30) days, or both such fine and imprisonment. Each day or any portion of a day during which any violation of this code or of any ordinance shall continue shall constitute a separate offense. " ~ RECOMMENDATION: The staff recommends approval of Ordinance #473 ATTACHIVIENTS: (1) Memorandum From Occupancy Permit Review Committee and BOCA Use Classifications (2) Section 1 -108, General Penalty, Code of Ordinances (3) Ordinance #473 ' ~oxnrmuM TO: RODNEY J. RAY CITY MANAGER FROM: OCCUPANCY PERMIT REVIEW CONIlVIITTEE CHARLOTTE WHITE, STEVE CONDRAY BOB ALLEN TED McCORD LISA MELCffiOR STEVE COMPTON COORDINATOR SUBrTECT: FEE SCHEDULE RECONIlVIENDATION DATE: October 11, 1993 BACKGROUND: Following action taken by the City Council on June 15, 1993 to repeal the annual fee for a business license, the staff was instructed to research the Certificate of Occupancy issuance process and a potential fee structure. There was a concern expressed, that since no fee was currently being charged for this service there might be a need to establish such a fee. It was ' also requested that the actual staff time required to render the service be analyzed and used as a guide. ' The team involved in the Certificate of Occupancy process held several meetings and discussed both the processing time required to complete their individual tasks and alternate_fee schedules. It was determined that for a small remodelling project, there would be an estimated 1.5 hours ' needed for completing code enforcement, billing, and clerical tasks. In addition, it would be necessary for the building inspector and fire chief to each make two visits to the project (lhr. ~ for each visit = 4hr.). This would mean, if no major problems were encountered, a Certificate of Occupancy for a small business remodelling project would cost the City approximately $100.00 in staff time. ' A major remodelling project (Bud's Discount Warehouse) can require the building inspector and fire chief to inspect the project several times just to inspect final occupancy requirements. An ' increase in their time will also increase the clerical and coordination efforts. Such a project can cost $600.00 or more in staff time. However, the cost associated with the time spent on the average request will generally vary between $150.00 and $200.00. The team also determined that the two principle factors most effecting the time necessary to properly process a Certificate of Occupancy are, (1) size of the project and (2) proposed use. A small store-front business inspection is much simpler to process than a large industrial project inspection. Because of this, it was decided to recommend a variable fee schedule based on both size and use (see attached BOCA Use Classifications). It was also anticipated that we would not be able to recoup all of the cost associated with personnel time spent on each project. RECONIlI~NDATION: The team recommends that the following fee schedule be submitted to the Council as an ordinance for their consideration and action. It is further recommended that included within the ordinance there be a provision addressing non-compliance, with the penalty being as stated in Section 1-108, General Provisions of the Code of Ordinances for the City of Owasso (see attachment). CERTIFICATE OF OCCUPANCY FEE SCHEDULE BOCA Size of Structure (Sq.Ft.) Use Group 0-2500 2500-10000 Above 10000 A $50 $100 $150 B $50 $100 $150 E $50 $100 $150 F* $100 $150 $150 H $150 $150 $150 I $100 $150 $150 M* $100 $100 $150 R-1 $100 $150 $150 S* $50 $100 $150 U $50 $100 $150 * Except where use involves highly comb ustible, flammable or explosive uses, in these cases the fees shall be $150. Note: A Certificate of Occupancy is required for new construction projects; however, since the Building Permit fees include fees for inspections, the fee for the Occupancy Permit is waived. ATTACHMENTS: (1) BOCA Use Classifications (2) Section 1-108, General Provisions, Code of Ordinances 1 CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 473 II I I i~ AN ORDINANCE RELATING TO PART 5, BUILDING REGULATIONS AND CODES, CHAPTER 1, BUILDING CODE AND PERMITS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ADOPTING AS SECTION 5-108 THEREOF CERTIFICATE OF OCCUPANCY REQUIREMENTS, RENUMBERING REMAINING SECTIONS, DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THL~ CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TfiAT: Section One: Part ~, Building ReguJ.ations and Codes, Chapter l., Building Code and Permits of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended in the following manner, to- w].t: Section 5-108 A. A new building, with the exception of one (1) and two (2) unit residential1dwellings, shall not be occupied nor shall a change if- the use of a building or a part of a building or lot, parcel or tract of land be made until after the issuance of a certificate of occupancy therefor. ' B. The certificate of occupancy shall be issued by the community development department only after satisfactory evidence of the applicant's compliance with all applicable code provisions. Section Two: The existing Section 5-108 - Review Building Permits, Subdivision, and Water and Sewer Plants for F1oodPlain Purposes; Section 5-109 - Penalty and Section 5-110 -Relief in Courts shal]. be renumbered as Sections 5-109, 5-110 and 5-111 respectively. Section Three: This ordinance shall take effect thirty (30) days from the date of it's first publication as provided by State Law. CITY OF OWASSO, OKLAHOMA II ~ ~ By: Bob Randolph, Mayor ATTEST: ` Sherry Bishop, City Clerk TO FORM: D. Cates, City Attorney oword93.cp5 ~ox~rrDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVE COMPTON ASSISTANT CITY MANAGER SUBJECT: INCREASE IN TOTAL AMOUNT FOR BUDGET MODIFICATION #1 (CONTRACT #5252 CDBGED92) DATE: November 30, 1993 BACKGROUND: In August of 1993, based upon a letter from the Oklahoma Department of Commerce (ODOC), the Council approved a budget modification increasing the total grant amount for the above-cited project by $47,810.23. Since that time the ODOC has been in the process of completing their final documentation on the modification. On November 8, 1993 we were notified that the final increase will be $48,113.00 or $303.00 more that initially anticipated. Therefore, it is requested that the Council approve the increase of $303.00 in the total amount of Budget Modification #1 to Contract #5252 CDBG-ED92. Total amount of the grant is now $199, 316.00. Attached is a background memorandum addressing this issue when it came before the Council for initial action. Note: As stated when the budget modification was initially approved, this increase does not require any additional monies from the City. RECOM1VViEENDATION: The staff recommends approval of an increase in Budget Modification #1 to Contract #5252 CDBG-ED92 by $303.00 and that the mayor be authorized to execute such documents. ATTACHMENT: Memorandum to Council Dated July 29, 1993 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO _, FROM: STEVE COMPTON ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT SUBJECT: ODOC INFRASTRUCTURE GRANT PROJECT #5252 CDBGED92 BUDGET REVISION/CONTRACT MODIFICATION #1 DATE: July 29, 1993 BACKGROUND: At the December. 1, 1992 City Council meeting, the Council accepted ODOC Grant Project #5252 CDBG-ED92. The total grant was for $151,203.00 and was provided to design, construct, and administer the overall project. The budget for the sub-parts of the project was as follows: (1) Wastewater Main Extension $20,991.00 (2) Water Main Extension $35,249.00 (3) Street Extension $72,008.00 (4) Administration Services $ 7,341.00 (5) Engineering Services $15,614.00 The Council awarded a contract to INCOG for administration services and `to Sack and Associated, Inc. for engineering services the remaining $128,248.00 of the grant was programmed for actual construction. The construction drawings and bid documents were then prepared and submitted to the Council. On June 15, 1993 the Council authorized the staff to begin the process of soliciting bids for the construction of the infrastructure. Four bids were opened July 15, 1993 with the lowest bid being $177,612.20. Early in the engineering design process a "preliminary estimate" had been completed by the engineer to assist the staff with the "Release Of Funds". This estimate indicated to the staff that the project could be constructed for the grant amount of $128,248.00. Since that time, additional soil borings were completed in the area where the wastewater main lines are to be located. The analysis of the data from those borings indicated that there was a significant amount of rock in this area that was not initially anticipated. Discussions the engineer had with 9~ ,~~ ~, 1 the contractors during the last part of the bidding process also indicated that construction in this area would be more costly than anyone initially expected. 5 ~, Immediately following the bid opening the staff contacted ODOC and was instructed to submit a budget revision and justification for the change. The proper documentation and justification was submitted to ODOC for their review. Approval of a budget revision for an additional amount of $47,810.23 has been received from ODOC (see attached letter from Sherwood Washington). If approved by the Owasso City Council the revised budget will be~.a~ follows: ~. (1) Wastewater Main Extension $65,337.00 (2) Water Main Extension $35,469.03 " (3) Street Extension $79,675.20 k (4) Administration Services $ 7,341.00 (5) Engineering Services $11,200.00 The total grant amount will increase from the original amount of $151,203.00 to the revised amount of $199,013.23. No additional local fund are required as a part of this budget revision. " RECOMI~~NDATION: The Staff recommends Council approval of the budget revision and subsequent modification in the grant contract increasing such by $47,810.00 and that the Mayor be authorized to execute the necessary documents. ATTACHMENT: ODOC Letter From Sherwood Washington 1 1 DAVIa WuTFag GOVfANOR July 29, 1993 Mr. Steve Compton, Assistant City Manager City of Owasso 207 S. Cedar Post Office Box 180 Owasso, Oklahoma 74055 GAEQ Mux SeCR£TARy Of COiftMERCF RE: Community Development Block Grant -Economic Development Financing (CDBG- EDF), City of Owasso / Max Buchanan Company, Contract #5252 FY'92, Request for Budget Modification and Additional $47,810.23 in CDBG-EDF Resources Dear Mr. Compton: We are in receipt of your request to modify your project's budget. My staff is currently completing the paperwork for the request and have completed their review of your budget modification and request for an additional $47,810.23 in CDBG-EDF resources. The purpose of this letter is to inform you that 1 have approved your request and see no reason why the City cannot proceed with the construction contract award. I have been informed that you are in need of this letter in order for you and the City to use next Tuesday evening in order to be able to award your project's construction contract to the project's most responsivelreasonable bidder. This letter will soon be followed by the formal paperwork to enable the chanbe to take place. Your cooperation in that matter will be greatly appreciated. It is our hope that this approval has met with your project's time frames. Should you have any questions about the content of this letter or about the budget modification, please feel free to contact Kirk Grau or Michael Jones of my staff. Sincerely, eS~~~gton Director Division of Community Affairs and Development SW:awb OKLAHOMA DEPARTMENT Qf COMMERCE ~oRaNnuM TO: THE HONORABLE MAYOR AND CITY COUNCII. CITY OF OWASSO FROM: STEVE COMPTON ASSISTANT CITY MANAGER SUBJECT: SUPPLEMENTAL APPROPRIATION TO ECONOMIC DEVELOPMENT DEPARTMENT GF.NF~RAI. FUND BUDGET DATE: November 30, 1993 BACKGROUND: As a result of the increase in the grant budget (Budget Modification #1, Contract #5252 CDBG- ED92) it is requested that there be an increase in the Economic Development Department's General Fund budget by $303.00 in order to match the total grant amount. RECO11~1~NDATION: The staff recommends approval of a supplemental appropriation to the Economic Development Department budget in the amount of $303.00. MEMORANllUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO REDUCE TRANSFER TO CEMETERY CARE FUND DATE: December 1, 1993 BACKGROUND: Title 11 O.S., Section 26-109, requires that "In all municipally owned cemeteries where lots are sold or charges made for interments, not less that 12.5 % of all monies received from the sale of lots and interments shall be segregated and set aside as a permanent fund to be known as the tl tl ?:::::::'F,:i::i::i::i:::i: `:i:::' ';::::is:i:::::::i::i:::::.:::.i:::i::: '.:i::::::..>'.."' '~. '::::: Cemete Care Fund see attachment for full statute text). vlt~tl~~€~ep~~~`<~;I fih~:>::::: ued;;;~rans~,:;.n.:::;~t~:.:a~~:,>n~sv~el; However, the 1993 legislature passed HB 1522 which reduced that required transfer from the original 25 % to the current 12.5 % . ^ ~ The November 16th issue of the City Manager's Report contained a memorandum from Ms Bishop (memorandum dated 10/29/93) outlining the 1993 legislative changes relating to the ' percentage of cemetery revenue required to be placed in the Cemetery Care Fund. The purpose of this agenda item is to propose a change in city policy that would reduce the percentage of money transferred to that fund. Such a reduction is now allowed because of the changes referred to above. The purpose of the Cemetery Care Fund is to require that cities make some arrangements for the long term maintenance and expansion of cemetery facilities. Allowable uses of the funds include the purchase of land and capital improvements for the cemetery. As Ms Bishop has noted in her memorandum (see attached), Owasso's Cemetery Care Fund has a $93,000 cash balance and no long term expansion plans. Therefore, she has recommended that the percentage of monies transferred to the Cemetery Care Fund be reduced to the allowable 12.5 % . Based on current budget projections, such a policy change would reduce the total annual transfer from $7750 to $3875. Memorandum Cemetery Care Fund December 1, 1993 Page 2 NOTES & COMMENTS: 1. The revised state law does not prohibit the continued transfer of 25 % should the council desire to retain that policy. 2. The staff is of the opinion that the long term maintenance needs for the existing cemetery can be met with the existing cash balance and an ongoing 12.5 % transfer. The reduction in the amount transferred should not have a significant impact on the operation or maintenance of the facility. ~ 'I 3. Please note that the most recent cemetery study indicates that, at current rates of lot sales and interments, the existing cemetery will have lots for sale for 6.82 more years (until 1999+) and will conduct interments for another 50.85 years (until 2043). Thus, it is anticipated that revenue will be stable through 1999. Thereafter, there will be a decrease in revenue due to the fact that there will be no lot sales (lot sales make up 65% of cemetery revenue). 4. It is anticipated that the city will not expand its current cemetery operation or size and will instead rely upon the private sector to meet the citizen demand for cemetery space in the future years. Please note that such opinion is a staff assumption based on discussions conducted over the past six years with various councilors and private sector providers. A change in that assumption would require long term planning and a major commitment of funds, as well as a continuing subsidy for the existing cemetery. RECOMMENDATION: The staff recommends Council approval of a change in the policy relating to the transfer of a percentage of the monies collected from cemetery lot sales and interments and that the staff be directed to prepare an ordinance reducing such transfer to the Cemetery Care Fund from 25 to 12.5 %. ATTACHMENTS: '~ 1. Memorandum from Ms Bishop 2. Title 11, O.S., Article 26 (cemeteries) II II ~ ~o~~ 1 TO: RODNEY J RAY ' CITY MANAGER ^ FROM: SHERRY BISHOP FINANCE DIRECTOR ~.,, SUBJECT: CEMETERY CARE FUND DATE: December 1, 1993 ^ BACKGROUND• ' The cemetery care fund is required by state statutes to "be expended for purchasing lands for cemeteries and for making capital improvements if necessary." Until recently, state law required that 25 % of all monies received from the sale of lots and interments be set aside in the cemetery ' care fund. Effective September 1, 1993, the amount required to be segregated in the cemetery care fund was reduced from 25 % to 12.5 % (HB 1527). ' The cemetery care fund currently has a cash balance of over $93,000. The amount budgeted to transfer from the general fund for FY 1994 is $7,750. Budgeted interest revenue for the year is $3,500. ~ The state law change does not prohibit the continued transfer of 25 % of revenues. However, the greater revenue amount seems unnecessary with the current fund balance and no plans for future cemetery expansion or major capital improvements. ~ RECOMI~~NDATION• ' I recommend the monthly revenue transfer be reduced to 12.5 % beginning with the December transfer (of November revenues). ARTICLE BBV (RESERVED) ARTICLE %%VI CEMETERI E S Part 1. General Provisions Section 26-101 Authority to Purchase and Regulate 26-102 Power to Acquire and Control Land for Cemeteries 26-103 Conveyance of Cemetery Lots - Abandoned Lots 26-104 Conveyance or Devise of Lot in Truet 26-105 Rules and Ordinances - Penalties and Fines 26-106 Board of Cemetery Trustees - Appointment and Creation 26-107 Powers and Duties of Cemetery Trustees 26-108 Cemetery Expenses and Collections 26-109 Cemetery Care Fund - Purchase of Lands - Investment of Fund 26-110 Reports of the Cemetery Board of Trustees 26-111 Lien on Cemetery Lots for Upkeep Charges - Enforcement 26-112 Removal of Remains to Other Grave sites - Unmarked Graves Part 2. Trusts for Perpetual Care 26-201 Trusts_,for Special Care of Specified Lots - Perpetual Care Fund - Uae 26-202 Trustee of Perpetual Care Fund - Appointment - Duties 26-203 Perpetual Care Fund Receipts - Cemetery Record 26-204 Perpetual Care Fund Loans - Approval 26-205 Bond and Oath of Perpetual Care Fund Trustee 26-206 Clerk to Advise Court on Sufficiency of Trustee's Bond 26-207 Payment of Trustee's Expenses 26-208 Trustee Reports 26-209 Removal or Death of Trustee 26-1 ARTICLE %%VI CEMETERIES PART 1. GENERAL PROVISIONS SECTION 26-101. AUTHORITY TO PURCHASE AND REGULATE A municipal governing body shall have the power to purchase, lay out and regulate cemeteries. The powers over cemeteries which are granted to a municipal governing body in this section include, but ' are not limited to, cemeteries used or dedicated for interment of animal remains. SECTION 26-102. POWER TO ACQUIRE AND CONTROL LAND FOR CEMETERIES A municipal governing body may acquire, by purchase, donation or otherwise, and control lots or parcels of land within and without the limits of the municipality as the governing body deems necessary for cemetery purposes. When lots or parcels are so acquired, the title shall vest in the municipality. The governing body may sub divide or plat any of the lots or lands into suitable parcels for burial purposes and make such disposition thereof as will in the judgment of the governing body best serve the purpose for which they were acquired. Any lands so acquired shall thereafter be exempt from taxation, and the governing body may pay and discharge any assessments against the lands for the improvement of streets or the construction of sewers. The governing body shall provide for the ,grading, fencing, ornamenting and improvinq.of all~buria~l and cemetery ' grounds owned by the municipality and the avenues leading thereto, and may construct walks and plant and protect ornamental trees and shrubs therein, and provide for paying the cost thereof. ' SECTION 26-103. CONVEYANCE OF CEMETERY LOTS - ABANDONED LOTS ~ Lots in a municipal cemetery shall be conveyed by certificate signed by the mayor and countersigned by the clerk, under the seal of the municipality. The certificate shall show the price for which the lots ~ are sold and specify that the person to whom it is issued is the owner of the lot or lots described therein by number, as laid down in the plat, for the purpose of interment. The certificate shall vest in the purchaser and hie heirs a right to the lot or lots, for the sole purpose of interment, under the 26-2 regulations of the governing body or board of cemetery trustees. The certificate shall be entitled to record in the office of the county clerk of the county in which the lot is situated without further acknowledgment, and the description of lots by number shall be sufficient for the purpose of record. All abandoned lots or spaces of lots shall revert to the municipality. SECTION 26-104. CONVEYANCE OR DEVISE OF LOT IN TRUST Any burial lot in any cemetery owned by a municipality, or by an association incorporated for cemetery purposes under the laws of Oklahoma, may be conveyed or devised by the owner back to and held by such company, municipality, or association in perpetual trust for the purpose of its preservation as a place of burial. The lot so conveyed shall thereafter remain forever inalienable by act of the parties, but the right to use the same as a place of burial of the dead of the family of the owner and his descendants from generation to generation shall remain, unless the deed of conveyance in trust shall provide that interments in such lot shall be confined to the bodies of specified persons, in which case the lot shall be forever preserved as the burial place of the persons specified in the deed and shall never be used for any other purpose what ever. However, no conveyance in trust shall be made without the consent of the cemetery company or association in whose cemetery the burial lot is located, or of the governing body or board of cemetery trustees of the municipality. SECTION 26-105. - RULES AND ORDINANCES - PENAL- TIES AND FINES The governing body may pass rules and ordinances to regulate, protect, and govern the cemetery, the owners of the lots therein, visitors therein, and to punish trespassers therein. The governing body may limit the number of lots which may be owned by the one person, corporation or association at the same time, and may prescribe rules for enclosing, adorning and erecting monuments and tomb stones on cemetery lots; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or lots. The governing body may prohibit any division of the use of lots and any improper adornment thereof. The officers of the municipality shall have full jurisdiction and power to enforce such rules and ordinances as if they related to the municipality itself. Penalties and fines not 26-3 i~ II exceeding One Hundred Dollars ($100.00) or thirty (30) ' days in jail may be imposed for violation of such rules and ordinances. ' SECTION Z6-106. BOARD OF CEMETERY TRUSTEES - APPOINTMENT AND CREATION Where a cemetery is owned by a municipality, the governing body may provide by ordinance for the creation and appointment of a board of cemetery trustees. The board of cemetery trustees shall consist of three (3) members. The term of each member ' shall be six (6) years, except that when the board is first appointed, one member shall serve a term of two (2) years, one member shall serve a term of four (4) years, and one member shall serve a term of six (6) years. SECTION 26-107. POWERS AND DUTIES OF CEMETERY ' TRUSTEES The board of cemetery trustees shall have charge of and control of the municipal cemetery, and shall be ' authorized to: 1. Make rules and regulations governing the management, improvement and establishment of the ceme- ' tery; 2. Fix the price for which lots shall be sold or for which an interment shall be made; and ' 3. Appoint all officers necessary for the control and management of cemeteries, including a cemetery superintendent, subject to the approval of ~ the municipal governing body. ' SECTION 26-108. CEMETERY EXPENSES AND COLLEC- TIONS All monies received by the board of cemetery trustees from the sale of lots or from interments or from any other source shall be paid daily to the municipal treasurer, who shall deposit the same in the municipal treasury. Expenses incurred for the upkeep, repair, and adornment of the municipal cemetery may be paid by the municipal treasurer upon proper warrants. (Amended, effective 11/1/84). 26-4 SECTION 26-109. CEMETERY CARE FUND - PURCHASE OF LANDS - INVESTMENT OF FUND In all municipally owned cemeteries where lots are sold or charges made for interments, not less than twenty-five percent (25$) of all monies received from the sale of lots and interments shall be segregated and set aside as a permanent fund to be known as the "Cemetery Care Fund." The Cemetery Care Fund principal shall be expended for purchasing lands for cemeteries and for making capital improvements as defined in Section 17-110 of this title, if necessary. The balance of the fund may be invested in the manner provided by law for investment of municipal funds. The interest from the investments shall be used for the same purposes as the principal or in improving, caring for, and embellishing the lots, walks, drives, parks, and other necessary improvements on such cemeteries. (Amended, effective 4-29-91). SECTION 26-110. REPORTS OF THE CEMETERY BOARD OF TRUSTEES The board of cemetery trustees shall, on the first Mondays in January and July of each year, make a full report to the municipal governing body of all lots sold, interments made, and all moneys received and expended by the board in and about the cemetery. SECTION 26-111. LIEN ON CEMETERY LOTS FOR UP '' KEEP CHARGES - ENFORCEMENT M A. Any municipality which owns a cemetery, or any board of cemetery trustees of a cemetery owned by an association. .incorporated ,for cemetery purposes under the laws of Oklahoma, shall have a lien on any unused lot when a written contract provides for upkeep payments on such lot and the upkeep payments have been unpaid for a continuous period of five (5) years. Where more than one lot has been purchased in a group of lots, and at least one of the lots has been used in that group of lots, the provisions of this section shall not apply. B. After filing the lien with the clerk of the district court in the county in which the cemetery lot is situated, the lien may be enforced by civil action. The practice, pleading and proceedings for foreclosure in such action shall conform to the rules prescribed by the code of civil procedure as far as they may be applicable. ^ 26-5 ~ SECTION 26-112. REMOVAL OF REMAINS TO OTHER GRAVESITES - UNMARKED GRAVES When the bodily remains of an unknown person are discovered in an unidentified and unmarked grave of a municipally owned and operated cemetery, the remains may be removed to some other gravesite within the cemetery, at the expense of the municipality, if no record exists as to a sale or conveyance of the lot and the municipality is without knowledge that a body had been buried in the gravesite, in the event the lot is sold to another person. An application for approval of the disinterment and removal of the bodily remains shall be first filed with, and approval obtained from, the State Health Department. PART 2. TRUSTS FOR PERPETUAL CARE SECTION 26-201. TRUSTS FOR SPECIAL CARE OF SPECIFIED LOTS - PERPETUAL CARE FUND - USE Donations, deposits or bequests may be made in trust for the special care of specified lots, monuments or mausoleums in any cemetery. These funds shall be segregated and set aside as a permanent fund to be known as the "Perpetual Care Fund". A separate ' account shall be kept of each amount so deposited, donated and bequeathed for special care of specified lots. The perpetual care fund may be invested in like manner as the cemetery care fund, and only the interest derived from the fund shall be used in the care, maintenance and repair of such lots, monuments and mausoleums, unless otherwise specified by the donor. SECTION 26-202. TRUSTEE OF PERPETUAL CARE FUND - APPOINTMENT - DUTIES Any municipality which owns a cemetery, or twenty-five of the lot owners in the cemetery, may petition the district court in the county where the cemetery is situated for the appointment of a trustee to be the trustee of the perpetual care fund. The trustee of the fund shall receive the perpetual care funds, as provided in Section 26-201 of this title, and any other funds which may be donated, deposited or bequeathed to the cemetery or any part thereof, as a perpetual care fund. The trustee shall invest, manage and control the fund under the direction of the judge of the district court. 26-6 SECTION 26-203. PERPETUAL CARE FUND RECEIPTS - CEMETERY RECORDS Every trustee of a perpetual care fund shall execute and deliver to the donor a receipt showing the amount of money received, and the use to be made of AI the net proceeds from the money. The receipts shall be attested by the clerk of the court granting letters of trusteeship and a copy thereof shall be signed by the trustees of the cemetery board. The receipts so attested shall then be filed with and recorded by the court clerk in a book to be known as the "Cemetery ~ Records," in which shall be recorded all reports and other papers, including orders made by the court or judge relative to cemetery matters. SECTION 26-204. PERPETUAL CARE FUND LOANS - ~ APPROVAL The perpetual care fund trustee may loan moneys received by him under the direction and with the approval of the court, but only as such loans may be secured by first mortgages upon Oklahoma real estate. No loan shall be made or approved unless it be made to appear to the court that the real estate is ample +~ security for the loan applied for, and that the title to the real estate is good of record and in fact in the party making application for the loan. SECTION 26-205. BOND AND OATH OF PERPETUAL CARE FUND TRUSTEE The trustee of the perpetual care fund, before entering on the discharge of his duties or at any time thereafter when required by thg court or judge, shall give bond in such amount as may be required by the court, to be approved by the court clerk, conditioned for the faithful discharge of the duties imposed upon the trustee by law. The trustee shall take and subscribe an oath the same in substance as the condition of the bond. The oath and bond shall be filed with the court clerk. SECTION 26-206. CLERK TO ADVISE COURT ON SUFFI- CIENCY OF TRUSTEE'S BOND a~ The court clerk, at the time of filing each receipt as provided in Section 26-203 of this title, ', shall immediately advise the court or judge as to the amount of the principal fund in the hands of the trustee, the amount of bond filed, and whether or not ,~ the bond is good and sufficient for the amount given. The court or judge may require, if it seems best, a .V 26-7 ' new and additional bond of the perpetual care fund trustee. SECTION 26-207. PAYMENT OF TRUSTEE'S EXPENSES The trustee of a perpetual care fund shall not be entitled to receive any compensation for services rendered, but may, out of the income received, pay all proper items of expense incurred in the performance of his duties, including cost of bond, if any. SECTION 26-208. TRUSTEE REPORTS Every perpetual care fund trustee shall make a full report to the district court of his doings in the matter of his trusteeship in the months of January and July following his appointment, and in January and July of each successive year. In each of the reports he shall apportion the net proceeds received from the sum total of the permanent fund and make proper credit to each of the separate funds assigned to him in trust. SECTION 26-209. REMOVAL OR DEATH OF TRUSTEE A perpetual care fund trustee may be removed by the court or judge thereof at any time for cause. In the event of removal or death, the court or judge must appoint a new trustee and require his predecessor or his personal representative to make full accounting for all the property belonging to the trustee. _. , 26-8 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWA5S0 FROM: TIMOTHY ROONEY -- CITY PLANNER SUBJECT: ORDINANCE NO. 472 DATE: November 30, 1993 BACKGROUND: At the November 23, 1993 special meeting, the Owasso City Council unanimously recommended approval of a text amendment to the Owasso Zoning Code in order to allow for the construction of homes within all residential districts to reach a height of 30 feet (from the average ground elevation at the building wall to the top of the ceiling of the highest habitable floor). Attached is a copy of Ordinance No. 472 which formally adopts the City Council's amendment action, as well as an emergency clause which would make it effective immediately upon publication. RECOMMENDATION• Staff recommends Council approval of Ordinance No. 472. ATTACHIVIENTS• 1. Ordinance No. 472. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 472 AN ORDINANCE AMENDING PART TWELVE (12) PLANNING, ' ZONING AND DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS, SECTION 12-201 ZONING REGULATIONS ADOPTED, CHAPTER FOUR (4), RESIDENTIAL DISTRICT ' PROVISIONS, AMENDING SECTION 430, "BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS", REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONFLICT -- HEREWITH, AND DECLARING AN EMERGENCY TO ERIST. ~ BE TT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: tion 1. That Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, Section 12-201, Chapter Four (4), Residential District Provisions, Section 430, "Bulk and Area Requirements in Residential Districts," should be, and hereby is amended to address height limits in residential districts. Said Section 430 to read as follows: ~ BULK AND AREA REQUIREMENTS IN THE RE, RS. AND RM DISTRICTS RE RS-1 RS-2 RS-3 RD RTH RM-1 RM-2 STRUCTURE HEIGHT 30* 30* 30* 30* 30* 30* 30* 30* Residential dwelling structure height is more specifically defined as the vertical ~ distance measured from the average ground elevation at the building wall to the top of the ceiling of the highest habitable floor and that height shall be a maximum of 30 feet. ection 2. That all ordinances or parts thereof in conflict herewith ~ are hereby expressly repealed. Those portions consistent herewith remain unaffected hereby. ection That an emergency exists for the preservation of public ~ peace, health, and safety, by reason whereof, this Ordinance shall take effect from and after its passage, approval and publication. PASSED and the emergency clause ruled upon separately and approved this 7th day of December, 1993. Bob Randolph, Mayor '~ ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney i~ i~ ~o~~ TO: ' FROM: SUBJECT: DATE: BACKGROUND THE MAYOR AND COUNCIL CITY OF OWASSO TIMOTHY ROONEY CITY PLANNER FINAL PLAT - MINGO COMMERCE CENTER November 29, 1993 The Owasso Planning Commission reviewed the preliminary plat for Mingo Commerce Center at its October 21, 1993 meeting. At that meeting, the Planning Commission unanimously recommended approval of the preliminary plat for Mingo Commerce Center contingent upon the +~ recommendations by city staff and the Technical Advisory Committee being met. The Technical Advisory Committee reviewed the final plat for Mingo Commerce Center at its November 3, 1993 meeting. Submitted for review at that meeting were copies of the revised plat, covenants, and construction plans. Attached are comments from both planning staff and ' engineering staff regarding the submittals. Please note that there are only comments from city personnel as no utility company representatives had any objections to the final submittal. The Planning Commission reviewed the final plat for Mingo Commerce Center at its November 18, 1993 meeting and unanimously recommended approval of the final plat. The final plat and covenants enclosed within your packet have been reviewed by staff and reflect the changes recommended by the Technical Advisory Committed. As a result, staff has no objections to the request for final plat approval. RECOMMENDATION Noting that all of the staff recommendations have been met, staff recommends approval of the final plat for Mingo Commerce Center. ATTACHMENTS 1. Staff recommendations for the final plat. 2. Covenants for Mingo Commerce Center. ENCLOSURES 1. Mingo Commerce Center final plat. ~, MEMORANDUM TO: OWASSO TECHNICAL ADVISORY CONIlVIITTEE FROM: TIM ROONEY, CITY PLANNER SUBJECT: COMMENTS REGARDING OKLAHOMA BAPTIST RE CENTER II AND MINGO COA~IlVIIItCE CENTER DATE: November 2, 1993 The following are Planning Department comments for the Technical Advisory Committee Meeting on November 3, 1993. Engineering Department comments are also attached. OKLAHOMA BAPTIST RETIREMENT CENTER II 1. Change building line on the north side of Lot 1 to 20 feet to be consistent with the building line provided on the south side of Lot 5. 2. Access to lots will be permitted from 122nd East Avenue ONLY. 3 Show all off-site utility easements on the plat. MINGO COMI~~RCE CENTER 1. 17.5' perimeter utility easement should be continued through the detention easement. 2. Show condition of adjacent properties (platted, unplatted, etc.) 3. Show P.O.B. 4. Add "Sheet 1 of 2" if the covenants will be on a separate page. 5. Shorten the west island on 80th Street to accommodate for better vehicular movement. MEMORANDUM TO: TIM ROONEY, CITY PLANNER FROM: OWASSO ENGINEERING DEPARTMENT SUBJECT: CONEVIENTS REGARDING OKLAHOMA BAPTIST CENTER II AND MINGO COMMERCE CENTER DATE: November 1, 1993 The following are Owasso Engineering Department Comments for the Technical Advisory Committee Meeting on November 3, 1993. OKLAHOMA BAPTIST RETIREMENT CENTER II 1. Manhole rims need elevations shown (I.amphole as well). 2. Maximum length between manholes should not exceed 300 feet. 3. Show all existing utilities on plans. 4. Show all off-site utility easements on the plat. 5. Update the detention report and include the "drainage area" map. 6. State type of 8" sanitary sewer (i.e. SDR, etc.) 7. All plans shall be signed and sealed by a registered professional engineer. 8. A minimum 2' clearance is needed at water line crossing between manholes 2 and 3. 9. Location of existing manhole "A" is needed. MINGO COMI~~RCE CENTER 1. Submit a new detention report. 2. Show existing force main on the north side of Lot 1. 3. Engineer needs to make sure that proposed parking area & driveway use will not damage existing sewer. 4. Will the area of "removed asphalt" include re-seeding or sodding? 5. Indicate areas where erosion control measures are to be utilized. i~ ~' ENGINEERING CONIlVIENTS CONTINUED 6. Verify the new storm sewer, with these improvements, will not cause the existing storm sewer to exceed capacity. 7. Is a large enough radius provided for vehicular movement? (Move the' west island further west) 8. Make sure junction box #1 is suitable for Ii-201oading. 9. Provide typical curb and gutter section. 10. Show QS and Q100 in storm sewer. 11. Show dimension of storm sewer in easement along the west boundary line. 12. Provide a utility easement to cover the FJW storm sewer from structure 2 to 3. 13. Show joint layout detail on driveway. 14. Provide cross sections throughout detention pond. 15. Identify what will be in the bottom of the pond. 16. Identify the dashed line to the north of structures 2 and 3 on the construction plans. CERTIFICATE OF DEDICATION KNOW ALL PERSONS BY THESE PRESENTS, THAT MINGO PROPERTIES, A GENERAL PARTNERSHIP HEREINAFTER SOMETIMES CALLED "GRANTOR" IS THE OWNER OF THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE CITY OF OWASSO, TULSA COUNTY OKLAHOMA, TO-WIT: ' APART OF LOT ONE (1), BLOCK TWENTY (20), ELM CREEK ESTATES FIRST ADDITION. AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING-- AT THE ' NORTHWEST CORNER OF SAID LOT 1, BLOCK 20; THENCE EAST ALONG THE NORTH LINE OF SAID LOT ONE (1), A DISTANCE OF 282.51 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING EAST ALONG THE NORTH LINE OF SAID LOT ONE (1), A DISTANCE OF 330.97 FEET; THENCE DUE SOUTH A DISTANCE OF 622.67 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT UNE (1); THENCE DUE WEST ALONG THE SOUTH LINE OF SAID LOT ONE (1), A DISTANCE OF 323.70 FEET TO A POINT IN THE SOUTH LINE BEING 255.00 FEET OF THE SOUTH WEST CORNER OF SAID LOT ONE (1); THENCE N 00°40' 07" W A DISTANCE OF 622.88 FEET TO THE POINT OF BEGINNING. TRACT OF LAND CONTAINS 4.68 ACRES, MORE OR LESS. ~ AND HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED, STAKED AND PLATTED AS SHOWN BY THE ACCOMPANYING PLAT, WHICH IS MADE A PART HEREOF AND HAVE DESIGNATED THE SUBDIVISION AS "MINGO COMMERCE CENTER" AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. SECTION I ' STREETS, ACCESS, EASEMENTS, STORM WATER FACILITIES, UTILITIES AND OWNER RESPONSIBILITIES: A. PUBLIC STREETS AND EASEMENTS: NOW THEREFORE, THE UNDERSIGNED OWNER, DEDICATES FOR THE PUBLIC USE THE STREET RIGHT- OF-WAY AS SHOWN ON THE ACCOMPANYING PLAT AND FURTHER DEDICATED FOR THE PUBLIC USE, EASEMENTS AND RIGHTS-OF-WAY AS SHOWN AND DESIGNATED ON THE ACCOMPANYING PLAT FOR THE SEVERAL PURPOSES OF CONSTRUCTION, MAINTAINING, OPERATION, REPAIRING, REMOVING AND REPLACING STORM WATER DETENTION FACILITIES AND ANY AND ALL PUBLIC UTILITIES, INCLUDING THE STORM AND SANITARY SEWERS, TELEPHONE LINES, ELECTRIC POWER LINES AND TRANSFORMERS, GAS LINES, WATER LINES AND CABLE TELEVISION, TOGETHER WITH ALL FITTINGS AND EQUIPMENT FOR EACH OF SUCH FACILITIES, INCLUDING THE POLES, WIRES, CONDUITS, PIPES, VALVES, METERS AND ANY OTHER APPURTENANCES THERETO WITH THE RIGHT OF INGRESS AND EGRESS TO AND UPON AFORESAID. NO BUILDING, STRUCTURE, OR OTHER ABOVE OR BELOW GROUND OBSTRUCTION THAT WILL INTERFERE WITH THE PURPOSES AFORESAID, WILL BE PLACED, ERECTED, INSTALLED OR PERMITTED UPON THE EASEMENTS OR RIGHTS-OF-WAYS AS SHOWN, PROVIDED HOWEVER, THAT THE OWNERS HEREBY RESERVE THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE, LAY AND RELAY WATER AND SEWER LINES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO, OVER, ACROSS AND ALONG ALL STRIPS OF LAND INCLUDED WITHIN THE EASEMENTS SHOWN ON THE PLAT, BOTH FOR THE FURNISHING OF WATER AND/OR SEWER SERVICES TO THE AREA INCLUDED IN SAID PLAT. B. LIMITS OF NO ACCESS: THE OWNERS HEREBY RELINQUISH RIGHTS OF INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY WITHIN THE BOUNDS DESIGNATED AS "LIMITS OF NO ACCESS" (LNA), AND SHOWN ON THE PLAT, EXCEPT AS MAY HEREAFTER BE RELEASED, ALTERED, OR AMENDED BY THE CITY OF OWASSO AND APPROVED BY THE OWASSO PLANNING COMMISSION OR ITS SUCCESSORS, OR AS OTHERWISE PROVIDED BY THE STATUTES AND LAWS OF THE STATE OF OKLAHOMA PERTAINING THERETO. THE FOREGOING COVENANT SHALL BY ENFORCEABLE BY THE CITY OF OWASSO OKLAHOMA, OR ITS SUCCESSORS, AND THE OWNER OF EACH LOT AGREES TO BE BOUND THEREBY. C. MUTUAL ACCESS EASEMENT: MUTUAL ACCESS EASEMENTS AS DEPICTED ON THE ACCOMPANYING PLAT ARE HEREBY .u ESTABLISHED FOR THE PURPOSE OF PROVIDING VEHICULAR AND PEDESTRIAN ACCESS TO EACH LOT IN THE ADDITION FROM PUBLIC DEDICATED STREETS. THE MUTUAL ACCESS EASEMENTS ARE FURTHER n~ RESERVED FOR THE EXCLUSIVE BUT MUTUAL USE AND BENEFIT OF THE OWNERS OF LOTS IN THIS ADDITION, THEIR TENANTS, GUESTS AND INVITEES SUBJECT ONLY TO THE RIGHT OF REASONABLE USE `" THEREOF FOR THEIR RESPECTIVE NORMAL AND CUSTOMARY PURPOSES BY (A) THE OPERATORS OF ,~ AMBULANCES OR OTHER EMERGENCY VEHICLES, AND (B) LAW ENFORCEMENT AGENCIES OF THE CITY OF OWASSO, THE COUNTY OF TULSA, THE STATE OF OKLAHOMA AND THE UNITED STATES OF AMERICA, AND (C) THE CITY OF OWASSO FIRE DEPARTMENT, AND (D) THE UNITED STATES POSTAL SERVICE, AND (E) ALL PUBLIC UTILITY COMPANIES PROVIDING A PUBLIC UTILITY SERVICE TO, FROM OR WITHIN THE ADDITION, AND (F) ALL OTHER AGENCIES OF THE CITY OF OWASSO, THE COUNTY OF TULSA, STATE OF OKLAHOMA AND .4 UNITED STATES OF AMERICA FOR USE THEREOF AS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF A GOVERNMENTAL FUNCTION OR DUTY OF SUCH AGENCY, AND (G) THE OPERATORS OF REFUSE ;,~ COLLECTION SERVICES. NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS CERTIFICATE, EXPRESSED OR IMPLIED, UNDER NO CIRCUMSTANCES IS THIS EASEMENT TO BE CONSIDERED AS '" DEDICATED TO THE PUBLIC EXCEPT AS AN EASEMENT, IT BEING EXPRESSLY INTENDED TO BE A PRIVATE STREET AND EASEMENT FOR PURPOSES AS SHOWN ON THE ACCOMPANYING PLAT OF THE ADDITION . "~ D. ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES: IN CONNECTION WITH THE INSTALLATION OF UNDERGROUND ELECTRIC, TELEPHONE AND CABLE ~, TELEVISION SERVICES, ALL OF THE LOTS ARE SUBJECT TO THE FOLLOWING: 1. OVERHEAD POLE LINES FOR THE SUPPLY OF ELECTRIC SERVICE, TELEPHONE AND CABLE TELEVISION SERVICE MAY BE LOCATED ALONG THE SOUTH AND EAST PROPERTY LINES OF THE SUBDIVISION. STREET LIGHT POLES OR STANDARDS MAY BE SERVED BY UNDERGROUND CABLE, AND ELSEWHERE THROUGHOUT THE SUBDIVISION, ALL SUPPLY LINES SHALL BE LOCATED UNDERGROUND IN THE EASEMENT WAYS RESERVED FOR GENERAL UTILITIES AND STREETS SHOWN ~ ON THE ATTACHED PLAT. SERVICE PEDESTALS AND TRANSFORMERS, AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES, MAY BE ALSO LOCATED IN SUCH EASEMENT WAYS. 2. EXCEPT TO BUILDINGS ON LOTS DESCRIBED IN PARAGRAPH (1) ABOVE, WHICH MAY BE SERVED FROM OVERHEAD SERVICE LINES, TELEPHONE LINES AND CABLE TV CABLES; UNDERGROUND SERVICE CABLES TO ALL BUILDINGS WHICH MAY BE LOCATED ON ALL LOTS IN THE SUBDIVISION MAY BE RUN FROM THE NEAREST SERVICE PEDESTAL OR TRANSFORMER TO THE POINT OF CONNECTION TO EACH BUILDING AS MAY BE LOCATED UPON SAID LOT; PROVIDED THAT UPON THE INSTALLATION OF SUCH A SERVICE CABLE TO A PARTICULAR BUILDING, THE SUPPLIER OF ELECTRIC SERVICE , TELEPHONE OR CABLE TELEVISION SHALL THEREAFTER BE DEEMED TO HAVE A DEFINITIVE, PERMANENT, EFFECTIVE AND EXCLUSIVE RIGHT-OF-WAY EASEMENT ON EACH LOT COVERING A FIVE FOOT STRIP EXTENDING 2.5 FEET ON EACH SIDE OF SUCH SERVICE CABLE EXTENDING FROM THE SERVICE PEDESTAL OR TRANSFORMER TO THE SERVICE ENTRANCE ON SAID BUILDING. 3. THE SUPPLIER OF ELECTRIC, TELEPHONE, AND TELEVISION SERVICE, THROUGH THEIR PROPER AGENTS AND EMPLOYEES SHALL AT ALL TIMES HAVE THE RIGHT OF ACCESS TO ALL SUCH EASEMENT WAYS SHOWN ON THE PLAT, OR PROVIDED FOR IN THIS DEDICATION FOR THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING, OR REPLACING ANY PORTION OF SAID UNDERGROUND ELECTRIC, TELEPHONE OR CABLE TELEVISION SO INSTALLED BY IT. ~ 4. THE OWNER OF EACH LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE UNDERGROUND ELECTRIC, TELEPHONE AND CABLE TELEVISION FACILITIES LOCATED ON HIS PROPERTY AND SHALL PREVENT THE ALTERATION OF GRADE OR ANY CONSTRUCTION ACTIVITY ~ WHICH MAY INTERFERE WITH SAID ELECTRIC, TELEPHONE OR CABLE TELEVISION FACILITIES, THE UTILITY COMPANIES WILL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF UNDERGROUND ELECTRIC, TELEPHONE OR CABLE TELEVISION FACILITIES, BUT THE OWNER WILL PAY FOR THE DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER ~ OR ITS AGENTS OR CONTRACTORS. 5. THE FOREGOING COVENANTS CONCERNING UNDERGROUND ELECTRIC TELEPHONE AND CABLE ' TELEVISION FACILITIES SHALL BE ENFORCEABLE BY THE SUPPLIER OF ELECTRIC, TELEPHONE OR CABLE TELEVISION SERVICE, AND THE OWNER OF EACH LOT AGREES TO BE BOUND THEREBY. E. WATER AND SEWER LINES IN CONNECTION WITH THE PROVISIONS OF WATER AND SANITARY SEWER, ALL OF THE LOTS ARE SUBJECT TO THE FOLLOWING PROVISIONS, TO-WIT: 1. THE OWNER OF EACH LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE PUBLIC WATER MAINS AND THE PUBLIC SANITARY SEWER FACILITIES LOCATED ON HIS LOT AND SHALL PREVENT THE ALTERATION OF GRADE IN EXCESS OF THREE (3) FEET FROM THE ORIGINAL CONTOURS OF ANY CONSTRUCTION ACTIVITY WHICH MAY INTERFERE WITH SAID PUBLIC WATER MAINS AND/OR SANITARY SEWER FACILITIES. SAID ALTERATION OF GRADE RESTRICTIONS SHALL BE LIMITED TO EASEMENT AREAS. ~ 2. THE CITY OF OWASSO OR ITS SUCCESSORS WILL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF PUBLIC WATER MAINS AND PUBLIC SANITARY SEWER FACILITIES, BUT THE OWNER ' WILL PAY FOR DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER OR HIS AGENTS OR CONTRACTORS., w 3. THE CITY OF OWASSO OR ITS SUCCESSORS THROUGH ITS PROPER AGENTS AND EMPLOYEES SHALL AT ALL TIMES HAVE RIGHT OR ACCESS WITH THEIR EQUIPMENT TO ALL SUCH EASEMENT WAYS SHOWN ON SAID PLAT OR PROVIDED FOR IN THIS CERTIFICATE OF DEDICATION FOR THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING AND REPLACING ANY PORTION OF SAID UNDERGROUND WATER AND SEWER FACILITIES. r 4. THE FOREGOING COVENANT CONCERNING WATER AND SEWER FACILITIES SHALL BE ENFORCEABLE BY THE CITY OF OWASSO OR ITS SUCCESSORS, AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. F. STORM WATER FACILITIES: FOR THE COMMON USE AND BENEFIT OF THE OWNERS OF THE LOTS WITHIN THE ADDITION AND FOR THE BENEFIT OF THE CITY OF OWASSO, THE "GRANTOR" HEREIN ESTABLISH AND GRANT A PERPETUAL EASEMENT OVER AND ACROSS THE AREA DESIGNATED IN LOT ONE(1) ,BLOCK ONE (1) AS "STORM WATER DETENTION EASEMENT' FOR THE PURPOSE OF PERMITTING THE CONSTRUCTION AND MAINTENANCE OF STORM WATER DETENTION FACILITIES NECESSARY TO MEET CITY OF OWASSO DETENTION REQUIREMENTS APPLICABLE TO THE ADDITION, AND FOR THE FURTHER PURPOSE OF PERMITTING THE FLOW, CONVEYANCE AND DISCHARGE OF STORM WATER RUNOFF FROM THE VARIOUS LOTS WITHIN THE ADDITION AND FROM PROPERTIES OUTSIDE THE ADDITION. 1. DETENTION AND DRAINAGE FACILITIES CONSTRUCTED IN THE DETENTION EASEMENT SHALL BE IN ACCORDANCE WITH ADOPTED STANDARDS, PLANS AND SPECIFICATIONS APPROVED BY THE CITY OF OWASSO. 2. NO FENCE, WALL BUILDING, OR OTHER OBSTRUCTION MAY BE PLACED OR MAINTAINED IN THE DETENTION EASEMENT AREA NOR SHALL THERE BE ANY ALTERATION OF THE GRADES OR ,r CONTOURS IN SUCH EASEMENT AREAS UNLESS APPROVED BY THE CITY OF OWASSO; PROVIDED HOWEVER THAT THE PLANTING OF TURF OR SINGLE TRUNK TREES HAVING A CALIPER OF NOT LESS THAN TWO AND ONE-HALF(2.5) INCHES SHALL NOT REQUIRE THE APPROVAL OF THE CITY OF t OWASSO. ~ 3. THE DETENTION EASEMENTS OR DRAINAGE AREAS AND THE FACILITIES LOCATED THEREON SHALL BE MAINTAINED BY THE OWNER OF LOT ONE (1), BLOCK ONE (1), MINGO COMMERCE CENTER, IN ACCORDANCE WITH THE FOLLOWING STANDARDS. A) THE DETENTION EASEMENT AREAS SHALL BE KEPT FREE OF OBSTRUCTION AND DEBRIS. B) THE DETENTION EASEMENT AREAS SHALL BE MOWED DURING THE GROWING SEASON AT INTERVALS NOT EXCEEDING FOUR (4) WEEKS. C) CONCRETE APPURTENANCES, IF ANY SHALL BE MAINTAINED IN GOOD WORKING CONDITION. D) TRICKLE CHANNELS OR PAVED AREAS , IF ANY, SHALL BE CLEANED OF SILTATION AND VEGETATION TWICE YEARLY. 4. IN THE EVENT THE OWNER OF SAID LOT ONE(1) SHOULD FAIL TO PROPERLY MAINTAIN THE DETENTION EASEMENT AREAS AND FACILITIES THEREIN SITUATED, AND PERFORM MAINTENANCE NECESSARY TO THE ACHIEVEMENT OF THE INTENDED DRAINAGE AND DETENTION FUNCTIONS, THE COST THEREOF SHALL BE PAID BY SAID OWNER OF LOT ONE(1) BLOCK ONE(1), MINGO COMMERCE CENTER. 5. IN THE EVENT THE AFORESAID OWNER OF LOT ONE(1) BLOCK ONE(1), MINGO COMMERCE CENTER FAILS TO PAY THE COST OF SAID MAINTENANCE AFTER COMPLETION OF THE MAINTENANCE AND RECEIPT OF A STATEMENT OF COSTS, THE CITY OF OWASSO MAY FILE , OF RECORD, A COPY OF THE STATEMENT OF COST, AND THEREAFTER THE COSTS SHALL BE A LIEN AGAINST THE PROPERTY. ALIEN ESTABLISHED AS ABOVE PROVIDED MAY BE FORECLOSED BY THE CITY OF OWASSO. G. OWNER RESPONSIBILITY WITHIN EASEMENTS: IN CONNECTION WITH THE PROVISIONS OF THE OWNER RESPONSIBILITY WITHIN EASEMENTS, ALL OF THE LOTS ARE SUBJECT TO THE FOLLOWING PROVISIONS, TO-WIT: 1. THE OWNER OF EACH LOT SHALL BE RESPONSIBLE FOR THE REPAIR OF DAMAGE TO LANDSCAPING AND PAVING OCCASIONED BY NECESSARY MAINTENANCE OF UNDERGROUND WATER, SEWER, STORM SEWER, GAS, COMMUNICATIONS, CABLE TELEVISION, OR ELECTRIC FACILITIES WITHIN THE UTILITY EASEMENTS DEPICTED ON THE ACCOMPANYING PLAT; PROVIDED HOWEVER, THE CITY OF OWASSO, OR THE SUPPLIER OF THE UTILITY SERVICE SHALL USE REASONABLE CARE IN THE PERFORMANCE OF SUCH ACTIVITIES. 2. NO LOT OWNER SHALL PLANT ANY TREES OR SHRUBBERY IN DEDICATED UTILITY EASEMENTS OR RIGHTS-OF-WAY WHICH WOULD POTENTIALLY ENDANGER, THREATEN, OR HARM ANY UTILITIES LOCATED WITHIN SAID EASEMENTS OR RIGHTS-OF-WAY. IF IT IS DETERMINED BY THE MUNICIPALITY THAT ANY TREES OR SHRUBBERY LOCATED WITHIN SAID EASEMENTS OR RIGHTS-OF-WAY ARE DAMAGING OR ENDANGERING UTILITIES IN SAID EASEMENTS OR RIGHT-OF-WAY, THE CITY SHALL HAVE THE RIGHT TO REMOVE SAID TREES OR SHRUBBERY UPON FIVE (5) DAYS NOTICE THEREOF AT THE LOT OWNER'S EXPENSE, OR WITHIN SUCH TIME THE LOT OWNER MAY REMOVE SAME. SECTION II ENFORCEMENT, DURATION AND SEVERABILITY; A. ENFORCEMENT; THE RESTRICTIONS HEREIN SET FORTH ARE COVENANTS TO RUN WITH THE LAND AND SHALL BE BINDING UPON THE OWNERS, THEIR SUCCESSORS AND ASSIGNS AND ALL PARTIES CLAIMING UNDER THEM. IF THE UNDERSIGNED OWNERS, OR THEIR SUCCESSORS OR ASSIGNS, SHALL VIOLATE ANY OF THE COVENANTS HEREIN, IT SHALL BE LAWFUL FOR ANY PERSONS OWNING ANY LOT SITUATED WITHIN THE SUBDIVISION OR THE CITY OF OWASSO, TO MAINTAIN ANY ACTION AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY SUCH COVENANT, TO PREVENT HIM OR THEM FROM SO DOING OR TO COMPEL COMPLIANCE WITH THE COVENANTS OR TO RECOVER DAMAGES FOR SUCH VIOLATIONS. ' B. DURATION: THESE COVENANTS SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF THIRTY (30) YEARS FROM ' THIS DATE AND SHALL BE AUTOMATICALLY THEREAFTER RENEWED FOR ADDITIONAL TEN (10) YEAR TERMS UNLESS THE OWNERS OF THE LOTS IN MINGO COMMERCE CENTER WITH APPROVAL OF THE CITY OF OWASSO SHALL, IN WRITING TERMINATE THE SAME BEFORE THE COMMENCEMENT OF ANY RENEWAL ' PERIOD OF THE SAME. THE COVENANTS MAY BE AMENDED FROM TIME TO TIME BY THE CONSENT OF APPLICABLE UTILITY COMPANIES, THE CITY OF OWASSO, ALL THE OWNERS, AND THE OWASSO PLANNING COMICAISSION OR THEIR ' SUCCESSORS, OR AS OTHERWISE PROVIDED BY LAW. C. SEVERABILITY: INVALIDATION OF ANY RESTRICTION SET FOURTH HEREIN OR ANY PART THEREOF, BY AN ORDER, JUDGMENT, OR DECREE OF ANY COURT, OR OTHERWISE, SHALL NOT INVALIDATE OR AFFECT ANY OF THE OTHER RESTRICTIONS OR ANY PART THEREOF SET FORTH HEREIN, WHICH SHALL REMAIN IN FULL FORCE ~ AND EFFECT. IN WITNESS WHEREOF, THE OWNERS HAVE CAUSED THESE PRESENTS TO BE EXECUTED THIS DAY OF , 1993. RONALD G. WITTEN RAYMOND L. WITTEN MINGO PROPERTIES, A GENERAL PARTNERSHIP BOBBIE B. WITTEN BOBBIE R. WITTEN ^ TERRY L. INGLE JANET F. INGLE ^ ' STATE OF OKLAHOMA ) SS COUNTY OF TULSA ) BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS OF ,,,,, 1993, PERSONALLY APPEARED RONALD G. WITTEN, BOBBIE B. WITTEN, RAYMOND L. WITTEN, BOBBIE R. WITTEN, TERRY L. INGLE AND JANET F. INGLE TO ME KNOWN TO BE THE ~ IDENTICAL PERSON WHO SUBSCRIBED THE NAME OF THE MAKER THAT THEY EXECUTED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED, FOR THE USED AND PURPOSES THEREIN SET FOURTH. .. ~ GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR LAST ABOVE WRITTEN. NOTARY PUBLIC , MY COMMISSION EXPIRES: CERTIFICATE OF SURVEY; I, TOM A. HAYNES, REGISTERED PROFESSIONAL LAND SURVEYOR #1052 IN THE STATE OF OKLAHOMA, ON THIS DAY OF 1993, AT TULSA, ~ OKLAHOMA, DO HEREBY CERTIFY THAT I HAVE CAREFULLY AND ACCURATELY SURVEYED, STAKED, SUBDIVIDED AND PLATTED THE TRACT OF LAND DESCRIBED HEREON AND THAT THE ABOVE PLAT, DESIGNATED MINGO COMMERCE CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, IS A TRUE REPRESENTATION OF SAID SURVEY. TOM A .HAYNES ~ STATE OF OKLAHOMA ) SS COUNTY OF TULSA ) BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE, ON THIS DAY OF ,1993, PERSONALLY APPEARED TOM A. HAYNES, PERSONALLY KNOWN TO ME TO BE THE IDENTICAL PERSON WHO EXECUTED THE WITHIN AND FORGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS HIS FREE AND VOLUNTARY ACT DEED, FOR THE PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES; ^i ^i ~ ~ ~ MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: PLAT AMENDMENT -DOUBLE OAKS II DATE: November 30, 1993 BACKGROUND The City of Owasso received a request from Double Oaks, Inc., to amend a building line on a lot located within the previously approved Double Oaks II Addition. More specifically, to amend the northeast building line shown on Lot 22 of Block 1 from 25 feet to 15 feet. ' Enclosed within your packet is a plat of Double Oaks II. As you can see, the northeast building line of Lot 22 of Block 1 is shown as 25 feet. Although staff was not here when this plat was reviewed by the Planning Commission and City Council, it is my understanding that the reason ' behind the 25 foot building line on that lot is due to plans for a future road to access the remaining undeveloped portion of the square mile section. Also enclosed is a copy of the building site plan submitted at the time of the building permit application. Notice that the building on the site plan does reflect that it was to be 25 feet from the property line as the plat would require. Apparently, in one phase of construction, the building was located only 15 feet from the property line, thus the request for a plat amendment. As a requirement for amending a plat, the applicant must supply the City of Owasso with the signatures of all property owners within the addition endorsing the approval of the proposed amendment. Attached is a copy of those signatures for your review. Staff has no objections to the request to change the building line on Lot 22, Block 1 of Double Oaks II as the requested change will not be in conflict with the bulk and area requirements for an RS-3 district. The bulk and area requirements of an RS-3 district require a side yard abutting a street to be a minimum of 15 feet. The amendment to the building line would meet this requirement. The Planning Commission unanimously recommended approval of the plat amendment at their November 18, 1993 meeting. RECOMMENDATION Staff recommends approval of an amendment to the northeast building line of Lot 22, Block 1 of Double Oaks II from 25 feet to 15 feet. ATTACHMENTS 1. Double Oaks II plat. 2. Building site plan for Lot 22, Block 1 of Double Oaks II. 3. Required signatures for the amendment. j6 DOUBLE OAKS AN ADDITION TO THE CITY OF OWASSO. - OKLNiOMA, BEING A PART OF THE Ei/2. SECTION 29. T71N, R14Q TULSA COUNTY, OK1aH01r1A ® . OWNER stole ,--too' DOUBLE OAKS, INC. ENGINEER P.O. Box 7 LEWIS ENGINEERING, P.C. Owasso, OK 74055 3601 E. 51st St., Suite 103 918/272-1263 ~ Tulsa, OK 74135 918/747-6788 R 14 E EAST d6tl, SiREE ~ ~~ m Dose. om y --- .~ a -s aoas t was ~.r-.. ~ _ ,~ _ t N O ~". _H Or O10B! O n. . ftT. Iwsf ~ n ii 0~1tO YNl Owl ~AO4 ~1J.W1 Ensr ~cw srnEEr -~oRni LOCATION MAP SUBJECT LOT 22 -Lots ' 5.50 Acres ~a - ~~~ . ^\F~ ~ ~ 5~ ~ ~ ~ ~~ ~~ ~\~y~~~~ ~~~ ~ ~ ~,° ~ ~ 1 I I I I I I I ~ \ ~ .k• ~~~ ~~' I- - --I EAST 80th PLACE NOIRTH X39 •~' ~. «~_^n i' I ~• ,D~e East 359.80' (t~30.00~, _ t1~ g~ ~2~ i' • s. ~~ sa 13 I - ~~ °0 27C~ g i_ ~ t21t~ ~ t2212122/'~i.~ o~'~ ~. «~8 • ~~ .,$ ~ r.. I-- N^ 800( j 4 3, S a 6 ,; y f+q `~.'~ 4 w s~~/ .2~~ _; N N ' e ~ 9 ~ /Z2~g fir lR~~4~ i ao 80th PL ~ ~~ (M _ - ~1 L 1 g ~^ t y J $ Q N « ~ ~_ ----------Due Wwt-- ;,~~.~-745.68~-------'---J I N Z na.oar > > p I a t o`~ „S~_ J o -~ _ rum ~'•- 'd °~`- I I ~ .os. ~ I° ~ t ; i ;t Oue West za ` \~ ~`\ / /~~,/ / ~? ~ O ~ ~~ ~. z, .~~ F i i i J' ~ ~; ~+ 2: ~, Z • ~, i~ :~ O 5 ~ ~ ~~ _qb ~ ~'~ ~~ ~~~ \~ ~ , rG , 4 Q~ m ~,~ i~ ~ i N ~ c~ n . , ~: f`~ I ~, ,~ ~ O~^ 1.2~~ ~J ~. ~~ ST 1U LaT ~~- ~L.oc,~ 1 ~~~~ E a~ kS 1~ ©~-~sso~ ply. ~lr 0 ~~ '0 ~I In ~~ ~- AMENDMENT TO DOUBLE OAKS II ADDITION TO THE CITY OF OWASSO TULSA COUNTY, OKLAHOMA THIS AMENDMENT to the Plat of DOUBLE OAKS II is made this 25~ day of October, 1993 by Double Oaks, Inc.; Homes by Betty, Inc.; INCO, Inc.: James M. Willingham; April Lynn Woolweaver; Douglas A. Lewis; Rodney W. Frailey; Chris W. Beu and George Lincoln Sallee, III of the lots and blocks set forth hereinbelow, who are the owners of the lots and blocks set forth opposite their names hereinbelow and who are the owners of the lots and blocks of DOUBLE OAKS II, an addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plat thereof, to-wit: Owner Lots Block Double Oaks, Inc. 1,2 ,3,4,6,7,11,17 to 21 1 James M. Willingham 5, 9 1 April-Lynn Woolweaver 8 1 Douglas A. Lewis 10 1 Rodney W. Frailey 12 1 Chris W. Beu 13 1 INCO, Inc. 14. 16 1 George Lincoln Sallee I II 15 1 Homes by Betty, Inc. 22 1 WHEREAS, it is the desire of the above named o wners to amend the plat of DOUBLE OAKS II, Plat No. 4886, dated May 2 6, 1992 and filed for record in the office of th e County Clerk of Tulsa County, State of Oklahoma on June 2, 1992, as it affects the above Lot 22 Block 1. NOW, THEREFORE, in considera tion of the sum of Ten and no/100 Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and other good and valuable consideration, the undersigned do hereby amend and modify the Plat of DOUBLE OAKS II as set forth hereinbelow: ~ ~ 1. The Northeast building set back line for Lot 22 Block 1 is hereby changed from 25 feet to 15 feet. The undersigned, as owners of the affected lots, do hereby ratify and incorporate by reference, and affirm all parts of the Plat and Deed of Dedication and Restrictive Covenants which are not amended hereby and which are consistent herewith. This Amendment shall be effective from the date hereof, and shall be enforceable to the same extent and in the same manner as if originally set forth fully in the original Plat and Deed of Dedication of the DOUBLE OAKS II Addition. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to ~ I be executed the day and year first above written ~ rc ' ATfiEST : ~ ~ i ATTEST: ~' ~ ~~~~ ATT ST: DOUBLE OAKS, INC. .~~ ~ 1 By 1 ~ Preside Homes by Blrtty, Inc. By' f - President A~~=i lJ Lynn Woolw~ver ~ .~~ gl ;~ A. Lewis STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) RodneN W. Frailey Chris%W. col n Sa`T1 ~e I I I Before me, the undersigned Notary Public in and for said County and Staten this ~ day of ~ 1993, personally appeared % ~ , the President of OUBLE OAKS, INC., and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation for-the uses and purposes therein set forth. GIVEN under my hand and seal of office the day and year first above written. '~.~ ~' C Notary P blic My Commission Expires: ~~ _ ~~_S n INCO, INC. ^ STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the and rsigned Notary P blic in and for said County and State, on this ~~day of ~(~ 1993. d personally. appeared ~"/>,~ cif ~ ~ ~~~ the President of Homes by Betty, Inc., and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. GIVEf~ under my hand and seal above written. My Commission Expires: ~-'~i~~~ STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) ~ of office the day and year first otary Publi~ Before me, the undersigned Notary Public in and for said County and State, on this ~ day of (~-c.~ 1993, personally appeared ~~-~ ~,~~~.~:~, the President of INCO, INC., and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. GIVEN under my hand and seal of above written. My Commission Expires: ~-/~ ~ 5 ~ ~--- office the day and year first ~~ Notary Pu lic 1 1 1 ~~ x• w, • . fi STATE OF OKLAHOMA SS. T COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this ~"L day of October, 1993, personally appeared JAMES M. WILLINGHAM, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. ~ Notary Public My Comm//i ss i onnExp i res ~~C~ ~ ~ / .~ STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this day of October, 1993, personally appeared APRIL LYNN WOOLWEAVER, to be known to be the identical persons who .• executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above ~ ~~ written . Notary Public My Commission Expires: STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this day of October, 1993, personally appeared DOUGLAS A. LEWIS, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day 'and year last above written. 7~ Notary ublic My Commission Expires: ~-/~' ~7 STATE OF OKLAHOMA SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this day of October, 1993, personally appeared RODNEY W. FRAILEY, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. Notary Public My Commission Expires: • ,, ii If .. STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this -~ day of October, 1993, personally appeared CHRIS W. BEU, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. Notary Public My G:~r~imi ss i on Expires ~'/~~ s? STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this ~ Z day of October, 1993, personally appeared GEORGE LINCOLN SALLEE, III, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. My Commission Expires: ~-~~- ~~_ o ary P blic STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this ~,_. day of October, 1993, personally appeared Cathy D. Carter to be know; nst°umentthanddacknowl edgedontowbe executed the within and foregoing that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. . iG2%r Notary blic My commission Expires: -~./~` ~~ ~.